NPDES Permit Issues
Proposed and Final Rules - Notices
NPDES Streamlining - Proposed Rule
Background: In response to President Clinton's February 21, 1995 Reinventing Government directive, EPA plans to issue a comprehensive rulemaking package revising certain NPDES requirements in Parts 122, 123, and 124 to eliminate redundant regulations, provide clarification, and remove or streamline unnecessary procedures which do not provide environmental benefits. Round III streamlining revisions may include (1) additional permit modifications that can be considered minor, and (2) changes to requirements concerning EPA's review of State permits. Other NPDES streamlining efforts are described in more detail in subsequent sections of this Update.
Status: The proposed rule was published in the December 11, 1996 Federal Register. Proposed revisions for Round II include: (1) allowing general permits to cover multiple categories of discharges, thus, increasing the ability of general permits to cover currently unregulated sources, and streamline reissuance procedures of general permits where no changes in permit conditions are anticipated; (2) allowing permit writers not to require permit limits for all effluent guideline listed pollutants under certain circumstances; (3) removal of stormwater group application requirements; (4) streamlining permit terminations procedures; and, (5) revising Part 124 evidentiary hearing procedures. Comments on the proposed rule are due to EPA by February 10,1997. CONTACT: Thomas Charlton, EPA (202) 260-6960.
NPDES Permit Application Requirements for POTWs, Form 2A and 2S - Proposed Rule
Background: EPA published in the December 6, 1995 Federal Register, a proposed rule which will amend NPDES permit application requirements and application forms for POTWs. The proposed regulations and Form 2A would replace existing Standard Form A and Short Form A to account for changes in the NPDES program since the forms were issued in 1973. The proposal consolidates POTW application requirements, including information regarding toxics monitoring, whole effluent toxicity (WET) testing, pretreatment facility and hazardous waste contributions, and combined sewer overflows (CSOs). The most significant proposed revisions according to EPA, would require toxic and WET monitoring by major and pretreatment POTWs. EPA states that it believes that this information is necessary in order for permitting authorities to issue permits that will adequately protect the Nation's water resources. The proposed rule allows waivers where information is already available to the permitting authority. Refer to the Biosolids Management Issues section for a description of the requirements of the sewage sludge Form 2S.
Status: The proposed regulations and application forms were distributed to the membership via Regulatory Alert RA 96-4 on January 30, 1996. AMSA comments were synthesized and reviewed by AMSA's Biosolids Committee prior to submittal to EPA on March 28, 1996. EPA expects to publish a final rule in August 1997. CONTACTS:Sam Hadeed, AMSA (202) 833-4655, or Ruby Cooper Ford, EPA(202) 260-6051.
Calculation of the Economic Benefit of Noncompliance in EPA's Civil Penalty Enforcement Cases
Background: In the October 9, 1996, Federal Register, EPA published a request for comment on how it calculates the economic benefit obtained by regulated entities as a result of violating environmental requirements. The Agency is seeking comment on three categories of issues: The most effective mechanism for recapturing economic benefit; the methodology and assumptions incorporated in the economic benefit ("BEN") computer model used by the Agency to calculate that benefit; and, the model's precision and user-friendliness. After the comment period closes, the Agency plans to review all the comments and revise its benefit recapture approach as appropriate.
Status: EPA is requesting comments by March 3, 1997. CONTACT: Jonathon Libber, EPA Office of Regulatory Enforcement/Multimedia Enforcement Division, at (202)564-6011.
Policies, Reports, Guidance Documents, Meetings
EPA's Draft Memorandum on Revision of NPDES Significant Noncompliance Criteria to Address Violations of Non-Monthly Average Limits
Background: EPA's Office of Enforcement & Compliance Assurance (OECA) in mid-October 1995 transmitted to the Regional Water Directors a draft memorandum describing the Agency's new Significant Noncompliance (SNC) definition. The draft memorandum indicates that EPA will require permittees utilizing non-monthly average limits to meet the same SNC definition that is used for permits based on monthly averages. Under the new definition, the two violations per six month standard will apply to both monthly and non-monthly sampling periods. Additionally, the memorandum adds a caveat to the new definition: "When a [permit] parameter has both a monthly average and a non-monthly average limit, a facility would only be considered in SNC for the non-monthly limits if the monthly average is also violated to some degree (but less than SNC)." AMSA's Pretreatment and Hazardous Waste Committee reviewed the revised policy and had several concerns regarding the technical basis for the policy change.
Status: AMSA's leadership discussed this issue with Steve Herman, EPA's Assistant Administrator for OECA during its leadership meeting September 23-24, 1996. Though EPA did not feel the need to reevaluate the revised policy as AMSA recommends, EPA did agreed to work with AMSA on implementation issues. AMSA plans to schedule additional meetings with OECA officials to discuss this and other issues of concern. CONTACT: Sam Hadeed, AMSA (202) 833-4655 or Richard Lawrence, EPA (202) 260-9510.
EPA Office of Enforcement and Compliance Assurance to Hold Public Meeting on the National Performance Measure Strategy for Enforcement and Compliance Assurance
Background: In the January 13th Federal Register, EPA's Office of Enforcement and Compliance Assurance (OECA) announced a public meeting in Alexandria, VA, on February 3 to discuss innovative approaches to measuring enforcement and compliance assurance program performance. This meeting is part of an overall National Performance Measures Strategy designed to seek alternative approaches to traditional EPA bean-counting activities by taking steps to identify and improve performance measures for enforcement and compliance activities. EPA hopes to establish a dialogue with regulatory partners and stakeholders through a series of meetings culminating with a report by mid-October 1997. While the February 3rd meeting is open to the public, EPA is also accepting written comments on the following topics:
1) What innovative approaches are being used (or could be used) by other environmental agencies, regulatory agencies and law enforcement agencies to measure the effects of their enforcement and compliance assurance programs?
2) What innovative approaches are being used by regulated facilities, companies, or trade groups and associations to measure the effect of their efforts to achieve and maintain compliance and protect the environment?
3) What can EPA use to measure the impact of its enforcement and compliance assurance program in low-income/minority population communities?
4) How can EPA measure industry performance in complying with environmental laws and regulations?
5) How can EPA measure the deterrent effect of its enforcement-related activities, including conducting inspections, taking enforcement actions, and publicizing those actions?
6) How can EPA measure the impact of compliance assistance activities and compliance incentives, such as its audit and self-disclosure policy?
Status: The National Office is preparing a letter to Steve Herman, EPA Assistant Administrator of the Office of Enforcement and Compliance Assurance, requesting that AMSA hold regular meetings with his office and to include AMSA on any proposed FACA committee or related forum. The Federal Register notice announcing the meeting was distributed to the membership via Regulatory Alert RA 97-1. Comments on the topics listed above should be sent to Sam Hadeed, at the National Office, by January 28, 1997. CONTACT: Sam Hadeed, AMSA (202)833-4655 or James McDonald, EPA (202)564-4043.