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NPDES Permit Issues

NPDES Streamlining - Proposed Rule

Background: In response to President Clinton's February 21, 1995 Reinventing Government directive, EPA proposed revisions to NPDES requirements in 40 Code of Federal Regulations (CFR) Parts 122, 123, and 124 to eliminate redundant regulations, provide clarification, and remove or streamline unnecessary procedures which do not provide environmental benefits (Round II). The proposed Round II 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 were due to EPA by February 10,1997.

Status: EPA plans to publish a final rule in December 1997. Work has begun on Round III streamlining and 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. 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. Comments were submitted to EPA on March 28, 1996. EPA expects to publish a final rule in October 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, EPA 202/260-2991.

Contaminated Sediments Strategy Undergoing Internal EPA Review

Background: EPA is undergoing final internal review of a draft contaminated sediment management strategy. EPA's Contaminated Sediment Management Strategy is being developed to streamline decision-making within and among the Agency's program offices by promoting and ensuring: the use of consistent sediment assessment practices; consistent consideration of risks posed by contaminated sediment; the use of consistent approaches to management of contaminated sediment risk; and the efficient use of scarce resources for research and technology development.

Status: The current draft of EPA's Contaminated Management Strategy describes actions that the Agency intends to take to accomplish the following four strategic goals: 1) Prevent further sediment contamination that may cause unacceptable ecological or human health risks; 2) When practical, clean up existing sediment contamination that adversely affects the Nation's waterbodies or their uses, or that causes other significant effects on human health or the environment; 3) Ensure that sediment dredging and dredged material disposal continue to be managed in an environmentally sound manner; 4) Develop and consistently apply methodologies for analyzing contaminated sediment. The Strategy is comprised of six component sections: assessment, prevention, remediation, dredged material management, research and outreach. In each section, EPA describes actions that the Agency intends to take to accomplish the four broad strategic goals. In the assessment section of the Strategy, EPA proposes that Agency program offices all use standard sediment toxicity test methods and chemical-specific sediment quality criteria to determine whether sediments are contaminated. EPA also plans to use the National Sediment Inventory to identify sites that may be associated with adverse effects to human health and the environment. In the prevention section of the strategy, EPA proposes: considering sediment contamination as a factor in determining which industries should be subject to new revised effluent guidelines; using pollution prevention policies to reduce or eliminate sediment contamination resulting from noncompliance with permits; developing guidelines for design of new chemicals to reduce bioavailability and partitioning of toxic chemicals to sediment; and, implementing point and nonpoint source controls to protect sediment quality . The Strategy indicates that EPA's Office of Water intends to use standard sediment toxicity and bioaccumulation test methods for monitoring and interpretation of narrative water quality standards. The Strategy also recommends that EPA program offices use sediment quality criteria when they are published as final criteria, to assess contaminated sediment sites. All EPA programs conducting sediment monitoring intend to use the criteria to interpret sediment chemistry data. Upon publication, the criteria may be used to interpret the narrative standards of "no toxics in toxic amounts" and to set NPDES permit limits. EPA intends to encourage the States to develop Total Maximum Daily Loads (TMDLs) for impaired watersheds specifying point and nonpoint source load reductions necessary to protect sediment quality. AMSA members will receive a full version of the Strategy when it is released via Regulatory Alert. CONTACT: Mark Hoeke, AMSA, 202/833-9106.

EPA Office of Enforcement and Compliance Assurance National Performance Measure Strategy for Enforcement and Compliance Assurance

Background: EPA's Office of Enforcement and Compliance Assurance (OECA) is seeking input on alternative approaches to traditional EPA bean-counting activities by taking steps to identify and improve performance measures for enforcement and compliance activities. The effort is part of an overall National Performance Measures Strategy, as EPA hopes to establish a dialogue with regulatory partners and stakeholders through a series of meetings culminating with a report by mid-October 1997.

Status: EPA has prepared an "Inventory of Issues, Ideas, and Proposals from the Public Meetings, Roundtable Discussions, and Written Comments," which summarizes suggested principles and specific measures offered by stakeholders and regulatory partners who have participated to date. The Inventory will be used to guide the discussions during the roundtable meetings. This document will be updated throughout the roundtable meetings to reflect the current dialogue regarding measures for EPA's enforcement and compliance assurance program. The inventory is available on-line at EPA's EnviroSense Web Site at: http://es.inel.gov/oeca/perfmeas. OECA held a performance measures stakeholder meeting on July 30 in Washington, DC, which included AMSA. EPA is nearing completion of a set of performance measures for the compliance assurance program that will include output and outcome measures and environmental indicators. A September 17 meeting (Capstone Conference) with the stakeholders has been schedule to discuss the proposed measures. OECA will release its strategy plan on October 1, 1997 to meet the Government Performance and Results Act (GPRA). CONTACT: Sam Hadeed, AMSA 202/833-4655 or James McDonald, EPA 202/564-4043.