NPDES Permit Issues
NPDES Streamlining - Proposed RuleBackground: 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.
Status: Comments on the proposed rule were due to EPA by February 10,1997. EPA plans to publish a final rule in July 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. 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.
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 held the second of several public meetings on March 17, 1997 in San Francisco, California. The first public meeting, held Feb. 3 in Washington, DC, focused on ways to supplement current enforcement and compliance assistance performance measures. A panel of industry groups said that instead of traditional EPA methods which focus on failures to comply with environmental standards, compliance rates should measure success. The industry panel also suggested that EPA's performance measures should take into account industry compliance rates and the degree of complexity of the regulations involved with that compliance. They stated that EPA should "give itself more credit" for enforcement actions against violations that pose the most actual or serious potential harm, and less credit for routine, or voluntarily reported minor violations by companies. While the environmental panel agreed that success rates should also be used to measure success, they strongly disagree with the idea of weighted compliance and differentiation among violations. The environmental justice panel believes EPA should adopt a number of environmental justice-related enforcement and compliance measures. The panel suggested that the Agency should assess the disparity in its performance in poor or minority communities compared with more affluent neighborhoods and should determine whether the benefits also extend to minorities and poor people. Both the environmental panel and the environmental-justice panel strongly felt that the best way to monitor enforcement and compliance is through citizen oversight. They emphasized that citizen groups should be allowed to review compliance data and make complaints to EPA or file citizen suits. EPA's next steps in developing their National Performance Strategy for Enforcement and Compliance Assurance is to meet with sets of stakeholders and regulatory agencies throughout the Spring and then hold a "capstone" conference with stakeholders by mid-September. A final report and implementation schedule should be available by October 1997. CONTACT: Sam Hadeed, AMSA 202/833-4655 or James McDonald, EPA 202/564-4043.
Grants to States Encourage Use of ISO14001 Environmental Management Systems Standard
EPA's Office of Wastewater Management has received grant applications from fifteen states in response to its Janaury 21 announcement that it will provide grant funding to those states selected to participate in a program to encourage and use the recently ratified ISO 14001 environmental management standard. Grants up to $100,000 are expected to be awarded to 5 to 7 states under this program. The initiative is designed to encourage State agencies, through their water programs, to evaluate the use of Environmental Management Systems (EMS) as a tool to promote improved environmental performance, and, as appropriate, identify more flexible ways for regulators to work with the regulated community. The initiative is also meant to support long-term intergration of these management systems into the ongoing operations of a major regulatory program that is jointly administered by EPA and the States. ISO 14000 is an emerging voluntary global environmental standard designed to be applied by industries on a world-wide basis. Being developed by the Internationial Organization for Standardization (ISO), the standard itself is composed of a series of Environmental Management Standards, of which, Environmental Management Systems (EMS) ISO 14001 is one part. Ratified in September 1996, ISO 14001 is aimed at promoting continual improvement in company environmental performance through the adoption and implementation of an environmental management system. The EMS is the key standard that organizations must use to achieve certification to the standard. The ISO 14001 standard is composed of the following key elements: (1) establishment of an appropriate environmental policy, (2) a planning phase, (3) implementation and operation of the EMS, (4) checking and corrective action procedures, and (5) periodic management reviews of the overall EMS. A companion guidance standard ISO 14004 includes examples, descriptions, and options that aid in the implementation of an EMS an in integrating the EMS into overall management practices. CONTACT: Jim Horne, EPA 202/260-5802.
Related Items of Interest
EPA is currently planning to conduct six NPDES Permit Writers' Training Courses during 1997. The objective of the course is to provide the basic regulatory framework and technical consideration that support the development of wastewater discharge permits as required under the NPDES Program. The course is designed for new permit writers, but may serve as a useful refresher for individuals experienced in the NPDES Program. The course may also benefit those interest in learning about the NPDES Program and process of developing, issuing and complying with NPDES permits. A tentative list of course locations and dates are as follows: Atlanta, GA (March 1997); Philadelphia, PA (May 1997); Honolulu, HI (June 1997); Boston, MA (August 1997); and, Chicago, IL (September 1997). CONTACT: Dan Weese, EPA 202/260-6809.