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. 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: Howard Rubin, EPA 202/260-2051.
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: AMSA submitted comments to EPA on March 28, 1996. EPA expects to publish a final rule in December 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, EPA 202/260-2991.
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's Office of Enforcement and Compliance Assurance held a Capstone Conference on October 7, 1997 to hear from stakeholders regarding a proposed framework for an enhanced set of performance measures for enforcement and compliance assurance. The proposed framework includes fourteen sets of performance measures embodied under three major categories: impact on environmental and noncompliance problems, effects on behavior of public or regulated entities, and enforcement and compliance assurance activities. The plan for use and implementation of enhanced performance measures was developed over the past year through extensive consultation with stakeholders, including AMSA, regulatory partners, and internal managers. Public comment on the proposed strategy will be accepted by EPA through October 17. The final document will be distributed to AMSA's membership via Regulatory Alert following its release in early November. EPA plans to conduct pilot projects and partnership agreements during 1998. The final report will be forwarded to the membership via an upcoming Regulatory Alert. CONTACT: Sam Hadeed, AMSA 202/833-4655 or James McDonald, EPA 202/564-4043.
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