NPDES PERMIT ISSUE
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.
Status: The Permits division is currently meeting with
environmental organizations and finalizing the preamble language.
EPA plans to publish a final rule in January 1998. 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 other 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: AMSA submitted comments to EPA on March 28, 1996.
EPA expects to publish a final rule in February 1998. CONTACTS:
Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, EPA 202/260-2991.
NPDES/Sewage Sludge Monitoring Reports - Information Collection
Activities
Background: EPA is planning to submit an Information Collection
Request (ICR) to the Office of Management and Budget (OMB) on
the NPDES/Sewage Sludge Monitoring Reports, which expires May
31, 1998. Prior to submitting the ICR to OMB for review and approval,
EPA is soliciting comments on specific aspects of the proposed
information collection described in the November 24, 1997, Federal
Register. This guidance potentially affects NPDES permittees
including POTWs, privately owned treatment works, and storm water
permittees. The sewage sludge record keeping and reporting requirements
identified in the ICR apply to both public and private treatment
works treating domestic sewage and to domestic septage haulers.
The NPDES program regulations require permitted municipal and
non-municipal point source discharges to collect, analyze and
submit data on their wastewater discharges. Under these regulations,
the permittee is required to collect and analyze wastewater samples
or have the analysis performed at an outside laboratory and report
the results to the permitting authority suing DMRs, a pre-printed
form used for reporting pollutant discharge information. Sample
monitoring, analysis, and reporting frequencies vary by permit,
but must be performed at least annually for all permitted discharges
except for certain storm water discharges. Upon renewal of this
ICR, the permitting authority will continue to require NPDES and
sewage sludge facilities to report pollutant discharge monitoring
data. The permitting authority will use the data from these forms
to assess permittee compliance, modify or add new permit requirements
and revise effluent guidelines. The monitoring data required of
NPDES and sewage sludge facilities represents the minimum information
necessary to achieve the Agency's goals and satisfy regulatory
standards.
Status: Comments must be submitted to EPA by January 23,
1998. CONTACT: Angela Lee, EPA 202/260-6814.
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. EPA plans to conduct pilot projects and partnership agreements during 1998. On January 8, 1998, EPA released the final "National Performance Measures Strategy" report, which describes a measurement framework of outputs, outcomes, and environmental indications that will be used to measure the performance of the enforcement and compliance assurance program. The report describes the individual performance measures and implementation tasks and schedules for each. EPA plans to publish a more detailed implementation plan in January 1998. The final report and detailed implementation plan will be forwarded to the AMSA membership via an upcoming Regulatory Alert. CONTACT: Sam Hadeed, AMSA 202/833-4655 or James McDonald, EPA 202/564-4043.