NPDES Permit Issues
AMSA Testifies before Senate Special Committee on Y2K
Background: The Y2K issue arises because a number of computerized functions require recognition of a specific year, but many computers and equipment recognize only the last two digits of a year's date (i.e., 1998 is 98; 2000 is 00). When the calendar changes to the year 2000, computers and equipment with embedded computer chips may have difficulty interpreting the correct year. As a result, some computers and equipment could breakdown. Others may continue to operate, but erroneously, while still others simply may stop completely and need to be restarted. Some may create data that look correct, but in reality contain errors, and some may continue function correctly. Technical experts warn that certain computer-related systems may have trouble functioning properly on more than a dozen other dates arising over the next two years, due to fiscal years ending at different times.
Status: On November 30, 1998, EPA released their Y2K Enforcement Policy focusing on testing - related violations that are reported to EPA by February 1, 2000. Through this policy, EPA would like to encourage agencies to perform any necessary testing of computer systems and their related environmental components well in advance of the Year 2000. The policy states EPA's intent to “waive 100% of the civil penalties that might otherwise apply, and to recommend against criminal prosecution, for environmental violations caused during specific tests that are designed to identify and eliminate Y2K-related malfunctions.” The Agency has developed a set of nine criteria which must be met for EPA to waive civil penalties and recommend against criminal prosecution. These criteria focus on testing protocols, the violations caused by testing, the time, length and necessity of the test, the level of harm caused by violations, immediate correction and remediation, reporting violations, retesting and the agency's cooperation with EPA. The policy was forwarded to the membership via AMSA Member Update MU 98-23. Patrick Miles, County Sanitation Districts of Orange County, CA testified before the Senate Special Committee on the Year 2000 Technology Problem, December 18, 1998. The testimony emphasized the data collected from the AMSA's updated Year 2000 Survey Analysis (MU 98-21). AMSA's web site http://www.amsa-cleanwater.org now features a special Year 2000 section, Y2K Readiness …The Nations POTWs Prepare. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Justice Department Unveils Proposal for EPA Municipal Settlement Policy on Superfund
Background: On November 16, the U.S. District Court for the District of Columbia has dismissed industry's challenge to EPA's policy of reducing the liability of municipal solid waste generator, including those that produce biosolids, at Superfund sites and owners and operators of solid waste landfills. In the matter of Chemical Manufacturers Association, et al. v. EPA (No. 98-1255-LFO) a motion was granted to dismiss the charge that EPA's guidance is legally a rule under the Administrative Procedures Act, by concluding that industry failed to provide a specific case for review. The guidance in question suggests settlement of $5.39 per ton for generators/transporters, and targets owners and operators with 20-30 percent of cleanup costs at a particular site. AMSA believes that EPA's policy has assigned the proper amount of liability to the authorities. AMSA distributed the decision to the members via Legal Alert 98-8. Immediately following the federal district court decision, the Justice Department unveiled the first proposed settlement with several municipalities which makes use of EPA's municipal settlement policy. The proposed settlement, in U.S. v. AlliedSignal and Amphenol Corp. provides liability and contribution protection to four New York municipal governments in a third-party cost recovery case filed against them by two potentially responsible parties.
Status: AMSA will continue to track developments in the use of and challenges to the municipal settlement policy through its coordination with the American Communities for Cleanup Equity. CONTACT: Sam Hadeed, AMSA 202/833-4655.
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 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). Proposed revisions for Round II, as published by EPA on December 11, 1996, 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: EPA plans to publish a final rule in February 1999. 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.
EPA Expects to Propose Rule on Electronic Reporting in the NPDES Program
Background: EPA expects to propose a rule to allow NPDES reports and other information to be submitted electronically. The proposed rule would establish criteria for electronic reporting and a specific process and conditions for electronic reporting of discharge monitoring reports. The proposal addresses electronic signature, certification, and record keeping requirements that permittees would follow when submitting forms to EPA electronically.
Status: EPA expects to propose this rule in February 1999. CONTACT: Robin Danesi 202/260-2991
EPA Solicits Grants for Public Access to Environmental Monitoring
EPA is requesting applications from local governments for a total of approximately $3.4 million in grants to establish local environmental monitoring pilot programs as part of a Presidential initiative called Environmental Monitoring for Public Access and Community Tracking (EMPACT). EMPACT is designed to provide public access to clear, understandable, timely and accurate environmental monitoring data in at least 75 of the larger U.S. metropolitan areas in all 50 states. Environmental monitoring consists of systematic measurements, evaluations, and communication of physical, chemical and biological information. This information on environmental conditions will assist the public in day-to-day decision-making concerning their health and the environment. These pilots will be developed through community partnerships between state, local, and tribal governments, universities, not-for-profit organizations and the private sector. Copies of the application can be obtained from the Internet at http://www.epa.gov/empact. If you have questions regarding the EMPACT program please leave a message at 1-800-490-9194, and your call will be returned the next business day. All applications must be received by EPA on April 8, 1999 no later than 4 p.m.