NPDES Permit Issues
NPDES Permit Application Requirements for POTWs, Form 2A - Final Rule
Background: On December 6, 1995, EPA published a proposed rule to amend NPDES permit application requirements and application forms for POTWs, A copy of the proposal was distributed via Regulatory Alert RA 96-4 on January 30, 1996. AMSA comments on the proposal were submitted to EPA on March 28, 1996.
Status: On August 4, 1999, EPA published final NPDES permit application requirements for POTWs. All POTWs must submit required data as specified in revised 40 CFR Part 122.21(j) with their permit applications. Applicants for EPA-issued permits must submit applications on an EPA permit application Form 2A. Applicants for State-issued permits must use State forms which must require at a minimum, the information listed in 40 CFR Part 122.21. The changes consolidate POTW application requirements, including information regarding toxics monitoring, whole effluent toxicity testing, industrial user and hazardous waste contributions, and sewer collection system overflows. The most significant revisions require toxic monitoring by major POTWs (and other pretreatment POTWs) and limited pollutant monitoring by minor POTWs. Applicants will be required to submit the results of no less than three pollutant scans from the previous permit cycle. POTWs that have performed WET analyses at least annually over the past five years prior to the new permit application will not be required to perform additional WET analyses. Applicants that do not have this information will be requi red to conduct four quarterly effluent WET analyses one year prior the application. Information on all WET analyses conduct during the previous permit cycle will also be required. CONTACT: Mark Hoeke, AMSA 202/833-9106, or Wendy Bell , EPA 202/260-9534.
EPA to Drafts Framework to Address Permit Backlog
Background: In response to concerns from Congressional leaders concerning the extent of the NPDES permit backlog, EPA has drafted a framework to reduce the percentage of expired permits to 10 percent by the end of 2004. The framework was recently discussed at a June 23 meeting with the Association of State and Interstate Water Pollution Control Administrators. A short-term goal of the framework is reduce the backlog of major permits to 20 percent in all States by the end of 1999, and to 10 percent by the end of 2001. To achieve these goals, the framework discusses five strategic initiatives that include short- and long-term actions. These initiatives include: 1) Understanding and Better Defining the Backlog; 2) Examining Permitting Efficiencies and Streamlining Opportunities; 3) Providing Funding and Technical Support for Regions and States; 4) Encouraging Regional and State Leadership; and 5) Improving Data Collection and Management.
Status: EPA expects to release a revised draft framework by the end of the summer for public comment. The Agency would like to issue a policy to the Regions and States later this year that would encourage the reduction of the permit backlog in a consistent manner. CONTACT: Mark Hoeke, AMSA 202/833-9106.
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 by the end of the summer 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 summer 1999. CONTACT: Robin Danesi 202/260-2991