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NPDES Recent Additions
October 31, 2008
- 2008 CAFO Regulations - Revised regulations that address the Second Circuit court’s 2005 decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486, were signed on October 31, 2008. These regulations will become effective 14 days after it is published in the Federal Register. The final rule responds to the Waterkeeper decision that upheld most of EPA's 2003 rule, but directed further action or clarification on some portions.
September 23, 2008
- Final 2008 Multi-Sector General Permit - The new Stormwater Multi-Sector General Permit (MSGP) covers an estimated 4,100 industrial facilities that require NPDES permit coverage. EPA’s MSGP applies to facilities in states and territories not authorized to implement the NPDES permit program, including Alaska, Idaho, Massachusetts, New Hampshire, New Mexico, most U.S. territories, most Indian country lands, and several other locations. The new permit offers several improvements from the previous MSGP, including easy to understand discharge requirements; fast and easy electronic filing of Notices of Intent (NOIs) and monitoring reports; and several new web-based tools.
July 01, 2008
- Final 2008 Construction General Permit - On June 30, EPA issued a final 2008 Construction General Permit (CGP) that covers discharges of stormwater from certain construction sites. Because EPA is in the process of developing a national regulation (called an Effluent Limitations Guideline) for the construction and development industry, this permit contains substantially the same terms and conditions as the 2003 CGP and has been issued for a two-year time period. The new permit applies only to “new” construction sites (e.g., those that have started construction on or after June 30, 2008 or those that started previously, but did not obtain permit coverage under the 2003 CGP).
June 16, 2008
- Proposed Vessel Discharges General Permits - EPA is soliciting public comment on two proposed NPDES vessel permits, the Vessel General Permit (VGP) for Commercial and Large Recreational Vessels (79 feet or longer) and the Recreational General Permit (RGP) (recreational and uninspected passenger vessels less than 79 feet in length). The public comment period will be open for 45 days.
June 02, 2008
- Water Transfers Final Rule - EPA is publishing a final rule to exclude water transfers from the NPDES permitting program. The Agency believes that Congress intended for water transfers to be subject to oversight by water resource management agencies and State non-NPDES authorities, rather than the NPDES permitting program. The final rule defines a water transfer as an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This does not apply to pollutants introduced by the water transfer activity itself to the water being transferred.
May 27, 2008
May 15, 2008
- Proposed 2008 Construction General Permit (CGP) - EPA has issued a proposed 2008 Construction General Permit (CGP) for public comment. This public comment period will close on June 16, 2008. The 2008 CGP applies to discharges of stormwater from construction sites that disturb 1 acre or more of land, and from smaller sites that are part of a larger, common plan of development. Because EPA is also in the process of developing a national regulation (called an Effluent Limitations Guideline) for the construction and development industry, the Agency is proposing to issue this 2008 CGP for a period of two years and using the same terms and conditions as the 2003 CGP (which expires on July 1, 2008). Upon completion of the Effluent Guideline, the Agency will develop and issue a new (and improved) CGP that incorporates the provisions of the Effluent Guideline as soon as possible and not later than July 2010.
January 25, 2008
- Low Erosivity Waiver (LEW) Calculator - Some state construction general permits allow construction operators in more arid climates to apply for a waiver from NPDES permitting requirements. EPA has developed the LEW calculator to help small construction sites determine whether they qualify for this waiver. The calculator provides assistance to operators estimating the rainfall erosivity factor (R factor) to determine whether the R factor is low enough to justify a waiver from NPDES permitting requirements. The R factor can easily be calculated by using the construction site latitude/longitude or address and estimated start and end dates of construction. NOTE: Authorized states might have requirements different from EPA’s, and you should review your general permit for specific requirements.
January 17, 2008
- Green Infrastructure Action Strategy [PDF - 938 KB - 38 pp] - Developed by the Partners for Green Infrastructure (American Rivers, Association of State and Interstate Water Pollution Control Administrators, Low Impact Development Center, National Association of Clean Water Agencies, Natural Resources Defense Council, and EPA) this Action Strategy details a wide variety of efforts that will be pursued over the years by the partner organizations to reduce stormwater runoff, combined sewer overflows, and nonpoint source pollution. The Action Strategy covers seven broad categories, including research, outreach, demonstration projects, and more.
January 09, 2008
- Urban BMP Performance Tool - This tool has been developed to provide
stormwater professionals with easy access to approximately 220 studies
assessing the performance of over 275 BMPs. The tool provides access to
studies covering a variety of traditional and low impact BMP types,
including retention and detention ponds, biofilters, grassed filter
strips, porous pavement, wetlands, and others. Users will also find a
series of essays aimed at improving understanding of BMP performance and
the importance of volume reduction/infiltration in these assessments. EPA plans to add more studies to this tool over the coming year,
focusing on expanding the collection of studies of low impact
development or green infrastructure BMPs.
November 05, 2007
- Report to Congress: Combined Sewer Overflows to the Lake Michigan Basin [PDF - 1.8 MB - 88 pp] - This EPA Report to Congress provides an assessment of the occurrences of combined sewer overflows from Publicly Owned Treatment Works (POTWs) into the Lake Michigan basin. The Report also provides information about the enforcement of existing regulations concerning discharges and the future steps the EPA plans to take to minimize such overflows.
October 16, 2007
- NPDES Permit Requirements for Municipal Sanitary Sewer Collection Systems and SSOs - This draft fact sheet [PDF - 41 KB - 3 pp] explains that NPDES permit authorities should be improving implementation of NPDES permit requirements for SSOs and sanitary sewer collection systems by clarifying how conditions in NPDES permits for discharges from POTWs apply to the collection system serving the treatment works. Draft model permit conditions [PDF - 74 KB - 7 pp] for clarifying reporting, recordkeeping, third party notification and CMOM programs for sanitary sewer collection systems are attached. The draft fact sheet also explains permit coverage requirements for municipal satellite collection systems.
August 24, 2007
August 23, 2007
- Watershed-Based National Pollutant Discharge Elimination System (NPDES) Permitting Technical Guidance - This technical guidance is a follow up to the 2003 Watershed-based National Pollutant Discharge Elimination System (NPDES) Permitting Implementation Guidance and provides greater detail concerning a number of permit development and issuance questions not addressed previously. This document is focused on helping NPDES authorities develop and issue NPDES permits that fit into an overall watershed planning and management approach with input from watershed stakeholders.
August 07, 2007
- Water Quality Trading Toolkit for Permit Writers - EPA’s first "how-to" manual on designing and implementing water quality trading programs. The Toolkit helps NPDES permitting authorities incorporate trading provisions into permits. It will help improve the quality and consistency of all trading programs across the nation.
July 18, 2007
- Extension of Compliance Dates for CAFO NPDES program - EPA is extending certain compliance dates in the NPDES permitting requirements and Effluent Limitations Guidelines (ELGs) for concentrated animal feeding operations (CAFOs). The extension is in response to changes required by the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA.
June 20, 2007
- EPA Developing Vessel Discharge Permit Program - EPA is seeking information as it considers how to develop a water permit program for pollutant discharges incidental to the normal operation of commercial vessels and recreational boats. Vessel owners or operators whose discharges previously have been exempt from CWA requirements will require a permit beginning September 30, 2008. Regulated discharges may include ballast water, bilge water, deck runoff, and gray water. EPA is seeking public comments and data to help the agency develop the permitting framework. Specifically, EPA is seeking information about vessel identification and operations, owner notification, discharge impacts, pollution control equipment and practices, and commercial and recreational vessel traffic patterns. Comments and data are due within 45 days of publication of the notice in the Federal Register.
May 04, 2007
- Proposed Extension of Compliance Dates for CAFO Rule – EPA proposes a second extension to certain compliance dates in the NPDES permitting requirements and Effluent Limitations Guidelines (ELGs) for CAFOs. The extension is in response to changes required by the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA. This proposed rule will be open for a 30-day comment period closing on June 11, 2007.
June 18, 2007
- Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites - This guidance document is intended as a helpful reference for construction site operators who must comply with an NPDES stormwater permit. It describes the SWPPP development process and provides helpful guidance and tips for developing an effective SWPPP. A customizable SWPPP template and sample inspection report, in Microsoft Word format, are also available.
April 19, 2007
- Agreement to Promote Green Infrastructure - EPA and four national groups signed a statement of intent to promote the use of green infrastructure to help solve stormwater runoff and sewer overflow problems. The statement of intent pledges cooperation among these groups to promote the use of various green infrastructure techniques such as rain gardens, bioretention cells, infiltration swales, green parking lot design, rain barrels, and many others. Today's agreement supplements an early statement supporting green infrastructure that has been signed by over 30 national groups.
March 28, 2007
November 21, 2006
- Application of Pesticides to Waters of the United States in Compliance with FIFRA: Final Rule - A new rule clarifies that a NPDES permit will not be required when application of a particular pesticide to or over, including near, waters of the United States is consistent with requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The rule identifies two specific circumstances where NPDES permits are not required: the application of pesticides directly to water in order to control pests; and the application of pesticides to control pests that are present over or near water, where a portion of the pesticides will unavoidably be deposited to the water in order to target the pests.
July 21, 2006
June 22, 2006
- Proposed Revisions to CAFO NPDES Rule - EPA seeks comments on proposed revisions to the NPDES and Effluent Limitation Guidelines for CAFOs. The proposed rulemaking is in response to the order issued in Waterkeeper Alliance et al. v. EPA, (2nd Cir. 2005). Comments are due for this proposed rule by August 14, 2006. See the preamble and regulatory text for details on how to comment on the revised CAFO Rule.
June 07, 2006
June 01, 2006
- Proposed Water Transfers Rule - EPA is proposing a rule to exclude water transfers from the NPDES permitting program. The proposed rule would define a water transfer as an activity that conveys waters of the United States to another water of the United States without subjecting the water to intervening industrial, municipal, or commercial use. This exclusion does not apply, though, to pollutants that the water transfer itself may introduce to the water being transferred. The Agency believes that Congress intended for water transfers to be subject to oversight by water resource management agencies and State non-NPDES authorities, rather than the NPDES permitting program.
- The comment period has been extended until August 7, 2006.
May 24, 2006
- New and Revised National Menu of Stormwater BMPs - EPA has completed a significant revision of the National Menu of Best Management Practices (BMPs). The new menu will be easier to browse and search and includes approximately 20 new fact sheets that highlight innovative practices. We also invite knowledgeable experts in the stormwater field to provide comments and supply additional information that can improve the fact sheets contained in the Menu.
May 11, 2006
- Stormwater Qualifying Local Programs - Memorandum encouraging the further use of the Qualifying Local Programs (QLP) concept - QLP is part of the Phase II regulations that recognizes strong existing local sediment and erosion control programs, provide the opportunity to recognize other communities as they develop local sediment and erosion control programs in the future, and provide opportunities to streamline the regulatory process for construction site operators. A letter was sent to the EPA Regions and state permitting authorities to encourage the further use of this provision. This document includes a sample letter and attachment that was sent to EPA Region 1 and the state of Alabama.
February 14, 2006
December 30, 2005
- Proposed Amendments to the NPDES Regulations for Stormwater Discharges Associated with Oil and Gas Exploration, Production, Processing, or Treatment Operations, or Transmission Facilities - Seeks to implement a provision of the Energy Policy Act of 2005 that exempts most stormwater discharges from oil and gas exploration, production, processing, or treatment operations, or transmission facilities, including associated construction activities, from the requirement to obtain NPDES permit coverage. The proposal was available for public comment until February 21, 2006.
December 19, 2005
- Extension of Compliance Dates for the CAFO NPDES Program - EPA proposes to extend the principle compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements for concentrated animal feeding operations (CAFOs). The extension is in response to changes required by the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA.
December 19, 2005
- Proposed Peak Wet Weather Discharge Policy - EPA is seeking comments on a proposed policy for addressing peak wet weather events at wastewater treatment plants. The proposed policy describes the limited circumstances when certain management techniques may use to address very high flows that result from storm events. These techniques seek to ensure the continued safe operation of the treatment facility and to ensure the protection of human health and nearby waterbodies. Comments must have been received or postmarked on or before January 23, 2006.
December 01, 2005
November 02, 2005
- EPA Seeks Comments on Two Issues Concerning the Removal Credit Provisions in the General Pretreatment Regulations [PDF - 50 KB - 4 pp] - EPA is requesting public comment on whether to amend the list of pollutants for which removal credits are available to industrial dischargers. The pollutants that the Agency is requesting comments on are those that have previously passed EPA's exposure and hazard screening process. EPA is also soliciting comment on options to amend the "consistent removal" provision in the removal credits regulations to make it easier for municipalities to implement. The Agency will accept comments until December 13, 2005.
November 02, 2005
- Final Pretreatment Streamlining Rule [PDF - 408 KB - 66 pp] - On September 27, 2005, EPA signed and on October 14, 2005 published in the Federal Register final changes to its General Pretreatment Regulations. The final "pretreatment streamlining" rule is designed to reduce the burden to users; protect the environment; and provide more flexibility in technical and administrative requirements affecting industrial users, municipal sewage treatment facilities, and state and EPA authorities.
September 20, 2005
- 2nd National Water Quality Trading Conference - Call for Abstracts - The Water Quality Trading Conference, co-hosted by EPA and USDA, will focus on a voluntary, market based approach to cleaner water. Individuals are invited to submit one page abstracts on the following topics: Fundamental Aspects of Water Quality Trading; Mechanics of Water Quality Trading; and Examples of Water Quality Trading Programs. Note: The deadline for abstracts has been extended to December 16, 2005.
August 30, 2005
- 4th National Conference: Nonpoint Source and Stormwater Pollution Education Programs - EPA sponsored this national conference to help professional staff and volunteers at the local, state, regional, and federal levels increase public awareness of stormwater runoff through creative outreach programs. Examples of successful programs were shared, focusing on projects that are "process oriented" to learn how to effectively change public behavior and perception of watershed protection. This conference focused on the topics of nonpoint source, stormwater (MS4s), watershed protection, and TMDLs.
March 08, 2005
March 07, 2005
- EPA Extends Permit Deadline for Stormwater Discharges from Oil and Gas Construction Activities [PDF - 172 KB - 15 pp] - EPA extended the regulatory deadline that requires stormwater permit coverage for oil and gas construction activities that disturb between one and five acres of land to June 12, 2006. The additional time was used to consider comments raised by stakeholders and to consider the economic, legal, and procedural implications related to controlling stormwater
discharges from these sites. The extension also describes our intent to develop and propose a regulation by September 12, 2005 that would address stormwater discharges from these oil and gas construction sites. We also plan to hold at least one public meeting with stakeholders to exchange information on current industry practices and their effectiveness in protecting water quality.
February 21, 2005
- MSGP eNOI is Now Available - You can use the eNOI System to submit NOIs and NOTs for industrial facilities under EPA's Multi-Sector General Permit (MSGP). You can also prepare draft Industrial NOIs for signature by an appropriate official and you can save your work and return later. You can also use the eNOI System to submit an NOT even if you submitted a paper NOI. View Industrial NOI data from states and territories covered by EPA's Multi-Sector General Permit. You can use this page to search, sort, and view NOIs.
February 14, 2005
- WET Listening Sessions [PDF - 22 KB - 1 p] - EPA's Office of Wastewater Management hosted two listening sessions on its "Draft National Whole Effluent Toxicity (WET) Implementation Guidance Under the NPDES Program," released for public comment on December 28, 2004. These listening sessions took place in Washington, DC (February 28, 2005) and San Francisco, CA (March 17, 2005).
January 27, 2005
- Application of Pesticides to Waters of the United States in Compliance with FIFRA - EPA is issuing an interpretive statement and a proposed rule in response to questions raised about Clean Water Act (CWA) permitting requirements for the application of pesticides to or over the nation's waters. The statement reflects our belief that a CWA permit is not required where application of a particular pesticide to or over water is consistent with requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). However, we are reinforcing for local officials, resource managers, agricultural producers, and other pesticide users the importance of applying pesticides in accordance with their label directions. Comments on this action must have been received or postmarked on or before midnight April 4, 2005.
January 13, 2005
- EPA Proposes to Extend Permit Deadline for Stormwater Discharges from Oil and Gas Construction Activities [PDF - 70 KB - 5 pp] - EPA proposed to extend the regulatory deadline that would require stormwater permit coverage for oil and gas construction activities that disturb between one and five acres of land to June 12, 2006. The additional time was used to consider comments raised by stakeholders and to consider the economic, legal, and procedural implications related to controlling stormwater discharges from these sites. The proposed extension also describes EPA's intent to develop and propose a regulation that would address stormwater discharges from these oil and gas construction sites. The public was able to provide comments on the proposed extension for oil and gas construction activities disturbing one to five acres of land for thirty (30) days from publication in the Federal Register. This document provided information on how to provide comments.
December 28, 2004
- EPA Releases Draft National Whole Effluent Toxicity (WET) Implementation Guidance for Public Review and Comments - The draft document gathers together previous EPA guidance, policy, and other information and organizes it in one comprehensive document. The document also addresses a number of important issues that have been raised by states, regulated industry, and interested stakeholders on the implementation of whole effluent toxicity limits in NPDES permits. Interested parties may submit comments on the draft guidance until March 31, 2005. (The February 28, 2005 public comment period was extended to March 31, 2005.) Comments were submitted to EPA's eDocket.
December 15, 2004
- Permitting for Environmental Results - EPA is implementing a nation-wide assessment to improve the National Pollutant Discharge Elimination System (NPDES) permit programs. Under an overarching strategy called "Permitting for Environmental Results (PER)," the states and EPA have worked closely to develop an assessment of each NPDES program. Today, EPA is releasing 33 NPDES profiles. The remaining profiles will be released in early 2005.
November 12, 2004
- Stormwater Case Studies - EPA has developed a series of stormwater case studies to help Phase II municipal separate storm sewer systems (MS4s) get started on or improve their stormwater management programs. You can search the case studies by minimum measure, case study location, or by keyword search. Additional resources and tools for each case study and minimum measure are provided.
October 20, 2004
- Illicit Discharge Detection and Elimination Guidance Manual (Final)
 - Center for Watershed Protection's comprehensive manual that outlines practical, low cost, and effective techniques for stormwater program managers and practitioners. The guidelines include details on creating and managing a program, timelines that estimate how long program implementation will take, information on estimating program costs in terms of capital and personnel expenses, and types of testing used to detect stormwater illicit discharges. This manual provides valuable guidance for communities and others seeking to establish Illicit Discharge Detection and Elimination (IDDE) programs.
October 12, 2004
- AFO Virtual Information Center - Tool to facilitate quick access to livestock agricultural information in the US. This site is a single point of reference to obtain links to state regulations, web sites, permits and policies, nutrient management information, livestock and trade associations, federal web sites, best management practices and controls, cooperative extension and land grant universities, research, funding, and information on environmental issues. You can search links by selecting a specific link category, by selecting a state to obtain state-specific links, or view all AFO Virtual Information Center links.
August 26, 2004
- Report to Congress: Impacts and Control of CSOs and SSOs - Presents a comprehensive characterization of CSOs and SSOs, including the extent of environmental and human health impacts caused by CSOs and SSOs, the technologies used by municipalities to address these impacts, and the resources spent by municipalities to control CSO and SSO discharges. The Report finds that the occurrence of CSOs and SSOs is widespread, and that CSOs and SSOs cause or contribute to environmental and human health impacts. Further, the Report finds that there are many existing structural and non-structural technologies that are well-suited for CSO and SSO control.
August 20, 2004
August 11, 2004
- Does Your Construction Site Need a Stormwater Permit? A Construction Site Operator's Guide to EPA's Stormwater Permit Program - This new brochure provides construction companies with a brief overview of EPA's Construction General Permit (CGP) and its requirements. It is being sent to construction companies to inform them of the need to obtain permit coverage for sites disturbing one acre or more. The brochure contains a summary of the major provisions of the CGP, including areas of coverage, using EPA's new electronic notice of intent system for obtaining permit coverage, developing a stormwater pollution prevention plan, and more.
August 06, 2004
- Resource List for Stormwater Management Programs [PDF - 6 pp] - Resources to help stormwater program managers start developing or improve their stormwater programs. This list is divided into six sections: general stormwater information, public education and outreach, illicit discharge detection and elimination, construction site runoff control, post-construction site runoff control, and pollution prevention/good housekeeping.
July 16, 2004
- Local Limits Development Guidance [PDF - 134 pp] and Appendices [PDF - 128 pp] - The final Technically-Based Local Limits Guidance Manual for municipalities that operate pretreatment programs is now available. This manual provides guidance to municipalities on the development and implementation of local controls for discharges of industrial or commercial wastes to sewage treatment facilities.
April 30, 2004
- Getting in Step with Phase II: A Workshop for Stormwater Program Managers - EPA is sponsoring eight workshops that will provide state and local stormwater program managers with innovative tools and real-world examples that can be used to address the six minimum control measures called for by the NPDES Permit Program Phase II requirements. The workshops will include lively group exercises and many opportunities for discussion.
April 16, 2004
- Guidance on the Ninth Circuit Court Decision for MS4s [PDF Format] - This memo provides interim guidance on implementing the Stormwater Phase II program for Municipal Separate Storm Sewer Systems (MS4s) in light of the recent decision by the U.S. Court of Appeals for the Ninth Circuit (Environmental Defense Center, et. al. v. EPA, September 15, 2003). The guidance covers several issues related to the implementation of the MS4 program, including public availability of NOIs, opportunities for public hearings, and review of NOIs by permitting authorities.
March 01, 2004
- View NPDES General Permits - EPA is gathering PDF copies of NPDES general permits and fact sheets for major facilities issued after Novemeber 1, 2002. Use this web page to search and view general permits issued by permit category, state, permit title, or permit number.
January 21, 2004
- Stormwater Program Questions and Answers [PDF Format] - Contains numerous questions and answers about the stormwater program. General stormwater questions address items such as best management practices, TMDLs, endangered species, and individual versus general permits. Construction questions cover who's regulated, stormwater pollution prevention plans, stabilization, and waivers. Municipal Separate Storm Sewer System (MS4) and Industrial questions and answers will be available in Spring 2004.
January 08, 2004
January 12, 2004
- NPDES Permit Writers' Guidance Manual and Example NPDES Permit for Concentrated Animal Feeding Operations [PDF Format] - Provides information to NPDES permitting authorities, owners and operators of animal feeding operations, and the general public on how to implement the Clean Water Act CAFO regulations, including: 1) information to help permitting authorities ensure that NPDES permits conform to the CAFO regulations and 2) general information on Clean Water Act and NPDES requirements that EPA will consider when reviewing the adequacy of State NPDES permits for CAFOs. This Supplement of CAFO Questions and Answers [PDF Format] has information regarding implementation of the Clean Water Act NPDES and ELG regulations for CAFOs.
December 29, 2003
- Permitting Implementation Guidance [PDF Format] - Describes EPA's recommended steps and ideas for watershed-based permitting implementation under the NPDES permit program. This approach, aimed at achieving new efficiencies and environmental results, provides a process for considering all stressors within a hydrologically defined drainage basin or other geographic area, rather than addressing individual pollutant sources on a discharge-by-discharge basis.
November 25, 2003
- Electronic Notice of Intent (eNOI) - EPA just announced this new electronic stormwater water permit application system, also known as eNOI, which allows construction operators to quickly obtain permit coverage under EPA's Stormwater Construction General Permit.
November 14, 2003
- The Producers' Compliance Guide for CAFOs - Describes EPA's regulations for concentrated animal feeding operations (CAFOs). The Producers' Guide includes sections that describe EPA's CAFO regulations, who they affect, what they require, and what assistance is available. If you own or operate a CAFO, you can use this guide to figure out what you need to do to comply with the CAFO regulations.
November 04, 2003
- EPA Issues Draft Policy on Blending at Sewage Treatment Facilities for Public Comment - EPA has issued this draft policy to establish consistent national guidelines on the practice of blending that is used by municipal sewage treatment facilities to manage high flows associated with storm events. Already widely used, blending is a technique to manage high flows that could damage sensitive parts of the sewage treatment system or could lead to overflows of raw sewage into local waterways. The draft policy outlines safeguards and requirements to be followed during blending and restates the requirement that all discharges must continue to meet Clean Water Act permit limits. The public comment period ended on January 9, 2004.
February 05, 2003
- Waters of the U.S. Jurisdiction: ANPRM and Guidance - On January 10, 2003, the U.S. Army Corps of Engineers and EPA issued an advance notice of proposed rulemaking (ANPRM) in order to obtain early comment on issues associated with the scope of waters that are subject to the Clean Water Act (CWA) in light of the U.S. Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC). Comments in response to the ANPRM were due by March 3rd, 2003. This decision has implications for many CWA programs, including Section 404, Section 402 (NPDES), and others. The ANPRM also contains a copy of a January 10, 2003, EPA and Corps joint memorandum that provides clarifying guidance on these issues.
April 01, 2003
- Watershed-based NPDES Permitting Case Studies have arrived! - EPA has developed a series of fact sheets to highlight existing examples of watershed-based NPDES permitting throughout the country. The information contained in the fact sheets provides the context for watershed-based NPDES permitting and gives details about how the approach is used in each watershed.
February 01, 2003
- EPA Construction General Permit (CGP) - The CGP for large construction (disturbing five or more acres) for Regions 1, 2, 3, 5, 7, 8, 9, and 10 expired on February 17, 2003. EPA is in the process of developing a new permit and expects that it will be finalized in May 2003. In the interim, large construction activities are encouraged to utilize the existing Notice of Intent (NOI) form [PDF Format] and submit it to EPA (complete instructions are included in the form). Large construction activities are also encouraged to comply with the permit conditions of the expired CGP and develop Storm Water Pollution Prevention Plans and implement erosion and sedimentation controls (best management practices) on their sites. The Office of Enforcement and Compliance Assurance has made enforcement for lack of permit coverage a low priority until the new CGP is finalized.
September 03, 2003
- EPA Denies Petition Related to Ballast Water - EPA has denied a petition submitted by a number of environmental groups and other interested parties that sought to repeal provisions of EPA's regulations that cover certain discharges from vessels, including the discharge of ballast water. EPA has denied the petition for a variety
of reasons, particularly because of the wide variety of regulatory and non-regulatory actions currently being taken by other federal agencies to address the potential introduction of invasive species from discharges of ballast water. For more information, please see EPA's decision and supporting documents.
August 25, 2003
- Draft Watershed-Based NPDES Permitting Implementation Guidance is Available for Comment [PDF Format] - Describes the concept of and the process for watershed-based permitting under the NPDES permit program. Watershed-based NPDES permitting is an approach to developing NPDES permits for multiple point sources located within a defined geographic area (i.e., watershed boundaries). This approach, aimed at achieving new efficiencies and environmental results, provides a process for considering all stressors within a hydrologically defined drainage basin or other geographic area, rather than addressing individual pollutant sources on a discharge-by-discharge basis. The public comment period [PDF Format] on this draft guidance closed September 24, 2003.
July 17, 2003
- Charge to the NPDES/Pesticides Work Group - Signed July 11, 2003 by G. Tracy Mehan, III, Assistant Administrator for Water and Stephen Johnson, Assistant Administrator for Prevention, Pesticides and Toxic Substances that directed an EPA workgroup to compare the risk management/risk mitigation measures that have been adopted as a result of the FIFRA label relative to actions that would be required as a result of an NPDES permit. It also directed the group to identify any recommendations that could be made under either FIFRA/FQPA (Food Quality Protection Act) or CWA that would assist in better coordination, integration, and increased efficiencies between the programs and continued protection of the aquatic environment. These could include modifications in the pesticide registration process or changes in the approach to risk management under the CWA and/or FIFRA.
July 15, 2003
- Interim Statement and Guidance on Application of Pesticides to Waters of the US in Compliance with FIFRA - Addresses 2 sets of circumstances for which EPA believes that the application of a pesticide to waters of the US consistent with all relevant requirements of FIFRA does not constitute the discharge of a pollutant that requires a NPDES permit under the CWA: (1) The application of pesticides directly to waters of the US in order to control pests (e.g. mosquito larvae or aquatic weeds that are present in the water) and (2) the application of pesticides to control pests that are present over waters of the US that result in a portion of the pesticide being deposited to water bodies (e.g when insecticides are aerially applied to a forest canopy where water may be present below the canopy or when insecticides are applied over water for control of adult mosquitos).
July 01, 2003
- 2003 Construction General Permit - EPA reissued its NPDES general permit for storm water discharges associated with construction activity. This permit is effective for 5 years and is available everywhere EPA is the NPDES permitting authority, except EPA Region 4. The permit provides coverage for large (>5 acres disturbed) and small (1-5 acres disturbed) construction activities, the latter being added as a result of the Phase II Storm Water Rule, promulgated on December 8, 1999. Copies of the permit and permit fact sheet, federal register announcement, background information, and procedures on how to comply with the permit are included.
April 01, 2003
- April is Stormwater Month! - A CD-based outreach kit to help communities implement the new requirements of the Phase II NPDES stormwater regulations. The kit includes a wide variety of materials for homeowners, construction site operators, children, and businesses. Local officials can use the Stormwater Month CD to customize these materials with their agency's name, address, and phone number so that citizens will know where to turn for more information.
March 07, 2003
- Postponement of the NPDES Storm Water Permit Deadline for Oil and Gas Construction Activity Disturbing 1 to 5 Acres of Land - On March 5, 2003, the Administrator signed the final rule that postpones until March 10, 2005, the NPDES storm water permit deadline for oil and gas construction activity disturbing 1 to 5 acres of land. The NPDES storm water regulations (Phase II), finalized on December 8, 1999, include coverage for such facilities. At that time, EPA believed that few of these facilities would be affected by the rule. Since that time, EPA has become aware that as many as 30,000 facilities could be affected. During the two-year postponement, EPA will analyze and evaluate this information and its potential impact.
February 13, 2003
- February is Wastewater Month! - Materials provided will assist communities in raising awareness of important wastewater issues. Local officials will find space on many of the materials to insert local contact information so citizens will know where to turn for more information.
February 10, 2002
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