EPA Extends Comment Period on NPDES Regulations

EPA Extends Comment Period on Proposal of Minor Revisions to NPDES Regulations

18 May, 2016 EPA published a proposed rule, proposing to change various application, permitting, monitoring, and reporting requirements in the National Pollution Discharge Elimination System (NPDES) regulations, which they have deemed obsolete or outdated. On 27 July, 2016 EPA extended the comment period to 2 August, 2016.

The proposed changes would affect 40 CFR 122, 123, and 124. The changes will cover 15 topics grouped into major categories of changes:

• Permit application requirements;
• the water quality-based permitting process;
• permit objection, documentation, and process efficiencies;
• vessels exclusion;
• and the CWA section 401 certification process.

One possibly important change proposed is the revision of the existing definition of Whole Effluent Toxicity (WET) found in 40 CFR 122.2. The existing definition states that WET is “the aggregate toxic effect of an effluent measured directly by a toxicity test.” The proposed clarified definition would specify that toxicity can include both acute and chronic effects. According to EPA, this clarification would be consistent with its interpretation of existing WET regulations.

EPA must receive comments on these rule changes on or before 2 August, 2016. Comments can be submitted via web referencing Docket ID No. EPA-HQ-OW-2016-0145 and Docket ID No. EPA-HQ-OW-2016-0146 at http://www.regulations.gov.

Sources :

EPA Extends Comment Period on Proposal of Minor Revisions to NPDES Regulations, 81 FR 41507 (2016). 

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