Tag: NPDES

Water, groundwater

EPA Issues Interpretive Statement on CWA, NPDES, and Groundwater

In a lengthy interpretive statement, the EPA takes the position that a pollutant discharged from a point source, which reaches a water of the United States via a hydrologic connection provided by groundwater, is not subject to permitting under the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES).

CWA Discharge Dispute Headed to Supreme Court

Opposing opinions by three U.S. appeals courts (two issued by the same circuit on the same day) have led to a decision by the U.S. Supreme Court to address the core Clean Water Act (CWA) question—Is a point source discharging pollutants to navigable water via a groundwater pathway the functional equivalent of a direct discharge […]

State SPCC Data Unlikely to Result in Expanded Requirements

Fourteen states have responded to the EPA’s June 22, 2018, request to voluntarily submit information about facilities that produce, use, or store hazardous substances (HSs) designated at 40 CFR part 116 (Clean Water Act [CWA] Listed Hazardous Substances), the CWA HS they store, historical discharges of these HSs to waterways, and any state requirements relating […]

Construction machinery

EPA Proposes Clarifications for Construction General Permit

Responding to petitions for review from the National Association of Home Builders and the Chesapeake Bay Foundation, the EPA is proposing modifications to its 2017 Construction General Permit (CGP). The CGP comprises National Pollutant Discharge Elimination System (NPDES) requirements for construction site operators disturbing 1 or more acres of land or less than 1 acre […]

Water discharge

Finalization of NPDES Proposal on the Horizon

In its Fall 2018 Regulatory Agenda, the EPA announced that it plans to finalize by December 2018 a May 2016 proposal intended to update regulations governing the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES).

In Groundwater Debate, Stakeholders Take Sides

In February 2018, the EPA requested public comment on whether the Agency should continue to abide by its “previous statements” regarding whether point source pollutant discharges to groundwater are subject to regulation under the Clean Water Act (CWA) if the groundwater has a hydrologic connection to Waters of the United States (WOTUS) or waters that […]

The Challenge of Environmental E-Reporting

Not long ago, the standard practice for environmental reporting included filling out ready-made forms by pen followed by mailing or faxing the document to the respective federal or state agency. As the digital age progresses, and regulators are favoring online reporting (i.e., electronic reporting, or e-reporting), the “old-fashioned” method of using a pen and paper […]

Stormwater: Who Is a ‘Qualified’ Person?

In the world of stormwater, certain “qualified” professionals have hefty responsibilities, such as conducting facility inspections, monitoring, and developing and certifying the stormwater pollution prevention plan (SWPPP). But, what does it really mean to be a qualified professional? Often, in National Pollution Discharge Elimination System (NPDES) stormwater permits, there is language referring to a qualified […]

EPA Issues Draft Construction General Permit

Amendments issued following a March 2014 judicial settlement addressing EPA’s construction and demolition (C&D) rule have been included in the Agency’s draft National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (CGP). General permits under the Clean Water Act (CWA) are typically issued for 5 years; the current CGP is […]