Tag: NPDES

stormwater discharge

NPDES Permitting Now Required for Some California Business Licenses

As of January 1, 2020, certain industrial facilities in California must provide the cities or counties in which they are located with proof that they are enrolled in the National Pollutant Discharge Elimination System (NPDES) governing stormwater discharges before they can obtain or renew a business license. The cities/counties must then confirm on the business […]

EPA Updates Water Quality Trading Policy

In February 2019, the EPA’s assistant administrator for water issued a memo updating the Agency’s water quality trading policy “to promote market-based mechanisms.” The memo includes six principles intended to clarify aspects of the federal water quality trading program, provide tools and incentives to states and local governments to implement trading programs, and promote increased […]

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 […]