WisconsinAquaculture.com - 062310 - Proposed EPA Amendment to Impact NPDES Program
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062310 - Proposed EPA Amendment to Impact NPDES Program

The Environmental Protection Agency (EPA) is proposing minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, only ``sufficiently sensitive' analytical test methods can be used when completing an NPDES permit application and when performing sampling and analysis pursuant to monitoring requirements in an NPDES permit.
This proposal is based on requirements in the CWA and existing EPA regulations. It also would codify existing EPA guidance on the use of ``sufficiently sensitive' analytical methods with respect to measurement of mercury and extend the approach outlined in that guidance to the NPDES program more generally. Specifically, EPA is proposing to clarify the existing NPDES application, compliance monitoring, and analytical methods regulations. The amendments in this proposed rulemaking affect only chemical-specific methods; they do not apply to the Whole Effluent Toxicity (WET) methods or their use.
Instructions for submitting comments on this change are shown below. To read the Federal Register notice in its entirety, go to Notice
______________________________________________________________ [Federal Register: June 23, 2010 (Volume 75, Number 120)][Proposed Rules] [Page 35712-35720]
From the Federal Register Online via GPO Access GPO
[DOCID:fr23jn10-36]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 122 and 136
[EPA-HQ-OW-2009-1019; FRL-9166-7]
RIN 2040-AC84
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, only ``sufficiently sensitive' analytical test methods can be used when completing an NPDES permit application and when performing sampling and analysis pursuant to monitoring requirements in an NPDES permit.
This proposal is based on requirements in the CWA and existing EPA regulations. It also would codify existing EPA guidance on the use of ``sufficiently sensitive' analytical methods with respect to measurement of mercury and extend the approach outlined in that guidance to the NPDES program more generally. Specifically, EPA is proposing to clarify the existing NPDES application, compliance monitoring, and analytical methods regulations. The amendments in this proposed rulemaking affect only chemical-specific methods; they do not apply to the Whole Effluent Toxicity (WET) methods or their use.
DATES: Comments on this action must be received or postmarked on or before midnight August 9, 2010.
ADDRESSES: You may submit comments, identified by EPA-HQ-OW-2009-1019, by any of the following methods:
Federal eRulemaking Portal: Federal. Follow the instructions for submitting comments.
E-mail: ow-docket@epa.gov. Include EPA-HQ-OW-2009-1019 in the subject line of the message.
Mail: Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, Attention: Docket ID No. EPA-HQ-OW-2009-1019.
Hand Delivery/Courier: Deliver your comments to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-OW-2009-1019. Such deliveries are accepted only during the Docket's normal hours of operation, which are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. The telephone number for the Water Docket is 202-566-2426.
INSTRUCTIONS: Direct your comments to Docket ID No. EPA-HQ-OW-2009-1019. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at Regulations, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through Regulations
or e-mail. The www.regulations.gov Web site is an ``anonymous access' system, which means EPA will not know your identify or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA might not be able to consider your comment. Avoid the use of special characters and any form of encryption, and ensure that electronic files are free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at EPA.
DOCKET: All documents in the docket are listed in the Reg Index.
Some information, however, is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is publicly available only in hard copy. Publicly available docket materials are available electronically in Regs or in hard copy at the Water Docket, EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202-566-1744, and the telephone number for the Water Docket is 202-566-2426.
FOR FURTHER INFORMATION CONTACT: For additional information, contact Kathryn Kelley, Water Permits Division, Office of Wastewater Management (4203M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-7004, e-mail address: kelley.kathryn@epa.gov.

 

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