July 14, 21, 28: 3-PART COURSE ON NPDES PERMITTING
NPDES PERMITTING COURSE FOR PERMITTEES
Gary B. Cohen
Hall & Associates
Washington, D.C.
SUMMARYDo you know your rights as a permittee and how the conditions in your NPDES permit were developed? Potentially, you can comply with the underlying statutory/regulatory standard and be subject to less stringent/costly requirements. Correcting the permit in the future may not be an option. Furthermore, a permittee generally cannot first raise concerns about the appropriateness of the permit in enforcement actions.
JULY 14 • PART 1
The Importance of Being Proactive in NPDES Permitting
- Welcome and Introduction – NPDES Program Objectives
- NPDES Permit Overview
- Role of State vs. EPA/ Federal Law vs State Law
- Procedures – Draft Permit and Fact Sheet
- Opportunities for Permittee to be Proactive
- Anti-Backsliding
- Enforcement Implications
- EPA, State and/or Citizen Suit
- Defenses
- Coronavirus Implications
JULY 21 • PART II
Imposition of NPDES Permit Effluent Limitations - Basis & Background for NPDES Permit Limits
- TBELs
- WQBELs
- Anti-degradation
- Water Quality-Based Effluent Limits
- Background
- EPA’s Technical Support Document (“TSD”)
- Assumptions
- Evaluating Parameters for WQBEL Determination
- Water quality criteria
- Critical flows and Dilution Factors
- Ambient Conditions
- Other Considerations
- Steady State
- Drifting Organism
- Probabilistic Modeling
- Conversion to Permit Limits
- Statistical Evaluations
- Setting Effluent Limits
- Total Maximum Daily Loads (TMDLs) and § 303(d) Listed Non-Attainment Waterbodies
- Effect on Permit/Consistent with TMDL
JULY 28 • PART III
Nutrients and Wet Weather Issues - Wet Weather Issues
- Sanitary Sewer Overflows (“SSO”)
- Blending vs. Bypass
- Combined Sewer Overflows (“CSO”)
- Municipal Separate Storm Sewer System (“MS4”) Permitting
- Permitting Issues Associated with Nutrients
- Existing Water Quality Standards
- Interpreting Narrative Standards
- Assumptions and Causation
- Site-Specific Data
- Science Advisory Board Recommendations