When you face changes to your facility's discharge limits during a permit renewal, the first reaction should not necessarily be to reach for the checkbook.
New discharge permits, especially those that change the quantity and/or concentration of contaminants that may be discharged, may sometimes lead facilities to consider additional treatment systems or operational changes to meet the new standards. But plant upgrades are not the automatic solution. Taking a proactive approach to the application and draft permit review processes, and negotiating appropriate limits with the regulatory agency, could save significant time and money later on. The list below highlights some of the strategies facility managers can use to maintain compliance in a cost-effective manner.
Work Closely with Regulators
Start a dialog with regulators early and communicate often. Remember, negotiating changes to a draft permit is easier than trying to alter a permit once it is in place.
Review the Existing Permit
Review the plant's existing permit against current facility operations before beginning the process of obtaining a new permit. It is also important to ensure waste stream representations are accurate and identify potential compliance challenges.
Monitor the Permit Changes of Nearby Facilities
Review the changes in permits of other nearby facilities to better anticipate what new permit levels might be required of you. Knowing in advance if a receiving body has been reclassified or if new water quality-based limits are being imposed will help you plan for changes.
Evaluate Facility-Specific Conditions
Make sure the conditions in a draft permit are clear and appropriate to prevent being held accountable for conditions that may be overly stringent, vague, or difficult to measure. Pay particular attention to the exact wording used. For example, a condition requiring that a facility prevent "all" product fines from blowing into an adjacent receiving stream may be unrealistic, even with the implementation of best management practices.
Consider the Newly Enacted Effluent Trading Rules
The U.S. Environmental Protection Agency recently approved voluntary programs that allow point sources regulated by National Pollutant Discharge Elimination System (NPDES) permits to exchange discharge credits with other point sources and with non-point sources to meet the limits imposed by the permits. A number of states have instituted watershed-based trading frameworks that allow for trading of regulated effluent constituents, primarily nutrient and thermal pollutants. You could potentially benefit by being either a buyer or seller of credits.
Examine Monitoring Frequencies
Consider whether reduced monitoring frequencies are desired and appropriate, especially if a facility has low environmental risk factors and a sound compliance record. Reducing the monitoring schedule from weekly to monthly, or monthly to quarterly, can lead to significant testing and reporting savings.
Check Draft Permits
Examine the draft permit closely to prevent unclear, boilerplate, or outdated language and work to remove it. Also, perform your own sampling for issues of concern. The regulatory agency may use assumed values when calculating limits; testing to determine actual local conditions may affect the limits.
Ensure Realistic Schedules
If the new permit requires manufacturing process changes or treatment technology changes, make sure that the compliance schedule is realistic. Try to obtain a cushion to accommodate unforeseen events. Keep the regulatory agency updated on progress against the schedule.
Though each permit is unique, plant operators should examine the facility's constraints and the reasons behind the regulatory agency's limits to determine what requirements may be flexible.
Regulatory agencies in some areas, especially water- scarce regions, may be less willing to allow flexibility in new permit limits. In those cases, technologies such as membrane or water reuse systems may provide alternative methods to achieve discharge limits.