Compliance schedules are regularly used to allow dischargers more time to meet NPDES permit limits. Perhaps a new treatment system has to be built, or time is needed to sample the background water quality, in order calculate new permit limits. The coal industry has had a tough time coming up with treatment for selenium, and therefore the DEP has issued compliance schedules effectively relieving the mines of the need to comply with selenium limits while they are installing additional treatment.
EPA has recently begun challenging the DEP's practice of extending compliance schedules, claiming that the mines are using the compliance schedules to forestall selenium treatment. Here is one of the letters EPA recently sent objecting to the extension of a compliance schedule. Environmental groups are filing lawsuits alleging that the extended compliance schedules are illegal, or that the mines are operating without extended schedules. Meanwhile, the DEP has also filed suit against certain mining operations, alleging that they are not meeting selenium standards set in their permits. Ken Ward has more details here.
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