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EPANonrulemakingEPA-HQ-OW-2018-0063

Clean Water Act Coverage of “Discharges of Pollutants” via a Direct Hydrologic Connection to Surface Water

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National Rural Electric Cooperative Association filings
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National Rural Electric Cooperative Association filed 1 comment on this docket between May 23, 2018 and May 23, 2018. 112 other organizations filed here. The comment window closed 2990d ago.

What National Rural Electric Cooperative Association filed (1)

May 23, 2018· Comment submitted by Dorothy Allen Kellogg, Sr. Principal, Environmental Policy, National Rural Electric Cooperative Association (NRECA)· EPA-HQ-OW-2018-0063-0467

NRECA believes the core statutory question raised by EPA's notice is not whether pollutants released to groundwater are controlled, but how such releases are controlled. As described in our written comments and in the referenced UWAG and USWAG comments, NRECA firmly believes that such discharges can be and are appropriately controlled through existing federal and state statutes and programs explicitly designed to protect groundwater. We further believe the language of the CWA and its legislative history, previous Agency statements, and case law bolster this conclusion. As a result, there is no need for EPA to try and jury-rig the CWA to address a concern more appropriately and effectively addressed through other means. NRECA urges EPA to issue a clear statement that the introduction of pollutants into groundwater by any source, without regard to the potential for such pollutants to reach navigable waters, does not require an NPDES permit. EPA should then initiate notice-and-comment rulemaking to exclude from NPDES permitting the introduction of pollutants into groundwater by any source, without regard to the potential for such pollutants to reach navigable waters.

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Abstract

EPA is requesting comment on the Agency’s previous statements regarding the Clean Water Act that pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow that has a direct hydrologic connection to the jurisdictional surface water may be subject to CWA regulation.

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