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EPA/WATER RIN: 2040-AF07 Publication ID: Spring 2009 
Title: ●NPDES Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula 
Abstract: The final rulemaking withdraws the NPDES Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula (Permit Fee Rule). The Permit Fee Rule was published in the Federal Register on September 10, 2008, and allowed EPA to allot an amount not to exceed 3 percent of the FY 2008 State allotment (approximately $5.1 million) as a financial incentive for States that utilize adequate fee programs to support authorized NPDES permit program activities. The purpose of the Permit Fee Rule was to encourage States to voluntarily collect NPDES permit fees by providing an incentive for States to move toward greater sustainability in the way they manage and budget for environmental programs and to shift part of the financial burden to those who benefit from NPDES permits. However, States’ concern with the rule and ongoing congressional opposition to EPA creating an incentive pool with section 106 funds has caused the Agency to reconsider this approach. Therefore, EPA withdrew the Permit Fee Rule but will continue to encourage States to establish and expand their permit fee programs. The growing complexity of water quality issues has prompted more States to implement NPDES permit fee programs. An estimated 42 States currently have permit fee programs in place with such fees paying for all or a portion of the cost of a State’s permit program. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 35.162(e)   
Legal Authority: CWA 106   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/04/2007  72 FR 293   
Final Action  09/10/2008  73 FR 52585   
Withdrawal of Final Action  04/15/2009  74 FR 17403   
Additional Information: SAN No. 5243; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-04/w22549.htm; Final Action-http://www.epa.gov/fedrgstr/EPA-WATER/2008/September/Day-10/w21046.htm; Withdrawal of Final Action - http://www.epa.gov/fedrgstr/EPA-WATER/2009/April/Day-15/w8644.pdf; EPA Docket information: EPA-HQ-OW-2006-0765
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 2040-AE99 
Agency Contact:
Ben Hamm
Environmental Protection Agency
Water
4201M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-0648
Fax:202 501-2399
Email: hamm.ben@epamail.epa.gov

Robyn Delehanty
Environmental Protection Agency
Water
4201M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-3880
Email: delehanty.robyn@epamail.epa.gov