View Rule

Printer-Friendly Version Download RIN Data in XML

EPA/WATER

RIN: 2040-AF17

Publication ID: Fall 2010

Title: National Pollutant Discharge Elimination System (NPDES) Permit Regulations for New Dischargers and the Appropriate Use of Offsets With Regard to Water Quality Permitting
Abstract: This rulemaking may consider how to best clarify EPA's approach to permitting new dischargers in order to ensure the protection of water quality under Clean Water Act section 301(b)(1)(C). The rulemaking may examine options to address the appropriate and permissible use of offsets, which ensures that NPDES permits are protective of water quality standards. The rulemaking may also examine options for addressing new dischargers in impaired waters, both when a TMDL is in place and prior to TMDL issuance.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 122.4(i)
Legal Authority: 33 USC 1361 33 USC 1311(b)(1)(C)

Legal Deadline: None

Statement of Need: The EPA is initiating a rulemaking to consider clarifying the EPA's interpretation of 40 CFR section 122.4(i) and addressing the adverse Ninth Circuit decision in Friends of Pinto Creek v. EPA (2007), which created uncertainty regarding the permitting of new dischargers. Through this rulemaking, EPA will consider how to best ensure that the requirements at 40 CFR 122.4(i) and/or related regulations pertaining to the permitting of new dischargers are consistent with Clean Water Act (CWA) requirements.

Summary of the Legal Basis: Clean Water Act (CWA) section 301(b)(1)(C) requires permits to include limitation as stringent as necessary to meet water quality standards. The Federal regulations at 40 CFR 122.4(i) implements that requirement for new dischargers.

Alternatives: TBD

Anticipated Costs and Benefits: TBD

Risks: TBD

Timetable:

Action	Date	FR Cite
NPRM	04/00/2011
Final Action	01/00/2012

Additional Information: SAN No. 5240
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Undetermined
Small Entities Affected: No	Federalism: Undetermined
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Sara Hilbrich Environmental Protection Agency Water 4203M, Washington, DC 20460 Phone:202 564-0441 Email: Hilbrich.Sara@epamail.epa.gov Michelle Schutz Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:703 603-8708 Email: schutz.michelle@epa.gov