MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule
		EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)	

FROM:		Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph: (202) 566 1014
            johnston.carey@epa.gov

DATE:		30 June 2014

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SUBJECT:	Notes from State Technical Workgroup Meeting (26 June 2014) [DCN 0142]
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Overview 

      This was the fifteenth meeting for the EPA-state technical workgroup, which is discussing key issues related to the proposed NPDES Electronic Reporting Rule (eRule). These discussions are informing the forthcoming supplemental Federal Register notice and they will continue beyond the publication of the supplemental notice to help EPA address state comments. EPA participants will include the OECA eRule Team as well as representatives from EPA's Office of Water and Office of Environmental Information. Technical workgroup members are listed below in Tables 1 and 2. The agenda for this meeting is also provided below. EPA is summarizing the notes from these discussions for the docket in order to provide transparency on EPA's outreach during the rulemaking process. The OECA eRule team will also be available for any other stakeholder group that would like to discuss the eRule. 
      
Meeting Notes
      
     EPA (Mr. Carey Johnston) started the meeting by reminding state participants that in addition to raising questions during the technical workgroup meetings, states can email their questions on the proposed rule (including the data elements) to EPA. Questions on all aspects of the proposed rule can be sent to Mr. Johnston. Mr. Johnston then asked if there were any comments on the notes from the four previous meetings (5/22, 5/29, 6/5, 6/12) that he sent to the workgroup in a June 18th email. There were no comments. Mr. Johnston noted that workgroup member can still send comments on these meeting notes to him by e-mail. He also noted that EPA sent state workgroup members a June 19th email with a spreadsheet showing the different Appendix A data elements and how they match up against the current configuration of ICIS-NPDES. See the worksheet titled: "Data Elements (ICIS-NPDES)". He asked if there were any questions on how to interpret this spreadsheet. 
     
     Mr. Johnston then asked teleconference participants to focus on the thermal variance data elements [CWA 316(a)] and cooling water intake data elements [CWA 316(b)]. The source of these data elements are NPDES permit applications and Notices of Intent (NOI) (see 30 July 2013; 78 FR 46098-461000). 
     
     Section 316(b) of the Clean Water Act requires EPA to issue regulations on the design and operation of intake structures, in order to minimize adverse environmental impacts. EPA promulgated regulations in 2001, 2003, 2006 and 2014. The requirements are included in the NPDES permit regulations, 40 CFR Parts 122 and 125 (Subparts I, J, and N). CWA Section 316(a) authorizes the permitting authority (either the authorized state or EPA) to impose alternative, less stringent effluent limits for the control of the thermal component of a discharge in lieu of the effluent limits that would otherwise be required under CWA §301 or §306. A variance allows facilities to discharge cooling water at an alternative, less stringent thermal effluent limit that is still protective of aquatic life. To obtain a CWA §316(a) thermal variance, the operator of a facility must demonstrate to the permitting authority that an alternative thermal discharge limit will be protective of the balanced, indigenous population of shellfish, fish, and wildlife. This alternative effluent limit, or variance, is only in effect for the duration of the permit.
     
     Mr. Johnston started the technical discussion by reading the name of each cooling water intake data element along with the corresponding data description and regulatory or policy citation. After reading about five to ten elements at a time, Mr. Johnston asked for input from the technical workgroup. Below are some questions and comments from the technical workgroup.
     
* Washington state noted that many of the cooling water intake data elements appear to be based on EPA's previous rulemaking that relied on NPDES permit writers best professional judgment (BPJ). He noted that OECA should revised these data elements to match the recently signed CWA 316(b) rulemaking. 
   
* Mr. Johnston asked Mr. Tom Born to provide an update on the recently signed CWA 316(b) rulemaking. Mr. Born noted that the rule was signed by the EPA Administrator on 19 May 2014 and is currently being prepared for publication. Mr. Born expects that the signed rule will be published in the middle of August with an effective data 60 days after publication.

* New York noted that they collect additional data during the NPDES permit term and not through the NPDES permit issuance process. Mr. Johnston noted that OECA worked with OW to identify the cooling water intake data elements that are submitted by NPDES permit applicants to their permitting authority. 

* Washington state noted that EPA's NPDES permit application forms need to be updated to reflect the CWA 316(b) regulations.
   
* Indiana (Mr. Tom Easterly) asked how these cooling water intake data elements will affect the 90% threshold calculation for the proposed State Readiness Criteria. Mr. Johnston noted that these data will be generated by states and as they will likely all be coming from individual NPDES permit applications. Consequently, these state generated data do not factor into the 90% threshold calculation, which instead applies to the percentage of NPDES regulated entities that are utilizing electronic reporting. 

* Mr. Johnston also noted that NPDES regulated entities can collect these data from NPDES regulated entities via spreadsheets or electronic reporting tools that do not need to be CROMERR compliant (as the paper copy of the NPDES application form is the copy of record). Mr. Easterly asked if EPA can make an electronic reporting tools available to states. Mr. Johnston replied that EPA is planning on making the NPDES Electronic Reporting Tool (NeT) available to states and that this tool can be used to electronically report data from individual NPDES permit applications.

* Washington state noted that EPA's previous rulemaking, 40 CFR 125.90(b), requires the NPDES regulated entity to submit very specific data to the NPDES permit writer so that they permit writer can use best professional judgment to establish the best technology available for minimizing adverse environmental impact associated with the use of cooling water intake structures. Washington state noted that the 316(b) rulemaking signed on May 19th will reduce the need for NPDES regulated entity to submit very specific data to the NPDES permit writer as most NPDES permit writers will instead be using EPA's new regulation. 

* Mr. Easterly asked for additional clarity on the Percentage of Mean Annual Flow Withdrawn  -  Fresh Water Facilities data element. Mr. Johnston provided the following example. If the mean annual flow of the source water body was 100 million gallons per day and the design intake flow for the entire facility was 1 million gallons per day, then the NPDES regulated entity would report 1%.

* ACWA (Mr. Sean Rolland) asked how EPA will communicate changes to states on Appendix A after publication of the supplemental notice. Mr. Johnston stated that these discussions will continue beyond the publication of the supplemental notice to help EPA address state comments. He noted that EPA plans on using these technical exchanges to discuss potential changes to data elements. 

* Oklahoma (Mr. David Pruitt) stated that they hope that a number of data elements are removed from Appendix A. He noted that they see a fair amount of burden associated with collecting these data. He noted that they would also like to see a longer time period for implementation of the rule. 
   
     Mr. Johnston then read off the names of the thermal variance data elements (Part 46100). Mr. Johnston asked for input from the technical workgroup. Below are some questions and comments from the technical workgroup.
   
   
* Mr. Easterly noted that some of the thermal variances granted by Indiana are really old. He asked for EPA to clarify whether the Thermal Variance Date data element tracks the date the first variance was granted or the most recent. He noted that Indiana grants these variances upon permit re-issuance. Mr. Johnston noted that this data element tracks each thermal variance issuance and that OECA will update Appendix A to make this clear.

* Tennessee noted that there are a number of required studies and reports that the NPDES permittee must submit to them in order to continue a thermal variance. He asked if the permit issuance data could be used to indicate when these reports were submitted by the permittee to Tennessee. Mr. Johnston stated that this would be appropriate as this data element is meant to track whether states are receiving the necessary reports to support each thermal variance for each NPDES permit issuance or renewal.

Mr. Johnston took a poll of the participants on when they can hold their next meeting. The group agreed to hold their next meeting on Thursday, July 10th at 1PM (Eastern) to finish the discussion on pretreatment data elements.

Next Steps
      
      The next technical workgroup meeting is July 10th. 
      

      State Technical Workgroup Meeting  -  NPDES Electronic Reporting Rule
                                 26 June 2014
                                    Agenda



      1pm		Introduction/Roll Call 

      1:10	Discussion of thermal variance data elements [CWA 316(a)] and cooling water intake data elements [CWA 316(b)]

      1:45		End of Call
      
      
Quick Reminder
   *    The technical workgroup is not a formal decision-making body. The workgroup is expected to develop, research, and evaluate options for consideration by EPA and state senior management.
   
   *    There are no formal quorum rules for the workgroup. Scheduled teleconferences will proceed with whichever workgroup members call in to participate.

   *    There will be no formal voting or consensus of the workgroup. Instead, the workgroup is expected to try to develop recommendations reflecting their various perspectives, not achieve consensus.

   *    Summaries of the workgroup's discussions will be prepared for and reviewed by the workgroup, for presentation to EPA senior management and other states and the rulemaking record. The discussions summaries will outline the major elements of the discussions, areas of agreement and any dissenting views.


Table 1: State Technical Workgroup Members

                                 Main Contact
                             State or Organization
                              Main Contact Email
                         State/Org. Present? (Yes/No)
                                 Sean  Rolland
                                     ACWA
                             srolland@acwa-us.org
                                      Yes
                                 Karen Lechner
                                      AK
                           karen.lechner@alaska.gov
                                      No
                                 Christy Monk
                                      AL
                             cvm@adem.state.al.us
                                      Yes
                                 Eric Cleckler
                                       
                          ecleckler@adem.state.al.us
                                       
                                  Glenda Dean
                                       
                             gld@adem.state.al.us
                                       
                                 Teresa Marks
                                      AR
                            marks@adeq.state.ar.us
                                      Yes
                                   Pat Goff
                                       
                             goff@adeq.state.ar.us
                                       
                                   Mo Shafii
                                       
                            shafii@adeq.state.ar.us
                                       
                                 Karen Bassett
                                       
                           bassett@adeq.state.ar.us
                                       
                                 David Ramsey
                                       
                            ramsey@adeq.state.ar.us
                                       
                                Ellen Carpenter
                                       
                          carpenter@adeq.state.ar.us
                                       
                                Wendy LeStarge
                                      AZ
                           lestarge.wendy@azdeq.gov
                                      Yes
                                 Robin Belley
                                       
                            belley.robin@azdeq.gov
                                       
                                  David Lelsz
                                       
                            lelsz.david@azdeq.gov;
                                       
                                  Andy Putnam
                                      CO
                           andrew.putnam@state.co.us
                             goff@adeq.state.ar.us
                                      Yes
                                 Elisa Willard
                                       
                           elisa.willard@state.co.us
                                       
                                 Bob Zimmerman
                                      DE
                         robert.zimmerman@state.de.us
                          stephanie.bower@state.de.us
                                      No
                                  Beth Graves
                                     ECOS
                               bgraves@ecos.org
                                      No
                                  Chris Klena
                                      FL
                         chris.m.klena@dep.state.fl.us
                                      Yes
                              Jessica Kleinfelter
                                       
                      jessica.kleinfelter@dep.state.fl.us
                                       
                                 Edward Smith
                                       
                        edward.c.smith@dep.state.fl.us
                                       
                               Frances Carpenter
                                       
                       frances.carpenter@dnr.state.ga.us
                                       
                               Frances Carpenter
                                      GA
                       frances.carpenter@dnr.state.ga.us
                                      Yes
                                 Tom Easterly
                                      IN
                             teasterl@idem.in.gov
                              ckoontz@idem.in.gov
                                      Yes
                               Jeremy Chenevert
                                       
                             jcheneve@idem.in.gov
                                       
                                 Mark Stanifer
                                       
                             mstanife@idem.in.gov
                                       
                               Courtney Cswercko
                                      IA
                        courtney.cswercko@dnr.iowa.gov
                                      No
                                 Ed Dillingham
                                      KS
                            edillingham@kdheks.gov
                                      No
                                 Steve Caspers
                                       
                              scaspers@kdheks.gov
                                       
                             Shelly Shores-Miller
                                       
                              sshoresm@kdheks.gov
                                       
                                Shawn Hokanson
                                      KY
                             shawn.hokanson@ky.gov
                                      No
                                  Grace Scott
                                      MI
                              scottg@michigan.gov
                                      No
                                Carla Davidson
                                       
                            davidsonc@michigan.gov
                                       
                                 Ruth Wallace
                                      MO
                            ruth.wallace@dnr.mo.gov
                                      No
                                  Walter Fett
                                       
                            walter.fett@dnr.mo.gov
                                       
                              Christopher Miller
                                       
                            epermitting@dnr.mo.gov
                                       
                                  Tamara Dahl
                                      MN
                            tamara.dahl@state.mn.us
                                      Yes
                                 Paul Scheirer
                                       
                           paul.scheirer@state.mn.us
                                       
                                  John Murphy
                                    NEIWPCC
                              jmurphy@neiwpcc.org
                                      No
                                 Jason Lonardo
                                      NJ
                         jason.lonardo@dep.state.nj.us
                                      Yes
                                 Julio Collazo
                                       
                         julio.collazo@dep.state.nj.us
                                       
                                 Robert Wither
                                      NY
                          rewither@gw.dec.state.ny.us
                                      Yes
                                 Joseph DiMura
                                       
                          jxdimura@gw.dec.state.ny.us
                                       
                             Shellie Chard-McClary
                                      OK
                       shellie.chard-mcclary@deq.ok.gov
                                      Yes
                                  Roy Walker
                                       
                             roy.walker@deq.ok.gov
                                       
                                 David Pruitt
                                       
                            david.pruitt@deq.ok.gov
                                       
                                 Jim Billings
                                      OR
                         billings.jim@deq.state.or.us
                                      Yes
                                 Sean Furjanic
                                      PA
                               sefurjanic@pa.gov
                                      No
                                Kent Woodmansey
                                      SD
                          kent.woodmansey@state.sd.us
                                      Yes
                                   Tim Flor
                                       
                             tim.flor@state.sd.us
                                       
                                Albert Spangler
                                       
                          albert.spangler@state.sd.us
                                       
                               Lawrence Bunting
                                      TN
                           lawrence.bunting@TN.gov  
                                      Yes
                                 Yatasha Moore
                                       
                            yatasha.moore@tn.gov   
                                       
                                  Kim Wilson
                                      TX
                           kim.wilson@tceq.texas.gov
                                      Yes
                               Rebecca Villalba
                                       
                        rebecca.villalba@tceq.texas.gov
                                       
                                 Lynley Doyen
                                       
                          lynley.doyen@tceq.texas.gov
                                       
                               Kimberly Shepard
                                       
                        kimberly.shepard@tceq.texas.gov
                                       
                                 Jeff Studenka
                                      UT
                              jstudenka@utah.gov
                                      No
                                 Jerome Brooks
                                      VA
                        jerome.brooks@deq.virginia.gov
                                      No
                                Deborah Debiasi
                                       
                       Deborah.DeBiasi@deq.virginia.gov
                                       
                                  Phani Eturu
                                       
                         phani.eturu@deq.virginia.gov
                                       
                                Stephen Bernath
                                      WA
                              sber461@ecy.wa.gov
                                      Yes
                                  Dave Knight
                                       
                              dakn461@ecy.wa.gov
                                       
                                  Nancy Kmet
                                       
                              nkme461@ecy.wa.gov
                                       
      

Table 2: EPA Technical Workgroup Members

                                     Name
                                  EPA Office 
                                     Email
                               Present? (Yes/No)
                                   Lisa Lund
                                  OECA/OC/IO
                               lund.lisa@epa.gov
                                      No
                                John Dombrowski
                                 OECA/OC/ETDD
                            dombrowski.john@epa.gov
                                      No
                                  Andy Hudock
                                 OECA/OC/ETDD
                             hudock.andrew@epa.gov
                                      Yes
                                Rochele Kadish
                                 OECA/OC/ETDD
                            kadish.rochele@epa.gov
                                      Yes
                                Carey Johnston
                                 OECA/OC/ETDD
                            johnston.carey@epa.gov
                                      Yes
                                 Jackie Clark
                                  OW/OWM/WPD
                             clark.jackie@epa.gov
                                      Yes
                                 Jennifer Chan
                                  OW/OWM/WPD
                             chan.jennifer@epa.gov
                                      Yes
                                   Tom Born
                                  OW/OST/EAD
                               born.tom@epa.gov
                                      Yes
                                  Roy Chaudet
                                 OEI/OIC/IESD
                              chaudet.roy@epa.gov
                                      No
                                 Chuck Freeman
                                 OEI/OIC/IESD
                            freeman.charles@epa.gov
                                      Yes
                                 Aditi Prabhu
                                    OGC/WLO
                             prabhu.aditi@epa.gov
                                      No
                                 David Apanian
                                   Region 4
                             apanian.david@epa.gov
                                      Yes
                                  Glynis Hill
                                 OP/ORPM/PRAD
                              hill.glynis@epa.gov
                                      No

