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:		14 September 2015

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SUBJECT:	Notes from Technical Meeting with States (5 March 2015) [DCN 0222]
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Overview 

      This was the twentieth meeting between EPA and individual representatives from authorized NPDES programs. These meetings provided greater clarity regarding public comments on the NPDES Electronic Reporting Rule (eRule). Participants are listed below in Tables 1 and 2. EPA is summarizing the notes from these discussions for the docket in order to provide transparency on EPA's outreach during the rulemaking process (see Table 3). EPA also met with other stakeholders to discuss public comments. 
      
Meeting Notes
      
     EPA (Mr. Carey Johnston) started the meeting by reminding state participants that in addition to raising questions during these 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 also reminded everyone that this outreach does not constitute a decision-making body (see "Quick Reminder" section below).
     
     Mr. Johnston started the technical discussion by reading the name of each construction and industrial stormwater information 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 meeting participants. Below are some questions and comments from the meeting participants.
     
* Several state representatives asked for addition text to be added to the construction stormwater data elements to make clear that these data elements are to be collected and shared with EPA at the time of the permit application or modification. EPA confirmed that this is the current paper process and will continue with electronic reporting. EPA notes this final rule does not change the existing NPDES reporting requirements regarding when NPDES regulated entities must give notice to the Director of any "planned physical alterations or additions to the permitted facility." See 40 CFR 122.41(l)(1). Consequently, this final rule does not change the frequency or reporting or the criteria when NPDES regulated entities must report.
   
* Several state representatives asked for clarification on the level of precision that will be necessary for some of the data elements. EPA modified these data elements to provide clarity. For example, the data description for the "Total Area of the Site" data element is as follows: "This is an estimate of the total area of the construction site at the time of permit application (in acres). This data element is only required for individual construction stormwater permit applications. Values under 5 acres will be reported to the nearest tenth of an acre or nearest quarter acre. Authorized NPDES programs will have the discretion to choose whether permittees should report to the nearest tenth of an acre or nearest quarter acre for values under 5 acres." 

* A representative from Alaska suggested that EPA should delete the "Soil and Fill Material Description" data element in Appendix A to 40 CFR 127. In the final rule EPA retained this data element as this text field describes the nature of fill material and existing data describing soils or the quality of the discharge. More than one soil type can be described with this data element. This data field is based on pre-existing NPDES reporting requirements for individual construction stormwater permit applications [see 122.26(c)(1)(ii)(E)]. This data element aids in oversight and improved targeting of stormwater pollution (e.g., some soils are more subject to erosion and have a greater potential for causing water quality impacts).

* Several state representatives questioned if EPA would require the electronic submission of Stormwater Pollution Prevention Plans (SWPPPs). EPA noted that the rule does not require the electronic reporting of SWPPPs. 
   
* Several state representatives questioned the utility of the "Runoff Coefficient of the Site (Post-Construction)" data element. EPA retained this data element in the final rule as an estimate of the overall runoff coefficient of the site after the construction addressed in the permit application is completed. This final rule does not define or amend the term "runoff coefficient" Which is required by the existing reporting requirement at 122.26(c)(1)(ii)(E).This data field is only required for individual construction stormwater permit applications. 
   
      EPA also provided an overview of the "Hybrid Approach," which was discussed in the Supplemental Notice to the proposed rule. EPA noted that this approach can address the concerns that some states have regarding requiring construction operators to be first obtain a CROMERR-compliant digital signature before they can submit their NOI. Several state representatives noted that there might be technical issues to work out but that providing this option for this sector might be a solution for some state NPDES programs. 
      
      Following the meeting, EPA received an e-mail from an individual state government representative on the data elements reviewed in this meeting. This e-mail is provided in Attachment 1.
      
Quick Reminder
   *    The technical workgroup is not a decision-making body. Members of the workgroup provide clarity on their comments and suggest 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 voting or consensus of the workgroup. Instead, members of the workgroup are providing individual input reflecting their various perspectives.

   *    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.


Table 1: State Technical Workgroup Members - 5 March 2015

                                 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
                                      Yes
                                 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
                                      No
                                 Robin Belley
                                       
                            belley.robin@azdeq.gov
                                       
                                  David Lelsz
                                       
                            lelsz.david@azdeq.gov;
                                       
                         Darren Polhemus             
                                      CA
                         dpolhemus@waterboards.ca.gov
                                      No
                       Renee Purdy                      
                                       
                        renee.purdy@waterboards.ca.gov
                                       
                        Deborah Smith                  
                                       
                           dsmith@waterboards.ca.gov
                                       
                       Vicky Whitney                   
                                       
                          vwhitney@waterboards.ca.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
                                   Tom Tyler
                                     ECOS
                                ttyler@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
                                      GA
                       frances.carpenter@dnr.state.ga.us
                                      Yes
                                Scott Miyashiro
                                      HI
                        scott.miyashiro@doh.hawaii.gov
                                      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
                                      Yes
                                 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
                                      Yes
                                Carla Davidson
                                       
                            davidsonc@michigan.gov
                                       
                                 Ruth Wallace
                                      MO
                            ruth.wallace@dnr.mo.gov
                                      Yes
                                  Walter Fett
                                       
                            walter.fett@dnr.mo.gov
                                       
                              Christopher Miller
                                       
                            epermitting@dnr.mo.gov
                                       
                                  Tamara Dahl
                                      MN
                            tamara.dahl@state.mn.us
                                      No
                                 Paul Scheirer
                                       
                           paul.scheirer@state.mn.us
                                       
                                  John Murphy
                                    NEIWPCC
                              jmurphy@neiwpcc.org
                                      No
                        Deborah Gore                   
                                      NC
                            deborah.gore@ncdenr.gov
                                      No
                        Bradley Bennett               
                                       
                          bradley.bennett@ncdenr.gov
                                       
                                 Jason Lonardo
                                      NJ
                         jason.lonardo@dep.state.nj.us
                                      No
                                 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
                                       
                      Alan Tinney                        
                                  Dave Gaskin
                                      NV
                              atinney@ndep.nv.gov
                                      Yes
                                       
                                       
                              dgaskin@ndep.nv.gov
                                       
                    Brian Hall                             
                                      OH
                            brian.hall@epa.ohio.gov
                                      Yes
                     Erin Sherer                          
                                       
                           erin.sherer@epa.ohio.gov
                                       
                             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
                                      No
                               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
                                      Yes
                                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)
                                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
                                 Erika Farris
                                  OW/OWM/WPD
                             farris.erika@epa.gov
                                      Yes
                                  Roy Chaudet
                                 OEI/OIC/IESD
                              chaudet.roy@epa.gov
                                      No
                                 Aditi Prabhu
                                    OGC/WLO
                             prabhu.aditi@epa.gov
                                      No
                                 David Apanian
                                   Region 4
                             apanian.david@epa.gov
                                      Yes
                                  Sandra Chew
                                   Region 9
                              chew.sandra@epa.gov
                                      Yes
                                  Glynis Hill
                                 OP/ORPM/PRAD
                              hill.glynis@epa.gov
                                      No

Table 3: State Technical Workgroup Discussions to Discuss Public Comments
      
                                      DCN
                                     Date
Topic
Data Source
                                   DCN 0219
                                  02/05/2015
Basic Facility and Permit Data
Ind. Permit Applications/NOIs
                                   DCN 0220
                                  02/12/2015
Basic Violation and Enforcement Action Data 
States & Ind. Permit Applications/NOIs
                                   DCN 0221
                                  02/26/2015
Municipal Separate Storm Sewer System (MS4) Information
Ind. Permit Applications/NOIs & MS4 Program Report
                                   DCN 0222
                                  03/05/2015
Construction and Industrial Stormwater Information
Ind. Permit Applications/NOIs
                                   DCN 0223
                                  03/12/2015
CSO & Collection System Information & Sewer Overflow Data
Ind. Permit Applications/NOIs & Sewer Overflow Event Reports
                                   DCN 0224
                                  03/19/2015
Pretreatment Data
Ind. Permit Applications/NOIs & Annual POTW Pretreatment Program Reports, CIU/SIU Reports When EPA or State is Control Authority
                                   DCN 0225
                                  03/26/2015
Cooling Water and Thermal Variance Data
Ind. Permit Applications/NOIs
                                   DCN 0226
                                  04/02/2015
Biosolids Data
States & Ind. Permit Applications/NOIs & Annual Biosolids Reports
                                   DCN 0227
                                  04/09/2015
CAFO Data
Ind. Permit Applications/NOIs & Annual Biosolids Reports
                                   DCN 0228
                                  05/13/2015
Review of Appendix A
All NPDES program data
                                   DCN 0229
                                  05/27/2015
Review of State Representative Questions to EPA
All NPDES program data


    Attachment 1 - Email from Representative from Authorized NPDES Program
E-mail from Lawrence Bunting <Lawrence.Bunting@tn.gov>
Thu 4/2/2015 2:33 PM
Sorry I'm late with this response to the industrial and construction permit information.  I'm out for the next two weeks and I'm catching up on what I should have already done and sent to you.
Applications on-line may be challenging for most states.  Tracking wet-ink signatures that have to be tied back to the electronic application sounds like a problem.  Once an applicant gets even provisional coverage, there is less motivation to finish the paper and mail it in with a signature on it.  Third party validation for CROMERR should work for most of the active developers.  The occasional players may be more challenging.  TN has not gotten a decision on how we will meet CROMERR for application systems on-line. 
EPA RESPONSE: EPA has included the `Hybrid Approach' in the final rule to address the concerns about getting construction operators to seek and obtain a CROMERR digital signature. The `Hybrid Approach' will allow authorized NPDES programs to benefit as construction operators will electronically submit their NOI data and also send in a paper-copy of these data with the handwritten ("wet-ink") signature. The preamble to the final rule provides more information on this potential implementation option. 
TDEC has never used the Permit Required by Residual Designation provision.  It has no meaning to us at the moment as a required field, but we are OK with it as conditionally required if applicable.
EPA RESPONSE: EPA has included this data element as some states and EPA Regions use this regulatory option to control stormwater.
The Total Area of the Site is described as applicable to individual permits, yet my notes from the call noted that this should also apply to general permit coverages as well.  If it applies to general permit coverage, the description on page 29 of your Word document should be changed.  
EPA RESPONSE: EPA reviewed its stormwater regulations and matched the data elements to the appropriate permits (industrial vs. contruction stormwater; individual permits vs. general permits). 
TN agrees that specifying "to the nearest quarter of an acre" should be re-worked to reflect the size of the area.  For less than 10 acres, it may be appropriate, but for hundreds of acres it is not a reasonable level of accuracy.
For the industrial storm water permits, the Current Total Impervious Area is reported on the application as an estimate.  To the "nearest quarter of an acre" may be better off if it is replaced with to the "nearest acre."  
EPA RESPONSE: EPA provided more flexibility in the final rule and modified these data elements with the following language: "Values under 5 acres will be reported to the nearest tenth of an acre or nearest quarter acre. Authorized NPDES programs will have the discretion to choose whether permittees should report to the nearest tenth of an acre or nearest quarter acre for values under 5 acres."
For applications, if there are changes to the construction project as development takes place, there needs to be a way to either amend an application and revise data submitted to modify permit or to require that a re-application be made for the permit.   
EPA RESPONSE: EPA notes this final rule does not change the existing NPDES reporting requirements regarding when NPDES regulated entities must give notice to the Director of any "planned physical alterations or additions to the permitted facility." See 40 CFR 122.41(l)(1). Consequently, this final rule does not change the frequency or reporting or the criteria when NPDES regulated entities must report.



