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

--------------------------------------------------------------------------------
SUBJECT:	Notes from Technical Meeting with States (12 March 2015) [DCN 0223]
--------------------------------------------------------------------------------


Overview 

      This was the twenty-first 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 data element related to sewer systems, sewer overflows, and bypass events 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 clarification on the "Combined Sewer System Information" data elements. EPA streamlined these data elements and provided clarifying language for these data elements in the final rule. 
   
* Several state representatives asked about the frequency for updating these data elements. EPA added the following note in the final rule: "All Phase II and post-Phase II combined sewer system NPDES permittees are required to complete and implement a long-term CSO control plan (LTCP) as described in EPA's Combined Sewer Overflow (CSO) Control Policy (19 April 1994; 59 Federal Register 18688-18698). These data will be updated by the authorized NPDES program on a timely basis as changes occur with the combined sewer system and the LTCP as well as with the POTW's implementation and compliance with the LTCP.]" 
   
* Several state representatives asked for clarification regarding how the rulemaking would address satellite sewer systems. EPA notes that this rule only changes the mode of transmission of NPDES information from paper to electronic. This rule does not change substantive requirements, but instead requires electronic reporting of existing reporting obligations. Satellite sewer systems were addressed by the Environmental Appeals Board in In re Charles River Pollution District, No. 14-01 (Feb. 4. 2015). 
   
* Several state representatives asked for EPA to provide flexibility on sewer overflow and bypass reporting in cases of extreme weather events, which can cause sewer overflows and bypasses too numerous to count. In the final rule EPA included the following language in a number of data elements to provide this flexibility: "The POTW can leave this data element blank on the Sewer Overflow/Bypass Event Report if the sewer overflows are caused by an extreme weather event (e.g., hurricane) that floods the entire sewer system and are too numerous to count."
   
* Several state representatives from Indiana, Oklahoma, and New Jersey asked for EPA to provide flexibility on how to report the location of the sewer overflow. In the final rule EPA included the following language in a number of data elements to provide this flexibility: "This data element can also be system generated if the Sewer Overflow/Bypass Event Report collects the street location of the sewer overflow and the street location can be used to generate an accurate longitude [or latitude] value."
   
* A state representative from Kentucky suggested that EPA include a data element that captures the type of structure associated with the sewer overflow event. In the final rule EPA included the following data element: "Type of Sewer Overflow/Bypass Structure: A unique code/description that identifies the type of sewer overflow or bypass structure (e.g., manhole, CSO outfall) for each Sewer Overflow/Bypass Identifier. The POTW can leave this data element blank on the Sewer Overflow/Bypass Event Report if the sewer overflows are caused by an extreme weather event (e.g., hurricane) that floods the entire sewer system and are too numerous to count."
   
* A state representative suggested that responses for the "Wet Weather Occurrence for Sewer Overflow/Bypass Status" data element be limited to Yes or No. EPA has incorporated this recommendation in the final rule.

      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 - 12 March 2015

                                 Main Contact
                             State or Organization
                              Main Contact Email
                         State/Org. Present? (Yes/No)
                                 Sean  Rolland
                                     ACWA
                             srolland@acwa-us.org
                                      No
                                 Karen Lechner
                                      AK
                           karen.lechner@alaska.gov
                                      Yes
                                 Christy Monk
                                      AL
                             cvm@adem.state.al.us
                                      No
                                 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
                                      No
                              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
                                      No
                                Scott Miyashiro
                                      HI
                        scott.miyashiro@doh.hawaii.gov
                                      No
                                 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
                                      Yes
                                 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
                                      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
                                      Yes
                        Bradley Bennett               
                                       
                          bradley.bennett@ncdenr.gov
                                       
                                 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
                                       
                      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
                                      No
                                   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
                                      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
                                      No
                                Carey Johnston
                                 OECA/OC/ETDD
                            johnston.carey@epa.gov
                                      Yes
                                 Jackie Clark
                                  OW/OWM/WPD
                             clark.jackie@epa.gov
                                      Yes
                                  Kevin Weiss
                                  OW/OWM/WPD
                              weiss.kevin@epa.gov
                                      Yes
                                Ginny Phillips
                                 OECA/OCE/WED
                            phillips.ginny@epa.gov
                                      Yes
                                 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
                                      No
                                  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 2:41 PM
Here are some more late comments. Thanks for keeping these calls organized.  I appreciate it when we get finished on time or ahead of time.
Permitted Feature:
TDEC sees no problem on addition of the two data elements to applications for POTW treatment technology associated with Permitted Feature for POTW.  POTW Wastewater Treatment Technology Level Description for each outfall that will be handled as a drop-down may be difficult to accommodate all options.  As pointed out by Washington, the situation can be complex and can change over time.  As plants review ways to change plant operations to reduce energy, recycle water and improve treatment, it may be a bit complex to use a simple drop-down for this.  
POTW Wastewater Treatment Technology Unit Operations is based upon whether "discharge" is above 10 MGD.  Is the value of 10 MGD the average flow rate, the daily maximum, the design flow for the POTW?  How do the recycle systems figure into the 10 MGD level?
EPA RESPONSE: EPA clarified in the final rule that the "POTW Wastewater Treatment Technology Unit Operations" only applies to "POTWs that have a design flow capacity equal to or above 10 million gallons per day (MGD) and is optional for POTWs with a design flow capacity below 10 MGD." 
Collection Systems:
The POTW collection system data elements raise question on what is "unique collection system" and how is this tracked.  The table states this includes "unincorporated connector districts and satellite collection systems."  Collection systems may be government-owned or privately owned and application must require which ownership applies to the collection system.  Collection systems in Tennessee are given a separate state permit # and may not tie to an NPDES permit number for no-discharge systems.  (The state permit number will not fit the ICIS field validations.) "Permit Number for Collection System" will have a permit number, but it won't be a proper NPDES number.  It would be good to allow this field to allow for more that the federal number on the permit application or NOI if possible.
EPA RESPONSE: See response above for a similar comment on satellite sewer systems. As previously noted, this rule only changes the mode of transmission of NPDES information from paper to electronic. This rule does not change substantive requirements, but instead requires electronic reporting of existing reporting obligations. 
"Population of Collection System" needs to be expressed as an estimate.  Connections are countable and relatively fixed, but people come and go.  

Percentage of Collection System That Is a Combined Sewer System  -  needs to be an estimated per cent. 
EPA RESPONSE: EPA clarified the data element, "Percentage of Collection System That Is a Combined Sewer System," with the following description as requested by the state representative: "For each unique collection system that provides flow to the permittee, this is the estimated percentage of the collection system that is a combined sewer system. This includes unincorporated connector districts and satellite collection systems. This estimated percentage is calculated separately for each unique collection system that provides flow to the permittee and is based on the service population of each unique collection system. This data element applies to POTWs." EPA also added the word "estimate" to the description of the "Population of Collection System" data element.
Complete and Implement a Long-Term CSO Control Plan  -  needs clarification.  It may be set up as conditional where initial answer controls what the next information is being populated.  But on the call there seemed to be confusion over what is being reported.  If LTCP is required, has it been done?  An approved LTCP may be compliant with the permit requirement to have one.  But it is not the same thing as compliance with implementation of the plan/permit.  Also, plans/implementation strategies may need revision over time.  Presumably, the data reported will be a snapshot picture at the time of the application.
EPA RESPONSE: EPA clarified the data element, "Long-Term CSO Control Plan Permit Requirements and Compliance," with the following description: "This data element uses a unique code/description that identifies whether the permit requires the permit holder to complete and implement a LTCP and whether the permit holder is in compliance with these permit requirements."
Nine Minimum CSO Controls Developed  -  The understanding on the call is this would be Yes/No.  Yes, all have been developed or no, something is missing.
EPA RESPONSE: EPA clarified the data element, "Nine Minimum CSO Controls Developed," with the following description: "This data element uses a unique code/description to identify by number each of the nine minimum control measures outlines in the CSO Control Policy that the permit holder has implemented in compliance with the applicable permit and/or enforcement mechanism. These unique codes are: (1) Proper operation and regular maintenance programs for the sewer system and the CSOs; (2) Maximum use of the collection system for storage; (3) Review and modification of pretreatment requirements to assure CSO impacts are minimized; (4) Maximization of flow to the publicly owned treatment works for treatment; (5) Prohibition of CSOs during dry weather; (6) Control of solid and floatable materials in CSOs; (7) Pollution prevention; (8) Public notification to ensure that the public receives adequate notification of CSO occurrences and CSO impacts; and (9) Monitoring to effectively characterize CSO impacts and the efficacy of CSO controls. For example, if the permit holder has only developed the "Maximum use of the collection system for storage" minimum control measure then the permitting authority will record "2" for this data element. Likewise, if the permit holder has developed all nine minimum control measures then permitting authority will record 1, 2, 3, 4, 5, 6, 7, 8, and 9 for this data element."
