Feb. 21, 2018 EPA requests comment on discharges to surface water




NPDES News publicizes announcements and updates related to EPA's National Pollutant Discharge Elimination System (NPDES) Permit Program.


EPA Issues Request for Comment on Discharges via Direct Hydrologic Connection to Surface Water


Last week EPA issued a request for comment on how pollutants that are discharged into groundwater that flows through a direct connection into jurisdictional surface waters should be treated under the Clean Water Act.


Over the years, the courts, EPA, states, tribes and local communities have addressed this type of pollutant source in different ways under the Clean Water Act. The agency wants to hear from all stakeholders about a number of key issues, including whether EPA should provide guidance or rulemaking or should review and potentially clarify any previous agency statements on the issue of how discharges from point sources that reach jurisdictional surface waters through groundwater is treated under the Clean Water Act and in the agency's permitting program.


This input will help inform potential next steps that could provide clarity on this issue. The comment period will be open for 90 days after the notice is published in the Federal Register. The Federal Register Notice is available here: For more information, visit: