NRECA filed comments with the U.S. Environmental Protection Agency (EPA) on its Interpretative Statement on the application of the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) Program to Releases of Pollutants from a point source to groundwater. NRECA agrees with and supports EPA’s conclusion that the CWA excludes from the NPDES program all releases of pollutants from a point source to groundwater, regardless of a hydrologic connection between the groundwater and jurisdictional surface water. NRECA recommended:
- Socialize broadly the Interpretive Statement by sending copies directly to all EPA regions and states and posting the Interpretive Statement prominently on the agency’s website;
- Revise statements regarding the relationship between the Coal Combustion Residual (CCR) Rule and CWA NPDES permit requirement to align with the Interpretive Statement; and,
- Initiate public notice-and-comment rulemaking to amend the NPDES regulations to reflect the Interpretative Statement, taking into account Supreme Court proceedings.
NRECA also filed comments through two coalitions: