Clean Water Act/NPDES Regulatory Updates Fall Conference October 24, 2018

NPDES Phase I Update Rule Proposed NPDES Application & Permits Update Rule Public noticed May 2016 Targeted revisions to certain definitions and standard forms Proposed changes to anti-degradation, dilution allowance, and how reasonable potential requirements are calculated Also proposed to transform “administratively” extended state permits into final permits Spring 2018 Regulatory Agenda announced the NPDES Rule Update Rule will be released in two phases Phase I expected to be released in December 2018 Fall Conference October 24, 2018

2015 Multi-Sector General Permit Multiple eNGOs challenged final permit Mandatory numeric limits; create public participation requirements Federal Water Quality Coalition intervened; settlement agreement National Research Counsel study Review of existing literature for benchmark monitoring and whether improvements over the 2015 permit are necessary Evaluation of the feasibility of adding numeric standards to 2020 MSGP Evaluation of recommendations to identify “high priority” industrial sectors for additional discharge characterization & monitoring NRC expected to release its final report late 2018 Fall Conference October 24, 2018

2017 Construction General Permit Reissued January 2017 Challenged by two eNGOs and National Association of Home Builders eNGOs – site stabilization deadlines not protective for material piles NAHB – CGP holds “any” operator liable, either jointly or severally, for another operators failure to comply with the permit Joint motion accepted by the court June 2018 Public notice-and-comment rulemaking expected in 2019 Fall Conference October 24, 2018

Hydrological Connection Theory Clean Water Act Coverage of “Discharges of Pollutants” via a Direct Hydrologic Connection to Surface Water, 83 Fed. Reg. 7126 (Feb. 20, 2018) 58,000 comments submitted Substantive comments (~200) submitted by eNGOs, elected officials, industry, state & local governments, trade-associations Three emerging themes Comments urging EPA to “take action” Comments urging EPA to “take no action” Comments urging EPA to “preserve state flexibility and to provide targeted clarifications” Possible guidance or rulemaking in 2019? Fall Conference October 24, 2018

Waters of the United States Executive Order 13778 Two-step rulemaking process Applicability date rule Next Steps

Questions… Jim Kudlinski Supervisor| Environmental Field Services P.O. Box 52025| Mail Station XCT310| Phoenix, AZ 85072-2025 P: (602) 236-2351| C: (480) 220-0410 Jim.kudlinski@srpnet.com Fall Conference October 24, 2018