RE: joining dialogue by fax

[Danna McDonald - EPA Water <McDonald.Danna@epa.gov>]

 * NPDES Permits: EPA and state regulators should conduct public hearing sessions before allowing federal agencies, industries, municipalities and other permittees to discharge pollutants into the waters.

EPA agrees.  Public participation, including public hearings, is an essential and routine part of the NPDES permitting process.   Under federal regulation at 40 CFR 124.10-17, the NPDES permitting authority is required to provide public notice, opportunity to comment, and opportunity to request a public hearing before final NPDES permits are issued.  

Sometimes the NPDES permitting authority is EPA, and sometimes it is the state water pollution control agency. Forty-three states and one territory are authorized to issues NPDES permits.  For the rest, EPA is the permit-issuing authority.  

The federal regulations that govern public participation apply to EPA and the states authorized to issue NPDES permits.  The permitting agency must give public notice when a draft NPDES permit has been prepared and must provide a period of at least 30 days for public comment on the draft.  

These regulations also require the permitting agency to consider and respond to all public comments in making a final decision on the permit.  The permitting agency must hold a public hearing before issuing a final permit when it finds, based on requests, a significant degree of public interest in a draft permit.  

Persons interested in public comment or hearings on particular permits should contact their permitting agencies (state or EPA Regional Office) for information on where notices of draft permits and public hearings are advertised.  It is also a good idea to become familiar with the regulations described above.