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Interpretive Statement on Application of the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) Program to Releases of Pollutants From a Point Source to Groundwater
Apr. 23, 2019
EPA is issuing an Interpretative Statement addressing whether the CWA NPDES permit program applies to releases of a pollutant from a point source to groundwater. This Interpretative Statement reflects the EPA's consideration of the public comments received in response to its February 20, 2018 Federal Register notice. EPA concludes that the CWA is best read as excluding all releases of pollutants from a point source to groundwater from NPDES program coverage, regardless of a hydrologic connection between the groundwater and jurisdictional surface water. Concurrently with issuing its interpretation of the CWA, the Agency is soliciting additional public input regarding what may be needed to provide further clarity and regulatory certainty on this issue. Comments must be received or postmarked on or before June 7, 2019. POC: Scott Wilson, Office of Wastewater Management, Water Permits Division (MC4203M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 564-6087; email: wilson.js@epa.gov. (Federal Register: 23 April 2019 [Proposed Rules] Pages 16810-16826).

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Last Updated: January 22, 2018