Position #527 – Regarding the Extension of NPDES Permit Terms
WHEREAS, the Western States Water Council (WSWC) is a government entity representing eighteen states, with members appointed by their respective governors; and
WHEREAS, the WSWC’s mission is to ensure that the West has an adequate, secure, and sustainable supply of water of suitable quality to meet its diverse economic and environmental needs now and in the future; and
WHEREAS, the federal Clean Water Act (CWA) created the National Pollutant Discharge Elimination System (NPDES) in 1972, addressing water pollution by regulating point sources that discharge pollutants to waters of the United States; and
WHEREAS, the CWA 33 U.S.C. 1342(b)(1)(B) indicates NPDES permits “are for fixed terms not exceeding five years;” and
WHEREAS, most states are now authorized to implement all or part of the CWA NPDES program; and
WHEREAS, the task of implementing the NPDES program has increased in scope and complexity since 1972, including: the number and type of sources needing permits, the scope of projects under consideration, and the environmental and social considerations to be included in permit writing; and
WHEREAS, for States with approved CWA programs, the role of the Environmental Protection Agency (EPA) is one of oversight and not implementation of core program activities; and
WHEREAS, understanding of water quality issues is constantly evolving, and the resulting increased demands on state-level administrative processes require increased capacity, innovation, efficiency, flexibility, and long-term planning; and
WHEREAS, water quality infrastructure investments often involve projects that extend beyond five years; and
WHEREAS, extending the upper limit of NPDES permit terms to 10 years would provide States discretionary authority to set an appropriate length during the permit writing process, allowing States to maximize the use of limited resources, better plan and invest in new technologies, facilities, and watershed-based approaches; and
WHEREAS, EPA tracks permit backlogs and encourages authorized permit programs to work to “increase efficiencies in the permitting process to decrease the NPDES permit backlog” to provide greater certainty to the business community; and
WHEREAS, States striving to reduce permit backlogs are faced with challenges including a widening universe of permit-seeking facilities, stagnant or declining funding, increasing federal guidelines, issues with staffing and retention, and increasing permit complexity; and
WHEREAS, States have demonstrated the ability and authority to implement other controls using 10-year permit terms including Resource Conservation and Recovery Act (RCRA), solid waste disposal (42 U.S.C. §6925 (c)(3)), and state water pollution control permit programs for animal feeding operations where 5-year NPDES permits are not required; and
WHEREAS, permits contain clauses to reopen, amend and/or modify permits following proper administrative procedures to update the appropriate requirements (40 CFR 122.62 and 124.5), allowing permitting authorities to respond to changes in standards, technologies and water quality needs, as well as public concern prior to permit expiration; and
NOW, THEREFORE, BE IT RESOLVED, the Western States Water Council supports amending the federal Clean Water Act 33 U.S.C. 1342(b)(1)(B) to indicate NPDES permits “are for fixed terms not exceeding 10 years,” provided existing authority to reopen permit terms based on current law is retained.
BE IT FURTHER RESOLVED, the Western States Water Council encourages Congress and the Administration to provide adequate funding consistent with federal statutory authorities and regulatory mandates, at levels needed for states to fully implement federal environmental programs.