Lauren Brown \<lbrown@waterkeeper.org\>

06/15/2006 11:21 AM

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Group Ow-Docket@EPA

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Attention Docket ID No. EPA-HQ-OW-2006-0141

Lauren Brown

Staff Attorney

Waterkeeper Alliance

50 S. Buckhout Street, Ste. 302

Irvington, New York 10533

Phone: 914.674.0622 ext. 205

Fax: 914.674.4560

LBrown@waterkeeper.org

www.waterkeeper.org

June 15, 2006

The Honorable Stephen Johnson

Administrator, Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

Attention Docket ID No. EPA-HQ-OW-2006-0141

**Re: Request for Extension of the Public Comment Period for the
Proposed Rulemaking on "National Pollutant Discharge Elimination System
(NPDES) Water Transfers Proposed Rule" 71 Fed. Reg. 32887**

Dear Administrator Johnson:

On June 7, 2006, your agency published in the Federal Register a
proposal to amend the Clean Water Act (CWA) regulations to expressly
exclude water transfers from regulation under the National Pollutant
Discharge Elimination System (NPDES) permitting program.

This issue is of vital importance to the health of the nation\'s
streams, wetlands, and other waterways and to the human and wildlife
communities that depend on these resources. As a consequence, this issue
is also of tremendous importance to our organization and many of our 153
Waterkeeper programs around the nation.

Adequately addressing your agency's request for information and comments
from the public, the legal and scientific communities, federal and state
resource agencies, as well as environmental and conservation groups and
others, will require considerable effort and time -- more than the 45
days proposed for this purpose in the Federal Register. [Therefore, we
ask that your agency's provide an extension to the deadline for comments
by at least an additional 60 days (for a total comment period of 105
days).]{.underline}

The extension of the comment period is necessitated by the many complex
issues raised by the proposed rule. Accordingly our organization and
others will need to attempt to assemble such data, as well as other
pertinent information for your consideration, and address the complex
policy questions raised by the proposed rule involving exemption of
water transfers from NPDES requirements. This undertaking will require
considerably more time than allowed by the current comment deadline.

It should also be taken into consideration that the EPA's comment period
on its proposed "Compensatory Mitigation for Losses of Aquatic
Resources" rule closes on July 30^th^; just days after the comment
period on its proposed NPDES Water Transfer rule closes. This will make
it extremely difficult for the public to adequately and thoroughly
review and consider all aspects of the proposed rule and provide
meaningful feedback. An extension to this comment period will provide
the public with a fair opportunity to engage in this public process.

Thank you for your consideration of this request for an extension to the
public comment period for the proposed rulemaking. Please contact us if
you have any questions or would like to discuss this request.

Sincerely,

Scott Edwards

Legal Director

Waterkeeper Alliance

50 S. Buckhout Street, Ste. 302

Irvington, NY 10533