ECOS 

THE 

ENVIRONMENTAL 

COUNCIL OF 

THE STATES 

444 orth Capitol trcet. 1• W. 

Suite 4·15 

Washi ngton. D.C. 2000 1 

Tel: (202) 624-3660 

r:ax: (202) 624-3666 

Email: ecos@sso.org 

Wcbpagc: www.ecos.org 

Michael J. Linder 

Director, Nebraska Department of 

Em•ironmcntal Qunlity 

PRESIDENT 

Richard Opper 

Director. Montana Department of 

Environmental Quality 

VICE PRESIDENT 

Thomas S. Burack 

Cormmssioner. New llampshirc 

Dcpanrneru of Environmental 

Services 

SECRETARY -TREASURER 

David K. Paylor 

Director, Virginia Dcpanmcrr l 

of Environmental Qunlity 

PAST PRESIDENT 

R. Steven Brown 

Executive Director 

November 13, 2009 

The Honorable Cynthia Giles 

Assistant Administrator 

Office of Enforcement and Com pi iance Assurance 

The llonorable Peter S. Silva 

Assistant Administrator 

Office of Water 

United States Environmental Protection Agency 

1200 Pennsylvania Avenue, W 

Washington DC, 20460 

Dear Assistant Administrator Giles and Assistant Administrator Silva: 

We are writing to seek inclusion of states and their associations 

as members of the National Pollutant Discharge El imination System 

(NPDES) proposed rulemaking workgroup. Since the scope of the 

original NPDES rulemaking now has been ex panded to include electronic 

reporting to meet Administrator Jackson's direction to moderni ze paperbased systems we believe early state involvement is a necessary and 

essential pa1i of th is effort. 

We understand this expanded rulemaking is being expedited as 

per the Administrator's direction. States arc ready to engage on the 

workgroup and understand the acce lerated schedu le. Recognizing the 

importance of state's input, EPA's Action Development Process 

specifically encourages the inclusion of states in rulemaking workgroups 

where states arc charged with implementation of the program or 

regulation that would be effected. 

This proposed NPDES rule would now equate to the second largest 

transfer of data between states and a federal agency (second only to tax data 

reported by states to the lntema l Revenue Service). As such, early state 

pmi icipation on this workgroup is necessary for developing a quality rule and 

such participation is consistent with EPA's own guidance on regulatory 

development. 

States can help shape the regulatory options being considered while 

they understand that ultimately, the policy choices inherent in any regulation 

will be made by EPA. As co-regulators, early state participation in the 

ru lemaking workgroup can yield quicker stale adoption of the final ru le, 

consistent implementation across the nation. and higher compliance with the 

rule's obj ectives. 

We stand readv to provide ECOS and state representatives to this work!!.roup 
and to participate in the next workgroup meeting. We look forward to continuing to work close ly with you and 

your staff as part of the EPA/state partnership. 

Sincerely, 

Michael Linder 

President, Environmental Co unci I of the States 

Director, Nebraska Department of Environmental Qua lity 

Richard Opper 

Vice-President, Environmental Council of the States 

Director, Montana Department of Environmental Quality 

Thomas Burack 

Secretaryrrreasurer, Environmental Council of the States 

Commissioner, New Hampshire Department of Environmental Services 

David Paylor 

ECOS Past President 

Director, Virginia Department of Environmental Quality 

x/t£ ,:_d--b 

Steven Chester 

Chair, ECOS Compliance Committee 

Director, Michigan Department of Environmental Quality 

Thomas Easterly 

Chair, ECOS Water and Ecosystems Committee 

Commissioner, Indiana Depa1tment of Environmental Management 

') . . 

-L ... c.. \.I ·~ \).) (,\. ':..~t HKaren Bassett 

Chair, Data Management Work Group 

Deputy Director, Arkansas Department of Environmental Quality 

cc: Lisa Heinzerling/OPEI 

Sarah Hospodor-Pallone/OCIR