January 2017
Public Notification Requirements for Combined
Sewer Overflows to the Great Lakes Basin
What did Congress ask EPA to do?
Section 425 of the Consolidated Appropriations Act of 2016 requires EPA to work with the Great Lakes states
to establish public notice requirements for combined sewer overflow (CSO) discharges to the Great Lakes
Basin. Section 425 is to be implemented by December 18, 2017. However, implementation deadlines may be
extended for individual communities if it is determined that the community needs additional time to comply
in order to avoid undue economic hardship.
What action is EPA proposing?
To implement Section 425, EPA published a notice of proposed rulemaking on January 13, 2017 requesting
comments on public notification requirements for CSOs to the Great Lakes Basin. When finalized, the rule
will be implemented as part of the National Pollutant Discharge Elimination System (NPDES) program. EPA
proposes to require NPDES permittees authorized to discharge from a CSO to the Great Lakes Basin to
implement the following types of public notification:
•	Signage;
•	Initial and supplemental notice to local public health departments and other potentially affected
public entities, such as drinking water utilities, public beach and recreation agencies;
•	Initial and supplemental notice to the public; and
•	Annual CSO notice to the public and state NPDES authority.
The proposal includes requirements for NPDES permittees with CSO discharges to the Great Lakes Basin to
develop and submit to the NPDES permitting authority a public notification plan. Prior to submission,
permittees would be required to seek and consider input from local public health departments and other
potentially affected entities whose waters may be potentially impacted by their CSO discharges.
The proposal also sets forth proposed minimum public notification requirements for a permit condition
which would be included in all reissued NPDES permits for CSO discharges to the Great Lakes Basin.
When will this action be implemented?
Beginning six months after a final regulation is published, the proposed public notification requirements
initially would apply directly by operation of rule to NPDES permittees authorized to discharge from a CSO to
the Great Lakes Basin. Within six months of publication of the final rule, permittees would be required to
develop and submit to the NPDES permitting authority a public notification plan. The state NPDES authority
can extend the compliance dates for notification and/or submittal of the public notification plan for
individual communities if the NPDES authority determines the community needs additional time to comply in
order to avoid undue economic hardship.

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January 2017
The proposed public notification requirements would be incorporated into the relevant Great Lakes Basin
CSO NPDES permits when such permits are next reissued after publication of a final regulation.
What are the objectives of this action?
The objectives of these proposed requirements are to:
•	Ensure timely notice to the public of CSO discharges which may allow them to take steps to reduce
their potential exposure to pathogens associated with the discharges.
•	Ensure timely notice to local public health departments, public drinking water facilities and other
potentially affected public entities, including Indian tribes of specific CSO discharges and support the
development of appropriate responses to the discharges, such as ensuring beach closures and
advisories; and
•	Provide the community with effective and meaningful follow-up notification that allows for analysis of
trends in combined sewer system performance and provides information on plans to control CSO
discharges.
How did EPA develop the proposed requirements?
EPA has worked with the Great Lakes states on developing proposed requirements to implement Section 425
of the 2016 Consolidated Appropriations Act. In addition, on August 1, 2016, EPA published a notice in the
Federal Register requesting stakeholder input regarding potential approaches for developing public notice
requirements for CSO discharges to the Great Lakes Basin under Section 425. As part of this effort, EPA held a
public "listening session" on September 14, 2016, which provided stakeholders and other members of the
public an opportunity to share their views.
How can the Public submit Comments on this Proposal?
The comment period for the proposed rule will close March 14, 2017. Comments on the proposal should be
submitted to Docket ID No. EPA-HQ-OW-2016-0376 on the Federal eRulemaking Portal:
http://www.regulations.gov. General guidance on making effective comments is available at
EPA's Commenting on EPA Dockets.
Where can I find more information?
The notice will be available at http://www.regulations.gov under Docket ID: EPA-HQ-OW-2014-0376. In
addition, EPA is maintaining a webpage for information regarding the rulemaking at:
https://www.epa.gov/npdes/combined-sewer-overflows-public-notification-requirements-great-
lakes
You may also email Jenelle Hill at hill.jenelle(5)epa.gov.

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