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May 29, 1998
AMSA Queried on SSO Issues By EPA Enforcement Office
On May 28, AMSA received a list of questions from Eric Schaeffer, director of EPA's Office of Regulatory Compliance, regarding the development of a national sanitary sewer overflow policy. The questions were originally posed as part of Schaeffer's comments during the "Regulatory Perspectives" panel session at AMSA's May 16-20 National Environmental Policy Forum. EPA is still attempting to reach internal consensus on the development of a national SSO policy. Among the types of questions presented are: 1) how would AMSA define "unavoidable " as it relates to SSOs; 2) how would AMSA define "wet weather" in the context of SSOs; 3) how would AMSA define a "wet weather treatment system"; 4) how would wet weather facility discharges impact the attainment of water quality standards in the receiving streams; and, 5) does AMSA have a legal theory for regulating discharges from separate systems differently from combined systems? Several other questions were also raised. AMSA's Wet Weather Issues Committee will receive a copy of the request for their review. The SSO federal advisory committee municipal caucus will lead in the development of a response. If you are not on the Wet Weather Issues Committee, but would like to receive a copy of the request, please contact Mark Hoeke at 202/833-9106.
TMDL Committee Scheduled to Finalize Report
EPA has requested that all members of its total maximum daily load (TMDL) federal advisory committee submit their signatures by the end of this week in order to finalize the Committee report to EPA. AMSA still has serious concerns with the final report language concerning the TMDL allocation process and its references to "enforceability" of controls. The AMSA/CASA representative on the Committee does plan to sign the final report based on the overall progress the Committee has made in developing recommendations to EPA, however, she will include a letter highlighting continuing municipal concerns regarding "enforceability" and the need to address the lack of enforceable controls on nonpoint sources of pollution. AMSA also plans to send a separate letter to EPA highlighting this issue.
Review of Stormwater Permits Denied by Environmental Appeals Board
Last week, EPA's Environmental Appeals Board (EAB) denied a petition filed jointly by the Defenders of Wildlife and the Sierra Club seeking review of issues related to stormwater permits issued by EPA Region IX to the City of Tucson, Pima County, the City of Phoenix, the City of Mesa and the City of Tempe (all in the State of Arizona). AMSA participated in the proceedings as amicus, along with the National Association of Flood and Stormwater Management Agencies, the National League of Cities, and the National Association of Counties. Two issues of particular interest to AMSA members were the petitioners insistence that these storm water permits contain: 1) numeric water quality-based effluent limits, and 2) whole effluent toxicity (WET) testing.
On the first issue of concern, the petitioners claimed that numeric effluent limits are required in NPDES permits as a question of law. The EAB determined that "numeric effluent limits . . . are not necessary to ensure compliance with (state water quality) standards." On the second issue, petitioners claimed that WET testing must be included in the permits to comply with EPA regulations and guidance. EAB stated, in concurrence with AMSA and Region IX's findings, that there is no legal requirement that WET testing be included in any NPDES permit. EPA's May 21 decision has been forwarded to AMSA members via Legal Alert 98-3.
Members are reminded that the hotel reservation cut-off date for the AMSA Risk Management Plan Implementation Workshop in Milwaukee, Wisconsin is June 5. The workshop registration cut-off date is June 19. For more information, contact AMSA at 202/833-2672.Ø