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Regulatory Alert (RA 00-12)

Member Pipeline - Regulatory - Alert (RA 00-12)

To:

Members & Affiliates
Wet Weather Issues Committee

From:

National Office

Date:

May 30, 2000

Subject:

EPA Preliminary Draft Guidance on Implementing the Water Quality-based Provisions in the CSO Control Policy

Reference:

RA 00-12

Action Please By: Tuesday, June 13

The U.S. Environmental Protection Agency (EPA) recently released a preliminary draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for feedback prior to officially releasing a final draft version for public review in July 2000. The document is intended to guide States and EPA Regions on how to integrate combined sewer overflow (CSO) planning within the process for reviewing and revising water quality standards to address CSO receiving waters. A copy of the preliminary draft guidance document is attached. The preliminary draft guidance represents a substantially more detailed version of the earlier outline (see Regulatory Alert RA 00-02, January 18, 2000).

The guidance document was required by Congress in the FY 1999 Appropriations process (House Report 105-769). Congress urged EPA to:

  • Develop guidance, after public comment, to facilitate the conduct of water quality and designated use reviews for CSO-receiving waters;
  • Provide technical and financial assistance to States and EPA Regions to conduct these reviews;
  • Report progress to relevant authorizing and appropriations committees by December 1, 1999.

In developing this document, EPA sought feedback from a group of CSO experts, including CSO communities (including three AMSA member communities), environmental groups, and State and Federal permit authorities. AMSA has been monitoring the progress of this guidance document as a potential indication of how to adjust water quality standards for wet weather conditions.

Through this guidance, EPA hopes to “lay a strong foundation for integrating CSO long-term control planning with water quality standards reviews” (see attached EPA Memorandum from Geoffrey H. Grubbs and Michael B. Cook, dated May 8, 2000). One of the hallmarks of the CSO Control Policy is the review and revision, as appropriate, of water quality standards and their implementation procedures when developing CSO Long Term Control Plans (LTCP) to reflect the site-specific wet weather impacts of CSOs. By EPA's own recognition, “in the six years since EPA issued the CSO Control Policy, implementation of this principle has not progressed as quickly as expected” (EPA Memorandum, May 8, 2000).

The crux of the document is the suggested step-wise process (see Section II) for integrating the development and implementation of a community's LTCP with the review, and potential revision, of water quality standards for CSO-receiving streams. The document establishes a flow chart to clarify each step involved in the process, as well as which entity (i.e., CSO community, NPDES authority, Water Quality Standards Authority, and/or EPA) is responsible for each step. The preliminary draft makes clear that CSO communities are expected to proceed with the LTCP process regardless of progress by the States and Regional offices, or lack thereof, in reviewing and revising water quality standards. The flow chart also indicates that the CSO community is solely responsible for leading all data collection and monitoring efforts sufficient to conduct a Use Attainability Analysis (UAA) to revise water quality standards. In addition, Section III provides a detailed explanation of the water quality standards program, available options to adjust specific water quality standards, process of reconciling remaining overflows with water quality standards. Lastly, Section IV addresses how CSO LTCPs fit within a watershed management framework.

AMSA invites member comment on the preliminary draft guidance. Although the National Office will also seek comments and feedback when the final draft is available in July, any early input is welcome. We are particularly interested in any informal indication as to how the approach outlined in this guidance will work in your community. Is this an approach that CSO communities will be able to use effectively? Does the document give enough direction to States and Regional offices on how to conduct water quality standards reviews? It is not necessary to file formal comments on this round of review. Please feel free call Greg Schaner at 202/296-9836 to discuss your general observations about the preliminary draft guidance, or to send via email any feedback to gschaner@amsa-cleanwater.org by no later than Tuesday, June 13.

Thank you for your assistance.

Attachments:

  • EPA Memorandum on Implementing State Reviews of Water Quality Standards for CSO-Receiving Waters (PDF FORMAT)
  • EPA Memorandum on Comments on the Draft Guidance on Implementing the Water Quality Based Provisions of the CSO Control Policy (PDF Format)
  • Draft Guidance on Implementing the Water Quality-Based Provisions in the CSO Control Policy

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