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Member Pipeline - Regulatory - Alert (RA 01-01)

To: Members & Affiliates, Wet Weather Issues Committee
From: National Office
Date: January 3, 2001
Subject: EPA Draft Guidance on Implementing the Water Quality-Based Provisions in the CSO Control Policy
Reference: RA 01-1

Action Please By:
Thursday, January 25

The U.S. Environmental Protection Agency (EPA) released on December 20, 2000 a draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for a 60-day public comment period. The 60-day comment period officially began on January 4 (see Federal Register notice) and ends on March 5, 2001. 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. Copies of the draft guidance document, EPA’s summary letter and fact sheet are attached. AMSA requests your feedback on this draft guidance by Thursday, January 25.

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

In the past month, as part of the Wet Weather Water Quality Act of 2000 passed by Congress in December 2000, EPA is now required to issue final CSO water quality standards guidance by December 31, 2001. 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 an indication of how EPA envisions the process of making adjustments to 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 fact sheet). 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 IV, page 34) 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 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 II provides a detailed explanation of the water quality standards program and available options to adjust specific water quality standards. Section III discusses the process for review and revision of water quality standards. Section V provides an overview of EPA’s watershed approach and how CSO controls fit within this process.

Feedback Needed on Draft Guidance
AMSA invites member comments on the draft guidance. EPA has specifically asked for feedback in the following three areas:

We are interested in your comments in all of these areas. We are particularly interested in an 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 send a formal comment letter. You can call Greg Schaner at 202/296-9836 or email at gschaner@amsa-cleanwater.org to outline suggested improvements or concerns that you would like to be included in the AMSA letter. Thank you for your assistance.

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