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Regulatory - Alert (RA 99-13)

Member Pipeline - Regulatory - Alert (RA 99-13)

To:

Members & Affiliates

From:

National Office

Date:

July 27, 1999

Subject:

Water Quality-Based and Technology-Based CSO Requirements

Reference:

RA 99-13

To address internal Environmental Protection Agency (EPA) differences regarding whether the 1994 National Combined Sewer Overflow (CSO) Control Policy's nine minimum controls meet technology-based standards of the Clean Water Act, EPA has issued a July 7, 1999 policy memorandum clarifying appropriate technology-based standards as applied to CSOs. The policy memorandum also clarifies enforcement issues related to water quality standards. A copy of the memo is attached for your review.

The 1994 CSO Control Policy requires that permittees “immediately implement BAT/BCT, which at minimum includes the nine minimum controls, as determined on a BPJ basis by the permitting authority.” While the policy acknowledges that nine minimum controls are a minimum standards, the memorandum clarifies that EPA and states, should evaluate options beyond the nine minimum controls when deciding appropriate BAT/BCT requirements. The memorandum acknowledges that in general, water quality-based controls based upon long-term control plans developed by municipalities, will likely be more stringent than any additional controls (beyond the nine minimum controls) required to meet technology-based standards.

The memorandum also discusses the relationship between CSO permitting and enforcement issues. It emphasizes that enforcement remedies need to be consistent with permit requirements, and that they must also be consistent with water quality standards. It is here that this memorandum will shed additional light on key issues associated with implementation of CSO Control Policy.

Attachment:

  • EPA Policy Memorandum on Water Quality-Based and Technology-Based CSO Requirements (For a copy of this document, please contact AMSA's National Office at 202/833-AMSA)