Member Pipeline - Regulatory - Alert (RA 99-4)
To:
Members & Affiliates
From:
National Office
Date:
March 5, 1999
Subject:
Draft Anti-Degradation Guidance
Reference:
RA 99-4
AMSA is closely tracking the development of EPA policy guidance that could significantly alter many states permit issuance procedures. EPA is drafting guidance to states that will explain and clarify current antidegradation policy as it is applied to the National Pollution Discharge Elimination System (NPDES) and controls on nonpoint source pollution. AMSA expects that the guidance will stress more consistent state implementation of antidegradation requirements in NPDES permits and identify possible mechanisms for applying the requirements to nonpoint source pollution. A draft of the guidance has been developed by an internal EPA working group with input from states.
The Clinton administrations Clean Water Action Plan calls for the guidance and says it is needed in order to “more specifically define expectations and procedures for states to follow in fully implementing antidegradation policies related to polluted runoff.” Specifically, the draft guidance strongly recommends that states require the implementation of nonpoint source best management practices with “reasonable assurance” that the nonpoint sources will implement the controls before issuing NPDES permits or allowing other activities to take place on the water body. EPA will also “object” to permits that do not explicitly address antidegradation requirements, the draft guidance says. The draft also suggests how antidegradation policies can be applied to wet weather discharges and general permits.
A draft of the guidance is slated for release in April, and after a 60-day public comment period, EPA plans to issue the final guidance in September. A copy of EPAs fact sheet describing the guidance is attached. A full copy of the draft guidance will be forwarded to the membership for review, when it is released in April. If you have questions or comments, please contact Mark Hoeke, AMSA at 202/833-9106 or mhoeke@amsa-cleanwater.org.
ATTACHMENT:
- Draft Anti-Degradation Guidance Fact Sheet (Please contact AMSA's National Office at 202/833-AMSA for a copy of this document)