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Wet Weather Issues

NPDES General Permits for Storm Water Discharges From Construction Activities

Background: On June 2, 1997 EPA published a proposed NPDES general permit for stormwater discharges associated with construction activity. The proposed permit would replace the existing NPDES general permits, most of which will expire in September 1997. Construction activities in undelegated NPDES states (Alaska, Arizona, District of Columbia, Idaho, Maine, Massachusetts, New Hampshire, New Mexico, and Texas), as well as in many Tribal lands are affected. The proposed new permits are similar to the existing permit, with several changes. The most significant changes include expanded conditions to protect endangered and threatened species; new conditions to protect historic properties; a new requirement to post a copy of the permit coverage confirmation and a brief description of the project; provide for public access to copies of a pollution prevention plan on the site, or in another nearby location; terms for construction activities transitioning from the existing permit; clarification of who must be permitted and their requirements; a streamlined permitting option for utility companies; the requirement to submit a notice of permit termination when construction is completed; the ability to acquire permit coverage for other construction dedicated industrial activities (e.g. concrete batching plant) under one permit; and pollution prevention plan performance objectives.

Status: AMSA submitted comments on the proposal on August 1. AMSA supported a streamlining option for utility companies which allows utilities to submit a single "special" Notice of Intent form which covers all construction activities performed at sites where the utility is a "partial operator." CONTACT: Bill Swietlik, EPA 202/260-9529 or Mark Hoeke, AMSA 202/833-9106.

EPA's Stormwater Phase II Advisory Subcommittee Discussions

Background: EPA is continuing a stormwater Phase II national policy dialogue with stakeholders through federal advisory committee meetings. AMSA has been actively involved in the Subcommittee which is expected to eventually guide EPA in proposed stormwater phase II rulemaking activities.

Status: EPA was granted an extension to publish proposed rules on the Stormwater Phase II program. The proposed rule is scheduled for publication in November 1997. The final rule deadline has not been extended and remains as a court-ordered deadline of March 1999. Also, due to pre-proposal requirements and impending deadlines, EPA canceled the June 12-13 meeting of the Stormwater Phase II Advisory Committee. EPA cited the process involved to satisfy requirements under the Small Business Regulatory Enforcement Fairness Act (SBREFA), completion of a cost benefit analysis, and an impending court-ordered deadline for a proposed Stormwater Phase II rule, as the major reasons for the cancellation. EPA will continue to convene the Advisory Committee after the rule is proposed in September 1997 to discuss comments on the proposed rule and implementation issues. CONTACT: Mark Hoeke, AMSA 202/833-9106, or George Utting, EPA 202/260-9530.

Sanitary Sewer Overflow (SSO) Policy Framework

Background: EPA is continuing a SSO policy dialogue with stakeholders through federal advisory committee meetings. AMSA has been actively involved in the Subcommittee discussions, which are expected to eventually guide EPA in policy-making activities regarding a sanitary sewer overflow policy or regulatory framework.

Status: Efforts at EPA are continuing to resolve internal headquarters and regional differences on proposed SSO policies developed by EPA's SSO Advisory Committee. Discussions are taking place in five areas: monitoring and reporting, operation and maintenance, affirmative defense, permitting strategy, and enforcement management strategy. Recently, AMSA received an EPA memo which highlighted revisions to draft boilerplate affirmative defense permit language, one of the major sticking points in headquarters and regional staff discussions. The affirmative defense language is intended to give operators some liability relief for those SSO events which are beyond the reasonable control of the operator. The current draft of this language is narrower than language which was previously discussed in EPA's SSO Advisory Committee. AMSA's SSO working group is preparing comments on the revised language. Also, EPA recently released a draft cost/benefit analysis for different scenarios of proposed SSO policy and regulatory revisions. EPA solicited comment on the draft document which includes a discussion of sanitary sewer operating characteristics, a discussion of causes and abatement of SSOs, a description of the cost model and model inputs, and resulting output of model runs. The National Office solicited member comments on the draft cost analysis via a June 18, 1997 Regulatory Alert RA 97-14. The document describes model inputs, and discusses cost model development of various SSO mitigation alternatives, including flow equalization storage, increased wet weather capacity, sanitary sewer system rehabilitation, as well as unit cost estimates for operation and maintenance. Seventeen case studies were used to calibrate the cost models. In addition to providing input on EPA's cost model methodology and assumptions used, members are encouraged to provide additional data to help calibrate EPA's final model. EPA's Advisory Committee is scheduled to meet once more when internal EPA differences have been resolved. No meeting date has been scheduled. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Kevin Weiss, EPA 202/260-9524.

EPA's Urban Wet Weather Flows Advisory Committee Activities

Background: The UWWFAC, chartered in May 1995, is responsible for "developing recommendations to address cross-cutting issues associated with the human health and environmental impacts of urban wet weather discharges (including storm water, combined sewer overflows, and sanitary sewer overflows) in an innovative and cost-effective manner." The UWWFAC is composed of EPA, state regulatory, environmental, municipal government, industrial, business development, and local wastewater agency interest groups. AMSA has been actively involved in the Committee, and its workgroups.

Status: The UWWF advisory committee held its latest and potentially last plenary meeting on July 28-29, 1997. The Committee is expected to continue its work through small workgroups. Below is a summary of current Committee activities. CONTACTS: Mark Hoeke, AMSA 202/833-9106 or Will Hall, EPA 202/260-1458.

Table 2 - UWWFAC Activities



Committee Activities


EPA Action Taken or Expected
Watersheds: Watershed Policy

Watersheds: Monitoring Recommendations

Water Quality Standards: Wet Weather Standards Recommendations

Stormwater: Phase I Reapplication Requirements

Stormwater: Interim Policy on BMPs in Lieu of Numeric Standards

Stormwater: No Exposure Incentive

Stormwater: Expanded General Permit Notice of Intent

Stormwater: Database on BMP Effectiveness

Stormwater: Definition of Maximum Extent Practicable

Stormwater: Phase I Enforcement

Stormwater: Background Sources

Policy (Fall 1997)

Guidance (Fall 1997)

Proposed Rule on WQS

Policy Issued (5/17/96) [RA96-15]
Policy Issued (8/1/96) [RA96-18]

Proposed Rule (Fall 1997)

Proposed Rule (Fall 1997)

Database Availability (1/31/98)

Guidance to be Issued (1/31/98)

Guidance or Policy (9/30/97)

Guidance or Policy (9/30/97)


  • Watershed Policy: The Committee has been working for the past two years to develop a document titled, "A Watershed Alternative for the Management of Wet Weather Flows." The document is intended to express EPA's support for a process of pursuing a watershed approach as an alternative to the traditional NPDES permitting approach for meeting water quality standards through control of individual wet weather point sources, and builds upon EPA's previous watershed-related efforts. Consensus on the watershed alternative was not reached as municipal groups urged EPA to adopt language supporting "proportionate share responsibility" within the document. Small workgroup meetings will be held to pursue consensus within the coming months.

  • Watershed Monitoring Recommendations: These recommendations will supplement the Watershed Alternative document by providing guidance on the development of watershed-based monitoring strategies.

  • Wet Weather Standards Recommendations: Some committee members are uncomfortable with applying national water quality criteria, derived from bioassays based on steady-state exposures, to wet weather conditions, which are characterized by discontinuous exposures. A number of other issues have been raised regarding objectives, the applicability of standards, and how standards should be implemented in wet weather NPDES permits. The Water Quality Standards workgroup of the Advisory Committee met on April 1-3, 1997 to discuss four issue areas: (1) designated uses, (2) chemical criteria, (3) habitat and biological criteria, and (4) implementation of standards. The workgroup came to some general agreement on the need to better refine chemical-specific water quality criteria to address wet weather situations. At the July 28-29, 1997 meeting, the Committee discussed whether EPA should transmit a letter to Regions and States "reminding" them of the CSO policy implementation language that stipulates "development of the long-term plan should be coordinated with the review and appropriate revision of WQS...." EPA agreed to develop a letter which discusses a broad suite of CSO implementation issues, including review and revision of water quality standards. Also, a letter to the Administrator recommending that the refinement of chemical-specific water quality criteria be a top priority for the Agency was abandoned in early June as Committee members could not agree on the letter's content.

  • No Exposure Incentive: The Committee has developed criteria for determining whether an industrial facility has "no exposure" to stormwater under the Phase I stormwater program. These facilities which are defined as having "no exposure" would reduce NPDES permit requirements to a one-time, or annual certification of "no exposure". Industrial interests on the Committee had major concerns with the latest EPA draft. EPA hopes to propose a change to the Phase I regulations in Fall 1997.

  • Expanded General Permit Notice of Intent (NOI) Form: The Committee has developed an expanded industrial NOI form which allows the public to obtain more information on an industrial facility's potential impact on stormwater runoff. EPA expects to have expanded NOI form ready in September 1997, when existing general permits expire.

  • Database of Best Management Practices (BMP) Effectiveness: The Committee is currently tracking progress of a cooperative EPA/ASCE project on the effectiveness of BMPs. Existing literature on stormwater BMPs and performance data are being compiled and compared. Also, software is being developed which will assist future BMP effectiveness research by defining the parameters which need to be assessed when evaluating BMP performance. A beta version of the software should be available in the late Fall 1997.

  • Definition of Maximum Extent Practicable (MEP): The Committee is developing a process by which the term "MEP" can be clarified or defined so that Phase I requirements for MS4s are clear and consistent. EPA expects that it can issue guidance on the definition in January 1998, and has indicated its desire to develop performance standards to quantify MEP in January 1999 (see discussion of performance standards in Phase II Stormwater Committee). During the January 1997 meeting, the Committee discussed several outcomes of the Committee's MEP workgroup. Significant areas of agreement were reached on several issues, including: (1) MEP is viewed as the technology standard (rather than a technology-based standard), (2) MEP should be viewed as a "process" and not so much as an endpoint (i.e., numeric effluent limitations), (3) MEP is one way to get to water quality attainment, which is the ultimate goal, (4) MEP is a minimum performance requirement for municipalities under CWA §402(p), (5) EPA should put out guidance along these lines, to help permit writers and permittees, and (6) the MEP process should be applicable to Phase II communities. Continued work on MEP is scheduled for Fall 1997.

  • Background Sources: The Committee is discussing issues concerning background sources of pollution (i.e., air deposition and run-on) that may contribute to point source stormwater discharges and/or contribute to point source discharge violations. The Committee may eventually recommend a permitting policy to EPA.

    AMSA to Conduct CSO Permit Negotiation Workshop

    AMSA will sponsor a one and a half day workshop this fall designed to assist publicly owned treatment works (POTWs) with the negotiation of combined sewer overflow (CSO) permits. The AMSA CSO Permit Negotiation Workshop, to be held Sept. 25-26, 1997, in Cincinnati, Ohio, will allow AMSA members to share information and experiences regarding the CSO permitting process. The workshop will allow POTWs that have completed permitting negotiations to assist other agencies with the varying interpretations of the policy through case study examples and general tips. The workshop agenda is currently under development by AMSA staff and members of the Association's Wet Weather Issues Committee. The workshop is scheduled to begin with an overview of CSO policy, with an emphasis on what the "CSO policy is and what it is not." The overview will be followed by an update on the status of national implementation, with an examination of permits that have been issued, enforcement activities, compliance with the nine minimum controls and performance plans. An overview of the permitting process will focus on the planning, scope and implementation of long-term control plans with an emphasis on meeting both technology and water quality-based requirements. Sessions on monitoring will characterize CSO impacts and the efficacy of CSO controls, and look at long-term compliance with water quality standards. Other sessions will provide an in-depth examination of compliance with water quality standards, negotiated permitted bypasses, implementation of nine minimum controls and enforcement. An advanced notice of the workshop, and accompanying draft agenda was forwarded to the membership via Member Update, MU 97-14. CONTACT: Mark Hoeke, AMSA 202/833-9106.