Wet Weather Issues
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: On Oct. 6-7, EPA’s Stormwater Phase II Federal Advisory Committee met to discuss EPA’s soon to be published, proposed Stormwater Phase II rule. The proposal outlines a program to regulate all small municipal separate storm sewer systems located within any incorporated place, county, or place under jurisdiction of a governmental entity within a U.S. Census-designated "urbanized area," and small construction sites from one to five acres. The Committee discussed several remaining issues with the proposal. Municipalities, including AMSA, were especially concerned with the addition of language to the proposal requiring permittees to attain water quality standards, even if urban stormwater is not the sole source of impairment. EPA indicated to the committee that it may be willing to reword the proposal to state that permittees are only responsible for their contributions to water quality impairment. The committee also discussed EPA’s draft cost/benefit analysis, which estimated a total annual national cost of the proposed rule from $111 to $436 million. Committee members blasted EPA for inaccurately modeling the cost of the phase II program, citing that the cost-model does not reflect the cost of complying with a Phase II permit as defined in the proposal, does not include monitoring costs, inaccurately applies per capita costs from Phase I cities, excludes capital cost of equipment, as well as applying several other inadequate assumptions. EPA plans to revise and solicit additional comments on the cost/benefit analysis when the rule is proposed. The proposed rule is currently being reviewed by the Office of Management and Budget, and is expected to be signed by the Administrator on November 25, 1997. The rule is scheduled to be finalized March 1, 1999, with permit applications due for small municipalities no earlier than May 31, 2002. EPA plans to reevaluate the rule after two permit cycles in the year 2012. CONTACT: Mark Hoeke, AMSA 202/833-9106, or George Utting, EPA 202/260-9530.
Sanitary Sewer Overflow (SSO) Policy Framework
Background: EPA is developing a national SSO policy with stakeholder involvement 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: EPA Headquarters, EPA Regional offices, and the Department of Justice are continuing internal discussions on several controversial issues such as boilerplate affirmative defense and wet weather facilities. EPA is currently drafting separate policy memoranda on public notification of SSOs, reporting of SSOs, and minimum operational requirements to control SSOs (affirmative defense and wet weather facilities are expected to be addressed in the minimum operational measures memorandum). Once these memoranda have "buy-in" from EPA’s program office, its enforcement office, regional offices, and the U.S. Department of Justice, EPA will reconvene the FACA discussions. A draft of the memorandum on public notification was recently leaked to the trade press and is currently undergoing review by the operator caucus FACA workgroup. CONTACT: Kevin Weiss, EPA 202/260-9524, or Mark Hoeke, AMSA 202/833-9106.
EPA’‘s UWWF Advisory Committee - Watershed Alternative Policy Moves Forward
Background: EPA’s Urban Wet Weather Flows Advisory Committee (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 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. At an Oct. 27th meeting of the Committee’s Watershed Workgroup, EPA indicated its intent to issue this policy document, whether or not the FACA reaches consensus. At the meeting, a small group of caucus representatives came to general agreement on a few remaining issues. AMSA's priority issue was the incorporation of "proportionate share principles" (i.e., assigning responsibility for loading reductions based on the proportion of current loading contributions) into the document. The final drafts of the policy to which everyone agreed included the following language: "...EPA urges participants, including regulatory authorities in a Watershed Alternative process to develop and implement management activities, including NPDES permit requirements, that are based on the principle of proportionate share responsibility." EPA plans to revise and recirculate the document to the full Committee for review and acceptance within the next few weeks. CONTACTS: Mark Hoeke, AMSA 202/833-9106 or Will Hall, EPA 202/260-1458.
CSO Permit Negotiation Workshop
Background: The AMSA CSO Permit Negotiation Workshop was held on September 25-26, 1996, at the Omni Netherland Hotel in Cincinnati, Ohio. The workshop was convened to allow AMSA members and others to share information and experiences regarding the CSO permitting process.
Status: More than 125 registrants attended the 1½ day workshop. Sessions on the status of national implementation, nine minimum controls, long-term compliance with water quality standards, negotiated permitted bypasses, and enforcement were highlighted throughout the conference. A final workshop summary report will be distributed to the attendees and other interested organizations in late November. Additional copies of workshop materials, and audio tapes of the sessions are available for a fee from the National Office. CONTACT: Mark Hoeke, AMSA 202/833-9106.