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White House Budget Office Consults AMSA on SSOs
On August 8, AMSA met with White House Office of Management & Budget (OMB) officials to discuss issues relating to the U.S. Environmental Protection Agency's (EPA) soon-to-be-proposed sanitary sewer overflow (SSO) regulations. Members of AMSA's leadership provided OMB officials with further information on the implications of Clean Water Act permitting alternatives for satellite collection systems that convey wastewater to regional agencies for treatment. AMSA and OMB also discussed peak excess flow facilities as management options for SSOs and further clarifications to the general prohibition of SSOs. As a result of the meeting, AMSA gained considerable ground in ensuring changes to the proposal that will aid municipalities in effectively implementing the SSO rule, once it is finalized.
October SSO Proposal Expected
OMB has nearly completed its review of EPA's SSO proposal, which is expected to be released in October. As the rule nears proposal, finding an appropriate permitting structure for satellite collection systems has emerged as a daunting issue. EPA and OMB are seeking a way to avoid imposing unnecessary burdens upon permitting authorities or regional wastewater treatment agencies while ensuring that all collection systems are covered by National Pollutant Discharge Elimination System permits. The alternatives range from individually permitting every collection system within a regional sewerage authority to applying one “unified” permit to all jurisdictions within a regional agency's service area.AMSA Recommends Flexibility for Regional Agencies
AMSA representatives recommended that wastewater treatment agencies should make the determination on the appropriate permitting structure for the collection systems within their regions. EPA's draft proposal currently gives this discretion to permitting authorities. The best permitting approach will vary depending largely upon local agreements and jurisdictions, AMSA told OMB officials, and regional sewerage authorities are in the best position to make the determination. States, given the option and faced with a growing permit backlog, would likely favor the unified approach because it would simplify the permit issuance procedure.The Association representatives also informed OMB that requiring a unified permit for all the jurisdictions within a regional sewerage authority might spur unnecessary litigation due to the limited legal authority of most regional agencies.
EPA Considers 'Joint Permit' Concept
To respond to AMSA's concerns, EPA officials put forward the concept of a “joint” permitting structure, which would both simplify the permitting process and clarify the responsibility and liability concerns of the individual jurisdictions that comprise regional sewerage authorities.AMSA will continue to engage EPA and OMB on the SSO proposal, providing further information as warranted. AMSA members will be informed of developments as they occur through Regulatory Alerts, AMSA's Clean Water News, weekly FaxAlerts and AMSA's web site, www.amsa-cleanwater.org.