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April 16, 1999
EPA Expects Mid-Summer TMDL Proposal
This week, AMSA met with EPA to discuss the status and content of the forthcoming total maximum daily loads (TMDLs) regulations, which the Agency expects to propose with accompanying guidance by the middle of this summer. EPA staff anticipate that the mid-summer proposal will allow the Agency to finalize the regulations by April 2000 — when the next round of 303(d) listings are due. EPA plans to push the listing deadline back to October 2000. EPA has, for the most part, concluded internal discussions, however, changes may still occur prior to proposal especially within the National Pollutant Discharge Elimination System (NPDES) component of the regulations. AMSA is tracking the TMDLs regulations' development because they are highly likely to impact POTWs across the country.Listing requirements for TMDLs will be driven by pollution as opposed to pollutants, a comprehensive approach that may capture habitat or water quantity impairments. By following this approach, the lists will account for all impairments from any source. The lists will be broken up into four parts: waters impaired by pollutants; waters where TMDLs have been approved but water quality standards have not yet been attained; waters impaired by pollution (TMDLs not required); and waters covered by statutory exemptions.
Significant developments have occurred in the data quality requirements for the TMDLs proposal, with EPA considering a procedure for determining the attainability of water quality standards. Although it is unclear whether non-attainability will be addressed in regulations or guidance, EPA's procedure would address the data's age, methods, sources, QA/QC and standards linkage. EPA intends to allow some flexibility in non-attainment determinations.
There are several NPDES issues for EPA still to consider in the TMDL regulations. The Agency's objectives are to ensure “reasonable further progress” as TMDLs come on-line and are reflected in permit limits. “Reasonable further progress” has not yet been defined, but EPA has consulted Clean Air Act language but may choose a less stringent approach. Offsets for new or significantly expanded discharges are being discussed as part of the NPDES component of the regulations, but final details have yet to be worked out. EPA also anticipates requirements to allow for future growth in TMDL-based permit limits.
AMSA Plays Key Role in White House Y2K Discussions . . . EPA, AMSA and other leading water quality organizations met today in Washington, DC with the President's Y2K Council Chief, John Koskinen. The White House was updated on the status of Y2K compliance in the water and wastewater industry. The meeting did much to allay Koskinen's initial concerns over the industry's preparedness.
Browner Takes Heat Over SRF Cut . . . Members of the House Appropriations Subcommittee on VA, HUD and Independent Agencies grilled EPA Administrator Carol Browner this week on the reasoning behind the $550 million dollar State Revolving Loan Fund (SRF) cut in the president's FY2000 budget. Browner defended the cut by saying the Agency had surpassed its commitment to the SRF by fully funding it at $2 billion in 2002, three years ahead of schedule. But Chairman James Walsh (R-N.Y.) said that funding cuts in such a high-need area conflict with EPA's consistently tougher standards and regulations.