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April 21, 2000
House Committee Consults Stakeholders on Wet Weather Bill
House Subcommittee on Water Resources & the Environment staff consulted this week with the U.S. Environmental Protection Agency (EPA), states, environmental groups, AMSA and other municipal and water quality stakeholders on assembling an urban wet weather bill with targeted regulatory fixes and funding for the full array of urban wet weather flows, which include sanitary sewer overflows (SSOs), combined sewer overflows (CSOs) and stormwater. House staff received input from all sides that confirmed the soundness of AMSA's approach, which has been to seek targeted fixes to the full range of wet weather regulations coupled with funding. House staff will likely seek a bill that addresses all aspects of urban wet weather through statutory clarification and funding. A possible option for accomplishing this is by folding the key CSO, SSO and stormwater provisions of H.R. 3570 — the Urban Wet Weather Priorities Act of 2000 — into the CSO-only bill that has a large number of cosponsors — H.R. 828. The current SSO provisions in H.R. 828 would likely be replaced with language from H.R. 3570.
While the Natural Resources Defense Council (NRDC) will not support any wet weather legislation this session, EPA was concerned that SSO language in H.R. 3570 could delay or derail its upcoming SSO proposal. But the Agency suggested language that would clarify the SSO prohibition by defining “unavoidable” in a way that dovetails with the SSO proposal. Mike Cook, EPA director of the Office of Wastewater Management, suggested that liability concerns could be addressed by defining the adequate capacity or “feasible alternatives to discharge” in a POTW's permit. EPA also offered language that would address numeric water quality standards in municipal stormwater permits. Encoding the 1994 CSO Policy raised little concern among stakeholders. Questions remained only around how best to encode the CSO Policy's long-term compliance schedules.
States' concerns focused on the possible establishment of a wet weather grants program. Such a program might interfere with the State Revolving Loan Program (SRF) and delay improvements, state representatives said, by prompting local governments to use the loan program only after applying for grants. States did not have any significant concerns with the regulatory changes proposed.
While there is a high level of interest in addressing wet weather regulatory relief provisions contained in H.R. 3570, minority staff suggested that it may seek a broader legislative package that includes wetlands and nonpoint source pollution provisions. Discussions will continue with the Subcommittee and stakeholders on the best approach, and AMSA's May Conference in Washington, DC will provide an opportunity to gain further support within Congress for wet weather legislation that reflects AMSA's concerns.
Register Today for AMSA's 2000 National Environmental Policy Forum & 30th Anniversary Meeting. A special agenda has been developed for the meeting, which will be held May 20-24, 2000 in Washington, DC. The program will focus on past and future AMSA achievements. Be sure to make hotel reservations by April 28, 2000, to ensure the special rate of $165 single/double at the Marriott at Metro Center, 202/737-2200. Additional information was mailed to the membership. To register online or to check the latest conference and program information, visit AMSA's web site, http://www.amsa-cleanwater.org/mtgs/may00/may00.cfm.