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REGULATORY UPDATE
February 1997

Since the AMSA Board of Directors Meeting at the September 1996 Leadership Retreat, AMSA's regulatory initiatives have focused on tracking developments within the Environmental Protection Agency, technical programs for the membership, and providing comments to notice in the Federal Register and other EPA guidance/policy. The following information will bring you up-to-date on the status of various regulatory and technical issues affecting the AMSA membership.

Air Quality Issues

EPA ISSUES FINAL RULE ON RISK MANAGEMENT PROGRAM FOR CHEMICAL ACCIDENTAL RELEASE PREVENTION

Section 112(r)(7) of the Clean Air Act, as amended, required EPA to promulgate by November 15, 1993, reasonable regulations and appropriate guidance to provide for prevention and detection of accidental releases of chemicals and for response to such releases. The regulations require the owner or operator of stationary sources at which a regulated substance is present to prepare and implement a risk management plan (RMP) that must include a hazard assessment that evaluates the potential effects of an accidental release of any regulated substance and must also include a five-year accident release history.

EPA promulgated a final RMP rule on June 20, 1996. The final rule outlines EPA's tiering approach for imposing requirements based upon: (1) the potential for offsite consequences associated with a worst-case accidental release; (2) accident history; and (3) applicable compliance with prevention requirements under OSHA's Process Safety Management (PSM) Standard. Regulated sources have three years (June 21, 1999) to comply with the RMP requirements. EPA has suggested that funding may be available to develop a model RMP for wastewater facilities.

POTWS TO BE EXCLUDED AS SOURCE CATEGORY UNDER MACT STANDARDS

On October 31, a senior EPA official confirmed that the Agency is considering a plan to exclude POTWs as a source category under Clean Air Act maximum achievable control technology (MACT) standard development. It appears that EPA's current thinking is based largely on support information provided by AMSA member agencies. EPA has been working with AMSA for several years to characterize emissions of hazardous air emissions (HAPs) from POTWs, identify control measures, and identify potential major sources of HAPs. This indication from EPA represents a significant and promising development for AMSA as EPA is seriously taking under advisement AMSA's finding that very few potential major POTW sources exist and the development of MACT standards for POTWs is not warranted. If EPA issues a proposed rule excluding POTWs from MACT standards in January 1997, a final rule could conceivably be issued by late summer 1997. AMSA members should be aware that it remains possible that POTWs may still face regulation as area sources under an urban area air emission control mechanism. Similarly, EPA also has indicated plans to move sewage sludge incinerators from coverage under the Clean Air Act's Section 112 (Hazardous Air Pollutants) to Section 129 (Solid Waste Combustion). AMSA will continue its discussions with OAQPS, and keep members apprised of this ongoing development. The proposed rule addressing POTW coverage for MACT standards development is scheduled to appear in the Federal Register in February 1997.

EPA TO ISSUE NOTICE OF ADDITIONAL INFORMATION - SECTION 129 CONTENTS FOR SEWAGE SLUDGE INCINERATORS

EPA published in the January 14, 1997 Federal Register a notice of additional information (NAI) under Section 129 of the Clean Air Act establishing new source performance standards and emission guidelines for new and existing solid waste incineration units including units that incinerate municipal sewage sludge. The NAI announces the Agency's intent to delist sewage sludge incinerators from coverage under Section 112 and include them under Section 129. The standards and guidelines are to specify numerical emission limitations for the following substances: particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. In addition, the standards and guidelines are to include requirements for emissions and parameter monitoring and provisions for operator training and certification. According to an internal EPA memorandum and draft Federal Register notice, the Agency has decided that sewage sludge incinerators would be more properly regulated under Section 129 rather Section 112 (maximum achievable control technology). When EPA published an ANPRM for the Section 129 rulemaking on December 28, 1994, sewage sludge incinerators were not included among the listed solid waste incinerators. The date for final promulgation remains at November 15, 2000. AMSA' s Incineration Workgroup is concerned whether EPA has the legal authority to regulate them as a category under Section 129. A meeting of the Incineration Workgroup will be held in Cleveland, Ohio on January 22, 1997 to discuss concerns with the EPA action and to develop AMSA comments during the 60 day public comment period.

AMSA COMMENTS ON PROPOSED TEST METHODS ON STATIONARY INTERNAL COMBUSTION ENGINES AND GENERAL INFORMATION COLLECTION PLAN

Under the Clean Air Act Amendments of 1990, EPA is required to regulate large or "major" industrial facilities that emit one or more of 189 hazardous air pollutants (air toxics). On July 16, 1992, EPA published a list of industrial source categories that emit one or more of these hazardous air pollutants. For listed industrial categories of "major" sources (those that have the potential to emit 10 tons/year or more of a listed pollutant or 25 tons/year or more of a combination of pollutants), EPA is required to develop standards for these sources that will require the application of stringent controls, known as maximum achievable control technology (MACT).

On September 6, 1996 AMSA submitted comments on EPA's proposed general information collection plan under the Integrated Combustion Coordinated Rulemaking (ICCR) process. AMSA is concerned about the proposed range of test methods to source test hazardous air pollutant emissions from stationary internal combustion engines, as well as other issues. The ICCR Coordinating Committee met on January 9-10, 1997 in Washington, DC. EPA plans to conduct a major information collection request (ICR) within the next couple of months from industry sectors with combustion equipment, including POTWs. AMSA continues to work with EPA during the ongoing development of this information collection plan.

Biosolids Management Issues

NUCLEAR REGULATORY COMMISSION DEVELOPING POTW RADIOACTIVITY SURVEY

Plans are underway by NRC and EPA to conduct a national survey of radiation levels in biosolids and ash during 1996 and 1997. NRC is currently developing a Federal Register notice scheduled for publication in Spring 1997. The results of this larger survey could lead to NRC/EPA rulemaking to further control the concentration of radionuclides discharged to POTWs by NRC licensees. Any rulemaking arising rom the survey is expected to apply additional restrictions to NRC licensed industries and businesses that discharge radioactive materials into sewer systems, but will not be used for enforcement purposes by either NRC or EPA. The results of the survey could also be used to determine whether POTWs should be given more authority to impose local limits or controls on NRC licensees discharging into their sewer systems. Survey information will also be used to further develop NRC/EPA guidance for POTWs to help them characterize sources of radioactivity, describe sampling and analysis procedures, and advise them on appropriate responses for addressing the presence of radioactive material in their biosolids. AMSA's Biosolids Management Committee has reviewed a draft OMB clearance scope of work, and has determined that the survey will be helpful to provide such background on discharges from POTWs.

ANTICIPATED PROPOSED RULE ON STREAMLINING THE STATE SEWAGE SLUDGE MANAGEMENT REGULATIONS

EPA's Office of Wastewater Management is looking at ways to revise the current State sludge program regulations to provide more flexibility to states requesting authorization. EPA has distributed two drafts of proposed changes to Regions, States, and other stakeholders. The streamlined regulations are intended to ease the sludge program authorization process for States. A proposal for streamlined regulations is expected in January 1997. In a recent development, EPA officials have discussed the possibility of developing general sludge permits as a mechanism for encouraging adoption of state programs, and for fulfilling EPA's obligation as the biosolids permitting authority in all but one state (Utah).

EPA DEVELOPING AMENDMENTS TO ROUND I FINAL SEWAGE SLUDGE USE OR DISPOSAL

EPA is amending the Round I Final Sewage Sludge Use or Disposal Regulations in two phases. Phase I was published as a proposed rule in the October 25, 1995 Federal Register and suggested additional amendments to the regulations and the General Pretreatment Regulations in order to clarify existing regulatory requirements and provide increased flexibility to permitees and permit authorities. Phase II will address issues presented by judicial remand of specific requirements in the final rule and modify technical and implementation requirements. Some of the issues that may be addressed include: certification requirements, land application (time of biosolids application requirement), pollutant limits for molybdenum and selenium, and measuring temperature in lieu of measuring THC for incineration. EPA had also discussed modifying the THC operational standard for sewage sludge incinerators. EPA expects to finalize Phase I, Round I sewage sludge use or disposal amendments, as well as propose Phase II, Round I amendments in March 1997.

REGION V DRAFT INCINERATION PERMIT ON HOLD PENDING FINALIZATION OF ROUND I, PHASE I TECHNICAL AMENDMENTS TO SEWAGE SLUDGE RULE

EPA Region V draft sludge incinerator permit for the Metropolitan Council of Environmental Services (MCES) in St. Paul, MN, which raised the concerns of AMSA and other sludge incinerator operators this past fall is currently on hold pending finalization of Round I, Phase I technical amendments to the sewage sludge rule. The draft permit would be the first of its kind for EPA Region V and contains language that goes far beyond the requirements outlined within the Part 503 sewage sludge regulation, including a prohibition of emergency bypass stacks. It is expected that Region V will incorporate comments from AMSA and others in the operator community into the next proposed MCES draft permit, which will be circulated for public comment.

AMSA-WEF TO ISSUE NATIONAL INVENTORY OF BIOSOLIDS BENEFICIAL USE ACTIVITIES

AMSA, in cooperation with WEF, and others undertook the development of an inventory of the beneficial use of biosolids in the U.S. The inventory will provide baseline information on biosolids beneficial use practices, state regulations and significant implementation issues. The project will also produce a summary report for distribution. It is anticipated that this inventory will be maintained to help respond to inquires for information regarding beneficial use practices and projects. During the development of the regulations for the use and disposal of biosolids, EPA reviewed extensive world-wide data, including findings from field trials and laboratory experiments on the human health and environmental impacts for the use or disposal of biosolids. Information gathered from these field trials and biosolids sites demonstrates no environmental degradation or human health impacts when used in accordance with federal criteria. Applications of biosolids have resulted in increased soil fertility due to additions of macro and micro nutrients, increased organic matter content of the soil, and increased moisture delivery to the ecosystem. There were no documented negative human health impacts when the biosolids that have meet all of the federal regulations have been applied under good management practices. The report is intended to be a "snapshot" of biosolids practices and regulations, to be compared with future updates as an aid in evaluating the progress in promoting beneficial use and implementing the Part 503 Rule. The report is expected in early Spring 1997 and will be available to the membership at that time.

Comprehensive Watershed Management Issues

EPA'S NATIONAL WATERSHED ASSESSMENT PROJECT

EPA's Office of Water and its many public and private partners are using joint information to characterize the conditions of the 2,150 watersheds in the continental United States. Results of the assessment will be posted on EPA's Internet "Surf Your Watershed" Web site via maps and 2-page summary assessments for each watershed. AMSA learned recently that preliminary results of the project, have highlighted POTWs as a major source of noncompliance and watershed impairment. EPA has been working to develop an algorithm which depicts watershed conditions using a variety of data sources. AMSA met with key EPA officials on December 19, 1996 to discuss the data algorithms, preliminary results, and how AMSA can provide additional input to watershed characterization efforts. One critical issue is the quality of data used and its presentation to the general public. EPA indicated its need for input in these areas. AMSA also discussed receiving preliminary results of individual watershed profiles prior to public release. The National office will coordinate with members who wish to receive preliminary watershed profiles for comment. AMSA members will be able to provide additional data via "hot links" to EPA's Web site. EPA plans to complete Phase I of the project by April 1997.

TMDL COMMITTEE FORMS WORKGROUPS TO ADDRESS ISSUES

Due to the number of lawsuits being filed by environmental groups against EPA and states which have not met TMDL development/implementation requirements under CWA Section 303(d), EPA continues to develop a broad strategy to reinvent the TMDL process. EPA has formed a federal advisory committee of stakeholder interests to develop recommendations concerning needed changes to the agency's TMDL program implementation strategy, as well as TMDL-related policies, guidance, regulations and priorities. AMSA is represented on the Committee and has formed an internal TMDL working group to help identify priority issues among AMSA member agencies. During the first meeting of EPA's TMDL Advisory Subcommittee, participants established sub-categories for four primary TMDL issues, (1) listing of impaired waters, (2) criteria for EPA approval of state TMDLs, (3) management of TMDL programs, and (4) science and tools, and identified issue areas within these primary categories. Workgroups of the committee have been formed. Cheryl Creson, AMSA's spokesperson on the Subcommittee is participating in the "listing workgroup." FACA workgroup conference calls on the issues are being held during the month of January to discuss key topics. The next advisory committee meeting will be held in Galveston, Texas, Feb. 19-21, 1997, and will address listing, and science and tools workgroup issues

DRAFT FRAMEWORK FOR WATERSHED BASED TRADING INTERNALLY DEBATED AT EPA

On June 10, 1996 EPA officially released a draft effluent trading framework document detailing information on the types of trading that can occur within a watershed, such as point-point source, intra-plant, pretreatment, point-nonpoint source and nonpoint-nonpoint source. The document lists eight principles of effluent trading that pollutant sources must follow in order to meet water quality standards. EPA offices are internally discussing their concerns, as well as comments received on the framework including those from AMSA, and will solicit additional stakeholder input through public meetings, potentially in Spring 1997.

Facilities Financing Issues

CHECKLIST COMPANION REPORT TO BE RELEASED IN ORLANDO

AMSA's Privatization Workgroup has completed its companion report to the highly successful, "Evaluating Privatization: An AMSA Checklist." The new publication, titled, "Managed Competition: Developing and Responding to RFQs & RFPs," is scheduled for release during the Association's February 1997 Winter Conference, Evaluating Privatization II: Reinventing Clean Water Services in a Competitive Environment. The report addresses necessary preparation for managed competition and relationships with elected officials, employees, the public and the media. It also examines the development of RFQs/RFPs, responding to RFQs/RFPs, and evaluating offers.

AMSA'S 1996 FINANCIAL SURVEY

AMSA's Facilities Financing Committee distributed AMSA's 1996 Financial Survey form via Member Update MU 96-8 on March 17, 1996. The 1996 survey is expected to provide member agencies with valuable information concerning data and trends regarding the funding, needs, and rate structures of member agencies nationwide. A final report will be produced by the Facilities Financing Committee for the membership by March 1997.

1995-96 AMSA INDEX INCREASE LOWER THAN INFLATION RATE

The Facilities Financing Committee analysis of the residential service charge survey indicates that the percent increase in the AMSA Index from 1995 to 1996 is lower than the inflation rate for the first time in the Index's 11-year history. The Committee plans to discuss these results and whether this is an initial indication of an industry trend during its meeting in Orlando. Survey results are expected to be published in the 1996 AMSA Financial Survey.

NPDES Permit Issues

EPA PROPOSES RULE ON NPDES STREAMLINING

In response to President Clinton's February 21, 1995 Reinventing Government directive, EPA proposed a comprehensive rulemaking package on December 11, 1996 revising certain NPDES requirements. Proposed revisions for Round II include: (1) allowing general permits to cover multiple categories of discharges, thus, increasing the ability of general permits to cover currently unregulated sources, and streamline reissuance procedures of general permits where no changes in permit conditions are anticipated; (2) allowing permit writers not to require permit limits for all effluent guideline listed pollutants under certain circumstances; (3) removal of stormwater group application requirements; (4) streamlining permit terminations procedures; and, (5) revising Part 124 evidentiary hearing procedures. Comments on the proposed rule are due to EPA by February 10, 1997

EPA'S REVISION OF THE DEFINITION OF SNC TO INCLUDE VIOLATIONS OF NON-MONTHLY AVERAGE LIMITS

EPA's Office of Enforcement & Compliance Assurance (OECA) in mid-October 1995 transmitted to the Regional Water Directors a draft memorandum describing the Agency's new Significant Noncompliance (SNC) definition. The draft memorandum indicates that EPA will require permittees utilizing non-monthly average limits to meet the same SNC definition that is used for permits based on monthly averages. Under the new definition, the two violations per six month standard will apply to both monthly and non-monthly sampling periods. Additionally, the memorandum adds a caveat to the new definition: "When a [permit] parameter has both a monthly average and a non-monthly average limit, a facility would only be considered in SNC for the non-monthly limits if the monthly average is also violated to some degree (but less than SNC)." Comments were forwarded to EPA in early July. AMSA's leadership discussed this issue with Steve Herman, EPA's Assistant Administrator for OECA during its leadership meeting on September 23-24. Though EPA did not feel the need to reevaluate the revised policy as AMSA recommends, EPA did agree to work with AMSA on implementation issues. AMSA plans to schedule additional meetings with OECA officials to discuss this and other issues of concern.

EPA ENHANCING OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE PERFORMANCE MEASURES STRATEGY

EPA's Office of Enforcement and Compliance Assurance (OECA) will hold a public meeting February 3, 1997 to discuss innovative approaches for measuring the success of the agency's enforcement program, and currently seeking written comment on the effort. To date, OECA has convened an interagency "Measures of Success" Workgroup; developed and implemented a Case Conclusion Data Sheet to gather new types of information about completed cases; developed and implemented a reporting measure for compliance assistance activities; and, realigned single-media data bases to enable reporting of enforcement data by industry sector. The National Performance Measures Strategy for Enforcement and Compliance Assurance is designed to enhance the current program assessment method of counting the number of inspections conducted, penalties assessed and number of civil and criminal legal cases initiated. The effort is being initiated to support previous efforts to improve OECA's performance measurement that were conducted following reorganization of the agency's enforcement office in 1993.

The performance measures strategy will rely on stakeholder consensus to develop a set of national measures, along with the necessary short- and long-term steps needed to implement them. Following the initial public meeting in February, OECA officials plan to meet with "sets of stakeholders: during the year, and with other federal regulatory and law enforcement officials to learn about their performance measures approaches. OECA also plans to hold a conference with a cross-section of stakeholders towards the end of the process in October 1997 to identify areas of agreement and unresolved issues, and follow up the conference with a report of findings, with an implementation plan and schedule. The public meeting notice was forwarded to members via Regulatory Alert RA 97-1. Member comments were requested by January 28, 1997.

Pretreatment & Hazardous Waste Issues

AMSA /EPA WORKING COOPERATIVELY TO DEVELOP STREAMLINED PRETREATMENT PROGRAM REQUIREMENTS

EPA is considering several simplifying changes to the pretreatment program that would reduce the current burden to POTWs and industrial users. These potential changes include exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants, clarification of requirements for implementing pretreatment standards, and more flexible reporting, inspection and sampling requirements. A workshop developed and sponsored by AMSA and WEF to guide EPA's efforts to streamline the national pretreatment program was held on August 10-14, 1996 in Leesburg, Virginia. The recommendations of the workshop were discussed during the AMSA-EPA Pretreatment Coordinators' Workshop, Nov. 6-8 in Miami, Fl. EPA plans to circulate a preliminary draft of the proposed rule to regional/state offices in January 1997. AMSA will have an opportunity to review and comment on this document following Agency-wide input to the pre-proposal. AMSA and WEF forwarded proposed regulatory language to EPA in mid-December 1996 on the redefinition of Significant Industrial Users (SIUs) and Significant Noncompliance (SNC). A proposal is expected in the June 1997 Federal Register.

AMSA/EPA 1996 PRETREATMENT COORDINATORS WORKSHOP

The third annual AMSA/EPA Pretreatment Coordinators Workshop was held on November 6-8, 1996. This joint forum brought together considerable expertise from local and state governments, and EPA regions and Headquarters to discuss opportunities to enhance the current and future direction of the national pretreatment program. More than 250 registrants attended the 3-day workshop. Discussion topics for the joint AMSA/EPA workshop included sessions on EPA pretreatment program updates, alternative control mechanisms to national effluent guidelines, special considerations and control mechanisms for developing local limits, overview of AMSA/WEF August 1996 pretreatment streamlining workshop, regional breakouts, and excellence and innovation in pretreatment and pollution prevention. Proceedings were distributed at the workshop. Supplemental materials will be available in February 1997 for Workshop participants. The 1997 Pretreatment Coordinators' Workshop will be held at the Norfolk Waterside Marriott in Norfolk, Virginia, November 5-7, 1997.

AMSA CONDUCTING FOLLOW UP PERFORMANCE MEASURES STUDY

As a follow up to AMSA's 1994 Pretreatment Performance Measures Report to EPA, the National Office in mid-December 1995, submitted a project proposal to EPA for consideration to better define performance measures in site-specific, tangible terms, and how the measures can be implemented to assess pretreatment program performance to achieve the greatest environmental benefits. The firms of Apogee Research, Inc., and Woolpert are providing the National Office with technical assistance.

Preliminary results of five case studies on the use of performance measures were presented to attendees of the 1996 AMSA/EPA Pretreatment Coordinators' Workshop. Recommendations are being developed to describe how the existing and additional measures could be used for program oversight. A progress report was sent to EPA in November 1996. The project is expected to be completed in February 1997.

AMSA TO FINALIZE TOXIC RELEASE INVENTORY (TRI) WHITE PAPER

As a result of AMSA's mid-October meeting with the Environmental Working Group (EWG) concerning allegations presented in the EWG and Public Interest Research Group's (PIRG) publication, "Dishonorable Discharge: Toxic Pollution of America's Waters," AMSA is completing its white paper of TRI issues which it had begun in 1995. The white paper will assess the TRI program's ability to accurately inform communities of the risks of toxic chemical exposure and, where necessary, to offer potential remedies. The paper will also assess the accuracy of the current TRI reporting program, and analyze the contribution of TRI chemicals to the environment from POTWs. AMSA expects to complete the white paper by February and distribute its findings to EPA, EWG, PIRG, and other interested parties.

Water Quality Issues

EPA DEVELOPING WET IMPLEMENTATION STRATEGY

On September 24-26, 1996, EPA held a post-Pellston stakeholders' meeting for reviewing WET implementation issues. The stakeholders' meeting is part of a series of initiatives designed by the EPA, in collaboration with AMSA and others, to make any appropriate "mid-course" adjustments reflecting the science underlying WET, as well as to better support ongoing WET implementation. The meeting drew over 150 participants from EPA Headquarters, Regions, states, POTWs, industry, academia, and consultants who were charged with developing a series of options for EPA to consider on WET implementation. Breakout sessions addressed issues relating to water quality criteria/standards, exposure assumption, NPDES permits, and compliance and enforcement. EPA will take the options from each of the breakout sessions and determine which ones can be implemented in the short term via policy, guidance, and any requisite training/outreach for permit writers and the regulated community, and those which require regulatory changes. AMSA recently forwarded to EPA a copy of a proposed approach to implement a tiered narrative compliance program. The draft WET Implementation Strategy is scheduled for distribution in February 1997.

AMSA COMMENTS ON EPA'S ANPRM ON THE PROPOSED REVISIONS TO THE WATER QUALITY STANDARDS REGULATION

EPA released its interim draft ANPRM in mid-March 1996 to all interested parties, including AMSA, for comment over a two month period ending in early May 1996. EPA received 69 sets of comments in all, and is moving forward with the ANPRM, which is scheduled for publication in the Federal Register by Spring 1997. After publication, EPA plans to hold a series of public meetings to discuss the ANPRM with interested stakeholders. AMSA has organized internal review workgroups to lead the membership's review of the proposal when it is published.

Wet Weather Issues

EPA'S URBAN WET WEATHER FLOWS ADVISORY COMMITTEE ACTIVITIES

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 in an innovative and cost-effective manner."

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.......................................................................

Stormwater: Phase I/Phase II Integration...........................................................


Policy (Spring/Summer 1997)

Guidance (Spring/Summer 1997)

Proposed Rule on WQS

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

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

Proposed Rule (9/1/97)

Proposed Rule (9/30/97)

Database Availability (1/31/98)

Guidance to be Issued (1/31/98)

Guidance or Policy (9/30/97)

Guidance or Policy (9/30/97)

Prop. Rule on Phase II (9/1/97)

During the recent January 9-10 meeting, municipal caucus members, and other Committee members expressed significant concerns regarding revisions drafted by EPA in a January 3rd version of the watershed policy. The Committee was concerned that the revised text of the policy did not adequately characterize the flexibility of watershed approaches, and was too focused on traditional "command/control" approaches. The Committee abandoned the revised January 3rd version of the document developed by EPA and will continue work on the policy using previous versions of the document. Also, during the January meeting, the Committee discussed several outcomes of the Committee's Phase I Stormwater Maximum Extent Practicable (MEP) sub-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. The Committee's MEP working group expects to draft guidance which incorporates these agreement areas by the Committee's next meeting scheduled for April 1997.

REGIONS OPPOSE DRAFT EPA SSO POLICY FRAMEWORK

At the most recent EPA SSO Advisory Subcommittee meeting on December 16-17, officials from EPA Headquarters discussed the negative feedback it received from four of the six EPA Regions which commented (Regions I, III, IV, V, VI, and , VII) on EPA's, "Draft Sanitary Sewer Overflow (SSO) and Sanitary Sewer Operation, Maintenance and Management Framework." The draft framework is EPA's second attempt at putting together a regulatory framework for controlling discharges from sanitary sewer collection systems, and pulls together separate issue papers which have been discussed and negotiated among members of EPA's SSO Advisory Subcommittee during the past two years. EPA Headquarters intends to work internally with its Regions over the next several months to develop Regional consensus support for the draft policy. Prior to the December meeting, AMSA and other municipal groups developed "operator caucus" comments on the framework. Generally, the operator group supported the framework's approach, however, significant concerns were raised regarding several issues, which AMSA and other operator groups discussed with the full Committee during the Dec. 16-17, 1996 meeting. The next meeting is scheduled for April 21-22, 1997.

EPA's Stormwater Phase II Federal Advisory Subcommittee met on December 11-13, 1996 to discuss EPA's recently distributed second draft Stormwater Phase II rule outline (Nov. 15) and draft preamble (Nov. 22) language. EPA's proposal outlines a program to regulate all municipalities which operate a separate sanitary sewer system within urbanized areas, eliminating "donut holes", which concern many AMSA members. Also, the requirements for construction site permitting are proposed to be expanded to include all sites from ½ acre to 5 acres (the Phase I program requires permitting for sites over 5 acres). The proposal includes minimum requirements for municipal stormwater programs under Phase II which include planning/implementation requirement to address: (1) public involvement/education and outreach on stormwater impacts, (2) public participation, (3) illicit connection and discharge detection and elimination, (4) construction site sediment and erosion control, (5) post construction storm water management in new development and re-development, (6) pollution prevention/good housekeeping of municipal operations, (7) evaluation and assessment of municipal programs. AMSA submitted its comments on the proposal as part of a comprehensive set of a municipal/operator caucus comment document submitted to EPA on January 13, 1997. Major comments expressed by AMSA include: (1) support for scope of municipal/industrial coverage in the proposed Phase II program, (2) concerns regarding the regulation of construction sites down to ½ acre, (3) oppose references to enforceable performance standards for both stormwater discharges and stormwater management measures, (4) oppose references linking the responsibility for monitoring of ambient water quality to local governments, (5) oppose a proposal to delegate permitting responsibilities of Phase II industrial/commercial sources to local governments, and (6) support for the concept of regulating municipal construction and municipal industrial activity under one MS4 permit.

AMSA COMPLETES OUTREACH ON CSO PERFORMANCE MEASURES REPORT

Follow up activities to the report performed in cooperation with EPA in 1996 included the development of case studies on the use of performance measures and conducting regional workshops to promote the use of performance measures. Five regional workshops attended by over 250 participants were conducted in October and November, and a summary report on the results of the workshops was distributed to member CSO communities and EPA in early January.