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.