AMSA Regulatory Alert (RA 01-12)

To: Members & Affiliates
From: National Office
Date: August 17, 2001
Subject: EPA’s CSO WATER QUALITY STANDARDS GUIDANCE
Reference: RA 01-12

On August 10, 2001, the U.S. Environmental Protection Agency (EPA) released its long-awaited guidance on Coordinating CSO Long-Term Planning with Water Quality Standards Reviews. A copy of the fact sheet and Federal Register notice are attached. You can access the guidance document online at http://www.amsa-cleanwater.org/private/regalerts/ra01-12.cfm, as an attachment to this Regulatory Alert. The guidance was required by Congress under the AMSA-supported Wet Weather Water Quality Act of 2000. AMSA members have been concerned with the lack of progress by the states in reviewing their water quality standards (WQS) despite the pressure on POTWs to stay on a strict schedule for compliance with the CSO Control Policy. AMSA believes that although this guidance cannot actually require states to conduct WQS reviews, the document provides state authorities with more detailed procedures on acceptable methods to conduct such reviews.

The guidance outlines a process for integrating long-term combined sewer overflow (CSO) control actions with water quality standards (WQS) reviews. The document addresses a critical issue in CSO abatement and urban wet weather controls in general. That is, how can POTWs ensure that their investment in reducing overflows will achieve a standard that is meaningful during wet weather conditions? The guidance details the process to follow in conducting a use attainability analysis (UAA) for CSO receiving waters. The outcome of the UAA is important because it determines what types of refinements, if any, can be made to existing WQS and corresponding POTW requirements.


Increased Pressure on States to Conduct WQS Reviews is Anticipated
This document arrives at a time of increased pressure on states to conduct WQS reviews. Apart from the CSO program context, the National Research Council (NRC) recently advised EPA that existing WQS are overly broad and not adequately refined. According to the NRC report on the total maximum daily load program (TMDL), states should conduct WQS reviews prior to proceeding with their TMDLs. A copy of the NRC report on TMDLs is available by viewing AMSA’s Regulatory Alert RA 01-10 at http://www.amsa-cleanwater.org/private/regalerts/ra01-10.cfm.


Proposed Framework for Water Quality Standards Reviews
The heart of the guidance is a proposed step-by-step process (see guidance, page 38) for coordinating CSO controls with WQS reviews and revisions. The following steps are envisioned and further discussed in the guidance:

Step 1:
Issue permit requiring the implementation of nine minimum controls (NMCs) and long term control plan (LTCP) development.
Step 2:
Implement the NMC and evaluate their efficacy.
Step 3:
Establish a coordination team to oversee LTCP development and WQS review.
Step 4:
Agree on the data and analyses to support LTCP development and alternative evaluation, and WQS review.
Step 5:
Collect data and develop draft LTCP, with the public involved.
Step 6:
Review and accept draft LTCP and evaluate the attainability of WQS; implement and, through water quality monitoring, evaluate effectiveness of priority controls (e.g., for sensitive areas) and controls common to all alternatives.
Step 7:
Propose revisions and revise WQS, if needed.
Step 8:
Revise LTCP, as appropriate.
Step 9:
Review and approve LTCP, and modify permit.
Step 10:
Implement the LTCP.
Step 11:
Implement post-construction compliance monitoring to evaluate attainment of WQS.

The process outlined is most applicable for communities in the beginning stages of their LTCP development or implementation. It is unclear how the process may apply to cities which have nearly completed their LTCP-related work.

AMSA will continue to press EPA for greater progress on WQS reviews and to look for opportunities to encourage states to move forward aggressively in this area. Among the possibilities that AMSA will pursue are national WQS implementation plan and demonstration grant funds for states to conduct WQS reviews.

If you have any questions relating to this guidance, please contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.

 

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