Member Pipeline - Regulatory - Alert (RA 00-11)
To:
Members & Affiliates
From:
National Office
Date:
May 11, 2000
Subject:
EPA Proposed Sanitary Sewer Overflow (SSO) Regulations (Comparison Paper)
EPA/OECA Compliance and Enforcement Strategy for CSOs and SSOsReference:
RA 00-11
The U.S. Environmental Protection Agency (EPA) recently released two documents addressing wet weather issues of major concern to AMSA members. On May 1, EPA provided AMSA with an advanced copy of the Proposed SSO Regulations (see attached). On April 27, EPA's Office of Enforcement & Compliance Assurance (OECA) issued its final Compliance and Enforcement Strategy for CSOs and SSOs (see attached). Both documents will be the subject of extensive discussion at the AMSA's National Environmental Policy Forum & 30th Anniversary Annual Meeting in Washington, DC on May 20-24.
Proposed SSO Regulations - Comparison Paper
In preparation for the release of EPA's proposed SSO regulations, the Agency distributed an advance copy to key stakeholders, including AMSA, to obtain early feedback. The text of the regulations is contained in EPA's Comparison Paper, which shows all changes made to the language following the October 20, 1999 agreement between the members of the SSO Subcommittee in Williamsburg, VA (refer to Regulatory Alert RA 99-20). Please note that the text may change prior to the official release of the rule, and the preamble is unavailable at this time.The Comparison Paper includes regulatory text addressing the following areas: municipal satellite collection systems; standard permit conditions; capacity, management, operation and maintenance (CMOM) programs; prohibited discharges; and reporting, public notification and recordkeeping. The Comparison Paper does not include language addressing peak excess flow treatment facilities and watershed management, which will be included in the preamble of the proposed rule. EPA is constrained by the Federal regulatory process from sharing preamble text with the public prior to official authorization by the Administrator.
EPA held a conference call on May 2 with SSO Subcommittee members to answer questions about the Comparison Paper and provide an update on the release of the rule. EPA noted that the most significant additions to the regulatory text from the October 1999 version are the inclusion of a definition of “sanitary sewer overflow” (see §122.42(g)(1), page 12) and permit conditions for “small collection systems” (see §122.42(e)(4)). AMSA participants stressed that the SSO Subcommittee members agreed to a negotiated package only, and that this prior support does not indicate in any way a binding commitment by the Subcommittee as a whole or individual members to the proposed rule. EPA emphasized it has been the Agency's intent throughout the development of the proposed rule to stay consistent with the Williamsburg agreement, and that the rule will not suggest final commitment from the SSO Subcommittee members. Given the importance to AMSA of the watershed management and peak excess flow treatment facilities papers, which will not be available for review until the regulations are released, EPA's acknowledgment that the SSO Subcommittee must still review and sign off on the final package is critical.
According to EPA, the proposed rule is undergoing the final stages of review in the Office of Management & Budget (OMB). EPA asked OMB to expedite its review in order to meet last year's Presidential Directive to release proposed regulations by May 31, 2000. If OMB review proceeds as planned and is completed by early May, the rule will be signed by the Administrator on May 31. EPA is planning a 90-day comment period beginning after the date of publication in the Federal Register in early June. The Agency announced that a final SSO Subcommittee meeting will be held on September 26 - 29, 2000. During the conference call, EPA heard concerns from a number of Subcommittee members that the timing of the meeting, after the public comment period has expired, will seriously undermine the opportunity to offer constructive comments on the proposed rule text. The Agency responded that it is constrained by regulations to receive all public comments first, prior to holding a meeting, but that options will be explored.
Upon the release of the proposed regulations, AMSA will be conducting a comprehensive review of the package through the Wet Weather Committee and SSO Workgroup. In addition, AMSA will be discussing the proposed rule extensively at the upcoming National Environmental Policy Forum & 30th Anniversary Annual Meeting on May 20-24 in Washington, DC. The proposed rule is included on the agenda for discussion at the Wet Weather Issues Committee meeting (May 21, 1:00 - 3:00 pm), the Legislative & Regulatory Strategy Briefing (May 21, 3:15 - 4:45 pm), and the Legal Affairs Committee meeting (May 23, 1:30 - 4:30 pm).
The National Office is interested in receiving any preliminary comments you have at this point, recognizing that the text is not final and the preamble is not yet available. Please feel free to contact Greg Schaner at 202/296-9836 or by e-mail at gschaner@amsa-cleanwater.org with any comments or questions.
EPA/OECA Compliance and Enforcement Strategy for CSOs and SSOs
EPA is stepping up its enforcement efforts on combined sewer overflows (CSOs) and SSOs through the issuance on April 27 of OECA's Compliance and Enforcement Strategy for CSOs and SSOs. The Strategy calls for EPA Regions to develop within 60 days a Compliance and Enforcement Response Plan which ensures that “CSO and SSO violations are properly addressed.”The CSO portion of the strategy requires each Region to establish a timetable for ensuring that all CSO communities are under an enforceable permit or administrative order requiring compliance with the nine minimum controls and completion of a long-term control plan. Enforcement actions will be taken according to several pre-set priorities, including: (1) eliminating dry weather overflows; (2) nine minimum controls implementation and development of long-term control plan; (3) correcting noncompliance with permits or past enforcement actions. Further emphasis should be based on the impact of CSO discharges on receiving waters including the requirement to prioritize areas with beach and shellfish bed closures, source water protection areas, impaired watersheds, and other sensitive areas.
The SSO strategy calls for Regions to “inventory” all SSO violations and target 20 percent of “priority” systems on a yearly basis. The strategy calls for the completion of the initial inventory by July 28, 2000. and suggests the use of any available tools to tally the violations. The strategy indicates that the Regions should use the full range of enforcement options to “ensure that the appropriate remedy is undertaken by the permittee or municipality to correct all SSO problems.” Priorities will be placed on SSOs in “priority watersheds” or in areas where the receiving waters are “impaired”, and/or in “environmental justice areas”, as well as other sensitive areas. The strategy emphasizes the use of Region IV inspection guidance as an inventory and enforcement response tool. If you are interested in receiving copies of this guidance by e-mail, please contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.
The strategy acknowledges the ongoing development of SSO regulations and suggests that each Region revise its SSO Response Plan accordingly when the regulations are available. However, AMSA remains concerned that the release of a national strategy at this time will be inconsistent with the draft and final regulations, especially in relation to compliance standards, timetables, and other regulatory milestones that will be contained in the rule. In March, AMSA wrote EPA Administrator Carol Browner to express concern with the premature timing of the strategy and its likely conflicts with pending new SSO regulations.
AMSA will be discussing the strategy with OECA officials at the upcoming National Environmental Policy Forum & 30th Anniversary Annual Meeting in Washington, DC on May 20-24. The strategy will be the focus of discussion at the May 21 meeting of the Wet Weather Issues Committee and the May 23 meeting of the Legal Affairs Committee.
If you have any questions or comments, please contact Greg Schaner at 202/296-9836 or by e-mail at gschaner@amsa-cleanwater.org.
Attachments:
SSO Proposed Regulations Comparison Paper (PDF Format) April 27, 2000 EPA Memorandum on Compliance and Enforcement Strategy Addressing Combined Sewer Overflows and Sanitary Sewer Overflows (PDF Format)
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