Wet Weather Issues
AMSA Developing Draft Wet Weather Legislation
Background: AMSA is aggressively gearing up for the upcoming 106th Congress by taking the lead role in the development of a targeted wet weather bill to amend the Clean Water Act. The draft bill, entitled Urban Wet Weather Watershed Act of 1999, proposes changes to the Clean Water Act to provide a unified mechanism for management of urban wet weather flows, clarifies combined sewer overflows (CSOs), sanitary sewer overflows (SSOs), and municipal separate stormwater discharge requirements, and provides a total of $6 billion in funding for wet weather projects over three years. AMSA is working with the following groups in the development of the wet weather bill: the American Public Works Association (APWA), CSO Partnership, National League of Cities (NLC), National Association of Counties (NACo), National Association of Flood and Stormwater Management Agencies (NAFSMA), U.S. Conference of Mayors, CSO Partnership, Water Environment Federation (WEF), and Association of Metropolitan Water Agencies (AMWA).
Status: Comments on the draft legislation are were solicited from the membership via AMSA Legislative Alert LA 98-6. Comments on the draft legislation were submitted and are currently being incorporated into the bill. Final changes to the bill will made during a stakeholder meeting in late January or early February 1999. CONTACT: Greg Schaner, AMSA 202/296-9836.
Proposed Stormwater Phase II Regulations
Background: EPA's proposed stormwater phase II rule regulating stormwater discharges from small municipal separate sewer systems and small construction sites was published in the January 9, 1998 Federal Register. The proposed rule would require smaller municipalities within urbanized areas to apply for NPDES permit coverage by May 31, 2002 and implement a mix of best management practices to “reduce the discharge of pollutants to the maximum extent practicable and protect water quality.”
Status: EPA's Stormwater Phase II Advisory Committee held its final meeting on June 25-26, 1998 to discuss several issues raised during the comment period of the Phase II rule. EPA plans to develop additional technical guidance and fact sheets to assist in the implementation of the rule. EPA will not meet the March 1, 1999, court-ordered deadline to finalize the Stormwater Phase II regulation. The agency is negotiating an extension of the deadline with the Natural Resources Defense Council (with whom it has a consent decree) and reports the extension will be a matter of months, not years. CONTACT: George Utting, EPA 202/260-9530 or Mark Hoeke, AMSA 202/833-9106.
EPA to Reconvene SSO Federal Advisory Committee
Background: EPA is crafting a national framework to guide the Agency in revising regulations and guidance to address SSO permitting and enforcement issues. A federal advisory committee, made up of municipal (including AMSA), environmental, EPA, and state interests met from November 1994 to December 1996 to discuss framework and implementation issues. The Office of Wastewater Management (OWM) is currently developing a draft Federal Register notice that will include: 1) An interim policy statement addressing NPDES permit requirements for municipal sanitary sewer collection systems (the policy will clarify how existing ‘generic' standard NPDES permit conditions apply to municipal sanitary sewer collection systems); and 2) Proposed modifications to the NPDES regulations which would establish standard permit conditions specifically for municipal sanitary sewer collection systems. These standard permit conditions will address: reporting requirements for sanitary sewer overflows (SSOs); and a prohibition on discharges from municipal sanitary sewer collection systems.
Status: On Dec. 23, 1998, the Office of Water and the Office of Enforcement and Compliance Assurance jointly circulated a memorandum concerning draft policy and regulations clarifying NPDES permit requirements for municipal sanitary sewer collection systems and SSOs to EPA Regional Water Directors, and States for review. EPA plans on convening a meeting with its Regions in early February to discuss the draft policy and regulations. Subsequently, EPA intends to circulate the revised draft policy and regulations to its SSO Federal Advisory Committee for comment, with a followup meeting in April or May. A proposed Federal Register Notice is expected in June 1999.
Also, OWM has prepared a series of discussion papers to support discussions on these issues which have been distributed to the AMSA membership via Regulatory Alert RA 98-22. The discussion papers identify how municipalities can provide data to support the EPA's analysis. In December 1998, AMSA submitted comments on EPA's Sanitary Sewer Overflow (SSO) discussion paper titled, “Key Components of Operational, Maintenance, and Remediation Programs for Municipal Sanitary Sewer Collection Systems.” Comments on the other discussion papers are currently being collated by the National Office. CONTACT: Kevin Weiss, EPA 202/260-9524, or Mark Hoeke, AMSA 202/833-9106.