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 discussion legislation are were solicited from the membership via AMSA Legislative Alert LA 99-2. 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 early March 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 and NRDC have negotiated an extension of time for finalizing the Phase II Stormwater Rule. The date for signature by the EPA Administrator has been extended from March 1, 1999 to October 29, 1999. The settlement agreement includes several commitments made by EPA to assuage NRDC concerns regarding implementation of the regulation. These commitments include the following within a year from the date of the final rule: 1) development of a model permit; 2) development of a menu of Best Management Practices (BMPs); and 3) development of guidance on measurable goals. AMSA is also preparing to submit a letter to EPA recommending clarification of language to allow regional authorities to have the ability to coordinate permit activities for a group a Phase II municipalities similar to Phase I program. 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. A meeting of regional and state representatives was held in early February to discuss EPA's draft approach and regulations. A subset of the meeting attendees will consider alternative approaches and analyze options during the next two months. A follow up regional/state meeting is scheduled for April 28 in Washington, DC. EPA plans to begin sharing its draft approach with the SSO Federal Advisory Committee at the end of May 1999, and plans to reconvene the FACA at the end of July 1999. A fact sheet on the proposed language indicates that EPA is proposing to:
- clarify long-term objectives for system capacity and O&M that account for risk and are technically supportable/achievable;
- clarify transitional expectations and requirements for systems that must make significant capital improvement;
- require permits prohibit SSOs and provide a closely circumscribed framework (analogous to the bypass provision) for evaluating the specific circumstances of an event to identify exceptional incidents when the NPDES authority will not bring enforcement to define interim and long-term capacity requirements and O&M objectives; and,
- require permits for discharges from excess wet weather flow treatment facilities must include effluent limitations based on secondary treatment requirements or more stringent water quality-based effluent limitations.
Water Quality Guidance for CSO Receiving Waters
Background: Under the 1994 CSO policy, EPA urged states to coordinate the development of local long-term CSO planning with the review and appropriate revision of water quality standards and implementation procedures to ensure that the long-term controls will be sufficient to meet water quality standards. However, after almost five years since the agreement, and with half the CSO communities currently in the long-term planning process, only two states (Maine and Massachusetts) have conducted coordinated water quality standards reviews with long-term CSO planning. In report language accompanying the 1999 VA, HUD, & Independent Agencies spending bill, congressional appropriators urged EPA to “(1) develop, after a period for public comment, a guidance document to facilitate the conduct of water quality and designated use reviews for CSO-receiving waters; (2) provide technical and financial assistance to states and EPA regions to conduct these reviews; and (3) submit a report to the relevant authorizing and appropriations committees of the House and Senate by December 1, 1999 on the progress of meeting the requirements set forth above.”
Status: EPA is in the process of formulating a workplan to develop this guidance document. Informational interviews are being conducted among EPA, states, and contractors, to determine the best approach for developing a problem statement, identifying funding sources and contract vehicles, and initiating a completed workplan. By the end of February 1999, EPA plans to organize an internal EPA workgroup that includes some limited involvement from States. As an adjunct to the internal workgroup, EPA plans to organize an external advisory group (not under the Federal Advisory Committee Act), to foster the gathering of data, ideas, and implementation issues related to standards for CSO-receiving waters. EPA believes that the external group could meet one or two times, and provide valuable input into the development of the guidance. AMSA has informally requested participation on the external advisory group. CONTACT: Ross Brennan, EPA 202/260-6928 or Mark Hoeke, AMSA 202/833-9106.
EPA Poised to Issue Memorandum Clarifying Tech-Based Requirements and Enforcement Issues for CSOs
Background: To address internal Agency differences regarding whether the Combined Sewer Overflow (CSO) policy's nine minimum controls meet technology-based standards of the Act, EPA is poised to issue a memorandum clarifying appropriate technology-based standards as applied to CSOs, as well as clarifying enforcement issues related to water quality standards. The 1994 CSO Control Policy requires that permittee's “immediately implement BAT/BCT, which at minimum includes the nine minimum controls, as determined on a BPJ basis by the permitting authority.” While the policy acknowledges that nine minimum controls are a minimum standards, the memorandum reportedly clarifies that EPA and states, should evaluate options beyond the nine minimum controls when deciding appropriate BAT/BCT requirements. The memorandum also reportedly acknowledges that, in general, water quality-based controls based upon long-term control plans developed by municipalities, will likely be more stringent than any additional controls (beyond the nine minimum controls) required to meet technology-based standards. The memorandum also discusses the relationship between CSO permitting and enforcement issues. The memorandum reportedly emphasizes that enforcement remedies need to be consistent with permit requirements, and that they must also be consistent with water quality standards. If water quality standards are to be imminently revised so that standards will be less stringent, the memorandum states that enforcement remedies based upon revised standards should be acceptable, in lieu of designing compliance solutions based upon existing standards.
Status: The memorandum was reportedly signed by both the Office of Water and the Office of Enforcement and Compliance Assurance, in late January, however, the Department of Justice is currently reviewing the memorandum prior to its final release. CONTACT: Ross Brennan, EPA 202/260-6928 or Mark Hoeke, AMSA 202/833-9106.
Conference Announcement & Call for Papers: “Tools for Urban Water Resource Management and Protection... A National Conference,” February 7-10, 2000, The Westin Michigan Avenue, Chicago, Illinois. This national conference is being cosponsored by the U.S. EPA Office of Wastewater Management, U.S. EPA Region V, and the Northeast Illinois Planning Commission. The timing of this conference coincides with the anticipated release of the Phase II NPDES Stormwater Program final rules later in 1999, and will provide participants with practical, applied information on the most effective tools and technology for meeting NPDES permit requirements. Conference topics will emphasize the Phase II Program's six priorities: public education, public involvement, detection and elimination of illicit discharges, construction site runoff control, post-construction stormwater management, and pollution prevention for municipal operations. Although a majority of the conference presentations will be made by invited authors, a limited amount of program space has been reserved for contributed papers that are directly relevant to the conference theme and RESULTS-ORIENTED. To be considered for the conference program, authors should submit an abstract of 300-400 words that succinctly describes their project and approach. All abstracts must be received by no later than March 1, 1999, with notification of acceptance/rejection scheduled for April 15. To submit an abstract, or to be placed on the distribution list for future conference announcements and semi-final program mailings, please contact: Bob Kirschner, Natural Resources Department, Northeastern Illinois Planning Commission, 222 S. Riverside Plaza, Suite 1800, Chicago, Illinois, 60606; telephone: 312/454-0401, ext.303; fax: 312/454-0411; or email: bobkirs@nipc.org.