Publishes Stormwater Phase II Proposed Rule
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." Comments on the proposal are due to EPA by April 9, 1998.
Status: AMSA distributed
the proposal via Regulatory Alert RA 98-2. Comments from the membership
were requested to the National Office by February 27, 1998. CONTACT:
George Utting, EPA 202/260-9530 or Mark Hoeke, AMSA 202/833-9106.
NPDES General Permits for Storm Water Discharges
From Construction Activities
Background: On June 2,
1997, EPA published a proposed NPDES general permit for stormwater
discharges from construction activities. The proposed permit would
replace the existing NPDES general permits, most of which expired
in September 1997. Construction activities in undelegated NPDES
states (Alaska, Arizona, District of Columbia, Idaho, Maine, Massachusetts,
New Hampshire, and Puerto Rico), as well as in many Tribal lands
are affected.
Status: On February
17, 1998, EPA published a final NPDES general permit for stormwater
discharges from construction activities. The proposed new permits
are similar to the previous EPA general permit, with several changes.
The most significant changes include expanded conditions to protect
endangered and threatened species; new conditions to protect historic
properties; a new requirement to post a copy of the permit coverage
confirmation; clarification of who must be permitted and their
requirements; the requirement to submit a notice of permit termination
when construction is completed; and the ability to acquire permit
coverage for other construction dedicated industrial activities
(e.g. concrete batching plant) under one permit. CONTACT:
Bill Swietlik, EPA 202/260-9529 or Mark Hoeke, AMSA 202/833-9106.
Sanitary Sewer Overflow (SSO) Policy Framework
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 has been meeting
since November 1994 to discuss framework and implementation issues.
Status: EPA's program
and enforcement offices are continuing internal discussions on
several controversial issues such as providing an affirmative
defense for SSOs "beyond the reasonable control of an operator,"
wet weather facilities permitting, reporting (including public
notification), and minimum operations and maintenance. EPA plans
to reconvene advisory committee discussions, which have been on
hold since Dec. 1996, when there is a resolution of basic overall
issues within the agency. CONTACT: Kevin
Weiss, EPA 202/260-9524, or Mark Hoeke, AMSA 202/833-9106.
EPA Office of Water - Watershed Alternative
Policy
Background: EPA's Urban
Wet Weather Flows Advisory Committee (UWWFAC) has been working
for the past two years to develop a document titled, "A Watershed
Alternative for the Management of Wet Weather Flows." The
document is intended to express EPA's support for a process of
pursuing a watershed approach as an alternative to the traditional
NPDES permitting approach for meeting water quality standards
through control of individual wet weather point sources, and builds
upon EPA's previous watershed-related efforts.
Status: At an October 27th meeting of the Committee's Watershed Workgroup, EPA indicated its intent to issue this policy document, whether or not the FACA reaches consensus. At the meeting, a small group of caucus representatives came to general agreement on a few remaining issues. AMSA's priority issues were the incorporation of "proportionate share principles" (i.e., assigning responsibility for loading reductions based on the proportion of current loading contributions) into the document, and a discussion of "temporary modifications of standards," a form of variance that can be for multiple sources and pollutants that changes the standard for a limited period only (keeping the underlying standard otherwise in place) may be used where appropriate measures are in place to assure progress toward the attainment of the underlying water quality standards. Since the Oct. 1997 meeting, EPA has made changes to the "proportionate share" language, and deleted references to temporary modification of standards (EPA has convened an internal workgroup on this issue). The FACA workgroup is still discussing language changes with EPA. CONTACTS: Mark Hoeke, AMSA 202/833-9106 or Will Hall, EPA 202/260-1458.