Wet Weather Issues
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 associated with construction activity. The proposed
permit would replace the existing NPDES general permits, most
of which will expire in September 1997. Construction activities
in undelegated NPDES states (Alaska, Arizona, District of Columbia,
Idaho, Maine, Massachusetts, New Hampshire, New Mexico, and Texas),
as well as in many Tribal lands are affected. The proposed new
permits are similar to the existing 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 and a brief description of the project; provide for
public access to copies of a pollution prevention plan on the
site, or in another nearby location; terms for construction activities
transitioning from the existing permit; clarification of who must
be permitted and their requirements; a streamlined permitting
option for utility companies; the requirement to submit a notice
of permit termination when construction is completed; the ability
to acquire permit coverage for other construction dedicated industrial
activities (e.g. concrete batching plant) under one permit; and
pollution prevention plan performance objectives.
Status: AMSA submitted
comments on the proposal on August 1. AMSA supported a streamlining
option for utility companies which allows utilities to submit
a single "special" Notice of Intent form which covers
all construction activities performed at sites where the utility
is a "partial operator." CONTACT: Bill Swietlik,
EPA 202/260-9529 or Mark Hoeke, AMSA 202/833-9106.
EPA's Stormwater Phase
II Advisory Subcommittee Discussions
Background: EPA is continuing a stormwater Phase II national policy dialogue with stakeholders through federal advisory committee meetings. AMSA has been actively involved in the Subcommittee which is expected to eventually guide EPA in proposed stormwater phase II rulemaking activities.
Status: EPA was granted
an extension to publish proposed rules on the Stormwater Phase
II program. The proposed rule is scheduled for publication in
November 1997. The final rule deadline has not been extended and
remains as a court-ordered deadline of March 1999. Also, due to
pre-proposal requirements and impending deadlines, EPA canceled
the June 12-13 meeting of the Stormwater Phase II Advisory Committee.
EPA cited the process involved to satisfy requirements under the
Small Business Regulatory Enforcement Fairness Act (SBREFA), completion
of a cost benefit analysis, and an impending court-ordered deadline
for a proposed Stormwater Phase II rule, as the major reasons
for the cancellation. EPA will continue to convene the Advisory
Committee after the rule is proposed in September 1997 to discuss
comments on the proposed rule and implementation issues. CONTACT:
Mark Hoeke, AMSA 202/833-9106, or George Utting, EPA 202/260-9530.
Sanitary Sewer Overflow
(SSO) Policy Framework
Background: EPA is continuing
a SSO policy dialogue with stakeholders through federal advisory
committee meetings. AMSA has been actively involved in the Subcommittee
discussions, which are expected to eventually guide EPA in policy-making
activities regarding a sanitary sewer overflow policy or regulatory
framework.
Status: Efforts at EPA are continuing to resolve internal headquarters and regional differences on proposed SSO policies developed by EPA's SSO Advisory Committee. Discussions are taking place in five areas: monitoring and reporting, operation and maintenance, affirmative defense, permitting strategy, and enforcement management strategy. Recently, AMSA received an EPA memo which highlighted revisions to draft boilerplate affirmative defense permit language, one of the major sticking points in headquarters and regional staff discussions. The affirmative defense language is intended to give operators some liability relief for those SSO events which are beyond the reasonable control of the operator. The current draft of this language is narrower than language which was previously discussed in EPA's SSO Advisory Committee. AMSA's SSO working group is preparing comments on the revised language. Also, EPA recently released a draft cost/benefit analysis for different scenarios of proposed SSO policy and regulatory revisions. EPA solicited comment on the draft document which includes a discussion of sanitary sewer operating characteristics, a discussion of causes and abatement of SSOs, a description of the cost model and model inputs, and resulting output of model runs. The National Office solicited member comments on the draft cost analysis via a June 18, 1997 Regulatory Alert RA 97-14. The document describes model inputs, and discusses cost model development of various SSO mitigation alternatives, including flow equalization storage, increased wet weather capacity, sanitary sewer system rehabilitation, as well as unit cost estimates for operation and maintenance. Seventeen case studies were used to calibrate the cost models. In addition to providing input on EPA's cost model methodology and assumptions used, members are encouraged to provide additional data to help calibrate EPA's final model. EPA's Advisory Committee is scheduled to meet once more when internal EPA differences have been resolved. No meeting date has been scheduled. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Kevin Weiss, EPA 202/260-9524.
EPA's Urban Wet Weather
Flows Advisory Committee Activities
Background: The UWWFAC, chartered in May 1995, is responsible for "developing recommendations to address cross-cutting issues associated with the human health and environmental impacts of urban wet weather discharges (including storm water, combined sewer overflows, and sanitary sewer overflows) in an innovative and cost-effective manner." The UWWFAC is composed of EPA, state regulatory, environmental, municipal government, industrial, business development, and local wastewater agency interest groups. AMSA has been actively involved in the Committee, and its workgroups.
Status: The UWWF advisory committee held its latest and potentially last plenary meeting on July 28-29, 1997. The Committee is expected to continue its work through small workgroups. Below is a summary of current Committee activities. CONTACTS: Mark Hoeke, AMSA 202/833-9106 or Will Hall, EPA 202/260-1458.
Watersheds: Watershed Policy Watersheds: Monitoring Recommendations Water Quality Standards: Wet Weather Standards Recommendations Stormwater: Phase I Reapplication Requirements Stormwater: Interim Policy on BMPs in Lieu of Numeric Standards Stormwater: No Exposure Incentive Stormwater: Expanded General Permit Notice of Intent Stormwater: Database on BMP Effectiveness Stormwater: Definition of Maximum Extent Practicable Stormwater: Phase I Enforcement Stormwater: Background Sources |
Policy (Fall 1997)
Guidance (Fall 1997) Proposed Rule on WQS
Policy Issued (5/17/96) [RA96-15]
Proposed Rule (Fall 1997) Proposed Rule (Fall 1997) Database Availability (1/31/98) Guidance to be Issued (1/31/98) Guidance or Policy (9/30/97) Guidance or Policy (9/30/97) |
AMSA to Conduct CSO
Permit Negotiation Workshop
AMSA will sponsor a one and a half day workshop this fall designed to assist publicly owned treatment works (POTWs) with the negotiation of combined sewer overflow (CSO) permits. The AMSA CSO Permit Negotiation Workshop, to be held Sept. 25-26, 1997, in Cincinnati, Ohio, will allow AMSA members to share information and experiences regarding the CSO permitting process. The workshop will allow POTWs that have completed permitting negotiations to assist other agencies with the varying interpretations of the policy through case study examples and general tips. The workshop agenda is currently under development by AMSA staff and members of the Association's Wet Weather Issues Committee. The workshop is scheduled to begin with an overview of CSO policy, with an emphasis on what the "CSO policy is and what it is not." The overview will be followed by an update on the status of national implementation, with an examination of permits that have been issued, enforcement activities, compliance with the nine minimum controls and performance plans. An overview of the permitting process will focus on the planning, scope and implementation of long-term control plans with an emphasis on meeting both technology and water quality-based requirements. Sessions on monitoring will characterize CSO impacts and the efficacy of CSO controls, and look at long-term compliance with water quality standards. Other sessions will provide an in-depth examination of compliance with water quality standards, negotiated permitted bypasses, implementation of nine minimum controls and enforcement. An advanced notice of the workshop, and accompanying draft agenda was forwarded to the membership via Member Update, MU 97-14. CONTACT: Mark Hoeke, AMSA 202/833-9106.