Wet Weather Issues
EPA 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. AMSA’s National Office recently compiled member comments and submited them to EPA. The next meeting of EPA’s Stormwater Phase II Advisory Committee will be held on May 7-8, 1998 in Washington, DC. CONTACT: George Utting, EPA 202/260-9530 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 met from November 1994 to December 1996 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 December 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.