Search

Wet Weather Issues


AMSA to Testify on Wet Weather Bill

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 worked in cooperations 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: Lobbying efforts have begun with the objective of getting the bill introduced within the next few weeks. AMSA has been invited to participate in a June 22 hearing of the House Water Resources & Environment Subcommittee on wet weather and funding issues. Bill Schatz, General Counsel for the Northeast Ohio Regional Sewer District and AMSA's Vice Chair of the Legislative Policy Committee, will be providing testimony on behalf of AMSA. The Subcommittee is particularly interested in the AMSA-led Urban Wet Weather Priorities Act of 1999, which staff consider to be the type of targeted, bi-partisan supported legislation favored over more comprehensive re-writes. The decision to focus the hearing on these issues is indicative of the strong relationship the Association has developed with Congress over the past several years. In support of AMSA's testimony, members responded to a mini-survey to provide the National Office with useful material on how the bill will benefit municipalities. In addition, members represented by House Subcommittee members sent letters of support for the bill to each Representative During AMSA's May 1999 National Environmental Policy Forum, members met with their Congressional delegation urging support of the bill, providing valuable information on likely sponsors. 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 is scheduled to promulgate final stormwater regulations by October 29, 1999. CONTACT: George Utting, EPA 202/260-9530 or Mark Hoeke, AMSA 202/833-9106.

EPA Releases Outline of Proposed Regulations on SSOs

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: During AMSA's May 22-26, 1999 National Environmental Policy Forum in Washington, DC, EPA released four papers outlining draft regulations for municipal sanitary sewer collection systems. On May 22, AMSA's Wet Weather Issues Committee was briefed by EPA on the papers and draft regulations, and members were given the opportunity to provide feedback to EPA throughout the five-day meeting. The U.S. Environmental Protection Agency (EPA) is developing a Federal Register notice to provide guidance, policies and propose regulations to clarify National Pollutant Discharge Elimination System (NPDES) requirements for municipal sanitary sewer collection systems and sanitary sewer overflows (SSOs). The Federal Register notice will have four major objectives:

  1. Standard Permit Conditions - Propose standard NPDES permit conditions to clarify requirements for municipal sanitary sewer collection systems. The standard permit conditions, which will be required in all NPDES permits for publicly-owned treatment works (POTWs) or sanitary sewer collection systems will address:
    1. Record keeping and reporting requirements for SSOs;
    2. Public notification requirements for SSOs;
    3. Capacity assurance, management, operation and maintenance requirements for municipal sanitary sewer collection systems; and,
    4. A prohibition on SSO discharges to waters of the United States (but describing circumstances where a discharge may be exempted from enforcement action or where an affirmative defense can be claimed for a discharge beyond the operator's control)
  2. Municipal Satellite Collection Systems - Propose regulations that clarify that satellite municipal sewer collection systems are to obtain NPDES permit coverage. Satellite municipal collection systems are collection systems that do not treat and discharge their wastewater. Rather, satellite municipal collection systems convey flows to a treatment facility where the NPDES permittee is a different municipal entity.
  3. Emergency Overflow Structures - Propose regulations that provide criteria for evaluating the location of constructed emergency overflow structures for municipal sanitary sewer collection systems; and,
  4. Additional Issues - Provide clarifying policy and/or guidance statements on additional issues, including: existing requirements for reporting SSOs; how secondary treatment regulations should be applied to permits for infrequent, noncontinuous discharges from peak excess flow treatment facilities serving sanitary sewer collection systems; and when non-municipal satellite collection systems that introduce sewage, industrial wastes or other pollutants into a POTW may be regulated under the NPDES permit program, pretreatment program, and/or local requirements.

An internal EPA/State SSO work group with representatives from Regional Offices and over 15 States has developed draft regulations for municipal sanitary sewer collection systems. EPA has scheduled a public meeting with the SSO Federal Advisory Committee (FAC) for July 28 and 29 at the Madison Hotel in Washington, DC. AMSA has two designated representatives on the SSO FAC, and a total of six member agencies represented. The SSO FAC is comprised of representatives from environmental groups, health officials, public works agencies municipal officials, wastewater professionals, States, and EPA. EPA hopes to formally propose regulations by the end of 1999. AMSA plans to convene a meeting of the municipal/operator caucus of the SSO FAC on June 30 to discuss concerns on EPA's draft proposals. In the meantime, conference calls with the SSO FAC have been scheduled to discuss some of the substantive issues with the draft rules. CONTACT: Kevin Weiss, EPA 202/260-9524, or Mark Hoeke, AMSA 202/833-9106.

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 developing a guidance document to facilitate the conduct of water quality and designated use reviews for CSO receiving waters. EPA has hosted three meetings in the month of May with stakeholder groups, including municipalities. An EPA staff document titled "Question/Issues on the Impediments/Solutions to the Implementation of the WQ-Based Provisions of the CSO Policy" was the basis for the discussions (see AMSA Regulatory Alert RA 99-5). Separate meetings for municipalities, regional and state permitting authorities, and environmentalists, were held at each location. During the meetings, municipalities stressed the lack of cost/benefit analysis for water quality in developing CSO long-term control plans, as most municipalities have been compelled by EPA and States to develop plans based upon financial capability, i.e. 2 percent median income. Municipalities also highlighted state and local resource issues, political impediments, and the lack of EPA guidance in the water quality standards review process, as it relates to wet weather, as major obstacles for developing reasonable CSO water quality goals. EPA will now develop a draft guidance document that will be reviewed by an invited stakeholder group in July of 1999. AMSA is preparing detailed comments for EPA consideration, based on discussions at the meetings.CONTACT: Ross Brennan, EPA 202/260-6928 or Mark Hoeke, AMSA 202/833-9106.