About - AMSA Year in Review - 2000-2001 -
AMSA Leads Debate on Future of Wet Weather Programs

AMSA continues to establish itself as an influential voice on urban wet weather legislative and regulatory initiatives with the U.S. Environmental Protection Agency (EPA) and Congress. From promoting the passage of the Wet Weather Water Quality Act of 2000 in December 2000 to leadership in the development of a reasonable sanitary sewer overflow (SSO) rule, AMSA is helping to shape the future direction of all wet weather programs.

Legislation Represents a Significant Step Forward
AMSA’s intense focus on wet weather issues paid significant dividends during the 106th Congress with the passage of the Wet Weather Water Quality Act (WWWQA) in December 2000. The Act features provisions addressing combined sewer overflow (CSO) controls, an authorized 2-year, $1.5 billion grant program for SSO and CSO projects, and an authorized 3-year, $45 million grant program for wet weather watershed pilot projects. The WWWQA incorporates major portions of the AMSA-led Urban Wet Weather Priorities Act (H.R. 3570), which had been introduced on behalf of a municipal wet weather coalition by Reps. Steve LaTourette (R-OH) and William Pascrell (D-NJ) in February 2000. H.R. 3570 addressed a wide range of proposed improvements to the Clean Water Act’s treatment of CSOs, SSOs, and municipal stormwater control requirements. Despite significant support within the House Transportation & Infrastructure Committee for H.R. 3570, the Committee chose to proceed with a narrower set of provisions focusing mainly on funding, resulting in the development of the WWWQA.

Although the WWWQA did not address the full breadth of municipalities’ wet weather needs, AMSA successfully encouraged greater congressional awareness of the challenges faced by communities in complying with inconsistent regulations and meeting funding needs. In a Congress with slim majorities and an avowed interest in passing only non-controversial, bipartisan bills, the passage of the WWWQA represented a significant acknowledgment of the pressures facing municipalities. Building upon this success, AMSA will work with Congress to seek legislation that will make additional improvements in wet weather programs and, through the Water Infrastructure Network, to provide for a greatly expanded federal role in water infrastructure funding. AMSA is also working with Congress to ensure full funding of the authorized programs in the WWWQA.

AMSA Continues Dialogue Over Proper Regulatory Framework for SSOs
Despite the continued uncertainty regarding the fate of EPA’s proposed SSO rule, AMSA has remained heavily engaged in discussions about a reasonable regulatory framework for publicly owned treatment works (POTWs). In January 2000, after a prolonged period of review by the Office of Management & Budget, EPA announced the imminent release of its proposed SSO rule in the Federal Register and posted a draft version on its website. The rule, however, was withdrawn shortly after President Bush’s inauguration and is still being reviewed by the new administration for options on how to proceed.

During this transitional phase in the regulation, AMSA has remained active in leading discussions among collection system owners and operators, and EPA policymakers, on the future of this program. Shortly after the rule was withdrawn, AMSA and several other municipal organizations sent a joint letter to EPA Administrator Christine Todd Whitman requesting that the Agency review the unpublished SSO proposal to “evaluate alternatives that are equally as protective of water quality,” including an alternative that “establishes a standard for sanitary sewer collections systems that utilizes rigorous CMOM (Capacity Management, Operation and Maintenance) implementation for defining unavoidable overflow events in well-run systems.” The letter also questioned the premise in the proposal that sanitary sewer collection systems can be built and operated to never overflow under any conditions.

As a follow-up to AMSA’s suggestion that alternatives exist under the Clean Water Act to the proposed “zero overflow” approach, AMSA’s National Office and its SSO Workgroup have been actively working on developing potential options for the Agency’s consideration. AMSA hopes to develop a regulatory framework that more closely links SSO compliance to the implementation of best management practices, as embodied in a site-specific management, operation and maintenance plan.

AMSA Steps Up Effort to Guide CSO Policy Improvements
CSOs remained an active area for AMSA, as EPA sought to complete a draft of its water quality standards guidance for CSO receiving waters and to respond to several congressional report requirements as part of the Wet Weather Water Quality Act. In March 2000, AMSA submitted comments to EPA on its draft guidance. AMSA supported the core process outlined in the draft document for integrating the CSO Long-Term Control Plan (LTCP) with the state water quality standards process as sensible and one that encourages greater participation by state and Regional EPA staff. The comments also encouraged EPA to develop a plan for implementing the guidance, including an exploration of its grant authority to spark activity on water quality standards review and revision in the states. The Wet Weather Water Quality Act requires that EPA issue a final guidance in July 2001.

AMSA’s Special Committees work throughout the year to ensure that member priorities and needs are identified and met.

The Act also directed EPA to report to Congress by September 2001 “on the progress made by [EPA], States, and municipalities in implementing and enforcing the CSO control policy.” EPA invited AMSA to provide data on progress made and remaining challenges in implementing the CSO Policy. In response, the National Office conducted a survey of its CSO members that revealed that despite multi-billion dollar investment in CSO controls, and an average reduction in CSOs of approximately 34 percent, members still face challenges meeting water quality standards due to other pollution sources. AMSA is preparing a summary of the CSO survey responses for distribution to its members in June. In addition to the Association’s survey, seven AMSA member agencies have submitted site-specific profiles for inclusion in the Report to Congress.

AMSA Successfully Pushes for EPA Acknowledgment of Wet Weather Blending
During 2000, AMSA and several other municipal organizations succeeded in encouraging EPA to issue a policy interpretation acknowledging the authority for municipal treatment plants to “blend” peak wet weather flows to meet secondary effluent limits. “Blending” is the practice of mixing partially-treated, disinfected wet weather flows with fully treated effluent prior to discharge to meet secondary treatment standards during wet weather events. In Spring 2000, AMSA and other municipal organizations requested that EPA reconcile the Office of Wastewater Management’s position that blending is conditionally authorized with the Office of Enforcement & Compliance Assurance’s differing interpretation that all such blending practices constitute an illegal bypass. AMSA wrote the Agency in September 2000 expressing the Association’s concern and urging EPA to uphold its long-held recognition of the practice of wet weather blending.

To assist our dialogue with EPA, AMSA conducted a survey in January 2001 to assess the extent of the membership that is designed to blend. The survey found that 50 percent of the respondents have plants that are designed and operated to blend peak wet weather flows, and that 30 percent of those with blending facilities are specifically authorized in their permit to use blending. Clearly, reinterpreting the blending policy to constitute all such events as illegal bypasses of the treatment system would significantly impact the membership.

Since the survey, EPA has responded with several written responses to congressional inquiries on blending and a draft policy document, entitled Current Thinking on Peak Flows at POTWs. AMSA’s preliminary analysis of the draft document indicates that this policy interpretation will be helpful for facilities that are designed to blend.

AMSA will continue its advocacy work in the challenging wet weather arena as these and other initiatives evolve over the coming weeks and months.