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EPA announced in the June 1 Federal Register that it plans to hold several listening sessions' beginning in June to obtain information from the public on certain issues EPA is considering whether to propose to modify the National Pollutant Discharge Elimination System (NPDES) regulations as they apply to municipal sanitary sewer collection systems and sanitary sewer overflows (SSOs) in order to better protect the environment and public health from the harmful effects of sanitary sewer overflows and basement back ups. The Agency is considering whether to propose possible modifications to the NPDES regulations, including establishing standard permit conditions for publicly owned treatment works (POTW) permits that specifically address sanitary sewer collection systems and SSOs, and clarifying the regulatory framework for applying NPDES permit conditions to municipal satellite collection systems. The Agency is also considering whether and how it should resolve several longstanding issues that are the subject of the December 22, 2005 draft Peak Flows Policy. This draft Policy attempted to clarify EPA's interpretation that the existing “bypass”' provision of the NPDES regulations applies to peak wet weather diversions at POTW treatment plants that are recombined with the flows from the secondary treatment units prior to discharge. The Agency is considering whether to adopt this or a revised Policy and/or address questions about peak flow as part of an SSO rulemaking to allow for a holistic and integrated approach to reducing SSOs while at the same time addressing peak flows at the POTW treatment plant. EPA is also asking for statements and input from the interested public on or before August 2, 2010.

EPA is seeking input on the following questions:

  • Should EPA clarify its standard permit conditions for SSO reporting, recordkeeping, and public notification?
  • Should EPA develop a standard permit condition with requirements for capacity, management, and operations & maintenance programs based on asset management principles?
  • Should EPA require permit coverage for municipal satellite collection systems?
  • What is the appropriate role of NPDES permits in addressing unauthorized SSOs that are caused by exceptional circumstances?
  • How should EPA address Peak Flows at POTW treatment plants?
  • What are the costs and benefits of capacity, management, and operations & maintenance programs and asset management of sanitary sewers?

WEF will be submitting comments in response to this notice.  In addition, WEF encourages its members and Member Associations to submit their own comments or participate in the listening sessions. Background Information. The public listening sessions will include a brief background on SSOs and peak flows that will be followed by an opportunity for the public to provide input on possible paths forward. Written and oral statements will be accepted at the public listening sessions. Input generated from what was learned at a public listening session will be compiled and archived. The dates and locations of the listening sessions are as follows:

·         June 24, 2010, 10 a.m. to 3 p.m. at EPA Region 10 Office, 1200 Sixth Avenue, Seattle, WA 98101.

·         June 28, 2010, 10 a.m. to 3 p.m. at EPA Region 4 Office, 61 Forsyth Street, SW., Atlanta, GA 30303.

·         June 30, 2010, 10 a.m. to 3 p.m. at EPA Region 7 Office, 901 N. 5th Street, Kansas City, KS 66101.

·         July 13, 2010, 10 a.m. to 3 p.m. at EPA HQ Office, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20004.

 

January 18, 2013

House Passes Sandy Aid Bill and Senate Likely to Approve Next Week  [-]

On Jan. 15, the House passes an Emergency Supplemental Aid Bill to help states affected by Superstorm Sandy.  The $50.5 billion package for disaster relief will provide new aid heading to communities hit by the storm.  In late 2012, the Senate passed a similar package for $60.4 billion, which later expired at the end of the 112th Congress. That bill is largely reflected in both the package passed in House on Jan.15 and in the $9.7 billion measure expanding borrowing authority for the National Flood Insurance Program (HR 41) that was cleared on Jan. 4 by the House and has been signed into law by the President. The two House-passed bills combined are equal to the $60.4 billion requested by the President.

Due to resistance from fiscally conservative Republican members of the House, the initial aid package offered in the House was for $17 billion, and the chairman of the House Appropriations Committee, Rep. Hal Rogers (R-KY) pledged to provide additional funding through the regular annual appropriations bills.  However, Speaker John Boehner (R-OH) also took steps to allow the House to vote Jan. 15 on a $33.67 billion amendment by House Appropriations Energy and Water Subcommittee Chairman Rodney Frelinghuysen (R-NJ) that provided many of the other funds requested by Obama and backed by the Senate. Ultimately, the amendment offered passed and was incorporated into Rogers's bill.  But the amendment and the overall bill only managed to clear the House with heavy Democratic support.  Minus that, there was not enough Republican support to pass either one. On final passage, the tally was 241-180, with 192 Democrats and only 49 Republicans voting in favor. Voting against the measure were 179 Republicans and 1 Democrat.

The Frelinghuysen amendment contains line-item funding to aid water and wastewater facilities recover and design for possible future natural disasters.  In areas impacted by the storm in EPA Region 2 there is $500 million in capitalization grants through the Clean Water State Revolving Funds for wastewater  facilities and $100 million for capitalization grants through the Safe Drinking Water Act.  The aid package will require states that use the funding to use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these.  Rep. Bill Pascrell (D-NJ) attempted to offer an amendment to lift the 30 percent cap, but the House Rules Committee restricted the total number of amendments offered to the bill to three.  The aid package requires that funding be used for “projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works” in EPA Region 2.

The Senate is expected to consider the House aid package next week and comments out of Senate Democratic leaders suggest that the package will be cleared fairly quickly because the bill is relatively similar to the package previously passed by the Senate.  “It's great news for families, communities, and small businesses in our region that the House—after weeks of delay—finally passed an emergency relief bill for Superstorm Sandy,” said Sens. Frank Lautenberg (D-NJ), Charles Schumer (D-NY), Bob Menendez (D-NJ), and Kirsten Gillibrand (D-NY). “Our region extends a helping hand any time another community suffers from a major disaster, and we're pleased that the House voted to provide this emergency relief for New Jersey and New York.”

In a separate statement, Schumer, the No. 3 Democrat in the Senate, said the House bill is “close enough” to what officials from the region need. He said he will urge his colleagues to pass it quickly.

 

EPA Releases Financial Capability Framework for Municipal Clean Water Act Requirements  [+]
ASCE Releases Final Report in Failure to Act Series, Detailing Comprehensive Impacts of Failing to Invest in America’s Infrastructure  [+]
Integrated Planning Workshops Scheduled  [+]
Secretary Salazar, USGS Director McNutt Both Leaving Interior  [+]
Agriculture Secretary Vilsack to Continue Service in Obama Administration  [+]
EPA’s 2011 Toxics Release Inventory Shows Air Pollutants Continue to Decline  [+]
EPA January 30 Webinar on New Recreational Criteria  [+]
Register for WEF-AWWA Fly-In, April 17-18  [+]