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EPA announced today that it will be seeking public input on wet weather issues that affect sanitary sewer systems, including sanitary sewer overflows (SSOs) and blending.  The pre-publication version of the Federal Register notice states that the Agency 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,” and will be considering the following issues:

• Whether to develop broad-based SSO regulations under the NPDES program, including standard permit conditions for publicly owned treatment works (POTWs) and collection systems that may include the following:
  • Reporting, recordkeeping, and public notification;
  • Capacity assurance, management, operation, and maintenance requirements (CMOM) for collection systems; and
  • Possible provisions for SSOs caused by exceptional circumstances.
• Whether to require satellite collection systems to obtain a permit.
• Whether to adopt the December 2005 draft Peak Flows Policy or a revised Policy, and/or to address peak flows as part of a holistic and integrated SSO rulemaking.
  

In its press release, EPA states the Agency is considering these issues because it “is initiating a rulemaking to better protect the environment and public health” from SSOs and basement backups.  EPA will begin holding public listening sessions beginning in June, and is providing a 60-day period for submission of written comments after publication of the notice in the Federal Register.

NACWA is currently reviewing the notice and will issue a more detailed analysis in an Advocacy Alert next week.  NACWA will need to consider how EPA’s initiation of rulemaking affects the Association’s plan to submit a petition to EPA requesting development of an SSO policy, as well as the Association’s positions on SSOs and blending.  The appropriate NACWA Committees will discuss these issues, and the Association will be soliciting input from all members.  Members are also encouraged to attend the EPA listening sessions and to submit their own comments.