[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Notices]
[Pages 364-365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-113]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6928-1]


Notice of Availability: Draft Guidance on Implementing the Water 
Quality-Based Provisions in the Combined Sewer Overflow Control Policy

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; availability of draft guidance.

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SUMMARY: This document announces that the U.S. Environmental Protection 
Agency (EPA) is publishing Draft Guidance On Implementing The Water 
Quality-Based Provisions in the Combined Sewer Overflow (CSO) Control 
Policy. The guidance is designed to address questions raised since the 
publication of the CSO Control Policy in 1994 on integrating the long-
term control plan (LTCP) development process with the water quality 
standards review. As outlined in the guidance, EPA will continue to 
implement the CSO Control Policy through its existing statutory and 
regulatory authorities. The guidance cannot impose legally binding 
requirements on EPA, States, Tribes, or the regulated community. It 
cannot substitute for Clean Water Act (CWA) requirements, EPA's 
regulations, or the obligations imposed by consent decrees or 
enforcement orders.

DATES: Public Comments: All public comments on the draft guidance must 
be received on or before March 5, 2001. All comments should be 
submitted in writing to the address listed below.

ADDRESSES: Comments should be addressed to Timothy Dwyer, U.S. 
Environmental Protection Agency, ICC Building (MC 4203M), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Commenters are also 
requested to submit an original and 3 copies of their written comments 
as well as an original and 3 copies of any attachments, enclosures, or 
other documents referenced in the comments.
    EPA will also accept comments electronically. Comments should be 
addressed to the following e-mail address: [email protected]. 
Electronic comments must be submitted as an ASCII, WordPerfect 5.1/6.1/
8 format file and avoid the use of special characters or any form of 
encryption.
    Interested persons may obtain a copy of the guidance from the 
Office of Wastewater Management's website (http://www.epa.gov/owm/cso.htm) or by contacting the Office of Water Resources Center at 202-
260-7786 (e-mail: [email protected]); mailing address is: 
Office of Water Resources Center, U.S. Environmental Protection Agency, 
RC-4100, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. Please 
request, ``Draft Guidance on Implementing the Water Quality-Based 
Provisions in the Combined Sewer Overflow Control Policy'' (EPA Number 
833-D-00-002; December 2000).

FOR FURTHER INFORMATION CONTACT: Timothy Dwyer, Office of Wastewater 
Management, Water Permits Division, MC 4203M, 1200 Pennsylvania Avenue, 
NW, Washington, DC 20460, Telephone: 202-564-0717.

SUPPLEMENTARY INFORMATION: EPA issued the Combined Sewer Overflow (CSO) 
Control Policy in April 1994 (59 FR 18688). To date, EPA has released 
seven guidance documents and worked with stakeholders to foster 
implementation of the Policy. The CSO Control Policy calls for the 
development of a long-term control plan (LTCP), which includes measures 
that provide for compliance with the Clean Water Act including 
attainment of water quality standards. The CSO Control Policy provides 
that the LTCP should be coordinated with the review and revision, as 
appropriate, of water quality standards and implementation procedures 
on CSO-impacted receiving waters. This process is intended to ensure 
that the long-term controls will be sufficient to meet water quality 
standards (59 FR 18694).
    As part of EPA's FY 1999 Appropriation, Congress directed EPA to 
develop guidance on the conduct of water quality standards and 
designated use reviews for CSO-receiving waters, and urged EPA to 
provide technical and financial assistance to States and EPA Regions to 
conduct these reviews. In response, EPA hosted three stakeholder 
listening sessions in the Spring of 1999 and an experts workshop on 
September 24, 1999. The purpose of these meetings was to obtain 
participants' views on the impediments to implementing the water 
quality-based provisions in the CSO Control Policy. The guidance 
addresses many of the stakeholders' concerns, and recommends actions 
that EPA, State and Interstate Water Pollution Control

[[Page 365]]

Directors, and CSO communities can take to address their concerns.
    The objective of this guidance is to lay a strong foundation for 
integrating CSO long-term control planning with water quality standards 
reviews. Reaching early agreement among CSO communities, States, EPA, 
and the public on the data to be collected and the analyses to be 
conducted to support the long-term control plan development and water 
quality standards reviews can facilitate the review of water quality 
standards and the reconciliation of water quality standards with an 
affordable, well-designed and operated CSO control programs.
    The guidance describes the process for integrating LTCP development 
and implementation with the water quality standards review. This 
process is the centerpiece of EPA's renewed commitment to assure that 
both communities with combined sewer systems and States participate in 
implementing the water quality-based provisions in the CSO Control 
Policy. The CSO Control Policy anticipates the ``review and revision, 
as appropriate, of water quality standards and their implementation 
procedures when developing CSO control plans to reflect site-specific 
impacts of CSOs.'' Integrating CSO long-term control planning with 
water quality standards reviews requires extensive coordination among 
CSO communities, States, EPA, and the public. Although this 
coordination is an intensive iterative process, it provides greater 
assurance that CSO communities will implement affordable CSO control 
programs that support the attainment of appropriate water quality 
standards.

    Dated: December 20, 2000.
J. Charles Fox,
Assistant Administrator for Water.
[FR Doc. 01-113 Filed 1-2-01; 8:45 am]
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