[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44623-44625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19016]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2018-0420; FRL-9983-12-OW]


Public Listening Session; Stakeholder Input on Peak Flows 
Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is interested in the 
views of the public on possible approaches to updating the National 
Pollutant Discharge Elimination System (NPDES) regulations related to 
the management of peak wet weather flows at Publicly Owned Treatment 
Works (POTWs) treatment plants serving separate sanitary sewer 
collection systems. Consequently, EPA is inviting interested members of 
the public to three planned listening sessions on: October 16, 2018 at 
EPA Headquarters in Washington, DC, October 24, 2018 at EPA Region 7 in 
Lenexa, Kansas, and October 30, 2018 to be held online. EPA welcomes 
oral or written information at the listening sessions as well as any 
other information the public may wish to provide EPA through the docket 
(Docket ID No. EPA-HQ-OW-2018-0420).

DATES: The in-person listening sessions will be held at EPA 
Headquarters in Washington, DC on October 16, 2018 from 9:00 a.m. to 
2:00 p.m. EDT; and in EPA Region 7 in Lenexa, Kansas on October 24, 
2018 from 9:00 a.m. to 2:00 p.m. CDT. In addition to the in-person 
listening sessions, EPA will hold an online listening session on 
October 30, 2018 from 11:00 a.m. to 4:00 p.m. EDT.
    For those who intend to submit written statements to the docket, 
EPA is asking that this information be provided before October 31, 
2018.

ADDRESSES: The in-person listening sessions will be held at the 
following locations:
     For the EPA Headquarters in Washington, DC listening 
session: US EPA Headquarters, William Jefferson Clinton East Building, 
Room 1153, 1201 Constitution Avenue NW, Washington, DC 20004;
     For the EPA Region 7 listening session: 11201 Renner 
Blvd., Lenexa, KS 66219.
    The online listening session will be accessible though https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants.
    To register for any of the listening sessions go to: https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants.
    To submit written information to EPA: Submit any written statements 
or input, identified by Docket ID No. EPA-HQ-OW-2018-0420, to the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
online instructions for submitting comments. Once submitted, comments 
cannot be edited or withdrawn. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commentingepa-dockets.

FOR FURTHER INFORMATION CONTACT: Jamie Piziali, Water Permits Division, 
Office of Water, Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460; telephone number: 202-564-1709; or 
email: [email protected]. Also see the following website for 
additional information regarding the rulemaking: https://www.epa.gov/npdes/municipal-wastewater.

SUPPLEMENTARY INFORMATION:

[[Page 44624]]

I. General Information

A. Public Listening Session

    i. Public Listening Sessions: EPA will hold two public listening 
sessions to gather feedback from interested members of the public on 
the issues and concerns that the Agency should be aware of during this 
rulemaking. The public listening sessions will begin with EPA providing 
a brief background on peak flows management issues and EPA's goals for 
this rulemaking. This will then be followed by an opportunity for the 
public to provide input on these issues. EPA is asking that oral 
statements be limited to three minutes or less and is welcoming written 
statements at the sessions. Each listening session will begin at 9:00 
a.m. local time and continue until all those wishing to speak have had 
a chance to provide comments, or until 2:00 p.m., whichever comes 
first. A transcript of oral remarks made during the listening sessions 
will be at https://www.epa.gov/npdes/municipal-wastewater and included 
in the rulemaking docket.
    ii. Online Listening Session: In addition to the in-person 
listening sessions, EPA will also hold a ``virtual'' listening session 
via a webcast on October 30, 2018, from 11:00 a.m. to 4:00 p.m. EDT. 
The same format will be followed as that for the in-person listening 
session. After a presentation from EPA, members of the public may call 
in and give brief (three-minute or less) statements. Audience members 
will be able to listen to the webcast and all public statements through 
their computer speakers. A transcript of oral remarks made during the 
listening sessions will be at https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants and included in the rulemaking docket.

B. Additional Information and Public Meeting Registration

    Prior to each listening session, EPA will post any relevant 
materials to the following website: https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants. Information posted to the website will 
include any handouts that may be provided at the meeting as well as a 
web link that participants may use to register for the public meeting 
in advance. Advanced registration is not required, but is requested so 
that EPA can ensure there is sufficient space and time allotted for 
those who wish to participate. The listening session will continue 
until all speakers in attendance have had a chance to provide comments, 
or the listed end time, whichever comes first. If you choose not to 
pre-register to speak, it is recommended that you arrive at the start 
of the listening session to register in person in order to ensure the 
opportunity to participate.

II. Background

    EPA is providing the following background information to assist the 
public in preparing for the listening sessions. Under the Clean Water 
Act (CWA), municipal sewage treatment plants or Publicly Owned 
Treatment Works (POTWs) treatment plants are required to comply with 
prescribed restrictions on their discharges to a water of the United 
States. Specifically, each POTW must obtain an NPDES permit that will 
require, at a minimum, that the treatment plant's discharge meet 
effluent limitations for secondary treatment. See CWA Sec.  
1311(b)(1)(B) and Sec.  1342(a), 40 CFR 133 and 40 CFR 122.44(a)(1). 
The permit will also require meeting any more stringent effluent 
limitations that are necessary to meet applicable water quality 
standards. See CWA Sec.  1311(b)(1)(C), Sec.  1342(a), and 40 CFR 
122.44(d). The permit will also require the POTW operator to comply 
with other terms and conditions based on the NPDES regulations at 40 
CFR 122. These include, for example, requirements regarding monitoring 
and reporting of discharges and proper operation and maintenance of 
POTW facilities and systems of treatment.
    Many sewage treatment processes may be used to comply with these 
effluent requirements. Most municipalities use a series of unit 
processes to treat wastewater prior to discharge including the 
following:
     Preliminary treatment or screening to remove large solids,
     primary clarification (or preliminary sedimentation) to 
remove floating and settleable solids,
     biological treatment (also referred to as secondary 
treatment) to remove biodegradable organic pollutants and suspended 
solids, and
     disinfection to deactivate pathogens.
    Some facilities also provide more advanced treatment, which is 
designed to reduce constituents, such as nitrogen and phosphorus, that 
are not removed in any significant quantity by traditional biological 
treatment processes.
    Sanitary sewer collection systems are designed to remove wastewater 
from homes and other buildings and convey it to a wastewater treatment 
plant. The collection system is a critical element in the successful 
performance of the POTW's wastewater treatment operation. Collection 
systems are designed in one of two ways. Combined sewer systems are 
designed to collect both stormwater and sanitary wastewater for 
delivery to the treatment plant. By contrast, separate sanitary sewers 
are designed to carry only sanitary wastewater (separate sanitary 
sewers typically are built with some allowance, however, for higher 
flows that occur during storm events in order to handle minor and non-
excessive amounts of stormwater or groundwater that enter the system 
through infiltration and inflow or ``I/I''). EPA notes that, at this 
time, it contemplates the scope of the rulemaking would be limited to 
peak flows at POTWs with separate sanitary sewer systems.
    Significant increases in flows at a treatment facility can create 
operational challenges and potentially adversely affect the treatment 
efficiencies. Biological treatment components at treatment plants are 
particularly vulnerable to high-volume peak flows. Where peak influent 
flows during periods of wet weather exceed the treatment capacity of 
existing biological or advanced treatment units, POTWs must consider 
ways in which to prevent damage to their treatment plant, while 
maintaining effective operation of the system to meet applicable NPDES 
permit limitations. Under these conditions, POTW operators use several 
different strategies which may include a combination of alternative 
treatment approaches, storage, and sewer maintenance and rehabilitation 
work to minimize the amount of stormwater that enters the collection 
system through I/I.
    Among the peak flow management approaches that have been used or 
considered are those involving the diversion of a portion of the peak 
flows around biological or advanced treatment units. The diverted flow 
is then recombined with flows from the biological treatment units. 
Other alternatives include the installation of various treatment 
processes at the POTW that supplement the plant's ability to process 
and treat peak flows. Refer to EPA's Draft Summary of Blending 
Practices and the Discharge of Pollutants for Different Blending 
Scenarios (EPA, June 2014) at https://www.epa.gov/sites/production/files/2015-10/documents/sso_lit_review_draft.pdf. These approaches have 
been the subject of previous EPA policymaking efforts that have not 
been adopted. See 68 FR 63042 (November 7, 2003), and 70 FR 76013 
(December 22, 2005). EPA has also looked at the potential public health 
implications of these different approaches. See Summary of June 19-20, 
2014, Experts Forum on Public Health Impacts of Blending (EPA, May 
2015) at https://

[[Page 44625]]

www.epa.gov/sites/production/files/2015-10/documents/
experts_forum_summary.pdf.
    POTWs with separate sanitary sewer systems can also lessen the 
impact of peak flows by implementing a variety of strategies to 
minimize the introduction of stormwater into the collection system. 
While virtually every separate sanitary sewer system has some 
groundwater infiltration and stormwater-derived I/I, it may be 
considered excessive when it is the cause of overflows or causes 
disruptions in the treatment system. POTWs with excessive I/I have a 
number of different methods for identifying the largest sources of I/I 
in their sewer system. These include system mapping, flow monitoring, 
conducting smoke or dye tests, sensor technology, and using optical 
devices to view sections of the system. Developing plans for correcting 
and rehabilitating the highest priority sources of I/I into the 
collection system may involve such strategies as repairing manholes, 
replacing and repairing private building lateral pipes, ensuring 
building downspouts are not connected to the sewer system, sealing 
sewer joints, inserting sewer liners, or even replacing sections of the 
sewer line. Other strategies may focus on maximizing existing 
collection system capacity through real-time controls to optimize flows 
within the system, or building additional storage within the collection 
system or treatment plant.
    EPA acknowledges the significant expertise that exists among 
states, tribes, POTWs and municipal officials, engineering firms, 
public health agencies, and the public related to these issues. These 
listening sessions are designed to take advantage of this information 
from a variety of perspectives to help provide a complete picture of 
the considerations that should go into any rulemaking to address 
permitting requirements for the management of peak flows at POTWs with 
separate sanitary sewer systems.

III. Areas of Feedback Requested for Public Listening Sessions

    Interested members of the public who plan to provide oral or 
written testimony at the listening sessions, or to submit written 
material to EPA separately as detailed in the instructions provided in 
the ADDRESSES section of this notice, are welcome to provide their 
input on any issue related to the topic of peak flow management at POTW 
treatment plants with separate sanitary sewer systems. But EPA 
particularly welcomes feedback from the public on the following 
specific questions.
     What strategies have you found to be successful in 
reducing peak flow volumes at the POTW treatment plant?
     What permitting or other regulatory approaches are you 
aware of that in your opinion provide a good basis for any rulemaking 
in this area?
     What treatment technologies have POTWs with separate 
sanitary sewer systems used successfully to manage peak excess flows 
during wet weather? How effective are these technologies at meeting 
effluent limitations? What are examples of technologies addressing 
other pollutants not typically subject to discharge requirements in 
NPDES permits (e.g., pathogens)? Related to these questions, do you 
have supporting treatment efficacy data that you would be willing to 
share with EPA for this rulemaking?
     What are your specific suggestions regarding conditions 
that could be included in NPDES permits to allow diversions of some 
peak flows around biological treatment units to protect the treatment 
plant? Considerations could include:

--What information might the NPDES permitting authority need in order 
to determine whether such diversions are necessary to protect the 
treatment plant?
--Should the number of times such diversions are permitted to occur be 
limited or reported?
--Are there any requirements that should be considered for ensuring 
that the treatment plant is operated and maintained in an effective 
manner to minimize the number of peak flow diversions that occur?
--What requirements would be appropriate for ensuring that maintenance 
of the collection system to minimize the introduction of stormwater 
into the sanitary system through inflow and infiltration is occurring?
--What monitoring and reporting requirements would be important to 
demonstrate that applicable effluent limits are still being met?
--How may the permit ensure that public and ecological health is 
protected?

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: August 24, 2018.
Martha Shimkin,
Acting Director, Office of Wastewater Management.
[FR Doc. 2018-19016 Filed 8-30-18; 8:45 am]
 BILLING CODE 6560-50-P