81 FR 50434 - Public Notification for Combined Sewer Overflows in the Great Lakes; Public Listening Session; Request for Stakeholder Input

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range		50434-50436
FR Document		2016-18133
The Environmental Protection Agency (EPA) is announcing plans to hold a public ``listening session'' on September 14, 2016 in Chicago, Illinois to obtain information from the public to help inform development of a new regulation establishing public notification requirements for combined sewer overflow discharges in the Great Lakes. This rulemaking is in response to new requirements included with the 2016 appropriations. EPA is requesting input from the public regarding potential approaches for these new public notification requirements for combined sewer overflow discharges in the Great Lakes through participation in the public listening session and by submitting information in writing at the listening sessions or to the agency directly through email, fax, or mail. The agency is undertaking this outreach to help it shape a future regulatory proposal intended to provide the affected public with information that will help better protect public health.
Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Proposed Rules]
[Pages 50434-50436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18133]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 122

[EPA-HQ-OW-2016-0376; FRL-9950-07-OW]


Public Notification for Combined Sewer Overflows in the Great 
Lakes; Public Listening Session; Request for Stakeholder Input

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for stakeholder input.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing plans 
to hold a public ``listening session'' on September 14, 2016 in 
Chicago, Illinois to obtain information from the public to help inform 
development of a new regulation establishing public notification 
requirements for combined sewer overflow discharges in the Great Lakes. 
This rulemaking is in response to new requirements included with the 
2016 appropriations. EPA is requesting input from the public regarding 
potential approaches for these new public notification requirements for 
combined sewer overflow discharges in the Great Lakes through 
participation in the public listening session and by submitting 
information in writing at the listening sessions or to the agency 
directly through email, fax, or mail. The agency is undertaking this 
outreach to help it shape a future regulatory proposal intended to 
provide the affected public with information that will help better 
protect public health.

DATES: The session will be held on September 14, 2016. Comments must be 
received on or before September 23, 2016.

ADDRESSES: The public listening session will be held at the 
Environmental Protection Agency Region 5 Office (Lake Erie Room, Floor 
12), 77 West Jackson Boulevard, Chicago, IL 60604-3507. Submit your 
comments, identified by Docket ID No. EPA-HQ-OW-2016-0378, 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/commenting-epa-dockets. For details on the public 
listening session see SUPPLEMENTAL INFORMATION.

FOR FURTHER INFORMATION CONTACT: Lisa Biddle, Water Permits Division, 
Office of Water (4203M), Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington, DC 20460; telephone number: 202-
566-0350; fax number: 202-564-6392; email address: [email protected]. 
Also see the following Web site for additional information regarding 
the rulemaking: https://www.epa.gov/npdes/combined-sewer-overflows-great-lakes-basin.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Public Listening Session

    EPA will hold an informal public listening session to afford an 
opportunity for the public to provide input on a regulatory action that 
EPA is considering to establish public notification requirements for 
combined sewer overflow discharges in the Great Lakes. Brief oral 
comments (three minutes or less) and written statements will be 
accepted at the session. The listening session will be held on 
September 14, 2016 at 10 a.m. at the Environmental Protection Agency 
Region 5 Office (Lake Erie Room, Floor 12), 77 West Jackson Boulevard, 
Chicago, IL 60604-3507. The listening session will continue until all 
speakers in attendance have had a chance to provide comments or 3 p.m., 
whichever comes first. If time allows after all comments have been 
heard, a broader discussion may take place regarding topics identified 
under Section III, Input on Public Notice Considerations.

B. Additional Information and Public Meeting Registration

    Prior to the public meeting date, EPA will post any relevant 
materials to the following Web site: https://www.epa.gov/npdes/combined-sewer-overflows-great-lakes-basin. Information posted to the 
Web site 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.

II. Background

    The Environmental Protection Agency (EPA) will be proposing a rule 
to establish public notification requirements for combined sewer 
overflows (CSOs) to the Great Lakes, as required by Section 425 of the 
Consolidated Appropriations Act of 2016 (Pub. L. 114-113) (hereafter, 
referred to as ``Section 425''). Section 425 requires EPA to work with 
the Great Lakes states to create these public notice requirements, and 
EPA is also seeking public input in the development of these 
requirements.

Combined Sewer Overflows From Municipal Wastewater Collection Systems

    Municipal wastewater collection systems collect domestic sewage and 
other wastewater from homes and other buildings and convey it to 
wastewater treatment plants for proper treatment and disposal. The 
collection and treatment of municipal sewage and wastewater is vital to 
the public health in our cities and towns. In the United States, 
municipalities historically have used two major types of sewer systems. 
Many municipalities collect domestic sewage in a sanitary sewer system 
and convey the sewage to a publicly owned treatment works (POTW) for 
treatment. These municipalities also have separate sewer systems to 
collect surface

[[Page 50435]]

drainage and stormwater, known as ``municipal separate storm sewer 
systems'' or ``MS4s.'' Separate sanitary sewer systems are not designed 
to collect large amounts of runoff from rain or snowmelt or provide 
widespread surface drainage, although they typically are built with 
some allowance for higher flows that occur during storm events to 
handle minor amounts of stormwater or groundwater that enter the 
system.
    The other type, combined sewer systems, is designed to collect both 
sanitary sewage and stormwater runoff in a single-pipe system. This 
type of sewer system provides the primary means of surface drainage 
carrying rain and snowmelt away from streets, roofs, and other 
impervious surfaces. Combined sewer systems were among the earliest 
sewer systems constructed in the United States and were built until the 
first part of the 20th century.
    A combined sewer system collects rainwater and snowmelt runoff, 
domestic sewage, and industrial wastewater into one pipe. Under normal 
conditions, it transports all of the wastewater it collects to a sewage 
treatment plant for treatment. The volume of wastewater can sometimes 
exceed the capacity of the combined sewer system or treatment plant 
(e.g., during heavy rainfall events or snowmelt). When this occurs, 
these systems are designed to divert some of the combined sewage prior 
to reaching the treatment plant and to discharge untreated or partially 
treated stormwater and wastewater directly to nearby streams, rivers 
and other water bodies. These discharge events are referred to as 
combined sewer overflows or CSOs.
    CSOs contain untreated or partially treated human and industrial 
waste, toxic materials, and debris as well as stormwater. CSO events 
can be detrimental to human health and the environment because they 
introduce pathogens, bacteria, and other pollutants to receiving 
waters, causing beach closures, contaminating drinking water supplies 
and impairing water quality. Fish and other aquatic populations also 
can be impacted by the depleted oxygen levels that can be caused by 
CSOs.
    Combined sewer systems serve a total population of about 40 million 
people nationwide. Most communities with CSOs are located in the 
Northeast and Great Lakes regions, particularly in Illinois, Indiana, 
Maine, Michigan, New York, Ohio, Pennsylvania, and West Virginia. 
Although large cities like New York, Philadelphia, and Atlanta have 
combined sewer systems, most communities with combined sewer systems 
have fewer than 10,000 people. Most combined sewer systems have 
multiple CSO discharge locations or outfalls, with some larger 
communities with combined systems having hundreds of CSO outfalls.

Combined Sewer Overflows in the Great Lakes

    There are 184 communities with combined sewer systems serving 
communities in the United States portion of the Great Lakes and the 
Great Lakes System (``Great Lakes Basin'').\1\ This includes 
communities in the states of New York, Pennsylvania, Ohio, Michigan, 
Illinois, Indiana, and Wisconsin. EPA recently summarized available 
information on the occurrence and volume of discharges from CSOs in the 
Great Lakes Basin during 2014 (see Report to Congress: Combined Sewers 
in the Great Lakes (EPA 833-R-16-006)). As summarized in this report, 
seven states reported 1,482 events where untreated combined stormwater, 
industrial wastewater, and domestic sewage was discharged from CSOs in 
the Great Lakes Basin in 2014 and an additional 187 CSO events where 
partially treated wastewater were discharged. Additional information 
regarding CSOs in the Great Lakes Basin, including the Report to 
Congress, is available at https://www.epa.gov/npdes/combined-sewer-overflows-great-lakes-basin.
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    \1\ Section 425 specifies in Section 425(a)(4) that the term 
``Great Lakes'' means ``any of the waters as defined in the Section 
118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 
1292).'' This, therefore, includes Section 118(a)(3)(B), which 
defines ``Great Lakes'' as ``Lake Ontario, Lake Erie, Lake Huron 
(including Lake St. Clair), Lake Michigan, and Lake Superior, and 
the connecting channels (Saint Mary's River, Saint Clair River, 
Detroit River, Niagara River, and Saint Lawrence River to the 
Canadian Border);'' and Section 118(a)(3)(C), which defines ``Great 
Lakes System'' as ``all the streams, rivers, lakes, and other bodies 
of water within the drainage basin of the Great Lakes.'' 
Collectively, EPA is referring to the Great Lakes and the Great 
Lakes System as the ``Great Lakes Basin.''
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Clean Water Act Regulations That Apply to Combined Sewer Systems

    The Clean Water Act establishes national goals and requirements for 
maintaining and restoring the nation's waters. CSO discharges are 
subject to the technology-based and water quality-based requirements of 
the Clean Water Act under National Pollutant Discharge Elimination 
System (NPDES) permits. Technology-based effluent limitations for CSO 
discharges are based on the application of best available technology 
economically achievable (BAT) for toxic and nonconventional pollutants 
and best conventional pollutant control technology (BCT) for 
conventional pollutants. BAT and BCT effluent limitations for CSO 
discharges are determined based on ``best professional judgment.'' CSO 
discharges are not subject to permit limits based on secondary 
treatment requirements that are applicable to POTWs. Permits 
authorizing discharges from CSO outfalls must include more stringent 
water quality-based requirements, when necessary, to meet water quality 
standards (WQS).

CSO Control Policy

    EPA issued the CSO Control Policy on April 19, 1994 (59 FR 18688). 
The CSO Control Policy ``represents a comprehensive national strategy 
to ensure that municipalities, permitting authorities, WQS authorities, 
and the public engage in a comprehensive and coordinative effort to 
achieve cost-effective CSO controls that ultimately meet appropriate 
health and environmental objectives.'' The policy assigns primary 
responsibility for implementation and enforcement to NPDES permitting 
authorities and WQS authorities.
    The policy also established objectives for CSO communities to: 1) 
Implement the Nine Minimum Controls and submit documentation on their 
implementation; and 2) Develop and implement a long-term CSO control 
plan (LTCP) to ultimately result in compliance with the Clean Water 
Act, including water quality-based requirements. In describing NPDES 
permit requirements for CSO discharges, the CSO Control Policy states 
that the BAT/BCT technology-based effluent limitations ``at a minimum 
include[s] the nine minimum controls.'' 59 FR 18696. One of the nine 
minimum controls is ``Public notification to ensure that the public 
receives adequate notification of CSO occurrences and CSO impacts.'' At 
a minimum, the technology based effluent limitations applicable to CSOs 
include the nine minimum controls.

Wet Weather Water Quality Act

    In December 2000, as part of the Consolidated Appropriations Act 
for Fiscal Year 2001 (Pub. L. 106-554), Congress amended the Clean 
Water Act by adding Section 402(q). This amendment is commonly referred 
to as the ``Wet Weather Water Quality Act of 2000.'' It requires that 
each permit, order, or decree issued pursuant to the Clean Water Act 
after the date of enactment for a discharge from a municipal combined 
sewer system shall conform to the CSO Control Policy.

[[Page 50436]]

Developing New Requirements for Public Notice of CSO Events in the 
Great Lakes Basin

    Section 425 requires EPA to work with the Great Lakes states to 
create public notice requirements for combined sewer overflow 
discharges to the Great Lakes. Section 425(b)(2) provides that the 
notice requirements are to address the method of the notice, the 
contents of the notice, and requirements for public availability of the 
notice. Section 425(b)(3)(A) provides that at a minimum, the contents 
of the notice are to include the dates and times of the applicable 
discharge; the volume of the discharge; and a description of any public 
access areas impacted by the discharge. Section 425(b)(3)(B) provides 
that the minimum content requirements are to be consistent for all 
affected States.
    Section 425(b)(4)(A) calls for follow-up notice requirements that 
provide a description of each applicable discharge; the cause of the 
discharge; and plans to prevent a reoccurrence of a combined sewer 
overflow discharge to the Great Lakes consistent with section 402 of 
the Federal Water Pollution Control Act (33 U.S.C. 1342) or an 
administrative order or consent decree under such Act. Section 
425(b)(4)(B) provides for annual publication requirements that list 
each treatment works from which the Administrator or the affected State 
receive a follow-up notice.
    Section 425(b)(5) requires that the notice and publication 
requirements described in Section 425 shall be implemented by not later 
than December 18, 2017. However, the Administrator of the EPA may 
extend the implementation deadline for individual communities if the 
Administrator determines the community needs additional time to comply 
in order to avoid undue economic hardship. Finally, Section 425(b)(6) 
clarifies that ``Nothing in this subsection prohibits an affected State 
from establishing a State notice requirement in the event of a 
discharge that is more stringent than the requirements described in 
this subsection.''
    EPA is working with the Great Lakes States to identify and evaluate 
options for implementing Section 425. EPA has also met with various 
stakeholder groups that represent municipalities, industry 
practitioners, and environmental organizations to hear each of their 
perspectives. EPA will continue to meet with interested stakeholder 
groups throughout the rulemaking process. In addition, the public 
``listening session'' on September 14, 2016 will provide stakeholders 
and other members of the public with an opportunity to share their 
views regarding potential new public notification requirements for CSOs 
in the Great Lakes Basin.

III. Input on Public Notice Considerations

    EPA and the Great Lake States will consider several options for 
creating public notice requirements for CSOs in the Great Lakes Basin 
under Section 425. In general, EPA and the Great Lake States are 
requesting comment on public notice requirements that provide for:
     Immediate notice of CSO discharge events to local public 
health officials and drinking water facilities. This notice is intended 
to alert public health officials and drinking water facilities to 
specific CSO discharges and support the development of appropriate 
responses to the discharges.
     Immediate notice of CSO discharge events to the public via 
text alerts, Web site notice, or other appropriate means. This notice 
is intended to alert the public to CSO discharges which may allow them 
to take steps to reduce their potential exposure to pathogens 
associated with the discharges.
     Immediate notice of CSO discharge events to the NPDES 
permitting authority. NPDES permits establish requirements to report 
CSO discharges to the NPDES authority. 40 CFR 122.41(l)(6) provides 
minimum requirements to report certain CSO discharges to the NPDES 
authority within 24 hours.
     Annual CSO notice. The annual CSO notice is intended to 
provide the public with a description of the current performance of 
their system as well as progress being made to reduce CSOs.
    EPA solicits information from the public regarding any aspect of 
Section 425 of the Consolidated Appropriations Act of 2016, including:
    (1) What means of receiving immediate notice of CSO discharge 
events is most helpful to the public?
    (2) What should ``immediate'' mean in this context? How soon after 
a CSO discharge event commences should the public and local public 
health agencies be given notice?
    (3) What type of information would be most appropriate for 
immediate notices? In addition to the statutorily required elements of 
(i) the dates and times of the applicable discharge; (ii) the volume of 
the discharge; and (iii) a description of any public access areas 
impacted by the discharge; what other pieces of information would be 
beneficial for the public, local public health agencies, public 
drinking water providers, etc. to receive as part of the public notice?
    (4) What role should local public health agencies have in 
identifying immediate notification requirements?
    (5) How should annual notices be made available to the public?
    (6) What information should be included in annual notices and who 
should prepare the annual notices?
    (7) Do EPA's requirements to notify NPDES permitting authorities 
under 40 CFR 122.41(l)(4), (6) and (7) have a role in the new public 
notice requirements?
    (8) What regulatory framework is most appropriate for immediate 
notification requirements? For annual notices?
    In addition to participation in the meeting, members of the public 
may share input through written comments to the public docket (see 
ADDRESSES).

    Dated: July 26, 2016.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2016-18133 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P
50434 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

tribe has demonstrated that a tribe has DATES: The session will be held on will be accepted at the session. The
jurisdiction. In those areas of Indian September 14, 2016. Comments must be listening session will be held on
country, the proposed rule does not received on or before September 23, September 14, 2016 at 10 a.m. at the
have tribal implications and will not 2016. Environmental Protection Agency
impose substantial direct costs on tribal ADDRESSES: The public listening session Region 5 Office (Lake Erie Room, Floor
governments or preempt tribal law as will be held at the Environmental 12), 77 West Jackson Boulevard,
specified by Executive Order 13175 (65 Protection Agency Region 5 Office (Lake Chicago, IL 60604–3507. The listening
FR 67249, November 9, 2000). Erie Room, Floor 12), 77 West Jackson session will continue until all speakers
Boulevard, Chicago, IL 60604–3507. in attendance have had a chance to
List of Subjects in 40 CFR Part 52 provide comments or 3 p.m., whichever
Submit your comments, identified by
Environmental protection, Air Docket ID No. EPA–HQ–OW–2016– comes first. If time allows after all
pollution control, Carbon monoxide, comments have been heard, a broader
0378, to the Federal eRulemaking
Incorporation by reference, discussion may take place regarding
Portal: http://www.regulations.gov.
Intergovernmental relations, Lead, topics identified under Section III, Input
Follow the online instructions for
Nitrogen dioxide, Ozone, Particulate on Public Notice Considerations.
submitting comments. Once submitted,
matter, Reporting and recordkeeping comments cannot be edited or B. Additional Information and Public
requirements, Sulfur oxides, Volatile withdrawn. EPA may publish any Meeting Registration
organic compounds. comment received to its public docket. Prior to the public meeting date, EPA
Authority: 42 U.S.C. 7401 et seq. Do not submit electronically any will post any relevant materials to the
Dated: July 19, 2016. information you consider to be following Web site: https://
Shaun L. McGrath, Confidential Business Information (CBI) www.epa.gov/npdes/combined-sewer-
Regional Administrator, Region 8. or other information whose disclosure is overflows-great-lakes-basin. Information
restricted by statute. Multimedia posted to the Web site will include any
[FR Doc. 2016–18153 Filed 7–29–16; 8:45 am]
submissions (audio, video, etc.) must be handouts that may be provided at the
BILLING CODE 6560–50–P
accompanied by a written comment. meeting as well as a web link that
The written comment is considered the participants may use to register for the
ENVIRONMENTAL PROTECTION official comment and should include public meeting in advance. Advanced
AGENCY discussion of all points you wish to registration is not required but is
make. EPA will generally not consider requested so that EPA can ensure there
40 CFR Part 122 comments or comment contents located is sufficient space and time allotted for
outside of the primary submission (i.e., those who wish to participate.
[EPA–HQ–OW–2016–0376; FRL–9950–07– on the web, cloud, or other file sharing
OW] II. Background
system). For additional submission
Public Notification for Combined methods, the full EPA public comment The Environmental Protection Agency
Sewer Overflows in the Great Lakes; policy, information about CBI or (EPA) will be proposing a rule to
Public Listening Session; Request for multimedia submissions, and general establish public notification
Stakeholder Input guidance on making effective requirements for combined sewer
comments, please visit http:// overflows (CSOs) to the Great Lakes, as
AGENCY: Environmental Protection www2.epa.gov/dockets/commenting- required by Section 425 of the
Agency (EPA). epa-dockets. For details on the public Consolidated Appropriations Act of
ACTION: Request for stakeholder input. listening session see SUPPLEMENTAL 2016 (Pub. L. 114–113) (hereafter,
INFORMATION. referred to as ‘‘Section 425’’). Section
SUMMARY: The Environmental Protection 425 requires EPA to work with the Great
FOR FURTHER INFORMATION CONTACT: Lisa
Agency (EPA) is announcing plans to Lakes states to create these public notice
Biddle, Water Permits Division, Office
hold a public ‘‘listening session’’ on requirements, and EPA is also seeking
of Water (4203M), Environmental
September 14, 2016 in Chicago, Illinois public input in the development of
Protection Agency, 1200 Pennsylvania
to obtain information from the public to these requirements.
Avenue NW., Washington, DC 20460;
help inform development of a new
telephone number: 202–566–0350; fax Combined Sewer Overflows From
regulation establishing public
number: 202–564–6392; email address: Municipal Wastewater Collection
notification requirements for combined
biddle.lisa@epa.gov. Also see the Systems
sewer overflow discharges in the Great
following Web site for additional
Lakes. This rulemaking is in response to Municipal wastewater collection
information regarding the rulemaking:
new requirements included with the systems collect domestic sewage and
https://www.epa.gov/npdes/combined-
2016 appropriations. EPA is requesting other wastewater from homes and other
sewer-overflows-great-lakes-basin.
input from the public regarding buildings and convey it to wastewater
potential approaches for these new SUPPLEMENTARY INFORMATION: treatment plants for proper treatment
public notification requirements for I. General Information and disposal. The collection and
combined sewer overflow discharges in treatment of municipal sewage and
the Great Lakes through participation in A. Public Listening Session wastewater is vital to the public health
the public listening session and by EPA will hold an informal public in our cities and towns. In the United
sradovich on DSK3GMQ082PROD with PROPOSALS

submitting information in writing at the listening session to afford an States, municipalities historically have
listening sessions or to the agency opportunity for the public to provide used two major types of sewer systems.
directly through email, fax, or mail. The input on a regulatory action that EPA is Many municipalities collect domestic
agency is undertaking this outreach to considering to establish public sewage in a sanitary sewer system and
help it shape a future regulatory notification requirements for combined convey the sewage to a publicly owned
proposal intended to provide the sewer overflow discharges in the Great treatment works (POTW) for treatment.
affected public with information that Lakes. Brief oral comments (three These municipalities also have separate
will help better protect public health. minutes or less) and written statements sewer systems to collect surface

VerDate Sep<11>2014 18:44 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\01AUP1.SGM 01AUP1
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules 50435

drainage and stormwater, known as systems have fewer than 10,000 people. pollutants. BAT and BCT effluent
‘‘municipal separate storm sewer Most combined sewer systems have limitations for CSO discharges are
systems’’ or ‘‘MS4s.’’ Separate sanitary multiple CSO discharge locations or determined based on ‘‘best professional
sewer systems are not designed to outfalls, with some larger communities judgment.’’ CSO discharges are not
collect large amounts of runoff from rain with combined systems having subject to permit limits based on
or snowmelt or provide widespread hundreds of CSO outfalls. secondary treatment requirements that
surface drainage, although they are applicable to POTWs. Permits
Combined Sewer Overflows in the Great
typically are built with some allowance authorizing discharges from CSO
Lakes
for higher flows that occur during storm outfalls must include more stringent
events to handle minor amounts of There are 184 communities with water quality-based requirements, when
stormwater or groundwater that enter combined sewer systems serving necessary, to meet water quality
the system. communities in the United States standards (WQS).
The other type, combined sewer portion of the Great Lakes and the Great
systems, is designed to collect both Lakes System (‘‘Great Lakes Basin’’).1 CSO Control Policy
sanitary sewage and stormwater runoff This includes communities in the states
in a single-pipe system. This type of of New York, Pennsylvania, Ohio, EPA issued the CSO Control Policy on
sewer system provides the primary Michigan, Illinois, Indiana, and April 19, 1994 (59 FR 18688). The CSO
means of surface drainage carrying rain Wisconsin. EPA recently summarized Control Policy ‘‘represents a
and snowmelt away from streets, roofs, available information on the occurrence comprehensive national strategy to
and other impervious surfaces. and volume of discharges from CSOs in ensure that municipalities, permitting
Combined sewer systems were among the Great Lakes Basin during 2014 (see authorities, WQS authorities, and the
the earliest sewer systems constructed Report to Congress: Combined Sewers in public engage in a comprehensive and
in the United States and were built until the Great Lakes (EPA 833–R–16–006)). coordinative effort to achieve cost-
the first part of the 20th century. As summarized in this report, seven effective CSO controls that ultimately
A combined sewer system collects states reported 1,482 events where meet appropriate health and
rainwater and snowmelt runoff, untreated combined stormwater, environmental objectives.’’ The policy
domestic sewage, and industrial industrial wastewater, and domestic assigns primary responsibility for
wastewater into one pipe. Under normal sewage was discharged from CSOs in implementation and enforcement to
conditions, it transports all of the the Great Lakes Basin in 2014 and an NPDES permitting authorities and WQS
wastewater it collects to a sewage additional 187 CSO events where authorities.
treatment plant for treatment. The partially treated wastewater were The policy also established objectives
volume of wastewater can sometimes discharged. Additional information for CSO communities to: 1) Implement
exceed the capacity of the combined regarding CSOs in the Great Lakes the Nine Minimum Controls and submit
sewer system or treatment plant (e.g., Basin, including the Report to Congress, documentation on their
during heavy rainfall events or is available at https://www.epa.gov/ implementation; and 2) Develop and
snowmelt). When this occurs, these npdes/combined-sewer-overflows-great- implement a long-term CSO control
systems are designed to divert some of lakes-basin. plan (LTCP) to ultimately result in
the combined sewage prior to reaching compliance with the Clean Water Act,
Clean Water Act Regulations That
the treatment plant and to discharge including water quality-based
Apply to Combined Sewer Systems
untreated or partially treated stormwater requirements. In describing NPDES
and wastewater directly to nearby The Clean Water Act establishes
national goals and requirements for permit requirements for CSO discharges,
streams, rivers and other water bodies. the CSO Control Policy states that the
These discharge events are referred to as maintaining and restoring the nation’s
waters. CSO discharges are subject to BAT/BCT technology-based effluent
combined sewer overflows or CSOs.
the technology-based and water quality- limitations ‘‘at a minimum include[s]
CSOs contain untreated or partially
treated human and industrial waste, based requirements of the Clean Water the nine minimum controls.’’ 59 FR
toxic materials, and debris as well as Act under National Pollutant Discharge 18696. One of the nine minimum
stormwater. CSO events can be Elimination System (NPDES) permits. controls is ‘‘Public notification to ensure
detrimental to human health and the Technology-based effluent limitations that the public receives adequate
environment because they introduce for CSO discharges are based on the notification of CSO occurrences and
pathogens, bacteria, and other application of best available technology CSO impacts.’’ At a minimum, the
pollutants to receiving waters, causing economically achievable (BAT) for toxic technology based effluent limitations
beach closures, contaminating drinking and nonconventional pollutants and applicable to CSOs include the nine
water supplies and impairing water best conventional pollutant control minimum controls.
quality. Fish and other aquatic technology (BCT) for conventional Wet Weather Water Quality Act
populations also can be impacted by the
depleted oxygen levels that can be 1 Section 425 specifies in Section 425(a)(4) that In December 2000, as part of the
caused by CSOs. the term ‘‘Great Lakes’’ means ‘‘any of the waters Consolidated Appropriations Act for
as defined in the Section 118(a)(3) of the Federal
Combined sewer systems serve a total Water Pollution Control Act (33 U.S.C. 1292).’’
Fiscal Year 2001 (Pub. L. 106–554),
population of about 40 million people This, therefore, includes Section 118(a)(3)(B), Congress amended the Clean Water Act
nationwide. Most communities with which defines ‘‘Great Lakes’’ as ‘‘Lake Ontario, Lake by adding Section 402(q). This
sradovich on DSK3GMQ082PROD with PROPOSALS

CSOs are located in the Northeast and Erie, Lake Huron (including Lake St. Clair), Lake amendment is commonly referred to as
Michigan, and Lake Superior, and the connecting
Great Lakes regions, particularly in channels (Saint Mary’s River, Saint Clair River,
the ‘‘Wet Weather Water Quality Act of
Illinois, Indiana, Maine, Michigan, New Detroit River, Niagara River, and Saint Lawrence 2000.’’ It requires that each permit,
York, Ohio, Pennsylvania, and West River to the Canadian Border);’’ and Section order, or decree issued pursuant to the
Virginia. Although large cities like New 118(a)(3)(C), which defines ‘‘Great Lakes System’’ as Clean Water Act after the date of
‘‘all the streams, rivers, lakes, and other bodies of
York, Philadelphia, and Atlanta have water within the drainage basin of the Great Lakes.’’
enactment for a discharge from a
combined sewer systems, most Collectively, EPA is referring to the Great Lakes and municipal combined sewer system shall
communities with combined sewer the Great Lakes System as the ‘‘Great Lakes Basin.’’ conform to the CSO Control Policy.

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Request for stakeholder input.
Dates		The session will be held on September 14, 2016. Comments must be received on or before September 23, 2016.
Contact		Lisa Biddle, Water Permits Division, Office of Water (4203M), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: 202-
FR Citation		81 FR 50434