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EPA/OW

RIN: 2040-AF81

Publication ID: Fall 2020

Title: Peak Flows Management
Abstract: Wet weather events (e.g., rain, snowmelt) can affect operations at publicly owned treatment works (POTWs) when excess water enters the wastewater collection system. Large wet weather events can exceed the POTW's capacity to provide the same type of treatment for all of the incoming wastewater. This update to the regulations will seek to clarify permitting procedures under 40 CFR part 122 to provide POTWs with separate sanitary sewer systems flexibility in how they manage and treat peak flows under wet weather conditions. These updates will also seek to ensure a consistent national approach for permitting POTWs that allows efficient treatment plant operation while protecting the public from potential adverse health effects of inadequately treated wastewater.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
EO 13771 Designation: Deregulatory
CFR Citation: 40 CFR 122
Legal Authority: 33 U.S.C. 1311 33 U.S.C. 1314

Legal Deadline:

Action	Source	Description	Date
None

Statement of Need: This update to the regulations will seek to clarify permitting procedures for POTW treatment plants with separate sanitary sewer systems under wet weather operational conditions. These updates will also seek to ensure a consistent national approach for permitting POTWs that provides for efficient treatment plant operation while protecting the public from potential adverse health effects of inadequately treated wastewater.

Summary of the Legal Basis: The rule will be proposed under the Clean Water Act, 33 U.S.C. 1311 and 33 U.S.C. 1314.

Alternatives: Alternatives will be analyzed at the time of the proposal.

Anticipated Costs and Benefits: A cost analysis analyzing anticipated costs and benefits will be developed for the rulemaking at the time of proposal.

Risks: The agency will be able to analyze the risks of the proposed rulemaking once policy decisions have been made.

Timetable:

Action	Date	FR Cite
NPRM	12/00/2020
Final Rule	02/00/2022

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Local, State, Tribal
Small Entities Affected: Undetermined	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Lisa Biddle Environmental Protection Agency Office of Water 4303T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-0350 Email: biddle.lisa@epa.gov Jamie Piziali Environmental Protection Agency Office of Water 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-1438 Email: piziali.jamie@epa.gov