MEMORANDUM TO RECORD

SUBJECT:	Meeting with Robert Weaver on Proposed Revisions to the Water Quality Standards Regulation.

DATE:	Tuesday, June 28, 2011

TIME:	2:00 PM  -  3:00 PM
		

Participants:

   * EPA HQ:  Shari Barash, Manjali Vlcan, 
   * Robert ("Bob") Weaver, Kelly & Weaver

Summary of discussion points/requests for information from Bob Weaver:

* Requested something in writing from the Agency that states that the length of a compliance schedule is not limited by the permit term
      o Shari Barash sent an email on 6/29/11 forwarding EPA's CWA section 303(c) action letters on Indiana's CSO Rule and referenced letter (Nov. 2006 letter to California State Water Resource Board)
* Requested a response on whether states can do something more stringent than federal regulations for variances and compliance schedules.  Shari Barash sent an email response on  7/12/11 stating: "Under CWA 510 a state may adopt or enforce "any standard or limitation respecting discharges of pollutants" or "any requirement respecting control or abatement of pollution" unless it is "less stringent" than a federal standard/limitation in effect under the CWA.  Since variances are considered standards and the term "effluent limitation" includes "schedule of compliance," a state could adopt a more stringent variance or compliance schedule provision than allowed under federal minimum requirements (if their state law allows it)."

* Requested that EPA consider including a link in the proposal to revise 40 CFR 131 to the water quality management planning sections in 40 CFR 130.

* Discussed his desire for "implementation schedules" for attaining the whole water quality standard (akin to the idea of "Restoration Standards" in the Florida Inland Waters Nutrient Proposed Rulemaking).

* Suggested that EPA survey the states on what they are doing in their antidegradation policies and implementation procedures and place that information in the public record for the proposal rule.

* Requested a copy of the "Variance Compendium"
