MEMORANDUM TO RECORD

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

DATE:	Monday, February 28, 2011

TIME:	3:00 PM – 4:00 PM

		

Participants:

EPA HQ:  Shari Barash, Christina Christensen

Robert Weaver, Kelly & Weaver

Summary of discussion points from Bob Weaver:

General:

Supports moving forward with the proposed rule.

Compliance Schedule Authorizing Provision:

Supports discussion of compliance schedules in regulatory revision.

Does not think consent decrees should be used as the mechanism for
allowing combined sewer overflows (CSOs) to comply with permits.

Indicated that long-term compliance schedules are needed, especially in
the CSO context.

Recommends CWA section 303(e)(3)(F) be recognized as a source of
authority in this rulemaking, more specifically, it is his position that
the CWA (303(e)(3)(F)), Starkist EAB decision, and DC WASA EAB decision
make it clear that the authority for granting compliance schedules lies
with the state and that states also have the authority (from the Act) to
set the length (any length) for compliance schedules. He described the
link as CWA section 303(e)(3)(F) gives states the authority to
prioritize water quality planning, including planning for compliance
schedules; therefore, allowing long term compliance schedules (e.g., for
CSOs), is part of that water quality planning. 

Indicated that he thinks our proposed rule (or preamble) should clarify
this state authority for granting long-term compliance schedules.

Variances:

Supports variances that would serve the purposes of the “Restoration
Water Quality Standards” as described in the proposed rule for the
Florida Inland Waters (Nutrients).

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