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Draft Guidance on Blending Attacked By 64 House Members in Letter to EPA

Sixty-four House members, including 10 Republicans, criticized draft Environmental Protection Agency guidance allowing excess stormwater to be routed around the biological process at sewage treatment plants before recombining it with treated wastewater.
In a Jan. 12 letter to EPA Administrator Mike Leavitt, the House members said the draft guidance, designed to clarify when the practice known as blending would be allowed, would mean too much untreated sewage would be discharged into rivers and lakes. EPA published the draft guidance Nov. 7 (68 Fed. Reg. 63,042; 213 DEN A-13; 11/4/03 ). The comment period on the draft expires Feb. 9.

"This draft guidance would turn back the clock on clean water protections, and we urge the EPA to enforce and strengthen these protections, rather than consider actions that would increase the threat of waterborne illnesses and environmental degradation," the letter, circulated by Reps. Frank Pallone (D-N.J.) and E. Clay Shaw (R-Fla.), said.

Sewage treatment plant officials said they have used the practice known as "blending" since the 1970s as a way to keep the biological treatment system from being inundated during storms when flows often exceed the facility's storage capacity. This excess flow is diverted around the secondary, or biological, treatment system and recombined with the wastewater that has been treated before being discharged. The resulting effluent still meets the secondary standards required under the Clean Water Act.

Bypass Regulations

However, the House members, some EPA enforcement officials, and environmental advocates argued that blending violates the Clean Water Act's prohibitions against bypassing any portion of the treatment process. As a result, pathogens are released into rivers and lakes untreated, the letter said.
"The absence of this secondary treatment stage would allow the inclusion of numerous dangerous viruses and parasites such as Hepatitis A and Giardia in the product that is released into waterways," the letter from the House members said.

While disinfection is a common method of treatment, the letter said that without biological treatment, large quantities of chlorine would have to be used.

"Yet this draft guidance does not even require this disinfection stage, unless it is necessary to meet water quality standards," the letter said.

The Association of Metropolitan Sewerage Agencies said the guidance is needed to establish a consistent policy on the practice of blending. Municipalities in several EPA regions have either faced enforcement action or been threatened with it for allowing blending at their treatment plants. In July 2002, three municipal groups sued the agency alleging that the agency's Region III office in Philadelphia, Region IV office in Atlanta, and Region VI office in Dallas specifically ban blending and that the prohibition is an uneven application of a policy that is not supported by the agency's Clean Water Act bypass regulation.


Safer Alternatives

The House members said in the letter they understood the problem of excess flows during storms, but said blending sewage during rain events is an unacceptable alternative.
Rather, treatment facilities should consider alternatives cited in the draft guidance, including building additional capacity or short-term storage until all the sewage can be treated, the letter said.

"We find it disappointing that your agency has advanced a dangerous and environmentally harmful approach that threatens public health over these safer alternatives," the letter said.

AMSA officials said the alternatives are prohibitively expensive and would ultimately be born by ratepayers.

Nancy Stoner, an attorney at the Natural Resources Defense Council, which opposes the blending policy, said the bypass regulations, 40 C.F.R. 122.41(m), already spell out when wastewater can be legally diverted around the treatment process. These include extreme circumstances, such as to prevent a loss of life, or when no feasible alternative is available. However, the latter would require doing a feasibility analysis, she said.