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Water Pollution

Environmental Groups Support Decision
On Blending Policy; EPA Eyes Alternatives

Environmental groups hailed a decision by the Environmental Protection Agency to abandon a draft policy clarifying when sewage treatment plants can blend partially treated wastewater with fully treated flows.

EPA announced May 19 it would drop the policy it drafted in November 2003 outlining when publicly owned treatment plants would be permitted to blend (97 DEN A-1, 5/20/05 ).

However, the agency will consider other options to address the problem of addressing wet weather flows that may produce more wastewater than sewage treatment plants can handle at one time.

EPA's decision came hours before the House agreed in a voice vote to an amendment to the agency's fiscal year 2006 funding bill that would keep EPA from issuing the policy. The amendment was sponsored by Reps. Bart Stupak (D-Mich.), Clay Shaw (R-Fla.), Frank Pallone (D-N.J.), and Jeff Miller (R-Fla.) (96 DEN A-1, 5/19/05 ).

"When the time came for a public showdown over EPA's sewage dumping policy, the agency blinked," Nancy Stoner, director of clean water projects at the Natural Resources Defense Council, said in a statement. "Faced with the prospect of an embarrassing defeat in the House, the EPA and its congressional allies had no choice but to wake up and smell the sewage."

Eryn Witcher, an EPA spokeswoman, told BNA the agency decided to pull the policy after reviewing thousands of comments on the draft policy expressing opposition.

"We definitely want less blending, not more blending," she said. "We need to make sure we're protecting our communities."


EPA Studying Options

However, the agency is still looking at the possibility of issuing another policy or possibly conducting a rulemaking to resolve conflicts over the interpretation of Clean Water Act regulations regarding secondary treatment--the standard discharges to U.S. waters must meet--and the prohibition on bypassing any portion of the treatment system.
Environmental advocates, such as NRDC, had argued that blending violates regulations that prohibit the bypass of any portion of the treatment process except in extreme circumstances such as to prevent the loss of life or when no feasible alternative exists.

Blending involves routing a portion of high wet weather flows that have undergone primary treatment, which basically removes solids, around the secondary treatment system, a biological process to remove pathogens and biochemical oxygen demand compounds.

This rerouted flow is then combined with the treated flows before being discharged and typically meets secondary treatment standards, EPA and wastewater treatment officials say. Opponents of the practice said it allows for high levels of pathogens to be released into rivers and streams posing a health threat to the public.

Benjamin Grumbles, EPA assistant administrator for water, told BNA the agency was looking at other policy and legal options including a review of the bypass regulations and what they really mean.

"Our intent was not to increase blending overall or to imply that it should be a routine practice," Grumbles said. "Part of the concern was [the draft policy] had terms that needed greater specificity."


Blending Not 'Long-Term' Solution

While EPA does not think blending is a "long-term solution" for addressing peak wet weather flows, he said, the agency must consider "feasibility and practicality" as important factors in any policy discussions.
"We recognize there are instances that a facility may demonstrate [blending] is the only feasible solution," he said. "We got more work to do."

EPA on May 19 sent a letter to Reps. Don Young (R-Alaska) and John Duncan (R-Tenn.), the respective chairmen of the House Transportation and Infrastructure Committee and its subcommittee on water resources and environment, informing them of their decision not to move forward with the draft policy.

"Based on our review of all the information received, we have no intention of finalizing the blending policy as proposed in November 2003," Grumbles said in the letter.

Officials representing large municipal wastewater treatment plants said they were "disappointed" by the decision and predicted more lawsuits could result in the absence of a consistent national policy.

Adam Krantz, a spokesman for the National Association of Clean Water Agencies, told BNA May 20 municipalities will continue to push for EPA to establish a consistent policy on when treatment plants can blend. They will also try to get the essence of the Stupak amendment eliminated when the EPA funding bill goes to conference with Senate appropriators, who have not yet considered their own version of the spending legislation.

He also questioned what the agency meant in saying it would not issue the policy "as proposed." That could be a word change or a sea change, he said.


Federal Lawsuit Pending

One lawsuit is already pending over what cities say is the inconsistent interpretation of whether blending violates the bypass regulations.
The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments May 19 in a lawsuit by Little Rock, Ark., and municipalities in Pennsylvania and Tennessee over what they say are directives from EPA's Region 3 office in Philadelphia, Region 4 office in Atlanta, and Region 6 office in Kansas City prohibiting states from issuing National Pollutant Discharge Elimination System permits allowing treatment plants to blend (Pennsylvania Municipal Authorities Association v. Johnson, D.C. Cir., No. Civ. 02-01361, 5/19/05).

John Hall, an attorney representing the cities, said the EPA regions have raised objections to the blending practice through a series of memos and correspondence. As a result, some cities are unsure whether they will face enforcement action if they have to blend to accommodate heavy flows during wet weather, the municipalities have argued.

Municipalities argue that the agency needs to be consistent and clarify under what conditions blending will be allowed.

Until the agency does clarify its position, Hall said, "We're back at square one."