Search
Regulatory Alert (RA 00-21)

Member Pipeline - Regulatory - Alert (RA 00-21)

To: Members & Affiliates
From: National Office
Date: November 14, 2000
Subject: EPA TO ISSUE PROHIBITIVE "MIXING ZONE" REGULATIONS
Reference: RA 00-21

Action Please By:
December 4, 2000

On November 2, the U.S. Environmental Protection Agency (EPA) issued final regulations banning the use of "mixing zones" in the Great Lakes for bioaccumulative chemicals of concern (BCCs), and announced its intention to propose a national rule restricting the use of these measures in all States. Copies of EPA’s fact sheets on both announcements are attached. The Great Lakes regulation prohibits the use of mixing zones for BCCs (i.e., toxic chemicals such as mercury, PCBs, dioxin, chlordane, mirex that bioaccumulate in plants, fish, and other wildlife as they move through the food chain) and now requires that water quality standards compliance be measured at the end-of-pipe. In addition, the proposed rule announcement signals EPA’s intent to consider a wide range of mixing zone restrictions nationwide including the outright ban on the use of mixing zones for all pollutants, a more flexible State-driven approach, as well as the application of the Great Lakes bioaccumulative chemicals approach.

AMSA submitted comments on December 3, 1999 (see attached comments) strongly opposing the Agency’s proposed "blanket prohibition of mixing zones for BCCs in the Great Lakes, or other broad geographic areas." The Association disagreed with EPA’s contention that mixing zones create toxicity "hot spots", and recommended an approach which addresses mixing zones on a site-specific basis that "considers relative information on the duration and exposure of species residing within the relatively limited mixing zone area."

AMSA Requests Member Responses to Mixing Zone Survey (see attached form)
In order to assist AMSA in assessing the overall impact of a strict national mixing zone regulation, we ask that you complete the attached mini-survey by Monday, December 4. Responses can be faxed to Greg Schaner at 202/833-4657 or emailed at gschaner@amsa-cleanwater.org. Please call Greg Schaner at 202/296-9836 if you have any questions in completing the survey.

The National Office is also considering the formation of a joint Work Group within the Water Quality Committee and Legal Affairs Committee to focus on AMSA’s issues and concerns issues surrounding this notice of proposed rulemaking.

Attachments: