Member Pipeline - Regulatory - Alert (RA 05-01)
To: Members & Affiliates
From: National Office
Date: January 4, 2005
Subject: REQUEST FOR WHOLE EFFLUENT TOXICITY AND METALS DATA FOR AMSA-FUNDED PROJECT
Reference: RA 05-01
Printer friendly versionAction Please By:
January 18, 2005
AMSA is using Targeted Action Fund monies to co-sponsor the development of a database consisting of whole effluent toxicity (WET) test results and measurements of metals in wastewater from permitted point sources in an effort to highlight potential flaws in the U.S. Environmental Protection Agency’s (EPA or Agency) reasonable potential (RP) methodology and to explore alternative methods for making RP determinations. The other co-sponsors include members of the Inter-Industry Analytical Group and the WET Coalition. Based on preliminary studies, the project consultant believes that EPA’s RP methodology, in other words how the agency decides whether a particular effluent has a "reasonable potential" to contribute to exceeding a water quality standard, is overly conservative and results in permit limits for too many dischargers.
While the results of this study will likely have wide-ranging impacts for the permitting process nationwide, AMSA and the other co-sponsors also hope that the study will be completed in time to help prepare comments on EPA's draft implementation guidance on WET, which was released on December 28, 2004. This means that AMSA will need the information/data outlined below by January 18, 2005. To submit data or if you have any questions, please contact Chris Hornback, AMSA’s Director of Regulatory Affairs at 202/833-9106 or chornback@amsa-cleanwater.org.
The study will not be possible without this data, so AMSA would greatly appreciate any information you can share. The project consultant needs as many test results as possible. WET tests that show toxicity will be especially helpful for the study. AMSA and the project consultant will keep all data and information confidential. The names of the agencies providing the data will not be reported or made public without prior permission from the provider.
Data Requested
The following information/data on WET, metals, and PCBs (if
available) are requested. The project consultant is interested in data as far
back as your agency has records and would prefer an electronic format (Excel),
but will accept hardcopy as well:
1. Copies of any National Pollutant Discharge Elimination System (NPDES)
permits that require WET tests;
2. Copies of any NPDES permits that require testing for metals (e.g., copper,
mercury, lead, zinc);
3. Copies of any NPDES permits that require testing for polychlorinated biphenyl
compounds (PCBs);
4. Copies of the fact sheets for each NPDES permit provided;
5. All laboratory WET test reports submitted by the WET testing laboratory for
the WET tests conducted under each NPDES permit;
6. All laboratory test reports for metals testing (and PCB testing, if
available) conducted under each NPDES permit; and
7. A contact person at each facility to call for any needed clarification.
Please send all information/data to:
Attn: Chris Hornback
Director, Regulatory Affairs
AMSA
1816 Jefferson Place, NW
Washington, DC 20036
chornback@amsa-cleanwater.org
Detailed Project Description
The project consultant has completed several research projects
that evaluated the accuracy and precision of WET test results and the use of
uncertainty measures in regulatory decision-making, compliance determinations,
and assessment of RP. This research has resulted in new insights into EPA's
methods for establishing RP, alternative methods for setting RP using
model-based endpoint (e.g., IC25, LC50) uncertainty estimates, and methods for
incorporating model-based endpoint uncertainty into compliance determinations
for WET limits in NPDES permits. The project consultant believes that these
insights and methods developed for WET are directly applicable to
chemical-specific limits in permits, such as those for metals.
The project will extend and enhance the research conducted under these prior research efforts. In particular, the project consultant will use effluent WET test and metal monitoring data and NPDES permit information to conduct an initial evaluation of the implications of alternative methods for establishing RP (1) on the probability of finding RP for WET and metals, and (2) the number and severity of toxicity and metal limits in industry-specific NPDES permits.
The project consultant will develop a database that will include the following: (1) information on actual WET test results for effluents, (2) information on actual metals monitoring data for effluents, and (3) information on NPDES permits for those effluents. The database will consist of information submitted by AMSA members and the members of other sponsoring organizations.
The project consultant will conduct preliminary analyses on a subset of the database. In particular, they will apply the alternative methods for establishing RP that were developed in earlier research. The objective will be to use a limited subset of the case study data to establish the following: (1) the probability of finding RP for WET and metals using alternative RP methods, (2) the reduction in the number of dischargers with WET and metals limits using alternative RP methods, (3) the reduction in severity in WET and metals limits when incorporating uncertainty estimates in the RP process, (4) the degree to which the EPA and alternative RP methods accurately estimate the true 95th and 99th percentiles of WET and metals data distributions based on small (n <10) and large (n >10) data sets and overestimate the true toxicity of an effluent and metals concentrations in the receiving water, and (5) the variance in model-based endpoints based on WET test effluent results.