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Regulatory - Alert (RA 99-19)

Member Pipeline - Regulatory - Alert (RA 99-19)

To:

Members & Affiliates, Water Quality Committee

From:

National Office

Date:

October 20, 1999

Subject:

Prohibition of Mixing Zones for Bioaccumulative Chemicals

Reference:

RA 99-19

Action Please By: November 19, 1999

On October 4, 1999, EPA published a proposal in the Federal Register to amend the Final Water Quality Guidance for the Great Lakes System (40 CFR Part 132). This proposal would prohibit mixing zones for bioaccumulative chemicals of concern (BCCs) in the Great Lakes System, subject to a limited exception for existing discharges. For existing discharges, the regulation would prohibit mixing zones for BCCs starting 10 years after the publication date of the final BCC mixing zone rule. New discharges of BCCs would be subject to the mixing zone prohibition immediately upon commencing discharge. EPA had promulgated a mixing zone prohibition similar to the October 4, 1999 proposal on March 23, 1995 as part of the Water Quality Guidance for the Great Lakes System. The provision was vacated by the U.S. Court of Appeals for the District of Columbia Circuit in the case of American Iron and Steel Institute v. EPA, and was remanded to the Agency for further consideration.

In announcing this new proposal on September 24, 1999, EPA Administrator Carol Browner indicated that the Agency will “work closely with state and local government, industry, environmental and public health groups, and other partners to review the use of mixing zones for bioaccumulative toxic chemicals to determine if they should be phased out nationwide.” She also “challenged governors across the country to follow the lead of the Great Lakes states in the meantime, by phasing out mixing zones for these pollutants in all of America's waters.”

AMSA is interested in providing comments on the October 3, 1999 proposal, and requests your input on key issues including, but not limited to:

  • Impact of point sources on overall loadings: Point sources may be a minor contribution to the overall loading of a pollutant to a waterbody. For example, EPA's own Report to Congress indicated that atmospheric deposition is the major source of mercury input to the Great Lakes System. AMSA has estimated that POTWs contribute 1 to 2 percent of this loading. While some of the point source portion of this loading may be addressed through the implementation of source control activities, there may be sources that cannot be controlled (e.g., mercury in human waste), and which ultimately require treatment technologies to achieve anticipated regulatory compliance levels. In its Benefits discussion on page 53638, EPA indicates that the mass of BCCs from point sources could be reduced by a factor of 10 to 100 if mixing zones are prohibited. AMSA would question this estimate and the cost effectiveness of the proposed approach to reducing the overall loading of BCCs to the Great Lakes.
  • Exceptions: EPA is proposing a limited exception to allow minimal BCC mixing zones to accommodate technical and economic considerations. EPA has also indicated that the exception would be granted only in exceptional circumstances. AMSA has collected data on domestic contributions and effluent levels of mercury at POTWs which indicate levels of mercury significantly higher than regulatory compliance levels, and illustrating the need for a broader compliance strategy. AMSA will likely provide recommendations concerning this need and also address page 53637 of the proposal, where EPA has requested comment on narrow exceptions for new discharges from municipalities.
  • Potential costs of the proposal: EPA has estimated the annual compliance costs to be in the range of $12 to $35 million with POTWs and indirect dischargers bearing 92 to 97 percent of the burden. Please comment on what you believe the annual compliance burden of this proposal would be to your Agency considering the limited exceptions to the prohibition and the costs for pursuing these exceptions.

AMSA will be requesting an extension to EPA's current December 3, 1999 deadline for comments, and will notify the membership if the EPA deadline is subsequently extended. If you provide your comments directly to EPA, we would ask that you provide a copy of your comments to the AMSA National Office.. If you are interested in providing comment on the proposal, please provide your comments to the AMSA National Office by November 19, 1999. Comments should be addressed to Mark Hoeke via fax (202/833-4657) or e-mail mhoeke@amsa-cleanwater.org.

Attachments:

  • Federal Register Proposal to Amend the Final Water Quality Guidance for the Great Lakes System to Prohibit Mixing Zones for Bioaccumulative Chemicals of Concern
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