Member Pipeline - Regulatory - Update (February 2001) - Digest
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AMSA Regulatory Digest
February 2001
(Current as of March 7, 2001)The AMSA Regulatory Digest provides up-to-date regulatory and policy developments affecting the AMSA membership. The specific listings are regulatory actions which are receiving considerable attention or which are of particular importance to AMSA membership. Additional information or the current status of any of the regulatory or policy developments listed in the Update can be obtained by calling the appropriate contacts listed at the end of each section.
Table of Contents
Integrated Air Toxics Strategy: On July 19, 1999, EPA released its "National Air Toxics Program: The Integrated Urban Strategy." The strategy outlines EPA’s plans to address health impacts from both stationary and mobile sources in urban areas. The strategy identifies a list of 33 HAPs judged to pose the greatest potential threat to public health in the largest urban areas. Thirty of these HAPs are from 29 types of area sources, including POTWs. The new strategy is expected to have an impact on POTWs. Area sources are defined as small stationary sources of air toxics which emit less than 10 tons per year of any one HAP or less than 25 tons per year of a combination of HAPs. The Strategy itself does not automatically result in regulation or control of emissions from area source categories. Many of the activities identified in the Strategy are expected to require public notice and comment. EPA has indicated that it will work with a number of stakeholder groups such as AMSA to develop national assessments of the risks from air toxics and the materials to communicate the findings to the public. Copies of the National Air Toxics Program were distributed to AMSA members via Regulatory Alert 99-14. CONTACT: Lee Garrigan, AMSA 202/833-4655, or Laura McKelvey, EPA 919/541-5497.
EPA Propose to Regulate Chlorine Gas as a Pesticide: On September 18, 2000, EPA provided notice of its intent to reclassify the use of chlorine gas for water and sewage treatment as a "restricted use" under federal pesticide labeling and application regulations. This reclassification would allow only certified and trained applicators to use chlorine gas. POTW plant operators using chlorine gas would be required to receive additional training as "certified applicators." Restricted use pesticides may be applied only by or under the direct supervision of specially trained and certified applicators. Certification and training programs are conducted by states, territories, and tribes in accordance with national standards set by EPA. The September 18 notice stresses the need to integrate certified applicator training into existing wastewater operator training programs, such as those required under Occupational Safety and Health Administration’s (OSHA) Process Safety Management Program and EPA’s Risk Management Program. On December 15, AMSA submitted comments to EPA on its September 18, 2000 notice. AMSA had several concerns and comments with EPA’s proposal. While AMSA members fully agree that adequate training and safety procedures are critical to ensure the safe handling and application of chlorine gas, AMSA opposed the proposed action by EPA to reclassify chlorine gas use as a restricted use in water and wastewater operations. A final rule is expected in spring 2001. A complete copy of the AMSA comments can be viewed at http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm A copy of the September 18 Federal Register notice was distributed via Regulatory Alert RA 00-20.
EPA Proposes Dioxin Standards for Land Application of Biosolids: On December 23, 1999, the U.S. Environmental Protection Agency (EPA) published a proposed rule to limit dioxin and dioxin-like compounds in biosolids that are land applied. Specifically, EPA proposes to set a limit of 300 part per trillion (ppt) toxic equivalents (TEQ) for 29 specific congeners of polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, and coplanar PCBs, and to require minimum monitoring, record keeping and reporting requirements for dioxins in biosolids that are land applied. The proposed rule does not contain additional limits for biosolids that are being placed in surface disposal units or incinerated. On March 23, AMSA submitted its comments on EPA’s proposed dioxin standards for the use or disposal of sewage sludge. AMSA commended the Agency for proposing a rule that addresses the issue of dioxin, dibenzofurans and dioxin-like coplanar PCBs in biosolids, however, did not find adequate technical justification for EPA’s proposed 300 ppt TEQ/dry kg cap for biosolids land application. AMSA recommended that the Agency be consistent with the methodologies used to develop the limitations for metals in Round I of the regulations. Using the Round I methodology and correcting errors in EPA’s risk analysis, AMSA recommended a cap of 800 ppt TEQ for the final rule. AMSA’s contractor, Cambridge Environmental, completed a comprehensive and thorough analysis of the EPA proposal and supporting risk analysis, which was submitted as part of AMSA’s comments. A complete set of AMSA comments can be found at http://www.amsa-cleanwater.org. A final rule is scheduled to be completed by December 15, 2001, however, EPA has indicated its desire to request an extension to this court-ordered deadline. CONTACT: Mark Hoeke, AMSA 202/833-9106, or Al Rubin, EPA 202/260-7589.
AMSA Dioxin Survey: On February 4, AMSA’s Board of Directors approved a request from the AMSA Biosolids Committee to conduct a member survey of dioxin levels in municipal biosolids and a request to use Technical Action funds to hire a contractor to assist in the survey effort. The survey will help support AMSA’s comments on EPA’s December 23, 1999 proposed rulemaking to limit dioxin and dioxin-like compounds in biosolids that are land applied. One significant aspect of the EPA proposed rule is the use of historical dioxin data from EPA’s 1988 National Sewage Sludge Survey and AMSA’s 1994 Survey of Dioxins in Municipal Biosolids. While EPA’s risk analysis for the proposal assumes that dioxin levels in municipal biosolids are remaining constant or diminishing, there is relatively little data from these historical surveys that support this assumption. Without additional data, EPA’s risk analyses could be challenged and the scope of the rule broadened to remove the exemption of incineration and land disposal from dioxin limits. Additional dioxin data may also support AMSA’s comments and position on other issues in the proposed rule (e.g., application rates, thresholds for increased monitoring, use of detection levels, etc.). The survey is being modeled after AMSA’s 1994 dioxin survey, where member agencies were requested to sample their biosolids and have dioxin analyses performed by an AMSA-specified laboratory. Results of the survey are to be blind, however, a comparison of 1994 and 2000 data will be performed to determine a trend for dioxin levels in biosolids. AMSA’s contract lab is currently analyzing nearly 200 samples submitted by over 100 participating POTWs A final report is expected to be published in May 2001. CONTACT: Mark Hoeke, AMSA or Bob Dominak, NEORSD 216/881-6600.
Dioxin Reassessment May Impact Biosolids Disposal Practices: EPA’s ongoing dioxin reassessment is expected to have significant impact on EPA’s plans to finalize the proposed Part 503 Round II regulatory revisions to limit dioxin and dioxin-like compounds in biosolids that are land applied. EPA’s draft report, released in June 2001, found that dioxin levels have declined substantially over the past two decades and determined that risks to people are higher than previously believed. Some potential implications of the reassessment when finalized, could include very low (8 to 50 ppt TEQ) dioxin threshold cap for biosolids land application and/or additional restrictions on grazing or liquid application of biosolids to limit dioxin exposure. EPA is expected to issue a final dioxin reassessment document in summer 2001 upon completion of its review by the Science Advisory Board. At the same time, the Agency plans to publish a draft dioxin Risk Management Strategy for public comment. The strategy will propose EPA policy and programs for dioxin using the reassessment as its scientific basis. A copy of the reassessment documents can be obtained from http://www.epa.gov/ncea. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Amendments to Part 503 Sewage Sludge Regulation: EPA is amending the Final Sewage Sludge Use or Disposal Regulations in two rounds. Round I of the changes is taking place in two phases. On August 4, 1999 EPA published its final Round I, Phase 1 amendments to the 40 CFR Part 503 sewage sludge rule (see AMSA Regulatory Alert 99-16). Round I, Phase II, which has been postponed until 2002, will address: 1) procedures for biosolids preparers to justify and calculate a site-specific ceiling value for selenium for land applied biosolids; 2) delete the annual pollutant loading rate option for biosolids sold or given away in a bag or other container; 3) articulate the additional margin of safety afforded by heat dried pelletized biosolids products; 4) allow for vector attraction reduction equivalency for land applied biosolids; 5) move and thereby consolidate biosolids analytical methodologies to 40 CFR Part 136; and, 6) reestablishing pollutant limits for molybdenum . On December 23, 1999 EPA published a proposed rule to limit dioxins and dioxin-like compounds in biosolids that are land applied (see Regulatory Alert RA 99-24). Final promulgation of the Round II amendments is expected by December 15, 2001. CONTACTS: Mark Hoeke, AMSA 202/833-9106 or Al Rubin, EPA 202/260-7589.
NRC/EPA Radioactivity Survey: To better assess the occurrence and levels of radioactivity in biosolids, the Nuclear Regulatory Commission (NRC) and EPA is conducting a targeted survey of 300 POTWs associated with NRC licensees having the highest potential to discharge radioactive material to the sewer system. The objectives of the joint survey are to: 1) obtain national estimates of high probability occurrences of elevated levels of radioactive materials in biosolids and ash at POTWs; 2) estimate the extent to which radioactive contamination comes from either NRC/agreement state licensees or naturally occurring radioactivity; and 3) support rulemaking decisions by NRC and EPA. The information will be used in developing joint NRC/EPA guidance for POTWs to determine sources of radioactive materials, describe sampling and analysis procedures, and advise whether a response is needed to the presence of radioactive material in biosolids. The sampling program is expected to take a full year to complete. The target date for completing and publishing the survey results is June 2001. CONTACT: Mark Hoeke, AMSA 202/833-9106, Sam Hadeed, NBP, 703/684-2418, Bob Bastian, EPA 202/260-7378, or Phyllis Sobel, NRC 301/415-6714.
Radioactivity Dose Modeling: On December 12-14, 2000 EPA’s Radiation Science Advisory Board (SAB) met to discuss the current status of the Interagency Steering Committee on Radiation Standards (ISCORS) survey of radionuclides in biosolids, and ISCORS’s efforts to develop a dose modeling report. The dose modeling report is intended to estimate the potential incremental increases in radiological exposure to the public and others from biosolids handling and disposal/reuse. At the December meeting, the SAB debated the use of different radiation models, and provided its input on how survey results should be interpreted. Due to a commitment to the OMB, the ISCORS plans to release a report with the results of a 300-POTW survey by the end of June 2001. However, the ISCORS dose model report may not be available to interpret the survey results and evaluate incremental doses of radionuclides in sludge or ash. To ensure that adequate interpretation of ISCORS survey results is available when survey results are released, AMSA’s Board of Directors approved funding to complete revision and finalization of a draft AMSA radiological dose model report to reflect current modeling methodologies developed through the ISCORS committee. ISCORS has also developed a draft technical support document (TSD) to support its radiological dose model, which can be found at http://www.epa.gov/radiation/tenorm/whatare.cfm. CONTACT: Mark Hoeke, AMSA 202/833-9106, or Sam Hadeed, NBP, 703/684-2418.
National Biosolids Partnership: The National Biosolids Partnership (NBP) is a joint initiative of AMSA, EPA, and the Water Environment Federation (WEF). The Partnership’s mission is to promote the safe and efficient biosolids use and disposal around the country. The NBP is leading the development of an Environmental Management System (EMS) for biosolids. The EMS, a set of national management protocols, will be used by biosolids producers and appliers to demonstrate to their communities that biosolids products exceed market and regulatory standards. Four projects related to the EMS, including the development of: 1) a National Manual of Good Practices; 2) an EMS Guidance Document; 3) a Third Party Verification Program; and 4) an EMS Demonstration Program, are currently being managed by the Partnership. The NBP recently provided an introduction to the EMS program at AMSA’s Management Conference in late Janaury/early February 2001 in San Diego, CA. At the completion of the demonstration project in late 2001, a final EMS blueprint reflecting refinements of the program will be presented to the wastewater profession as a progressive management approach to facilitate and advance public acceptance of biosolids programs in local communities. NBP’s website -- http://www.biosolids.org provides additional information on the Partnership and on the EMS. CONTACT: Sam Hadeed, NBP 703/684-2418.
National Academy of Sciences Study of Part 503 Land Application Standards: The National Academy of Science has appointed sixteen experts to a study Committee to review information relevant to toxicological and pathogenic risks of sludge following land application and determine their applicability to the 503 rule. Originally requested by EPA, the Committee will: 1) Review the risk-assessment methods and data used to establish concentration limits for chemical pollutants in sludge to determine whether they are the most appropriate approaches; 2) Review the current standards for pathogen elimination in sludge and their adequacy for protecting public health; 3) Explore whether approaches for conducting pathogen risk-assessment can be integrated with those for chemical risk-assessment. The Committee is composed primarily of professionals from academia, and includes two environmental consultants and one state biosolids program coordinator. A full Committee membership list can be found at http://www4.nas.edu/webcr.nsf/ProjectScopeDisplay/BEST-K-00-02-A. The Committee will hold their first meeting on March 14-15, 2001. The Committee is expected to author a consensus report by the summer of 2002. CONTACT: Lee Garrigan, AMSA 202/833-4655.
EPA Expects to Propose Rule on Electronic Reporting in the NPDES Program: EPA expects to propose a rule to allow NPDES reports and other information to be submitted electronically. The proposed rule would establish criteria for electronic reporting and a specific process and conditions for electronic reporting of discharge monitoring reports. The proposal addresses electronic signature, certification, and record keeping requirements that permittees would follow when submitting forms to EPA electronically. EPA expects to propose this rule in early 2001. CONTACT: Brian Frazer, EPA 202/260-0101.
Draft Guidance for Permitting Discharges Into Impaired Waters Prior to a TMDL: On September 22 AMSA submitted a letter to EPA concerning its draft guidance to permit writers for developing water quality-based effluent limits prior to the development of a TMDL. An AMSA review of an early August 31, 2000 draft of the national guidance revealed that while several options were being considered, point sources were unfairly targeted by the agency during the period prior to development of State TMDLs. In the letter, AMSA argued that EPA’s draft approach: 1) was contradictory to watershed management approaches; 2) will result in unnecessary expenditures of limited resources without corresponding environmental benefit, and 3) that EPA has discretion under the law to account for the TMDL process during the interim permitting timeframe. AMSA ultimately urged EPA to focus its resources on assisting states in completing TMDLs rather than supporting a flawed interim permitting approach. AMSA continued it discussions with EPA during its Legal Affairs meeting on October 17 at WEFTEC in Anaheim, California. Agency officials stressed that the document is in the form of working papers and that no final Agency decisions have been made. For a copy of AMSA’s letter, visit AMSA’s website at http://www.amsa-cleanwater.org. CONTACT: Lee Garrigan, AMSA 202/833-4655.
Pretreatment & Hazardous Waste Issues
Effluent Guidelines Plan: [Federal Register, August 31, 2000] Section 304(m) of the Clean Water Act requires EPA to publish a biennial Effluent Guidelines Plan. In the plan, EPA highlights current effluent guidelines under development, the process for selection of new effluent guideline regulations, and preliminary and ongoing studies. Table 1 presents a summary of effluent guidelines currently under development. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Beverly Randolph, EPA 202/260-5373.
Table 1 - Effluent Guidelines Currently Under Development
Category |
Federal Register Cite/Proposal Date | Final Action |
| Centralized
Waste Treatment Coal Mining- Remining & Western
Subcategories |
60 FR 5464 (January 27, 1995) 64 FR 2279 (January 13, 1999) 65 FR 19439 (April 11, 2000) 10/00 60 FR 28209 (May 30, 1995) - Phase I only; 10/00 I &II 03/02 12/15/00 58 FR 66078 (December 1993) 12/01 6/30/02 |
12/22/00 |
Streamlining Pretreatment Program Requirements - Proposed Rule: [Federal Register, July 22, 1999] On July 22, 1999, EPA formally released proposed regulatory and administrative changes to streamline the national industrial pretreatment program (40 CFR Part 403). Several revisions to the pretreatment program that would reduce the current burden to POTWs and industrial users were proposed, including: exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants; clarification of requirements for implementing pretreatment standards; and more flexible reporting, inspection and sampling requirements. While supportive of many of the proposed changes, AMSA has major concerns with EPA’s proposed modification of significant noncompliance (SNC) criteria, revised pH standards, and the definition of de minimus industrial users. AMSA’s Pretreatment and Hazardous Waste Committee leadership developed a formal position paper on all of the proposed changes. The EPA Water Docket received over 100 sets of comments from AMSA member agencies. A final rule is planned for summer 2001. CONTACTS: Mark Hoeke, AMSA 202/833-9106, or Jeff Smith, EPA 202/260-5586.
Proposed Revisions to the Water Quality Planning and Management Regulation: [Federal Register, August 23, 1999]. On July 13, 2001 the U.S. Environmental Protection Agency (EPA) published final revisions to its controversial total maximum daily load (TMDL) program – titled, "Revisions to the Water Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge Elimination System (NPDES) Program in Support of the Revisions to the Water Quality Planning and Management Regulation." The rules, designed to revamp the way the nation addresses impaired waters, were originally proposed in August 1999 and have come under intense scrutiny from Congress and those potentially impacted by the TMDL program. Farmers, forestry interests, States, and industry have mounted an intense lobbying campaign to prevent EPA from finalizing these rules. Due to limitations imposed by Congress, EPA promulgated an effective date for the new TMDL rule as October 2001. Until that time, the current TMDL rules will be in effect. AMSA distributed the final rule to the membership via Regulatory Alert RA 00-15. Throughout the rule development process, AMSA has been a key participant in the debate with the Agency and Congress. AMSA has consistently advocated for continuing water quality improvement in the Nation through the inclusion of nonpoint sources in the TMDL process. On August 21, 2000 the American Farm Bureau Federation, and other plaintiffs filed a regulatory petition challenging the July 13, 2000 TMDL rule as unlawful before the D.C. Circuit Court of Appeals. Numerous environmental groups have filed motions to intervene and to participate as amici curiae to defend the TMDL rule. On September 25, 2000 AMSA intervened in this case to protect the broad interests of POTWs. CONTACT: Lee Garrigan, AMSA 202/833-4655 or Don Brady, EPA 202/260-5368.
Guidance on Water Quality Assessment and Listing: On December 4, EPA hosted a second series of stakeholders meeting concerning the development of a Consolidated Assessment & Listing Methodology (CALM) guidance to states for identifying and tracking impaired waters. Section 305(b) of the Clean Water Act requires states and other jurisdictions to submit biennial water quality reports to EPA . Under Section 303(d), states are required to identify waters that are not attaining water quality standards and develop Total Maximum Daily Loads (TMDLs) for these waters. The purpose of these meetings is to develop a consolidated 305(b)/303(d) assessment and listing methodology (CALM) approach to streamline and improve these two reporting requirements. The CALM will be part of the overall TMDL guidance document, and will describe data which a state should cover in a consolidated Section 305(b)/303(d) assessment. On December 14, AMSA submitted comments to EPA on a draft outline of Consolidated Assessment and Listing Methodology (CALM) guidance. AMSA’s comments emphasized the need for accurate information on water quality and supported EPA’s development of the CALM document as a means of assuring that state 305(b) assessments and 303(d) listings decisions are based on sound data quality and monitoring protocols. AMSA pointed out several key areas that should be detailed in the guidance, including: 1) the use of monitored vs. evaluated data (i.e., waters defined as impaired using probabalistic data are more appropriately listed under 305(b) and can be targeted for more monitoring); 2) using section 305(b) reporting procedures for waters with insufficient information; 3) minimum standards for section 303(d) listing determinations; 4) use of state-adopted water quality standards in 303(d) listing decisions; and, 5) voluntary exchange of effluent data for instream monitoring. For a complete copy of AMSA’s comments, see http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm. EPA expects to issue a final guidance in May 2001. CONTACT: Susan Holdsworth, EPA 202/260-4743.
Mixing Zones for Bioaccumulative Chemicals of Concern: On November 2, EPA issued final regulations banning the use of mixing zones for bioaccumulative chemicals in the Great Lakes, 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 were distributed to the membership via Regulatory Alert RA 00-21. The Great Lakes regulation prohibits the use of mixing zones for bioaccumulative chemicals of concern (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 (not just BCCs), 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 strongly opposing the Agency’s proposed "blanket prohibition of mixing zones for BCCs in the Great Lakes, or other broad geographic areas." AMSA 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 the relative information on the duration and exposure of species residing within the relatively limited mixing zone area." AMSA’s Water Quality Committee is leading a survey of the membership to help in assessing the potential impact of a national mixing zone ban on POTWs and encourage EPA to adopt a more flexible approach. CONTACT: Mark Morris, EPA 202/260-0312 or Mark Hoeke, AMSA 202/833-9106.
Development of National Nutrient Criteria: On January 9, EPA announced the availability of national nutrient criteria for seventeen ecoregions across the country - criteria for eight ecoregions for lakes and reservoirs; eight ecoregions for rivers and streams; and one ecoregion for wetlands. EPA expects these recommended criteria will be used to support the development of more localized, waterbody specific state and tribal nutrient criteria. States and tribes are expected to adopt or revise ecoregional nutrient criteria that are published in 2001 into water quality standards by 2004. EPA states that the recommended ecoregional nutrient criteria are intended to "identify baseline conditions of surface waters that are minimally impacted by human activities and protect against the adverse effects of nutrient overenrichment from cultural eutrophication." AMSA has repeatedly expressed concerns that EPA’s nutrient criteria development approach has not been directly related to effects or impairment of uses. EPA’s nutrient criteria are numerical values for both causative (phosphorus and nitrogen) and response (chlorophyll a and turbidity) variables that were developed through statistical distributions of existing stream data, not distinguishing between nutrient enrichment and impairment. EPA will develop ecoregional nutrient criteria documents for lakes and reservoirs, rivers and streams, and wetlands for the remaining ecoregions, as well as estuarine and coastal waters in the future. For more information on the nutrient criteria, visit EPA’s nutrient criteria web site at: http://www.epa.gov/ost/standards/nutrient.cfml. Also listed on the web site is a map of the nutrient ecoregions and guidance manuals used to develop nutrient water quality criteria for lakes and reservoirs and rivers and streams. A copy of the ecoregional specific criteria can be obtained from the U.S. National Service Center for Environmental Publications (NSCEP), 11029 Kenwood Road, Cincinnati, OH 45242 or (513) 489-8190 or toll free (800) 490-9198.
Mercury Analytical Method 245.7: On January 18, 2001 EPA distributed samples to 10 laboratories participating in a validation study of Mercury Method 245.7. Labs were requested to complete sample analyses of distributed samples by March 5, 2001. During an August 3, 2000 meeting with EPA, AMSA urged the Agency to re-initiate the approval process for draft mercury analytical method 245.7, Mercury in Water by Cold Vapor Atomic Fluorescence Spectrometry. This analytical method can be nearly as sensitive as the low level Method 1631, but can be performed at a fraction of the cost. It is expected that EPA will perform an analysis of the validation results and issue a proposed rule in early summer. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Measuring Source Control Effectiveness for Mercury: AMSA awarded a contract to Larry Walker Associates (an AMSA affiliate based in Davis, California) to perform an 11-month study on the effectiveness of source control measures in reducing mercury levels in POTW effluent and sludge. The project is being funded by an EPA cooperative agreement. The proposed project will build on a recently released AMSA report characterizing domestic sources of mercury (see Regulatory Alert 00-16) and provide detailed insight into several pilot community source reduction programs. The project will attempt to: 1) demonstrate and evaluate the environmental benefits that result from implementation of mercury source control programs; 2) make a projection on the feasibility, based on available data, of reducing POTW effluent levels to new regulatory compliance standards (<1 to 3 parts per trillion) through the implementation of mercury source control programs; and, 3) assist Federal, state, and local officials in determining appropriate cost effective mechanisms to control mercury discharges from POTWs. AMSA has formed a Project Steering Committee, which includes representatives from EPA, states, industry, and POTWs, to assist in the development of the study. The study is expected to be completed in May 2001. CONTACT: Mark Hoeke, AMSA 202/833-9106.
EPA Releases Results of WET Interlab Study: In February 2001, EPA submitted its WET Interlaboratory Variability report for peer review. The study was originally commissioned as part of a July 1999 settlement agreement between EPA and the Western Coalition of Arid States (WestCAS). Forty-three AMSA members participated in the study as sponsors to participating laboratories. The study reports results of false positive rates for all WET tests except one at less than 5 percent (the Selenastrum chronic test method was reported at 33 percent false postive). The peer review is expected to be completed by April 1, 2001. As per a July 1999 WET litigation settlement, EPA committed to issue a proposed rule that will, among other things, ratify, withdraw, or propose to revise virtually all of the WET methods in 40 CFR Part 136. The proposal is supposed to be signed by September 24, 2001. AMSA hired Tim Moore, of Risk Sciences International to review of EPA’s data analysis and peer review. On December 12, 2000 AMSA encouraged EPA to consider comments from WestCAS in finalizing its charge to peer-reviewers and preliminary report. AMSA members who participated in the study will receive a copy of the peer-review report from the National Office. CONTACT: Mark Hoeke, AMSA 202/833-9106.
EPA to Propose Modifications to Ocean Discharge Criteria: On January 19, then-EPA Administrator Browner signed proposed revisions to Clean Water Act ocean discharge regulations. The proposed regulations would establish a new designated use, "Healthy Ocean Waters," for all ocean waters which do not have applicable CWA water quality standards in place. The proposal identifies 16 specific water quality criteria for trace metals, insecticides, halogenated hydrocarbons, cyanide, and chlorine that would need to be met to achieve the new designated use. The proposal also provides for the establishment of Special Ocean Sites (SOSs) which are areas within ocean waters that are of outstanding value. SOSs include critical habitat established under the Endangered Species Act, high value coral reefs, and hydrothermal vents. Four specific areas are proposed to be established for SOSs including: Flower Garden Banks off Texas; Gorda Ridge-Blanco Fracture Zone off Oregon; Escanaba Trough of the Gorda Ridge off California; and the Northern Right Whale Critical Habitats off Eastern US. The rule is currently delayed and undergoing review by the EPA Adminstrator Whitman, as per a Janaury 20 Bush White House memorandum ordering a hold on the publication of any regulations until a review by the appropriate President Bush-appointed department or agency heads. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Sanitary Sewer Overflows: On March 5, AMSA, other municipal organizations (National League of Cities, National Association of Counties, Tri-TAC, and the American Public Works Association) and the Water Environment Federation delivered a joint letter to EPA Administrator Whitman requesting that the Agency review the unpublished January 5, 2001 SSO proposal to "evaluate alternatives that are equally as protective of water quality" which includes an alternative that "establishes a standards for sanitary sewer collections systems that utilizes rigorous CMOM implementation for defining unavoidable overflow events in well-run systems." The letter faults the January 5 EPA proposal as based on the premise that sanitary sewer collection systems can be built and operated to never under overflow under any conditions. The AMSA/municipal group letter was delivered as a result of a January 20 White House Office of the Press Secretary memorandum to heads and acting heads of federal agencies ordering a hold on the publication of any regulations until a review by the appropriate President Bush-appointed department or agency heads. As a result of the January 20, 2001 memorandum, the proposed sanitary sewer overflow (SSO) rule has been effectively delayed pending a review by new EPA Administrator Christine Todd-Whitman. There have been no indications yet of when this review will be completed and what implications the evaluation will have for the ultimate fate of the proposed rule. Despite the delay, AMSA’s National Office and SSO Work Group are proceeding without interruption in the formulation of substantive comments on the current pre-publication version of the proposed rule.
On February 2, AMSA’s Board of Directors approved technical action funds to hire contractor assistance to assess the cost/benefits of the proposal. AMSA has also requested member agencies via Regulatory Alert 01-4 to review the current version of the proposed SSO rule and preamble, and submit comments to the National Office by April 2, 2001. AMSA has raised a number of significant concerns with the current version of the proposed rule. A section-by-section discussion of those concerns was included as part of Regulatory Alert 01-2. CONTACT: Greg Schaner, AMSA 202/296-9836, or Kevin Weiss, EPA 202/260-9524.
CSO Water Quality Standards Guidance: On January 3, 2001 EPA published a draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for a 60-day public comment period. The 60-day comment period ends on March 5, 2001. The document is intended to guide States and EPA Regions on how to integrate combined sewer overflow (CSO) planning within the process for reviewing and revising water quality standards to address CSO receiving waters. Copies of the draft guidance document, EPA’s summary letter and fact sheet were distributed to the AMSA membership via Regulatory Alert RA 01-1. The guidance document was required by Congress in the FY 1999 Appropriations process (House Report 105-769). As a result of the recent Wet Weather Water Quality Act of 2000 passed by Congress in December 2000, EPA is now required to issue final guidance by December 31, 2001. Through this guidance, EPA hopes to "lay a strong foundation for integrating CSO long-term control planning with water quality standards reviews." One of the hallmarks of the CSO Control Policy is the review and revision, as appropriate, of water quality standards and their implementation procedures when developing CSO Long Term Control Plans (LTCP) to reflect the site-specific wet weather impacts of CSOs. CONTACT: Greg Schaner, AMSA 202/296-9836 or Tim Dwyer, EPA 202/260-6064.
AMSA Urges EPA to Implement Consistent Approach on Wet Weather Blending: On March 1, AMSA and other municipal advocates met with EPA officials to further develop a national policy on the blending of wet weather flows. "Blending" (also referred to as "recombination", "slipstreaming", and "internal bypassing"), is the practice of mixing partially-treated, disinfected wet weather flows with fully treated effluent prior to discharge to meet secondary treatment standards during wet weather events. In the wake of several EPA Regions asserting that blending is prohibited under the bypass regulations, EPA Headquarters is clarifying that this practice is permitted under certain prescribed conditions. In late February 2001, EPA Acting Assistant Administrator for Water Diane Regas sent letters to several Members of Congress in response to requests for EPA’s position on blending. The Regas letters outline the same approach presented in the Agency’s January 19, 2001 "Current [draft] Thinking on Peak Flows at POTWs" (distributed via Regulatory Alert 01-3). This approach would permit blending where: 1) the discharge meets effluent limitations based on secondary treatment and water quality standards; 2) the permit application and permit recognize the peak flow treatment scheme consistent with "generally accepted practices and design criteria"; 3) blending only occurs when flow exceeds capacity; 4) the treatment scheme is operated consistent with the permit; and 5) the permit contains "appropriate requirements for the collection system". During the meeting several topics were identified for further discussion, including how frequently facilities should be allow to blend; whether some flows may receive the "equivalent" of primary treatment; what are the "generally accepted practices and design criteria" for peak flows; and what EPA means by "appropriate requirements for the collection system". The National Office is requesting member input on these and other issues identified in Regulatory Alert 01-3 (Member Pipeline at http://www.amsa-cleanwater.org) by Monday, March 19. CONTACT: Greg Schaner, AMSA 202/296-9836