Member Pipeline - Regulatory - Update (May 2001)
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To: Members, Affiliates Legal Affairs Committee From: National Office Date: May 20, 2001 The National Office is pleased to provide you with the Regulatory Update. This Update provides a narrative summary of relevant regulatory issues or actions current to April 13, 2001. A Regulatory Digest of regulatory activities currently tracked by AMSA also is attached. If you have any questions or comments, please contact the AMSA National Office, 202/833-AMSA or info@amsa-cleanwater.org.
May Meeting Holds Many Opportunities for AMSA Members
AMSA’s 2001 National Environmental Policy Forum and 31st Annual Meeting–The New Political Landscape . . . Moving the POTW Agenda Forward will be held May 19-23 at the Marriott at Metro Center in Washington, DC. The Conference will address some of the most critical issues facing publicly owned treatment works (POTWs) today — water infrastructure funding, wet weather programs and regulatory issues. The 2001 Policy Forum is designed to get your agency involved in national water policy discussions currently underway on Capitol Hill and at EPA, and presents a unique opportunity to discuss with key legislators and regulators the issues that affect your agency. It is essential that POTW’s continuing presence in Washington be heightened through member participation at this excellent Conference. Register now for the benefit of your agency and to add your voice to those of your colleagues around the country at http://www.amsa-cleanwater.org/meetings/01nepf/
EPA Delays Arsenic Rule Effective Date
U.S. Environmental Protection Agency Administrator Christine Todd Whitman extended to May 22, 2001 the effective date of the arsenic standard for drinking water issued January 22, 2001. The rule would reduce the acceptable level of arsenic in water from 50 parts per billion (ppb) to 10 ppb. EPA noticed the sixty-day extension of the effective date in a March 23 Federal Register notice. In remarks to the drinking water community and Members of Congress, Whitman stated that while scientists agree that the previous standard of 50 parts per billion needed to be lowered, there is no consensus on a safe level for the final standard. EPA will review both the science behind the standard and the estimates of the costs to communities of implementing the rule. Whitman’s decision has generated significant controversy. In early April, House Democrats introduced a bill that would codify the 10 ppb arsenic level. Similar bills have been introduced in the Senate. EPA is expected to take additional action on the arsenic standard before the rule’s new effective date of May 22, 2001.
EPA Extends Comment Deadlines On Two Proposed ELGs
An effort by AMSA and the MP&M coalition successfully secured an extension of the comment period from May 3, 2001 to July 2, 2001 on the proposed Metal Products & Machinery Effluent Limitations Guidelines (ELGs). EPA will notice the extension in the Federal Register. The comment period has reopened for the proposed Iron & Steel ELGs. EPA now will accept comments through April 25, 2001. AMSA will submit comments on both rules by the deadlines. If you would like to participate in AMSA’s MP&M comment efforts, please contact Chris Hornback, at 202/833-9106 or chornback@amsa-cleanwater.org.
AMSA Helps Develop Strategy for Reviewing Effluent Guidelines
On April 2-3, 2001, AMSA Pretreatment and Hazardous Waste Committee Chairman Guy Aydlett participated in a two-day effluent guidelines workshop on behalf of AMSA. Under section 304(m) of the Clean Water Act (CWA), EPA is required to publish a plan every two years which, in part, identifies industry categories for new or revised effluent guidelines. The workshop was designed to generate ideas and evaluate processes that may be effective in providing a meaningful assessment of existing effluent guidelines and the need for new guidelines.Two groups of workshop participants separately discussed ideas for reviewing the existing guidelines and developing new guidelines. Both groups generally agreed that the process should start with an examination of the list of impaired waters and the discharging facilities affecting those waters. Participants suggested that in evaluating the existing guidelines, EPA should only review guidelines that have been in place long enough to determine their effectiveness and base the evaluations on load reduction achieved, a measure of environmental impact, and cost considerations among other factors. For evaluating the need for new guidelines, participants agreed that EPA should prioritize categories based on risks to human health and environmental impact.
Workshop participant recommendations will be taken into consideration by EPA as it continues to develop a strategy for future reviews of the effluent guidelines. EPA will issue a new Effluent Guidelines Plan in Summer 2002. The Federal Register notice announcing the workshop and old plans can be found at http://www.epa.gov/ost/guide/plan.html.
AMSA Provides Additional Input on TMDL Program to NAS Committee
On April 6, 2001, AMSA submitted a letter to the seven-member National Academy of Sciences (NAS) Committee conducting a Congressionally-mandated study of the Clean Water Act’s total maximum daily load (TMDL) program. The letter followed up on a January 25, 2001 presentation to the Committee made by Norm LeBlanc, AMSA Water Quality Committee Chairman and Technical Services Chief for Hampton Roads Sanitation District, VA, highlighting some of the obstacles facing the TMDL program. AMSA’s new letter details the development of the San Francisco Bay TMDL for mercury and further illustrates the difficulties encountered by stakeholders in developing scientifically sound TMDLs. The letter requests that the Committee review the TMDL as a case study, and documents that while the TMDL was developed using the best available information and analytical tools, it was nevertheless called into question by EPA Region IX authorities. AMSA’s letter is available on the Member Pipeline at http://www.amsa-cleanwater.org/private/legreg/outreach/4-6-01tmdlletter.pdf.The NAS Committee is scheduled to complete their evaluation of the scientific basis underlying the development and implementation of TMDLs and report their findings to Congress by June 1, 2001. The evaluation specifically will focus on 1) what information is needed to determine TMDLs for impaired waters; 2) the adequacy of knowledge about point and nonpoint sources of pollution; 3) the state of monitoring and modeling to assess and predict pollutant loads; and 4) the effectiveness of management approaches in controlling nonpoint source pollution.
AMSA Requests Independent Brief in TMDL Rule Challenge
On April 5, 2001 AMSA asked the District of Columbia Circuit Court for its own opportunity to provide the POTW perspective on the controversial July 2000 TMDL final rule. "AMSA’s interests in this litigation are unique and require the filing of a separate brief," AMSA told the court in a request designed to overcome the typical court practice requiring intervenors to share briefs with other parties. AMSA emphasized that the TMDL program must encompass point and nonpoint sources of water quality impairment. AMSA explains that while we will file a brief on EPA’s side to defend the rule "this does not mean that AMSA fully supports all aspects of EPA's Final Rule, or that the interests of AMSA's members will be represented adequately by the Agency." AMSA’s motion is available at: http://www.amsa-cleanwater.org/private/legreg/litigation/4-5-01separate.pdf.
EPA to Release Draft TMDL Assessment and Listing Guidance in May
The Agency will to release a draft version of its Consolidated Assessment and Listing Methodology (CALM) guidance for review in early May. The guidance is being developed by the Office of Wetlands, Oceans & Watersheds (OWOW) to help states update their water quality programs by improving data collection and reliability and providing more confidence in assessing water quality. EPA is also interested in using the CALM process to provide clearer distinctions between the data amount and quality necessary for 305(b) versus 303(d) lists. AMSA provided comments to the Agency on December 14, 2000, on an earlier outline of the CALM guidance. Those comments were supportive of the CALM process which may help municipal wastewater agencies by holding states more accountable for data quality and TMDL listing decisions. The comments can be viewed on AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm. The National Office plans to distribute the draft guidance to the membership for review and comment upon its availability on May 4. Please contact Greg Schaner at 202/296-9836, or by email at gschaner@amsa-cleanwater.org if you have any questions.
NRC Biosolids Committee Holds Public Meeting
The National Research Council's (NRC) newly-formed Committee on Toxicants and Pathogens in Biosolid Fertilizers met in March to begin its review of the land application of sludge and the methods used by EPA to assess risks from chemical pollutants and pathogens in sludge. During an hour-long public comment period, the fourteen Committee members were addressed by Dr. Cecil Lue-Hing, former chair of AMSA's Biosolids Management Committee and current chair of the National Biosolids Partnership Steering Committee. Of particular interest were two presentations by the National Institute for Occupational Safety and Health (NIOSH) which reviewed the NIOSH Health Hazard Evaluation report used to develop NIOSH ID#10. Many attendees questioned the limited data and lack of scientific basis for some of the recommendations contained in the ID. The Committee is expected to issue a report on its findings mid-year 2002. The NRC Committee's task and a list of members can be viewed at http://www4.nas.edu/cp.nsf/Projects+_by+_PIN/BEST-K-00-02-A?OpenDocument.
AMSA Comments on EPA Draft Coastal Condition Report
On March 30, 2001, and April 12, 2001 AMSA submitted comments to EPA on its January 2001 draft Clean Water Action Plan: National Coastal Condition Report. The purpose of the draft report is to provide a comprehensive assessment of the nation’s coastal waters, which was one of the remaining action items under former President Clinton’s Clean Water Action Plan. The draft report used several water quality indicators, such as dissolved oxygen, water clarity, and sediment contamination, to score the various coastal regions. Overall, AMSA found that the draft report "falls short of its goal to provide an objective assessment of our nation’s coastal waters". AMSA’s letter highlighted numerous concerns with the indicators that were chosen and with a grading system that appeared weighted toward lower scores (the draft report assessed most coastal waters as "fair" to "poor"). AMSA noted that the draft report "develops and uses indicators based on data sets inconsistent with state 305(b) and 303(d) reports, unilaterally develops new benchmarks while neglecting existing ones, and endorses the use of inappropriate national indicators." AMSA suggests that if the Agency is committed to finalizing the report, the indicators should be replaced with state-approved water quality standards as a more appropriate and consistent gauge of coastal water quality conditions. AMSA’s comments can be found on the Member Pipeline at http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm.
AMSA To Conduct CSO Survey to Support EPA Report to Congress
As part of the AMSA-supported Wet Weather Water Quality Act of 2000 enacted in December 2000, the EPA Administrator is directed to report to Congress by September 1, 2001 "on the progress made by [EPA], States, and municipalities in implementing and enforcing the CSO control policy." The Agency is currently collecting data on the status of CSO permitting and control efforts in 17 states, representing over 92 percent of the communities with combined sewers. EPA has requested assistance from AMSA in preparing the Report to Congress, and has specifically invited the Association to provide data on progress made and remaining challenges in implementing the CSO Policy. In response, the National Office held a conference call of several CSO members to discuss potential options for sharing information with the Agency. As a result, AMSA will develop and distribute a survey to its CSO members and ask for selected cities to provide case study information. EPA is particularly interested in case studies and will feature site-specific information in its Report. AMSA also will request that the cities that took part in the November 1994 report Approaches to Combined Sewer Overflow Program Development provide current information on the status of their CSO programs. AMSA will seek the input of small and medium-sized member agencies. Finally, AMSA will submit its information to EPA in mid May. For more information, please contact Greg Schaner at 202/296-9836 or by email at gschaner@amsa-cleanwater.org.
AMSA Members Work on Alternative SSO Approaches
AMSA and several other municipal organizations sent a letter to EPA Administrator Whitman on March 5 expressing fundamental concerns with the Agency’s proposed sanitary sewer overflow (SSO) rule. A copy of the letter is posted on the AMSA website at http://www.amsa-cleanwater.org/private/legreg/outreach/ssofinal.pdf. As a follow-up to AMSA’s suggestion that viable alternatives exist under the Clean Water Act to the proposed "zero overflow" approach, the National Office is actively working on developing potential options for the Agency’s consideration. AMSA hopes to develop a regulatory framework that more closely links SSO compliance to the implementation of best management practices, as embodied in a site-specific management, operation and maintenance (MOM) plan. On March 29, AMSA’s SSO Federal Advisory Committee (FACA) representatives attended a one-day brainstorming session at the National Office to develop initial consensus on such a framework. AMSA anticipates that a recommended approach will be drafted in the next few weeks for review by the SSO Work Group. Please contact Greg Schaner at 202/296-9836, or by email at gschaner@amsa-cleanwater.org if you have any questions.
AMSA Preparing Comments on EPA National Nutrient Criteria for Ecoregions
On January 9, 2001, 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 over enrichment from cultural eutrophication". 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. Comments are due to EPA by May 9. AMSA is in the process of developing comments on the ecoregional criteria which will reiterate concerns that EPA's nutrient criteria development approach has not been directly related to effects or impairment of uses. Please e-mail or fax your comments to Christopher Hornback, chornback@amsa-cleanwater.org or 202/833-0531 no later than April 20, 2001 so that we may incorporate your comments and concerns. For more information on the nutrient criteria, visit EPA's nutrient criteria web site at: http://www.epa.gov/ost/standards/nutrient.html. 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.
AMSA Begins Study on Measuring Source Control Effectiveness for Mercury
AMSA continues to work with Larry Walker Associates (an AMSA affiliate based in Davis, California) to perform a 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.
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