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To: Members & Affiliates
From: National Office
Date: October 2000

The National Office is pleased to provide you with the October 2000 Regulatory Update. This Update provides an overview of relevant regulatory issues current to November 10, 2000. A narrative summary of activities or actions that have occurred during the past month is provided in this cover, while attached is a Regulatory Digest summary of all regulatory activities that are currently being tracked by AMSA.

AMSA Submits Candidates for National Academy Review of Part 503 Regulation
On October 31, AMSA and the Water Environment Federation (WEF) jointly submitted six nominees for a National Academy of Science (NAS) committee that will be tasked with reviewing the science and methodology behind EPA’s 40 CFR Part 503 biosolids regulation. Originally requested by EPA, the NAS study will review new information relevant to toxicological and pathogenic risks of sludge following land application and determine their applicability to the 503 rule. NAS plans to form a Committee of approximately 12 experts to author a consensus report by the spring of 2002. AMSA is following the project closely, and is expecting that NAS will convene a public workshop sometime in early 2001 in conjunction with the first meeting of the experts Committee. The committee selection process is expected to be completed by the end of the year.

Science Advisory Board Concludes Dioxin Reassessment
On November 1-2, EPA’s Science Advisory Board (SAB) concluded its review of the revised draft dioxin reassessment documents. The 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. While the report finds that dioxin levels have declined substantially over the past two decades, the report finds 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 early 2001. 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.

NBP Approves Independent Third-Party Verification Approach
On October 16, the National Biosolids Partnership accepted recommendations from two project steering committees to facilitate implementation of a national model for its environmental management system (EMS) for biosolids. The NBP’s Management Committee accepted the independent, third party verification and EMS elements/guidance components that are central to the biosolids blueprint being developed for the wastewater profession. These "interim draft" documents along with a manual of good practice, include active public participation in the EMS planning and implementation process that will guide the program efforts of 29 demonstration agencies over the next year. The NBP will provide an introduction to the EMS program at the AMSA Management Conference in 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.

AMSA/WEF Recommend Changes to NIOSH Hazard ID #10
On October 31, AMSA and the WEF sent a joint letter on to the National Institute for Occupational Safety & Health (NIOSH) requesting clarifications to the Agency’s engineering controls recommendations in Hazard ID #10 for Workers Exposed to Class B Biosolids During and After Field Application. Specific recommendations made by AMSA and WEF include: 1) deletion of NIOSH recommendations to minimize storage time of dewatered Class B biosolids; 2) clarifying the term "feasible" with respect to language on the appropriateness of soil incorporation, and; 3) challenging the NIOSH recommendation to avoid mechanical disturbances during the restricted period. Other areas addressed in the letter include: NIOSH’s key points and description of hazard, and other general concerns over whether the report extends beyond guidance. A copy of the AMSA/WEF comments and the NIOSH Hazard ID#10 can be found on the AMSA website at http://www.amsa-cleanwater.org.

EPA Administrator Signs Proposed Guidelines for Metal Products and Machinery
AMSA’s Pretreatment and Hazardous Waste Committee is beginning a review of EPA’s proposed Metal Products & Machinery (MP&M) effluent guidelines, which were signed on October 31 by EPA Administrator Carol Browner. EPA estimates that there are a total of 89,000 facilities captured by the proposal, and the preamble notes that a proposed "low flow cutoff" for indirect dischargers has changed significantly since a 1995 proposal because MP&M facilities have been subcategorized. This means that the proposed cutoff for the "general metals" subcategory is proposed to be 1 million gallons per year. But there is no cutoff for the Printed Wiring Board subcategory, which is covered under pre-existing regulations. Several other issues may emerge upon complete review of the proposal. AMSA’s Pretreatment & Hazardous Waste Committee will hear a detailed presentation on the proposal during the AMSA/EPA Pretreatment Coordinators Workshop November 15-17 in Tucson, AZ. A full copy of the proposal will be transmitted to the membership via Regulatory Alert when it is published in the Federal Register. A 120-day comment period is expected once the rule is published.

More Restrictive Water Quality Criteria Due to Human Health Concerns Expected
On November 3, EPA published final revisions to its water quality criteria development methodology for the protection of human health (human health methodology). EPA had proposed revisions to its 1980 human health methodology in August 1998 as part of both a public comment and peer review process. Revisions to the 1980 human health methodology incorporate significant scientific changes in key areas such as cancer and non-cancer risk assessments, exposure assessments, and bioaccumulation in fish. Several changes presented in the final methodology are likely to result in more restrictive water quality criteria. These changes include: 1) replacing bioconcentration factors (BCFs) with bioaccumulation factors (BAFs); 2) the inclusion of a relative source contribution (RSC) factor which assumes multiple routes of exposure (i.e., ingestion, inhalation, dermal) and allows only a portion (20-80 percent) of a pollutant’s reference dose to be used in water quality criteria calculations; and 3) increased default fish intake rate values to protect the general adult population and sport anglers and even higher values to protect subsistence fishers. Dependent upon EPA’s final assumptions, the new methodology may result in a new default national mercury criteria less than 0.5 part per trillion (ppt). States will be expected to use the revised methodology when deriving or revising state water quality criteria during their triennial review process. The 2000 Human Health Methodology is published in the document titled, Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health. The document is available on EPA’s website at http://www.epa.gov/waterscience/humanhealth.

EPA Announces Ban on Mixing Zones in Great Lakes, Nationwide Restrictions Next
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 an effort to formulate an AMSA strategy in response to the Agency’s anticipated national mixing zone regulation.

AMSA Highlights Concerns on EPA Region 4 Draft Mercury TMDLs
On October 31, AMSA’s Mercury Workgroup submitted comments on proposed TMDLs for mercury in the Ochlocknee, Satilla, and Suwanee River Basins. AMSA complimented EPA in making some important changes in its TMDL approach in response to comments made on a previously proposed TMDL for the Savannah River. These changes include considering all sources of mercury, particularly from air deposition, and acknowledging relative source contributions from point and non-point sources. However, the proposed TMDLs did raise additional concerns for AMSA regarding: 1) inappropriate interpretation of narrative water quality standard using fish consumption guidelines to set TMDL targets; 2) use of inadequate data in calculating target TMDL (the Region used a site-specific bioaccumulation factor based on a single sampling event), and; 3) the proposed TMDLs do not attain water quality standards due to uncontrollable contributions from atmospheric mercury (AMSA questions whether the uses are attainable). EPA presented three options for implementing wasteload allocations for point sources. One option which was agreeable to AMSA was to allow the discharge of mercury above criteria end-of-pipe limits if dischargers agreed to a set of additional permit conditions such as implementation of mercury source identification and reduction strategies and providing support and funding for data collection on sources and reductions needed to attain water quality standards. For a copy of AMSA comments, visit the Regulatory Outreach section on AMSA’s website at http://www.amsa-cleanwater.org.

Use of Fish and Shellfish Advisories in 303(d) and 305(b) Listing Decisions
On October 24, EPA issued a policy statement with recommendations to States regarding the use of fish and shellfish advisories and classifications in 303(d) and 305(b) listing decisions. In the policy, EPA states its belief that fish and shellfish consumption advisories and certain shellfish growing area classifications based on waterbody specific information demonstrate impairment of CWA section 101(a) "fishable" uses. While AMSA and others have argued that numeric water quality standards are designed to protect human health, EPA recommends that States translate the applicable narrative criteria on a site-specific basis or adopt site-specific criteria to account for higher than expected exposures from contaminated fish or shellfish tissue and protect designated uses.
In the policy, EPA acknowledges that the Clean Water Act (CWA) does not explicitly direct the use of fish and shellfish consumption advisories to determine attainment of water quality standards, however, EPA cites is own regulations which require the use of all existing and readily available data when identifying impaired waters. In addition to listing waters based on a fish advisory, EPA also suggests that common migratory waters of the monitored species also be listed. AMSA has argued both in its Evaluating TMDLs . . . Protecting a POTW’s Rights publication and in comments on proposed TMDLs that it is inappropriate for EPA or a State to interpret a narrative water quality standard using fish consumption guidelines without the use of a promulgated water quality criteria or translation method. AMSA’s Legal Affairs Committee is currently reviewing the October 24 policy. AMSA will distribute the policy statement via a forthcoming Regulatory Alert.

EPA Announces Water Quality Criteria Development for Methylmercury
In an October 12 Federal Register notice, EPA announced its intent to update the ambient water quality criteria on methylmercury. Existing water quality criteria for methylmercury was developed in 1980. EPA is updating the criteria for methylmercury using new methods, information, and data. While the October 12 notice solicited public input on additional data and information not yet identified by EPA, AMSA submitted an October 30 letter voicing concern over the Agency’s process for developing criteria. AMSA highlighted the importance of public input into all facets of the criteria development process, not just identification of data and information.

In a related Federal Register notice on October 30, EPA announced the convening of an external scientific peer review process on the draft document titled, Reference Dose for Methylmercury and also announced a 30-day public comment period on the draft document. In the notice, EPA states its intent to follow the recommendations of a 1999 National Research Council report concerning the reference dose (Rfd) for methylmercury. The Rfd developed in this assessment is 0.1 ug/kg per day, which is the same Rfd derived by EPA in 1995. A copy of the document can be obtained from http://www.epa.gov/ncea under the What’s New and Publications menus. The external peer review workshop will take place on November 15 in Arlington, VA.

EPA Releases Results of WET Interlab Study
On October 11, EPA released pre-peer review results of its 1999-2000 whole effluent toxicity (WET) interlab variability study. 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 a 33 percent false positive rate). AMSA has hired Tim Moore, of Risk Sciences International to lead a review of EPA’s data analysis and charge to peer reviewers. AMSA members who participated in the study will receive a copy of pre-peer-review report from the National Office.

EPA Extends Comment Period on Chlorine Gas Proposal
EPA informally announced that it will be extending the comment period on its September 18, 2000 proposal to reclassify the use of chlorine gas for water and sewage treatment as a "restricted use" under the federal pesticide labeling and application regulations. A copy of the notice was sent to the membership via Regulatory Alert RA 00-20. The National Office has received numerous comments from the membership that oppose the reclassification and question the need for EPA to require additional training requirements for POTW operators. Based on member comments, AMSA will be drafting its own set of comments for submittal to the Agency. AMSA is also planning to meet with EPA on the proposal prior to the new December 15, 2000 comment deadline.

EPA Reissues Multi-Sector General Stormwater Permit
On October 30, EPA published a streamlined version of its general stormwater permit for industrial facilities (including POTWs) in the Federal Register. The reissued permit includes standard provisions for the protection of endangered and threatened species, and has been reorganized to be more readable. The reissued permit is applicable in states where EPA is the designated permitting authority, however, delegated states are expected to use the multi-sector permit as a model for their own permits. The permit retains specific storm water pollution prevention plan requirements for POTWs, including: 1) developing a site map; 2) identifying potential pollutant sources; 3) implementation of best management practices onsite; 4) conducting facility inspections; and 5) conducting employee training. A copy of the permit can be found at: http://www.access.gpo.gov/su_docs/fedreg/a001030c.cfml

STORET Data Management System Web Updates
November 3 marked the latest update to EPA’s primary water quality data management system, STORET, which is now available to the public via EPA’s website. EPA maintains two data management systems containing water quality information for the nation's waters: the Legacy Data Center, and STORET. The Legacy Data Center, or LDC, contains historical water quality data dating back to the early part of the 20th century and collected up to the end of 1998. STORET contains data collected beginning in 1999, along with older data that has been properly documented and migrated from the LDC. Both systems contain raw biological, chemical, and physical data on surface and ground water collected by federal, state and local agencies, Indian Tribes, volunteer groups, academics, and others. All 50 States, territories, and jurisdictions of the U.S., along with portions of Canada and Mexico, are represented in these systems. In 2000, the LDC and STORET were web-enabled. With a standard web browser, anyone can browse both systems interactively or create files to be downloaded to a computer. For instructions on retrieving data from the LDC or STORET, visit the main STORET homepage at http://www.epa.gov/storpubl/

Water Revolving Loan Funds Policy Issued by EPA
On October 13, EPA issued a policy statement regarding the transfer and cross-collateralization of Clean Water State Revolving Funds (CWSRF) and Drinking Water State Revolving Funds (DWSRF). The policy statement identifies the process a State must undergo to gain approval for incorporating transfers and/or cross-collateralization into its SRF program. Section 302 of the SDWA Amendments authorizes a State to transfer up to 33 percent of the amount of a fiscal year's DWSRF program capitalization grant to the CWSRF program or an equivalent amount from the CWSRF program to the DWSRF program. The Fiscal Year 1999 Appropriations Act (Public Law 105-276) authorizes cross-collateralization between the DWSRF and CWSRF. A copy the policy statement can be viewed on EPA’s website at http://www.epa.gov/safewater/dwsrf/dwcwfr.cfml.

  

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