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AMSA Regulatory Digest
September 2000
(Current as of October 6, 2000)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.
Air Quality Issues
Section 129 Rulemaking for Sewage Sludge Incinerators: On January 14, 1997, EPA published a notice of additional information (NAI) under Section 129 of the Clean Air Act (CAA) establishing new source performance standards and emission guidelines for new and existing solid waste incineration units including units that incinerate municipal sewage sludge. Section 129 requires EPA to promulgate standards and guidelines, for new and existing sources, which include numerical emission limitations for the following substances: particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. In addition, the standards and guidelines are to include requirements for emissions and parameter monitoring and provisions for operator training and certification. On March 17, 1997, AMSA submitted comments in opposition to EPA’s proposal to subject SSIs to the same regulations as solid waste incinerators. The Agency plans to announce its proposed strategy in 2000. CONTACT: Lee Garrigan, AMSA 202/833-4655, or Gene Crumpler, EPA 919/541-0881.
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 Developing MACT Standards for Combustion Devices: EPA is developing National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for certain combustion sources under the Industrial Combustion Coordinated Rulemaking (ICCR). The rulemaking is expected to cover several types of combustion devices operated by AMSA members which utilize digester gas including boilers, Reciprocating Internal Combustion Engines (RICES), Combustion Turbines (CTs), and potentially waste gas flares (under the heading of incineration). Members of AMSA’s Air Quality Committee were represented on the Coordinating Committee and work groups for boilers, RICES, CTs, incinerators and the source testing workgroup. EPA’s ICCR initiative is expected to result in final MACT standards by November 15, 2000 on a variety of combustion sources such as wastewater boilers, gas turbines, reciprocating engines, and flares. CONTACT: Lee Garrigan, AMSA 202/833-4655 or Doug Bell, EPA 919/541-4120.
EPA Finalizes Rules on Public Access to Risk Management Program Information: On August 4, 2000 the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) promulgated a final rule that provides for access to information concerning the potential off-site consequences of hypothetical accidental chemical releases from industrial facilities. Under section 112(r) of the Clean Air Act (CAA), facilities, including POTWs, handling large quantities of extremely hazardous chemicals are required to include that information in a risk management plan (RMP) submitted to EPA. As required by the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, this rule provides members of the public and government officials with access to that information in ways designed to minimize the likelihood of accidental releases, the risk to national security associated with posting the information on the Internet, and the likelihood of harm to public health and welfare. The rule is effective on August 4, 2000. A copy of final regulations can be found at http://www.access.gpo.gov/sudocs/fedreg /a000804c.cfml.
Biosolids Issues
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 expected in late 2001. 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 is expected to 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 would be 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 would be blind, however, a comparison of 1994 and 2000 data would be performed to determine a trend for dioxin levels in biosolids. A notice announcing the survey was distributed to the membership on September 28 via Regulatory Alert RA00-19. AMSA has requested those agencies that volunteer to complete the "Intent to Participate" form contained in Regulatory Alert RA 00-19 by November 1, 2000, and submit samples by January 15, 2001. A final report is expected to be published in April 2001. CONTACT: Mark Hoeke, AMSA or Bob Dominak, NEORSD 216/881-6600.
Dioxin Reassessment May Impact Biosolids Disposal Practices: On June 12, EPA released two draft chapters of its reassessment of the health risks from dioxin for scientific and public review that may 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 in the environment have declined substantially over the past two decades, the draft finds that risks to people may be somewhat higher than previously believed, even though actual exposure seems to be declining among the general population. EPA estimates that between 1987 and 1995 dioxin emissions decreased by about 80 percent in the United States, primarily due to reductions from municipal and medical waste incinerators, with further declines continuing. On March 23, AMSA submitted its concerns on the proposed 300 ppt TEQ/dry kg cap for dioxin in biosolids land application, recommending that the Agency adopt an 800 ppt TEQ based upon risk levels used in Round I of the rule, and correcting errors in EPA’s risk analysis (see above). EPA had hoped that the Round II rule could be finalized by the end of 2000, however, the dioxin reassessment will delay the final rule until the end of 2001. Some potential implications of the dioxin reassessment, when or if it is finalized, could include a very low (8 to 40 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 inviting comments on two chapters of the reassessment: the summary (Integrated Summary and Risk Characterization) and a comparison of toxicity among different dioxins (Toxicity Equivalence Factors chapter). These chapters are available through the Internet at: http://www.epa.gov/ncea/dioxin.cfm. On October 4, 2000 EPA announced the availability of revised chapters. EPA will accept comments until November 17, 2000. Following completion of scientific and public review, EPA will issue the final dioxin reassessment document and at the same time will 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. 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 summer of 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 August 8, the Interagency Steering Committee on Radiation Standards (ISCORS) met with AMSA and National Biosolids Partnership (NBP) representatives to discuss progress in parallel modeling efforts for estimating the potential incremental increases in radiological exposure to the public and others from biosolids handling and disposal/reuse. AMSA and NBP officials questioned the assumptions and inputs used in the ISCORS radionuclide dose model and helped EPA, Nuclear Regulatory Commission, and Department of Energy officials understand assumptions in NBP’s own modeling efforts. ISCORS has developed a draft technical support document (TSD) to support its radiological does model, which can be found at http://www.epa.gov/radiation/tenorm/whatare.cfm. AMSA members will be requested to comment on the ISCORS draft TSD in a forthcoming Regulatory Alert. 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 Partnership expects a draft Manual of Good Practices and the EMS guidance to be completed in fall 2000. The NBP has identified 25 candidate wastewater agencies to participate in a demonstration program which was initiated with a September 7-8 workshop in Washington, DC. NBP’s website -- http://www.biosolids.org was launched in late July. CONTACT: Sam Hadeed, NBP 703/684-2418.
NIOSH Hazard ID: On July 28, the National Institute for Occupational Safety & Health (NIOSH) released a report titled, NIOSH Hazard ID #10: Workers Exposed to Class B Biosolids During and After Field Application which provides recommendations to workers for preventing illness associated with exposure to Class B biosolids. The report establishes recommendations for personal protective equipment, proper hygiene and sanitation, hazard communication and training, and engineering controls to reduce worker risks while handling Class B biosolids. The report was distributed to the membership via AMSA Regulatory Alert 00-17. On August 10, AMSA and representatives of the Water Environment Federation (WEF) met with NIOSH officials to share concerns regarding the issuance of NIOSH’s Hazard ID for biosolids workers. AMSA and WEF expressed several concerns with the Hazard ID’s development process, overly-broad recommendations, and other circumstances surrounding the report’s release. AMSA also informed NIOSH of the serious impacts the Hazard ID has already had upon public wastewater treatment agencies, citing recent moves by legislators and other interests who have used the report to support calls to ban the land-application of Class B biosolids. AMSA and WEF are drafting a set of formal recommendations for revising the Hazard ID, which NIOSH indicated that it will take under consideration. CONTACT: Mark Hoeke, AMSA 202/833-9106.
National Academy of Sciences Study of Part 503 Land Application Standards: On August 3, 2000, EPA announced that it has requested a National Academy of Sciences (NAS) review of the science and methodology behind the Agency’s biosolids land application standards. The U.S. Center for Disease Control - National Institute of Occupational Safety and Health (NIOSH) has also agreed to work with EPA and the NAS on the review. EPA indicates that the NAS review is designed to ensure that such standards are based on the best and most current science possible and that biosolids management policies are responsive to that science. In its proposal to EPA, NAS indicates that the study will review the risks and risk assessment methods used by EPA for establishing regulatory standards for chemical pollutants and pathogens in sludge applied to lands as fertilizer. NAS notes that new information relevant to toxicological and pathogenic risks of sludge following land application has been generated, and that the study will review these data to determine their applicability to the 503 rule. NAS plans to form a Committee of approximately 12 experts to author a consensus report within 18 months upon project initiation. In conjunction with the first meeting of the Committee, NAS will convene a public workshop to obtain outside input, help develop a study plan, and properly delineate study questions. EPA originally planned for the NAS study following the findings of an Inspector General report released March 22 (see April 2000 Regulatory Update). AMSA expects to provide recommendations for Committee nominees and provide significant input as needed to the NAS review. In late September, EPA formally approved the proposed NAS scope of work. The Committee selection is expected to take place in October and November.
NPDES Permit Issues
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 October 2000. CONTACT: Brian Frazer, EPA 202/260-0101.
Draft Guidance for Permitting Discharges Into Impaired Waters Prior to a TMDL: On September 11, members of AMSA's Executive Committee and Board of Directors met with EPA Assistant Administrator for Water Chuck Fox in Washington, DC. The discussion focused on EPA's current efforts to write and release interim permitting guidance both at the national level and in Region IX. The document is intended to provide guidance to permit writers for developing water quality-based effluent limits prior to the development of a TMDL A 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. During the September 11 meeting, Fox requested AMSA’s review of the legal and scientific flaws embodied in EPA's draft interim permitting approach. AMSA submitted a response on September 22 which argued that the 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 plans further discussion with EPA at its Legal Affairs meeting on October 17 at WEFTEC in Anaheim, California. For a copy of the letter, visit AMSA’s website at http:www.amsa-cleanwater.org. CONTACT: Lee Garrigan, AMSA 202/833-4655.
Pretreatment & Hazardous Waste Issues
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 2001. CONTACTS: Mark Hoeke, AMSA 202/833-9106, or Jeff Smith, EPA 202/260-5586.
AMSA, EPA and Silver Council Cooperative Agreement: In 1997, AMSA, the Silver Council and EPA initiated a cooperative agreement for a demonstration project using the photo processing industry as a model to evaluate the use of alternative compliance mechanisms as a means of controlling wastewater discharges in streamlining local pretreatment limits. The study’s objective is to examine combinations of voluntary efforts and regulatory requirements to cost-effectively achieve reductions in the discharge of silver to the environment. A total of seven communities are being studied: five cities implementing the AMSA/Silver Council "Code of Management Practice (CMP) for Silver Dischargers" as a best management practice; one city using a general permit mechanism; and one using a flow-adjusted concentration-based limit. The pilot city agencies include: Hampton Roads Sanitation Districts, Virginia Beach, VA; Passaic Valley Sewerage Commissioners, Newark, NJ; Massachusetts Water Resources Authority, Boston, MA; City
of Columbus, OH; City of San Diego, CA; City of Salisbury, MD; and, City of Jacksonville, FL. The study is scheduled for completion by October 2000. CONTACT: Mark Hoeke, AMSA 202/833-9106.
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 60 FR 5464 (January 27, 1995)
64 FR 2279 (January 13, 1999)8/31/00
Oil & Gas Extraction - Synthetic Drilling Fluids 64 FR 5487 (February 3, 1999) 12/00 Coal Mining- Remining & Western Subcategories 65 FR 19439 (April 11, 2000) 12/01 Iron and Steel Manufacturing 10/00 4/02 Metal Products and Machinery 60 FR 28209 (May 30, 1995) - Phase I only; 10/00 I &II 12/02 Construction and Development 03/02 03/04 Feedlots - Swine, Poultry, Beef, & Dairy Subcategories 12/15/00 12/15/02 Pulp, Paper, & PaperBoard, Phases 2& 3 58 FR 66078 (December 1993) 2000-2002 Meat Products 12/01 12/03 Aquatic Animal Production 6/30/02 6/30/04
EPA Allows Flexibility in Pretreatment Program for Project XL Participants: On October 6, 2000 EPA proposed changes to the National Pretreatment Program regulations to allow Publicly Owned Treatment Works (POTWs) that have completed the Project eXcellence and Leadership (Project XL) selection process, including Final Project Agreement (FPA) development, to modify their approved local Pretreatment Programs. These POTWs would be allowed to modify their programs following the procedures in 40 CFR 403.18, and implement the new local programs as described in their FPAs. In exchange for these flexibilities, each individual POTW would need to commit to produce certain proportional amounts of superior environment performance as laid out in the FPA and maintain all legal and preventative environmental health and safety standards. Complete project site-specific descriptions can be found on the web at: http://www.epa.gov/projectxl/. All public comments on the proposed rule must be received on or before November 6, 2000.
Water Quality Issues
Proposed Revisions to the Water Quality Planning and Management Regulation [Federal Register, August 23, 1999]. On July 13, 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 mounted an intense lobbying campaign over the past year to prevent EPA from finalizing these rules. Due to limitations already imposed by Congress, EPA promulgated an effective date for the new TMDL rule in 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. From AMSA’s initial involvement with TMDL Federal Advisory Committee in 1997 to recent letters and a resolution that have been sent to the Administration and Congress, AMSA has consistently advocated for continuing water quality improvement in the Nation through the inclusion of nonpoint sources in the TMDL process. CONTACT: Lee Garrigan, AMSA 202/833-4655 or Don Brady, EPA 202/260-5368.
Guidance on Water Quality Assessment and Listing: On June 27, EPA hosted a stakeholder meeting concerning the development of a guidance to consolidate water quality assessment and listing requirements for states. 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. EPA is working 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. EPA plans to release a draft document for public comment in the fall of 2000, and issue a final guidance in May 2001. CONTACT: Susan Holdsworth, EPA 202/260-4743.
Proposal to Amend the Final Water Quality Guidance for the Great Lakes System to Prohibit Mixing Zones for Bioaccumulative Chemicals of Concern [Federal Register, October 4, 1999]. On October 4, 1999, EPA published a proposal to amend the Final Water Quality Guidance for the Great Lakes System (40 CFR Part 132) to 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. In December 3, 1999 comments on the proposal, AMSA opposed the proposed blanket mixing zone prohibition for BCCs. A copy of AMSA’s comments can be found at http://www.amsa-cleanwater.org/private/index.cfml. CONTACT: Mark Morris, EPA 202/260-0312 or Mark Hoeke, AMSA 202/833-9106.
Development of National Nutrient Criteria. On September 25, AMSA submitted comments to the U.S. Environmental Protection Agency’s (EPA) strategy for establishing national numeric nutrient criteria for rivers and streams. A complete review of EPA’s guidance indicates that the methods fall short of the Agency’s objectives to "provide scientifically defensible technical guidance to assist States and Tribes in developing regionally based numeric nutrient criteria." Generally, AMSA’s comments fault EPA’s approach because its variety of methods for assigning criteria "did not represent genuine flexibility but rather expediency," and do not make a distinction between enrichment and impairment of uses. AMSA believes that EPA’s nutrient guidance could result needlessly identifying rivers or river segments across the country as "impaired" based simply on nutrient concentration or chlorophyll levels. On July 27, EPA published a notice of availability of its nutrient criteria technical guidance manual for rivers and streams in the Federal Register. This document provides state water quality managers and others with guidance on how to develop numeric nutrient criteria for rivers and streams. Under EPA’s 1998 Nutrient Strategy states are required to develop water quality criteria for nitrogen and phosphorus by 2003 (though there is a possibility this deadline may be extended to 2005). As the next step, AMSA has requested to meet with EPA representatives to further deliberate on the issues. The guidance is available online at http://www.EPA.gov/OST/standards/nutrient.cfml and AMSA’s comments are available at http://www.amsa-cleanwater.org.
EPA’s Water Quality Standards Regulation Revision Process - Anticipated Proposed Rulemaking. On July 7, 1998 EPA published an advanced notice of proposed rulemaking (ANPRM) on water quality standards regulation (see Regulatory Alert RA 98-15). The proposal requested public comment on possible regulation and policy changes to strengthen and modernize the water quality standards program. Six core areas are discussed in the document, including: designated uses, criteria, anti-degradation, mixing zones, wetlands, and independent application. Copies of AMSA’s January 4, 1999 comments on the proposal can be obtained on AMSA’s Web Site at http://www.amsa-cleanwater.org. In October 1999, EPA announced that the Agency will be considering four areas for rulemaking including: 1) clarifying the use of mixing zones; 2) clarifying the use of variance procedures; 3) promulgation of uses for streams that are not currently designated; and, 4) improving the public’s right-to-know with regard to water quality standards decisions. A proposal is planned for fall 2000. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Sue Gilbertson, EPA 202/260-9536.
Draft Revisions to the Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health [Federal Register, August 14, 1998]. On August 14, 1998 EPA proposed revisions to its criteria development methodology for the protection of human health. Among the changes presented in the proposal from the 1980 AWQC National Guidelines that may result in more restrictive water quality criteria include: 1) Replacing bioconcentration factors (BCFs) with bioaccumulation factors (BAFs); and, 2) replacing the default fish intake rate of 6.5 grams/day to 17.8 grams/day (to protect the general adult population and sport anglers) and 86.3 grams/day (to protect subsistence fishers). When finalized, the revised methodology will provide guidance to States for use in developing human health criteria as part of their water quality standards. In addition, EPA is developing a technical support document that includes more technical detail and is supplemented by three proposed criteria developed using the new methodology. The technical support document, and a field support document are expected to be completed in 2001. Final revisions to the methodology are expected to be complete by fall 2000. CONTACT: Denis Borum, EPA 202/260-8996 or Mark Hoeke, AMSA 202/833-9106.
Mercury Analytical Method 245.7: During an August 3 meeting with Chuck Fox, EPA’s Assistant Administrator for Water, AMSA urged EPA to re-initiate the approval process for draft mercury analytical method 245.7. This analytical method is nearly as sensitive as the recently approved method 1631, but can be performed at a fraction of the cost. During the meeting, AMSA presented data to show that if method 245.7 were to be approved, the nation’s POTWs could save an estimated $17.6 million a year in laboratory costs. Fox committed to looking further into the issue, and has since indicated EPA will be moving forward with validation of the method AMSA had petitioned the Agency on March 3, 2000 to conduct a formal rulemaking process to validate and approve EPA’s draft Method 245.7, Mercury in Water by Cold Vapor Atomic Fluorescence Spectrometry as an alternative to EPA Method 1631 for the analysis of low-level mercury. This request was denied on April 5, 2000 and also May 24, 2000 by officials in the Office of Science and Technology, who cited EPA’s budget constraints for fiscal year 2000. In response to these denials, AMSA requested the August 3 meeting with Assistant Administrator Fox. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Measuring Source Control Effectiveness for Mercury: Through a competitive RFP process, AMSA recently awarded a $105,000 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. CONTACT: Mark Hoeke, AMSA 202/833-9106.
EPA Releases Guidance Documents on Whole Effluent Toxicity Methods: On July 18, EPA announced the availability of a final document, titled "Understanding and Accounting for Method Variability in Whole Effluent Toxicity (WET) Applications Under the NPDES Program." The document was issued in response to questions on WET test method variability and to satisfy a requirement of a July 1998 settlement agreement between EPA and litigants for the Western Coalition of Arid States (WestCAS) and industry groups. The document describes three goals EPA has defined to address issues surrounding WET variability. A copy of the document can be obtained at http://www.epa.gov/owm/avail.cfm. In addition, on July 28, EPA announced the availability of a document titled, Method Guidance and Recommendations for Whole Effluent Toxicity (WET) Testing (40 CFR Part 136). This guidance document updates recommendations and suggestions (with additional technical clarification) regarding WET test methods published by EPA and incorporated by reference into regulations. The document includes specific technical guidance on nominal error rate adjustments, confidence intervals, concentration-response relationships, dilutions series selection, and dilution water. CONTACT: Laura Phillips, EPA 202/260-9522 or Marion Thompson, EPA 202/260-7117.
EPA to Propose Modifications to Ocean Discharge Criteria: On July 25, EPA held the first of five public meetings to present the Agency’s plans to revise the implementation of Clean Water Act Section 403, which specifically addresses the development of ocean discharge criteria. On May 26, President Clinton signed Executive Order 13158 which among other things explicitly directs EPA to take action to better protect marine and coastal areas. Section 4(f) of the Executive Order on Marine Protected Areas states: "to better protect beaches, coasts, and the marine environment from pollution, the Environmental Protection Agency (EPA), relying upon existing Clean Water Act authorities, shall expeditiously propose new science-based regulations, as necessary, to ensure appropriate levels of protection for the marine environment." Specifically, the Agency may reconsider revising the existing scientific standards for protecting coastal and ocean waters under section 403 of the Clean Water Act, and propose a list of Special Ocean Sites for additional protections. During public meetings, EPA has indicated its desire to require water quality criteria to be met in ocean waters, including beyond the three mile territorial limit defined by Section 502 of the Clean Water Act. Potential water quality criteria applicable for ocean discharges include 11 metals, pentachlorophenol, alpha-endosulfan, beta-endosulfan, and chloropyrifos. EPA also appears to be considering broad criteria for designating these Special Ocean Sites including all National Marine Sanctuaries, endangered/threatened species areas, and essential fish habitat areas). Proposed regulatory revisions are expected by December 2000. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Draft Strategy to Reduce Hypoxia in Gulf of Mexico: On July 11, EPA on behalf of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force (Task Force), published a draft Action Plan for Reducing, Mitigating, and Controlling Hypoxia in the Northern Gulf of Mexico (Action Plan) as required by section 604(b) of Public Law 105-383, the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. The Task Force is comprised of senior policymakers from eight Federal agencies, nine States, and two Tribal governments. The Action Plan describes a national strategy to reduce the frequency, duration, size and degree of oxygen depletion of the hypoxic zone of the northern Gulf of Mexico (the Gulf). The Action Plan cites that a significant portion of the nutrients entering the Gulf from the Mississippi River come from human activities: discharges from sewage treatment and industrial wastewater treatment plants and stormwater runoff from city streets and farms. On September 10, AMSA submitted comments on the Draft Action Plan. In its comments, AMSA noted that he hypoxia in the Gulf of Mexico is a serious and challenging problem which must be addressed, and supported the development of a plan to address hypoxia in the Gulf. However, AMSA has significant concerns with the draft Action Plan which relies primarily on subjective judgements regarding: 1) the impacts of nutrient loadings in the upper reaches of the Basin on the hypoxia in the Gulf of Mexico; 2) the ability of the basin to implement nonpoint source reductions without a predetermined plan for insuring their implementation; 3) the effects of other variables such as flood control initiatives, freshwater flows, suspended sediment, and other oxygen demanding substances have on controlling the degree of hypoxia in the Gulf A copy of the plan can be found at http://www.epa.gov/msbasin. CONTACT: Mark Hoeke, AMSA 202/833-9106.
Wet Weather Issues
Sanitary Sewer Overflows: Draft proposed regulations for sanitary sewer collection systems were developed by EPA based on recommendations made by the SSO Federal Advisory Subcommittee. EPA’s draft proposed regulatory language addresses four issues discussed during a October 1999 SSO FAC meeting, including: 1) Capacity, Maintenance, Operation, and Management (CMOM) Programs; 2) Prohibition on Municipal Sanitary Sewer System Discharges; 3) Record Keeping, Reporting and Public Notification; and 4) Satellite Collection Systems. On October 6, 2000 the White House Office of Management & Budget cleared EPA to propose its sweeping sanitary sewer overflow (SSO) regulations. The proposal is expected to be signed as soon as the week of October 9. The National Office is preparing to engage its SSO Workgroup, AMSA members and leadership in a thorough review and response to the proposal. As soon as the proposal is available, the National Office will issue a Regulatory Alert to the membership. CONTACT: Greg Schaner, AMSA 202/296-9836, or Kevin Weiss, EPA 202/260-9524.
CSO Water Quality Standards Guidance. On May 9, EPA released a preliminary draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for feedback prior to officially releasing a final draft version for public review sometime in October 2000. 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. Through this guidance, EPA hopes to "lay a strong foundation for integrating CSO long-term control planning with water quality standards reviews." The crux of the document is the suggested step-wise process (see Section II) for integrating the development and implementation of a community’s LTCP with the review, and potential revision, of water quality standards for CSO-receiving streams. The document establishes a flow chart to clarify each step involved in the process, as well as which entity (i.e., CSO community, NPDES authority, Water Quality Standards Authority, and/or EPA) is responsible for each step. The preliminary draft makes clear that CSO communities are expected to proceed with the LTCP process regardless of progress by the States and Regional offices, or lack thereof, in reviewing and revising water quality standards. A copy of the preliminary draft guidance document was distributed to the membership via Regulatory Alert RA 00-12. 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: At an October 6, 2000 meeting on Capitol Hill with EPA officials and the congressional delegations of two states, municipal officials and AMSA urged the Agency to allow publicly owned treatment works (POTWs) to continue the practice of "blending" peak wet weather flows. Since the advent of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has authorized numerous municipal wastewater treatment systems to meet their secondary treatment standards by blending partially-treated, disinfected wet weather flows with fully treated effluent prior to discharge. This practice has enabled POTWs to meet secondary treatment standards, maximize flow to the treatment plant, and, at the same time, protect sensitive biological treatment systems of the plant from being destroyed or washed out by excessive wet weather flows. AMSA understands that several EPA Regions and the Office of Enforcement & Compliance Assurance are now attempting to reverse the Agency’s position on blending by reinterpreting the bypass regulations to prohibit this practice. During the meeting, EPA noted that "NPDES authorities have considerable flexibility" to address different flow scenarios through the permitting process. Due to the costs involved, the congressional delegations stressed that a change in EPA policy would necessitate the standard rulemaking procedure with thorough proposal and comment stages. EPA officials said that their evaluation would conclude in three months. CONTACT: Greg Schaner, AMSA 202/296-9836