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September 1, 2000
AMSA Reviews Draft TMDL Interim Permitting Guidance
This week, AMSA began a comprehensive review of the U.S. Environmental Protection Agency's Draft National Total Maximum Daily Load (TMDL) Interim Permitting Guidance. Although the draft guidance to permit writers has not yet been officially released for comment by EPA, AMSA is engaging early on a recently obtained draft in order to head off any potential problems for publicly owned treatment works (POTWs). The National Office has contacted EPA officials to discuss the draft guidance, and AMSA's TMDL workgroup is heading up the review to fully analyze the guidance's technical and legal ramifications. AMSA is placing a high priority on the review and response to the guidance because it is slated for release in October and it could have serious implications for POTWs across the country.With the new, more favorable TMDL regulations in limbo, and with the current TMDL regulations in force, AMSA's input on the new guidance is critical to ensure that POTWs are not unfairly hit by unnecessarily stringent water-quality based effluent limitations (WQBELs) in their permits. An initial review of the guidance has AMSA extremely concerned that POTWs will be targeted with significant pollutant reductions prior to completion of a TMDL. Nonpoint sources are considered “background” for the purposes of setting permit limits, and the guidance appears to place the responsibility for obtaining offsets from other sources solely upon permit holders rather than non-permitted sources of impairment. The 13-page draft emphasizes that permit writers must “consider background concentrations of pollutants” in assigning WQBELs. But by requiring reductions only from permit holders without requiring reductions from “background sources,” POTWs could be hit with permit limits at or near zero discharge — effectively eliminating dilution credits or mixing zones.
As AMSA reviews the guidance and discusses it with the Association's leadership and EPA officials, the Association may also consider legal options if the guidance does not change considerably before finalization. AMSA members will be kept apprised of all developments regarding the guidance.
TMDL Battles Resume in Congress and in Court
AMSA is engaging on TMDL issues as the 2000 congressional August recess comes to a close and action in the courts on key TMDL lawsuits heats up. As lawmakers choose sides and circulate legislation that would permanently table EPA's new TMDL rule, AMSA is planning to contact every Member of Congress in an effort to dispel the many myths surrounding TMDLs. At the same time, numerous parties are weighing in on the American Farm Bureau Federation's challenge of the TMDL rule. Nonpoint source interests piling on in opposition to the rule include: the American Forest & Paper Association; the American Crop Protection Association; the National Pork Producers Council and the National Chicken Council. This week, Earthjustice and other environmental advocacy groups filed petitions in support of EPA rulemaking. AMSA is closely tracking these and other legal developments and will determine what, if any, role the Association might play when AMSA's Board meets in Washington, DC on September 12.AMSA Discusses Biosolids Dioxin Issues with EPA
This week, AMSA met with EPA to clarify procedures for determining dioxins, furans and co-planar PCBs levels in biosolids and discussed the potential use of AMSA survey data in a final rulemaking for part 503 Round II, which is slated for finalization in December 2001. To ensure EPA decisions are based on good data, AMSA is considering conducting a voluntary member survey of dioxins in biosolids later this fall.