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September 19, 1997
AMSA-EPA Meet in RTP to Review Section 129 Issues for SSIs
Representatives of AMSA's Incineration Workgroup attended a Biosolids Incinerator Stakeholders meeting on September 16 at the EPA Office of Air Quality Planning & Standards (OAQPS) at Research Triangle Park, NC. The meeting focused on the review of data collection activities underway for the proposed regulation of sewage sludge incinerators (SSIs) under Section 129 of the Clean Air Act.
To determine the maximum achievable control technology (MACT) standard for SSIs under section 129, EPA stated that it most likely will use a technology approach to establish emission levels based on performance of the top 12 percent of control devices in place. Some form of integration with the risk-based approach of Part 503 will be conducted later for each of the eleven pollutants under section 129.
EPA will develop a work plan and implementation schedule following these activities by late October. AMSA will continue to be actively involved in this process. (See the October issue of Clean Water News for additional details).
ESA Consultation Process May Impact POTWs
EPA, the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) have circulated a final revision draft Memorandum of Agreement (MOA) defining the specific roles of each Agency when addressing Endangered Species Act (ESA) issues in the context of NPDES permitting, state NPDES program approvals, and approval of state water quality standards. Section 7 of the ESA requires federal agencies to consult with FWS or NMFS when taking an action - such as EPA-issued NPDES permits, approval of state NPDES programs and state water quality standards, and oversight of state-issued NPDES permits - which may adversely impact endangered or threatened species or critical habitat.
The Agreement specifies that EPA review all EPA-issued permit applications (individual, general, or sewage sludge) to determine their affect on any federally-listed species or critical habitat. Should permit-issuance affect species or critical habitat, EPA is required to initiate consultation with the Services. Any "reasonable and prudent measures" to minimize takings may be recommended by the Services, and EPA may delegate these measures to permittees. The MOA also specifies that for all state-issued permits, EPA may make formal objection, or take other appropriate action if a state fails to address EPA or Services concerns regarding the impact of permit issuance on threatened species or critical habitat. EPA may federalize the permit if a state does not address EPA's objection.
In addition to the MOA, a draft biological opinion from FWS and NMFS is being circulated for comment. The opinion is intended to address EPA's Section 7 consultation requirements for existing and future approvals of state NPDES programs and state water quality standards. Under the terms and conditions of the opinion EPA is required to initiate several actions, such as development of a joint research plan, and initiation of a national rulemaking which will prohibit mixing zones or variances that would be likely to jeopardize species or critical habitat.
While the federal MOA process does not allow participation or comment from nonfederal entities such as AMSA, the Association's Water Quality Committee has begun to assess impacts to permittees through a detailed analysis of the MOA. Future meetings with EPA are also planned. EPA and the Services may finalize the MOA as early as October 1997. Impacts to NPDES permitting and state water quality standards reviews outlined in the Agreement are summarized in Regulatory Alert 97-23, which was forwarded to AMSA members today.