Search

Clean Water Advocacy Newsroom

Clean Water Advocacy - Newsroom - AMSA in the News

Thursday, July 18, 2002 Page A-8
ISSN 1521-9402
News

Water Pollution
Cities Sue EPA Alleging Uneven Application Of Mandates Relating to Wet Weather Issues

PORTLAND, Ore.--Guidance issued by several Environmental Protection Agency regional offices banning the practice of blending storm water that has bypassed biological treatment with treated effluent is not evenly applied and is contrary to historical practice, three municipalities said in a lawsuit filed July 8 (Pennsylvania Municipal Authorities Ass'n v. WhitmanD.D.C., 1:02CV01361, 7/8/02).
The Pennsylvania Municipal Authorities Association, the Tennessee Municipal League, and the City of Little Rock Sanitary Sewer Committee filed a complaint in the U.S. District Court for the District of Columbia addressing three issues of importance to publicly owned treatment works.
The groups alleged that EPA has inconsistently applied various mandates relating to sanitary sewer overflows and other wet weather concerns even though no regulations are in place calling for these directives, the suit said.
Specifically, the suit said EPA Region III in Philadelphia, Region IV in Atlanta, and Region VI in Kansas City, along with the agency's Office of Enforcement and Compliance Assurance, have issued guidance stating that "blending" is illegal. Blending is the practice of routing excess storm water around a POTW's secondary treatment system and then blending it with the treated effluent before discharging it. The resulting blended discharge also meets the statutorily required secondary treatment standard because the rerouted storm water is so diluted to begin with, one municipal official said.
The lawsuit was discussed July 17 at the summer meeting of the Association of Metropolitan Sewerage Agencies, which plans to request permission to intervene.
The secondary treatment process involves the removal of biochemical oxygen demand components of wastewater, usually by putting it in a tank where the contaminants are consumed by microbes. The Clean Water Act requires that wastewater discharges meet secondary treatment standards.
Municipal wastewater treatment officials have said that if they are not allowed to let some storm water bypass this process before blending it with the treated water, the excess flows during wet weather events could wipe out the biological process for several days, resulting in no discharges meeting secondary treatment standards.

Wastewater Officials Want Blending

The blending option should be allowed, the officials have said, because the resulting effluent still meets that requirement even though a portion of it bypassed one aspect of the treatment process.
The lawsuit points out that blending is allowed in some EPA regions.
"Although blending can be authorized in NPDES permits, certain EPA Regions do not authorize or allow their approved NPDES states to authorize blending in NPDES permits," the complaint said.
The lawsuit also said EPA Regions III and IV prohibit states from issuing National Pollutant Discharge Elimination System permits for "emergency outfalls" in the municipal collection system, despite historic practice and regulations allowing such permits.
Finally, the lawsuit charges that EPA now requires that discharges from sanitary sewer overflows (SSOs) meet secondary treatment standards even though it has not issued regulations mandating such a requirement.
The plaintiffs want the court to declare that:

blending is not prohibited under the Clean Water Act;
EPA lacks the authority to direct plant design or use of specific processes to achieve effluent limitations;
emergency outfalls in municipal collection systems can be permitted under the NPDES system; and
best available technology economically achievable (BAT) and best conventional pollutant control technology (BCT), not secondary standards, should apply to SSOs.

The case is important because EPA is developing a rule regulating SSOs that will address treatment levels for overflows and the blending issue. EPA, during the Clinton administration, signed a proposed SSO rule in January 2001, but it was never published. The agency is in the process of revising the rulemaking so that the preamble addresses comments received so far and provides more options (see related story in this issue).
Kevin Weiss, SSO program manager in the EPA Office of Wastewater Management, said at the AMSA conference that the agency is paying particular attention to the question of wet weather flows and the application of secondary treatment in the context of the blending issue. In addition, the agency is studying how to address peak excess flow treatment facilities.
Both issues were the subject of draft guidance dated Dec. 1, 2001, clarifying NPDES permit requirements during wet weather under certain scenarios (4 DEN AA-1, 1/7/02 ).
The draft also addressed bypasses, where excess flows are routed around the secondary treatment process but not blended with the treated water before being discharged. These are prohibited under current regulations except for certain extreme situations that make them unavoidable, but they are not addressed in the lawsuit.
The complaint lays out a long history of EPA's practices and policies on each issue and alleges that the agency has not acted consistently, particularly among its regional offices.
Among other things, the complaint said blending is not only an appropriate way to handle peak excess flows, but that construction grants appropriated through EPA's budget have allowed for treatment systems employing this particular design.
The concern about blending and other peak excess flow issues is whether the effluent containing pathogens is being adequately treated. Environmental groups cite an EPA-sponsored study published in the August 2001 issue of the American Journal of Public Health showing that more than half of the waterborne disease outbreaks in the United States in the past 50 years were preceded by heavy rainfall.
One AMSA official said the lawsuit probably would not go very far and that the court would most likely not act on it until EPA completes its rulemaking.


By Susan Bruninga