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Diverting, Remixing of Excess Wastewater Allowed Under Certain Conditions, EPA Says

Sewage treatment plants would be able to route excess wastewater around part of their treatment system during wet weather and remix it with treated wastewater if certain conditions are met according to a draft guidance announced by the Environmental Protection Agency Nov. 2.

Referred to as "blending," the practice, which has been used by sewage treatment plants since the 1970s, is designed to prevent the biological treatment system from being inundated during wet weather when wastewater flows often exceed the facilities' storage capacity. The Clean Water Act requires all discharges to meet secondary or biological treatment standards, which address biochemical oxygen demand compounds.

EPA officials said that in practice, the resulting flows--in which discharges that have been treated are blended with wastewater that has been routed around the biological system--still meet secondary standards and National Pollutant Discharge Elimination System permit limits. The blended discharges get disinfected, usually through chlorination, before being discharged.

Environmental groups and some in the agency's Office of Enforcement and Compliance Assurance said blending may violate the Clean Water Act's prohibition on bypasses. Essentially, the bypass regulations (40 CFR 122.41(m)) prohibit allowing wastewater treatment plants to bypass any aspect of the treatment process except in extreme circumstances, such as to prevent a loss of life or if no feasible alternative was available.

James Hanlon, director of the EPA Office of Wastewater, told BNA the draft policy, which was not yet available, lays out six conditions under which blending would be allowed and not considered an illegal bypass.

The treatment plant, he said, would have to:


meet all the conditions of the NPDES permit, including secondary treatment standards and any other requirements imposed by the permitting authority;
lay out in its permit application the treatment scheme that will be used to manage these flows, including design capacity and application of generally accepted practices;

ensure that flows routed around the biological treatment process be provided with primary treatment, which essentially involves solids removal;

operate the facility in accordance to the plan laid out in the permit application;

continue to appropriately operate and maintain the collection system; and

increase monitoring and data collection during blending events to assess the impacts on the receiving waters.


The conditions in the Nov. 2 draft are nearly identical to provisions in the December 2001 draft guidance that was circulated widely, he said (4 DEN AA-1, E-1; 1/7/02). The one exception is that the agency added the monitoring requirements to the current draft.
Hanlon said the draft guidance also recommends that if the POTW discharges to sensitive waters or areas near beaches or other recreational places, the permitting authority may consider additional limits regarding how and when blending would be authorized in the permit.

The agency is seeking comment on whether the blending guidance should have a "reopener clause" in which a permit may be reopened during its five-year duration if monitoring data reveal a problem caused by the blending that needs to be addressed, Hanlon said.

Environmental groups oppose the blending concept on two counts. They have argued that blending does not address the critical problem of pathogens and that it violates the bypass provisions of the Clean Water Act.

The Natural Resources Defense Council said in a Nov. 2 statement that the secondary treatment process is a critical stage during which most of the pathogenic organisms and other pollutants are removed from wastewater. This is accomplished through biological treatment that uses microbial digestion to render pathogens and other pollutants harmless.

"Neither solids removal nor disinfection effectively removes viruses or parasites, such as cryptospiridium and giardia, and it has limited effectiveness in removing bacteria," NRDC said.

The Association of Metropolitan Sewerage Agencies, which represents large publicly owned treatment works, has been urging EPA to issue the guidance in order to establish a consistent national policy on the practice that has been employed for decades. While it may be true that blending mean increased pathogen loadings during wet weather, the alternative would be even worse--a complete washout of the biological system that would mean no secondary treatment at all until the facility could be brought on line again, an AMSA official told BNA.

"POTWs are not designed to treat every single ounce of water on the planet," the official said. The only way to avoid blending in many cases would be to build extra storage capacity that would be able to hold the extra flows until they could be routed through the biological system, an option that would be prohibitively expensive, AMSA has said.

Municipalities have been pushing EPA to issue guidance because they said the some of the agency's regional offices have barred the use of blending when they issued permits to several POTWs. In July 2002, three municipal groups sued the agency alleging that the agency's Region III office in Philadelphia, Region IV office in Atlanta, and Region VI office in Dallas specifically ban blending and that the prohibition is an uneven application of a policy that is not supported by the agency's Clean Water Act bypass regulation (Pennsylvania Municipal Authorities Ass'n v. Whitman, D.D.C., 1:02-01361, 7/8/02; 138 DEN A-8, 7/18/02).

Comments will be accepted on the draft guidance until Jan. 9, 2004.

The draft blending guidance and instructions for submitting comments will soon be available at http://www.epa.gov/npdes/blendingon the World Wide Web.