AMSA Regulatory Update April 2002

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AMSA’s National Office is pleased to provide you with the April 2002 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to May 3, 2002. A Regulatory Digest of activities currently tracked by AMSA can be found on AMSA’s web site at http://www.amsa-cleanwater.org/private/regupdates/reg_digest.cfm. If you have any questions or comments, please contact the AMSA National Office at 202/833 AMSA or info@amsa-cleanwater.org.

AMSA’s May Policy Forum Confronts New Regulatory Challenges as the Clean Water Act Turns 30
AMSA's 2002 National Environmental Policy Forum & 32nd Annual Meeting is timed perfectly as our nation's policymakers are taking a close look at many of the Association's priority issues - water infrastructure funding, infrastructure security/emergency preparedness and wet weather initiatives prominent among them. U.S. Environmental Protection Agency (EPA) Administrator Christine Todd Whitman will deliver the Policy Forum’s Keynote Address on May 21, and top Office of Water officials will host a panel discussion on ongoing regulatory policy initiatives later that day. The Policy Forum will also feature AMSA’s annual Technical Roundtables which provide members with an opportunity to discuss the latest developments in key wastewater regulations and policies with the specific EPA staff assigned to those initiatives. In addition, all of AMSA’s technical committees will meet during the Policy Forum, and the Association’s committee leaders will conduct a Priority Issues Briefing to kick the conference off on May 19.

Air Quality

AMSA Comments on EPA’s Proposed Amendments to the POTW MACT
On April 22, 2002, AMSA filed comments on EPA’s proposed amendments to the final Clean Air Act (CAA) maximum achievable control technology regulations for new and existing industrial publicly owned treatment works (POTW MACT) (67 Fed. Reg. 13496). The amendments are proposed under a settlement agreement with the Pharmaceutical Research and Manufacturers of America (PhRMA), which challenged the POTW MACT. PhRMA specifically litigated the POTW MACT’s provision that would automatically classify an industrial POTW as a major source of hazardous air pollutants (HAPs) if the POTW received wastewater for treatment from any major source. In consultation with members potentially affected by the rule, AMSA prepared comments that were generally supportive of EPA’s proposal. Specifically, AMSA supported EPA’s proposed amendments to the POTW MACT for area source industrial POTWs, EPA’s proposal to set generally available control technology (GACT) at “no control” for area source new or existing non-industrial POTWs, and supported EPA’s proposal to require area source industrial POTWs to comply with the same MACT requirements as major source industrial POTWs, except for the Title V permitting requirements.

AMSA’s comments also noted that EPA has proposed a rule of national applicability and questioned whether EPA has the statutory authority to apply regulations under this particular CAA section – designed to address high air toxics concentrations in urban areas – to rural POTWs. Although this Agency decision has few regulatory consequences for the current rulemaking, as EPA has proposed no control as GACT for non-industrial area source POTWs, it may have implications for POTW-related area source categories that EPA may regulate in the future, such as sewage sludge incinerators. For more information, please contact Alexandra Dunn at 202/533-1803 or adunn@amsa-cleanwater.org. A copy of AMSA’s comments can be obtained at: http://www.amsa-cleanwater.org/private/legreg/outreach/042202112kcomments.pdf.

Biosolids

AMSA Continues to Track EPA’s Dioxin Reassessment; GAO Report Provides New
Insight While AMSA and other biosolids stakeholders await the release of EPA’s Agency-wide Reassessment of Dioxins, a new Government Accounting Office (GAO) report issued April 26 sheds additional light on the data EPA used and the extent to which the Agency modified the assessment based on peer reviewer’s comments. The report, Environmental Health Risks – Information on EPA’s Draft Reassessment of Dioxins, was prepared in response to a request from Senators John Breaux (D-LA) and Thad Cochran (R-MI). Specifically, the Senators asked the GAO to provide information on three issues:

• The data EPA used to estimate human dietary exposure to dioxins in the United States;
• How EPA’s reassessment objectives, processes, analytical methods, and conclusions on the health risks posed by dioxins compare with those of the World Health Organization (WHO); and
• The extent to which the draft dioxin reassessment report reflects the views of independent peer review panels that reviewed key aspects of the reassessment.

GAO was careful to point out that the report does not render an opinion on the scientific merits of the reassessment. GAO concluded that while there were obvious differences in opinion between the two organizations on certain issues (such as whether to establish a threshold or “safe” dose), EPA and WHO used very similar analytical methods to identify the types of potential human health hazardous associated with exposure to dioxins. GAO also concluded that the reassessment largely reflects the recommendations and suggestions provided to the Agency by peer reviewers.

Meanwhile, EPA continues to move forward with completing the draft reassessment. Once EPA is satisfied that the current draft of the reassessment addresses the concerns raised by various peer review panels, the Agency will have to make a decision on a request from Rep. James T. Walsh (R-NY) to have the reassessment reviewed by the National Academies. In addition, EPA must coordinate an interagency review of the reassessment before it is released in draft form. AMSA will continue to track this issue and assess how it will impact EPA’s Part 503 rulemaking for dioxin in land applied biosolids. For more information on the proposal, please contact Chris Hornback, AMSA 202/833-9106 or chornback@amsa-cleanwater.org.

Pretreatment

AMSA Prepares Comments on Proposed Meat Rule; EPA Extends Public Comment Period
On February 25, EPA published the proposed Meat and Poultry Products Effluent Limitations Guidelines (ELG) (67 Fed. Reg. 8582) (See Regulatory Alert RA 02-6). EPA proposes to take no action for indirect dischargers. However, the Agency solicits comment on several regulatory options and seeks input on a handful of reported interference episodes at POTWs. During discussions with EPA over the last six months, AMSA has maintained that POTWs are capable of handling the pollutants discharged from meat and poultry processing facilities. Though EPA cites approximately 20 incidents of interference caused by meat or poultry facilities, the Agency admits that they do not have all the relevant details and that some of the cases may have been one-time events.

On April 9, AMSA participated in a public meeting on the proposal. During the meeting, EPA provided an overview of the proposal and outlined what their next steps would be. AMSA expressed its concerns with some of the information EPA had collected to date, specifically the 20 reported incidents of interference, and encouraged the Agency to follow up on these incidents to ascertain how the problems were addressed.

On April 24, EPA announced that it had extended by 60 days the public comment period for the proposal (67 Fed. Reg. 20081). The comment period now ends on June 25, 2002. For more information on the proposal, please contact Chris Hornback, AMSA 202/833-9106 or chornback@amsa-cleanwater.org. A copy of the proposed rule can be obtained at: http://www.epa.gov/fedrgstr/EPA-WATER/2002/February/Day-25/w2838.pdf.

AMSA Tracks EPA Effort to Relax CWA Requirements for Performance Track Participants
On April 24, at a meeting of National Environmental Performance Track participants, EPA Administrator Christine Todd Whitman announced that she would soon propose a rule relaxing reporting requirements under the Clean Water Act (CWA) for high performing POTWs that participate in the Performance Track program. The Performance Track program was created in 2000 to motivate and reward those members of the regulated community that go beyond compliance by developing environmental management systems and looking for ways to continuously improve environmental performance. When the program was first announced, AMSA expressed several concerns with the structure of the program, noting the program's lack of adequate incentives for participation and a number of overlaps with other environmental management system (EMS) initiatives and awards programs. AMSA will continue to track this issue and update the membership when the changes are proposed. For more information on the proposal, please contact Chris Hornback, AMSA 202/833-9106 or chornback@amsa-cleanwater.org. Additional information on the National Environmental Performance Track program can be obtained at: http://www.epa.gov/performancetrack/.

Water Quality

AMSA Continues its Active Participation on Advisory Committee on Water Information
On April 2-3, AMSA participated in the annual meeting of the Advisory Committee on Water Information (ACWI) in Herndon, Virginia. For the past few years AMSA has been an active member of the Committee, which was established by the Secretary of the Interior under the Federal Advisory Committee Act (FACA) to provide ongoing support to the Water Information Coordination Program (led by the U.S. Geological Survey). ACWI was developed to identify water information needs, evaluate the effectiveness of water information programs, and recommend improvements necessary to ensure natural resource and water quality decision-makers have the information they need. In addition to updates on key water quality initiatives and programs such as EPA’s Watershed Rule (previously known as the “TMDL rule”) and the National Water Quality Assessment Program, the meeting also provided an opportunity for members of the committee to reflect on how the events of September 11, 2001 will impact water quality information needs in the future. AMSA’s General Counsel and officials from the Association of Metropolitan Water Agencies, the American Water Works Association, and EPA highlighted how both the water and wastewater communities have been affected by this new set of priorities. ACWI membership is scheduled for renewal this year, and AMSA expects to continue its role on this critical committee. For more information on the committee or AMSA’s role, please contact Chris Hornback, AMSA 202/833-9106 or chornback@amsa-cleanwater.org.

National Office Recommends Issuance of Proposed EPA Trading Policy
On April 30, AMSA wrote EPA Administrator Christine T. Whitman to recommend that the Agency move forward with the issuance of its proposed Water Quality Trading Policy Statement for public comment. The same letter also urged Governor Whitman to renew efforts to propose a sanitary sewer overflow rule (see story below). The National Office, after reviewing the February 25, 2002 draft policy and discussing preliminary feedback on the document with AMSA members and Office of Water staff, believes the draft policy “represents a positive step towards encouraging greater use of voluntary, market-based approaches to achieve water quality objectives.” At the same time, the letter encouraged the Agency staff to look for ways to clarify the appropriate relationship between trading and total maximum daily loads (TMDLs) program. AMSA indicated that it is important to emphasize “that trading should not be used as a replacement for a fair and equitable allocation of pollutant reduction responsibilities among watershed sources.” The AMSA letter can be viewed at http://www.amsa-cleanwater.org/private/legreg/outreach/043002EPAletter.pdf. According to EPA staff, the draft policy will probably be proposed for public comment in the next few weeks. For further information, contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.

Wet Weather

AMSA Aims for Full Member Participation in 2002 Wet Weather Survey
On March 27, AMSA launched its 2002 Wet Weather Survey via Regulatory Alert RA 02-7, requesting that members return completed surveys by Monday, April 22. To encourage greater participation in this extremely important survey, AMSA has extended the deadline to submit completed surveys to Tuesday, May 7. The survey form is attached to RA 02-7 and is also available on-line by visiting the AMSA web site at http://amsa-cleanwater.org and clicking on the 2002 Wet Weather Survey icon. The objective of the 2002 Wet Weather Survey is to develop a more thorough understanding of how members design their collection systems and treatment plants to handle wet weather flows. This information will be critical to AMSA’s ongoing regulatory negotiations with EPA on a reasonable sanitary sewer overflow (SSO) rule and blending policy. We greatly appreciate your participation in this endeavor. Your participation will help ensure that the data collected is a true representation of the wet weather issues facing the nation’s POTWs.

While we have received a number of completed surveys, many more are needed before we can accurately convey the complexity of the issues you face to EPA. We hope to report on information from at least 50 percent of AMSA members. For further information, contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.

National Office Urges Movement on Proposed SSO Rule
On April 22, AMSA wrote EPA’s Office of Water to reaffirm the Association’s support for moving forward with the proposed SSO rule. A similar letter was sent to Christine T. Whitman, EPA Administrator, on April 30. The National Office specifically counseled the Agency to follow through on Assistant Administrator Tracy Mehan’s November 7, 2001 announced plan to proceed with the development of an SSO proposal. The AMSA letter, which can be viewed on the web site at http://www.amsa-cleanwater.org/private/legreg/outreach/042202EPAletter.pdf, indicated that “notwithstanding AMSA’s continued belief that several of the key provisions in the draft regulation are flawed, we have a genuine interest in developing a workable rule with consistent, national standards for controlling overflows.” The Assistant Administrator’s plan called for proposing the regulatory text from the January 2001 draft, and revising the preamble discussion to invite comment on potential alternative regulatory options. AMSA clarified that the Association’s support for continuing the rulemaking process is based on and tied to EPA successfully following through with the Assistant Administrator’s plan. In addition, AMSA clarified that it would oppose any change in the proposal format which would break up the different parts of the rule and propose them in a piecemeal fashion. For more information, contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.

EPA Meetings

25th Annual Conference on Analysis of Pollutants in the Environment
The Office of Science and Technology will host the “25th Annual Conference on Analysis of Pollutants in the Environment” on May 7-9, 2002 at the Sheraton Norfolk Waterside Hotel, in Norfolk, Virginia. The conference is designed to bring together representatives of regulated industries, commercial environmental laboratories, state and federal regulators, municipal water and wastewater laboratories, and environmental consultants and contractors to discuss all aspects of environmental measurement, focusing on environmental water regulations, compliance monitoring, and related issues. Additional information on the conference and a draft program agenda can be obtained at: http://www.epa.gov/fedrgstr/EPA-MEETINGS/2002/March/Day-26/m7225.htm.

National Symposium on Designated Uses
EPA will host a national symposium entitled “Designating Attainable Uses for the Nation’s Waters” on June 3-4, 2002, in Washington, D.C. EPA is interested in developing additional guidance on establishing designated uses for waterbodies and the process to follow when making those uses more or less protective (use attainability analyses). EPA hopes the symposium will provide an opportunity for stakeholders to present their views on the subject. EPA is currently reviewing abstracts submitted by interested stakeholders to determine which topics will be presented during the symposium. AMSA will participate on an expert panel on designated uses during the first day of the symposium. The meeting is open to anyone who wishes to attend. Additional information on the symposium can be obtained at: http://www.epa.gov/waterscience/standards/symposium/.

EPA Posts

EPA to Name New Director of Regulatory Enforcement
AMSA has learned that Walker Smith will be named Director of the Office of Regulatory Enforcement within EPA’s Office of Enforcement & Compliance Assurance in the coming weeks. Smith would be filling the vacancy left by Eric V. Schaeffer, who resigned in February. Smith, currently Deputy Chief of the Justice Department’s Environmental Enforcement Section, joined the Department in 1985 as a trial attorney and served as an assistant chief in the section.