Member Pipeline - Regulatory - April 2005 Regulatory Update
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| To: | Members & Affiliates, Regulatory Policy Committee, Legal Affairs Committee |
| From: | National Office |
| Date: | April 28, 2005 |
Printer friendly versionThe Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the April 2005 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to April 27, 2005. Unless another contact person is specifically listed, call Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or e-mail him at chornback@amsa-cleanwater.org with any questions or input you have concerning the Update topics.
Top Stories
AMSA Sends Sewer Overflow Action Plan
to All Members of Congress
In early April, AMSA sent a letter along with its CSO/SSO
Action Plan (http://www.amsa-cleanwater.org/advocacy/co/2005-04-07hilltr.pdf)
to every member of Congress containing recommended federal ‘next steps’ toward
sound wet weather policies. The Action Plan was created in response to
the U.S. Environmental Protection Agency’s (EPA or Agency’s) August 2004
Report to Congress on the Impacts and Controls of CSOs and SSOs. The Plan
highlights key facts from the Report while urging EPA and Congress to
develop a flexible sanitary sewer overflow (SSO) policy modeled after EPA’s
current Combined Sewer Overflow (CSO) Control Policy. The Report details
the significant investments and progress municipalities have made in controlling
sewer overflows. For example, the Report states that the number of CSO
events has decreased by 28% since the 1994 CSO Control Policy was enacted and
EPA has lowered its original estimates of SSO volume by two orders of magnitude
to 3-10 billion gallons per year (from 311 billion gallons per year).
The Action Plan urges EPA to develop a national SSO policy that employs a watershed-based approach to maximize both the effectiveness of limited municipal resources and environmental and public health benefits. The Plan also encourages the development of a national permitting program for municipal collection systems and additional scientific studies on the potential public health impacts of CSOs and SSOs to ensure sound regulatory and enforcement policy. The Association will continue to work with Congress and EPA to develop policies and enforcement strategies that will help municipalities continue to make further progress on sewer overflow control.
AMSA
Ensures Strong Testimony on Need for Blending Policy in House Hearing
AMSA’s strong advocacy on behalf of EPA’s November 2003 blending
guidance in Congress has helped ensure that Capitol Hill and key federal
policy-makers are hearing the voice of the Nation’s publicly owned treatment
works (POTWs). Since the guidance’s proposal, AMSA has sent a constant stream of
advocacy materials, including its Fact-Fiction piece and various coalition
letters in support of blending, to all Members of Congress and key EPA
officials. These efforts resulted in an April 13 hearing in the House
Subcommittee on Water Resources and Environment. AMSA provided significant input
and organizational assistance to Subcommittee staff for the hearing that ensured
strong, pro-blending testimony from the municipal, state and public health
viewpoints.
Alan Vicory, Jr., Executive Director & Chief Engineer of the Ohio River Valley Water Sanitation Commission (ORSANCO), Cincinnati, Ohio, testified that blending is a state-sanctioned practice that is in full compliance with Clean Water Act permits. Vicory said, “It would be extremely difficult – if not impossible – to effectively manage the wide variety of peak wet weather events in communities along the Ohio River if blending were not an available option.” John Graham, Jr., Assistant Director, Water Quality Control Department, City of Maryville, Tenn., provided the perspective of a small, expanding town that needs to be allowed to continue blending in order to deal with peak wet weather flows. Adam Olivieri, Principal Engineer, Vice President of EOA, Inc., pointed out some of the flaws in the Rose-Katonak report, which has been relied on by activist groups in criticizing blending, by providing statistics that indicate exposure to blended effluent does not pose a significant environmental or human health risk [see related story on blending briefing below]. John Hall, President, Hall & Associates, offered the municipal and legal viewpoints in support of the practice, citing the critical importance of the ongoing blending case of Pennsylvania Municipal Authorities Association v. EPA, in which AMSA filed a brief on March 16 in support of the need for a final blending policy.
Joan Rose, the Homer Nowlin Chair in Water Research, Department of Fisheries and Wildlife, Michigan State University, defended the findings of her November 2003 Report on the human health risks associated with blending. Nancy Stoner, Director, Clean Water Project, Natural Resources Defense Council, provided the activists’ anti-blending perspective. Rep. Bart Stupak (D-MI), primary sponsor of the Save Our Waters From Sewage Act (H.R. 1126), testified in support of his bill (H.R. 1126), which would prohibit blending.
AMSA on its own and through the broad municipal coalition the Association has helped organize will continue to meet with key Members of Congress and their staff to advocate against H.R. 1126. Significantly, the municipal coalition effort on behalf of blending received honorable mention at the hearing when Subcommittee Chairman, John J. Duncan, Jr. (R-TN), stated in his introductory remarks that he had received letters supporting the practice of blending from municipal agencies or associations in 37 states. These letters will be part of the official hearing record. AMSA will continue to build on this support to ensure progress toward a final blending policy.
Biosolids
EPA Releases Final
Recommendations on Management of Radioactive Materials in Biosolids
EPA and the Nuclear Regulatory Commission (NRC), through the
Interagency Steering Committee on Radiation Standards (ISCORS), have released a
final version of the report entitled, ISCORS Assessment of Radioactivity in
Sewage Sludge: Recommendations on Management of Radioactive Materials in Sewage
Sludge and Ash at Publicly Owned Treatment Works (Recommendations), the
third and final document stemming from an interagency effort that began in 1994.
With the release of this report, the ISCORS effort to assess radioactive
materials in sewage sludge (biosolids), which began in 1995, is essentially
complete. AMSA played a critical role in the decade long ISCORS effort and in
the development of three documents. AMSA member representatives Tom Lenhart,
Director of Employee Resources at the Northeast Ohio Regional Sewer District,
Cleveland, Ohio, and Kevin Aiello, Administrator, Environmental Quality,
Middlesex County Utilities Authority, Sayreville, New Jersey, were members of
the ISCORS subcommittee tasked with conducting the assessment. AMSA also
provided detailed comments on the documents throughout the development process.
With a combined total of over 600 pages, these three documents may present a
challenge to many POTWs interested in understanding what this means for them.
AMSA is preparing a Regulatory Alert to highlight the elements of these
three documents that are most relevant for POTWs and provide a quick overview of
the critical recommendations that ISCORS is making.
At the heart of the ISCORS mission was the evaluation of the need for limits on radioactivity in sludge and ash. In line with AMSA input, ISCORS is not recommending the establishment of regulatory limits on radioactivity in sludge. Instead, similar to the draft Recommendations document released in November of 2003, the final document provides some recommended actions for POTWs that have concerns about radioactivity in their sludge or ash, and a guideline level of exposure above which POTWs should conduct more extensive investigations. The document makes it clear that this guideline level is not a regulatory limit.
ISCORS notes in the Recommendations document that three overall conclusions can be drawn from the decade-long effort: 1) Elevated levels of radioactive materials were found in some sewage sludge and ash samples, but did not indicate a wide-spread problem; 2) The estimated dose to potentially exposed individuals are generally well below levels requiring radiation protection actions; and 3) For a limited number of POTW workers and certain residential scenarios, doses above protective standards could occur (primarily due to indoor radon generated as a decay product of naturally occurring radionuclides). The final Recommendations document is designed to alert POTWs to the possibility that radioactive materials may be present in their sewage sludge, assist POTWs in assessing the levels of radioactive materials present, and provide guidance on reducing the potential for exposure should elevated levels be present.
All three documents, the ISCORS Assessment of Radioactivity in Sewage Sludge: Radiological Survey Results and Analysis, the ISCORS Assessment of Radioactivity in Sewage Sludge: Modeling to Assess Radiation Doses (released with the Recommendations document), and the Recommendations are available on the ISCORS website library (http://www.iscors.org/library.html). The Recommendations document can be found on the ISCORS website (http://www.iscors.org/pdf/FinalRecommendations.pdf).
Conferences and Meetings
Mark Your Calendars for AMSA’s Summer Conference, July 19 – 22, in Hilton Head,
S.C.
Join your clean water colleagues at the Westin Hilton Head in
Hilton Head, S.C., July 19 – 22, for AMSA’s annual Summer Conference. This
year’s conference is titled Wastewater Conveyance and Treatment…Navigating an
Uncertain Regulatory Environment, and will examine how the nation’s
municipalities continue to make steady progress towards meeting the goals of the
Clean Water Act despite the lack of clear national guidance on several key
issues. With enforcement driving the train on the management of wet weather
flows, many communities are committing millions of dollars to address sanitary
sewer overflows without knowing for sure whether they will ultimately be in
compliance with a national policy that is years from being developed. Beyond the
wet weather arena, the 2005 Summer Conference will also explore broader
collection system issues such as maintenance and replacement programs, and
issues at the community level such as affordability considerations and long-term
planning for infrastructure improvements.. Look on AMSA’s website (http://www.amsa-cleanwater.org/meetings/#05summer)
soon for more information on registration and a conference agenda.
AMSA/ CSO Partnership Workshop Shows Need for Increased EPA Focus
on CSO, UAA Issues
On April 11 - 12, in Chicago, AMSA and the CSO Partnership
brought together experts representing all perspectives on the most complex
combined sewer overflow (CSO) implementation issues facing municipalities today.
The Workshop also made it clear that EPA needs to improve inter-departmental
consistency on CSO issues and to consider updating its approach on UAAs and
long-term control plans (LTCPs) for CSOs. For example, EPA’s Director of the
Office of Wastewater Management, Jim Hanlon, was on hand to hear directly from
clean water agency representatives on issues such as defining existing uses, the
implications of the Clean Water Act’s reference to the CSO policy and
subcategorizing designated uses. Hanlon indicated that it would be critical to
involve EPA’s Office of General Counsel going forward to provide direction to
communities on key unanswered long-term control plan (LTCP) questions. Director
of the Water Permits Division, Linda Boornazian, and Director of the Water
Quality Standards and Health Protection Division, Denise Keehner, commended
attendees on the progress they have made and reported that EPA will soon release
a compendium of Use Attainability Analysis (UAA) case studies to provide some
interim help and guidance on UAAs as the Agency considers to consider whether
and how to move forward on UAAs. Workshop presentations will be available on
AMSA’s Conferences & Meetings webpage (http://www.amsa-cleanwater.org/meetings/)
soon. For more information on the meeting, contact AMSA’s General Counsel,
Alexandra Dunn, at 202/533-1803 or
adunn@amsa-cleanwater.org.
International Organization of Standardization (ISO) Issues
AMSA Voices POTW Perspective on ISO Standards
Since the last ISO meeting on January 24 – 27 in Valencia, Spain
at which AMSA voiced the U.S. POTW perspective during in-depth editorial
meetings, ISO has developed revised draft drinking water and wastewater standard
documents. AMSA is currently in the process of reviewing these documents via its
ISO representatives and the Utility Management Committee. AMSA’s ISO
representatives will also be meeting on May 1, 2005 at the 35th Anniversary
Annual Meeting to review and compile comments. These comments will focus on
several key issues, including whether and how stormwater concerns should be
treated under the standards and to ensure harmonization of the drinking water
and wastewater documents — an effort on which AMSA is also working closely with
the American Water Works Association (AWWA). The Association held a March 29
conference call with AWWA to discuss the comment effort and to ensure
consistency in the U.S. message. The Association will also comment on the need
to guarantee that the selection of particular performance indicators in the
wastewater services standard document remains a local, voluntary decision. The
next ISO meeting is scheduled for October 2005 in Berlin, Germany and the
Association will be sending two representatives to that meeting.
Pretreatment
AMSA Files Two
Briefs in Effluent Limitations Guidelines Litigation
In early April, AMSA filed two briefs in Our Children’s Earth
Foundation (OCE) v. EPA to support the Agency’s approach to the effluent
limitation guidelines (ELG) program both for direct dischargers and the
pretreatment program for indirect dischargers. AMSA is an intervenor in this
case in order to protect the interests of POTWs nationwide with pretreatment
programs. Simply stated, if OCE is successful in its challenge to EPA that the
Agency must review effluent limitation guidelines (ELGs) more often than is
authorized or permitted by law, this will have significant resource and budget
implications on many Association members. Specifically, OCE has alleged
that EPA has not: reviewed all ELGs annually; reviewed effluent limitations
based on best available technology (BAT) economically achievable and best
conventional pollutant control technology (BCT) every five years; issued timely
biennial effluent guidelines plans under § 304(m); and adopted a proper
2004/2005 effluent guidelines plan. AMSA’s briefs in the case provide
legislative history on Congress’ intent regarding the ELG program and emphasize
the appropriateness of EPA’s approaches in this arena in past years. A hearing
is scheduled before the U.S. District Court for the Northern District of
California on May 11. AMSA’s briefs in the OCE case are posted to the
Association’s Litigation Tracker (http://www.amsa-cleanwater.org/private/littrack/).
For more information on the litigation, contact AMSA’s General Counsel,
Alexandra Dunn, at 202/533-1803 or
adunn@amsa-cleanwater.org.
Utility Management
AMSA
Sends 2005 Financial Survey to All Association Members
AMSA mailed its 2005 Financial Survey to all public agency
members in April. The Association urges all members to complete the survey
by the June 15 deadline. The Survey serves as a comprehensive
‘snapshot’ of treatment facilities’ financing and management trends and provides
critical information for wastewater treatment agencies to use in determining
their respective benchmarks and goals. Refer to Member Update 05-06 (http://www.amsa-cleanwater.org/private/membcomm/memupdate/mu05-06.cfm)
or contact AMSA’s Manager of Regulatory Affairs, Will Pettit, at 202/833-3280 or
wpettit@amsa-cleanwater.org
for more information.
Water Quality
AMSA Files Brief in NPDES Case, Addresses Water Quality and
TMDL Issues
AMSA and the Virginia Association of Municipal Wastewater
Agencies (VAMWA) filed an amicus curiae brief in Chesapeake Bay
Foundation (CBF) v. Town of Onancock (Onancock) on April 19. Recognizing
that Virginia is in the process of revising nutrient water quality standards
(WQS) and developing total maximum daily loads (TMDLs) for the Bay, Onancock’s
National Pollutant Discharge Elimination System (NPDES) permit requires the
facility to monitor for nutrients, accelerate nutrient removal planning and
maximize current nutrient removal capability. In its March 18 opening brief, CBF
argued that Onancock’s permit was improperly issued because it did not include
specific concentration based limits for nutrients. AMSA’s amicus curiae
brief emphasizes that Onancock’s permit properly recognizes that nutrient permit
limits should be pound-based and built upon proper WQS and the TMDL. The brief
also shows that by allowing these pieces to fall into place first, subsequent
facility upgrades will more likely result in measurable water quality
improvements. Asserting that CBF’s suit seeks to trump years of focused effort
by Bay stakeholders, AMSA’s brief notes that both the WQS and TMDL processes are
nearly complete. The brief also references new Virginia legislation creating a
Virginia General Permit and trading program for nutrients for the Bay watershed.
A hearing before the state court is scheduled for April 27. Visit AMSA’s
Litigation Tracker (http://www.amsa-cleanwater.org/private/littrack/#cbf)
or contact AMSA’s General Counsel, Alexandra Dunn, at 202/533-1803 or
adunn@amsa-cleanwater.org for
more information.
Wet Weather
AMSA Reviews New EPA Guidelines for Federal Enforcement in
CSO/SSO Cases
On April 10, Thomas V. Skinner, Acting Assistant Administrator of
EPA’s Office of Enforcement and Compliance Assurance, and Robert W. King, Jr.,
Secretary Treasurer, Environmental Council of the States (ECOS), in their roles
as Co-Chairs of the EPA-State CSO/SSO Workgroup, sent all 10 EPA Regions and the
ECOS Compliance Committee a memo (http://www.amsa-cleanwater.org/advocacy/co/2005-04csosso-guidelines-enf.pdf)
that included new guidelines for federal enforcement in CSO/SSO cases. The memo
acknowledged that enforcement actions involving CSO and SSO violations are often
highly complex and resource-intensive for EPA and authorized states. Stressing
the need for EPA and the states to work together, the guidelines reflected the
findings of a workgroup of EPA and state stakeholders that met to address these
issues and provide greater clarity on when the federal government would pursue
enforcement actions in CSO/SSO cases. The memo indicates that EPA is not
introducing any new standards for federal CSO/SSO enforcement, but instead is
reinforcing EPA’s existing policies. AMSA’s Wet Weather Issues and Legal Affairs
Committees will be discussing the memo during AMSA’s upcoming 35th
Anniversary Annual Meeting next week.