AMSA Regulatory Update August 2003

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The National Office of the Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the August 2003 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to September 5, 2003. A Regulatory Digest of activities currently tracked by AMSA can be found on the Association’s website at http://www.amsa-cleanwater.org/private/regupdates/reg_digest.cfm. Unless another contact person is specifically listed, call or email questions to Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or chornback@amsa-cleanwater.org.

Air Quality

AMSA to Comment on Proposed Changes to Risk Management Plan Submission Requirements
On July 31, the U.S. Environmental Protection Agency (EPA) published a proposed rule on Accidental Release Prevention Requirements: Risk Management Program Requirements Under Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements (68 Fed. Reg. 45123). Among other changes, EPA is proposing that facilities update and re-submit their entire Risk Management Plan (RMP) within six months of the date of any accident that meets certain criteria. In the past, facilities were only required to record information on accidental releases from covered processes, and then submit that accident history with an updated RMP at least every five years. Accidents resulting in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage would meet the criteria.

EPA notes that the proposed change would modify a facility’s schedule for updating and re-submitting its RMP, and the facility would not need to re-submit again, provided there are no other accidents or major changes, for another 5 years. The Agency believes this will not significantly change the current burden associated with filing an RMP, though if other accidents occur, a facility could be required to update and re-submit their RMP several times within a five-year period. The Agency is seeking comments on the proposal through September 15, 2003. AMSA will gather input from the membership by a requested September 11 deadline as discussed in Regulatory Alert 03-09. The proposed rule can be found on the Agency’s website at http://www.epa.gov/fedrgstr/EPA-AIR/2003/July/Day-31/a19281.pdf. For more information, please contact AMSA’s Regulatory Analyst, Will Pettit at 202/833-3280 or wpettit@amsa-cleanwater.org.

Biosolids

AMSA Tracks New Direction of Dioxin in Land-applied Biosolids Rule
AMSA has learned that EPA is considering using published, peer-reviewed cancer studies cited in the Agency’s Dioxin Reassessment in its effort to finalize the pending regulation on dioxin in land-applied biosolids. This comes on the heels of a Science Policy Council recommendation that the Agency avoid citing the yet to be completed Dioxin Reassessment in rulemakings, in line with AMSA’s recommendation to the Council that to use scientific information on which consensus has not been reached would set a dangerous precedent. AMSA’s letter to the Council’s Chair, Paul Gilman, can be found at http://www.amsa-cleanwater.org/private/legreg/outreach/06-13-03gilmanletter.pdf. AMSA remains confident that the potential use of these published studies will have little if any impact on the final outcome of the dioxin in land-applied biosolids rule, which must be finalized by October 15 of this year. AMSA will alert the membership should continued discussions with the Agency reveal new information.

Information Sharing

AMSA Encourages Members to Take Advantage of CleanWater Central Database
CleanWater Central, an AMSA and Water Environment Research Foundation (WERF) funded project, unveiled at AMSA’s 2003 Summer Conference in Boston, Mass., is a centralized Internet database containing detailed technical and research information relevant to wastewater facilities. The database was developed to meet the evolving needs of AMSA and WERF members and provide a means for accessing and evaluating utility-specific statistical data. The database will also serve as the platform for future AMSA surveys, including the 2003 AMSA Index Survey, which is now being conducted via CleanWater Central.

All AMSA Member Agencies and Public Affiliates, as well as WERF Public Subscribers, and nonmember public agencies who submit baseline data for the database, will receive free full access to CleanWater Central until September 2004. After September of next year, member and nonmember public agencies will be required to update their baseline data to maintain free access. Full access to the database may also be purchased by nonparticipating public agencies for an annual subscription fee. Private entities and organizations will be able to purchase blind access to the database for an annual subscription fee.

AMSA is very excited about this updated informational resource and encourages all of its members to logon, check out what the system offers, and enter their baseline data. All you need is your AMSA User ID and Password to get started. Visit CleanWater Central online at http://www.cleanwatercentral.org.

Pretreatment

AMSA Meets with EPA on Changes to Effluent Guidelines for Centralized Waste Treatment
On August 7, 2003, AMSA, along with several industrial stakeholders, met with EPA to discuss revisions to the Effluent Limitations Guideline (ELGs) for the Centralized Waste Treatment (CWT) Point Source Category, focusing on the removal of molybdenum from the Organics Subcategory. Based on a review of the data used to develop the rule, and more recent data submitted by industrial CWT plants, the Agency stated it will seriously consider removing molybdenum from the Organics Subcategory.

AMSA’s Pretreatment and Hazardous Waste Committee Chair, Guy Aydlett, Director of Water Quality at Hampton Roads Sanitation District, Virginia Beach, Va., hammered home to EPA officials the fact that the Agency’s recommendation of biological treatment for organic wastestreams does not consistently or effectively remove metals; therefore, a limit on molybdenum is not only unachievable, but unwarranted. At the meeting, representatives of CWT plants submitted additional key data and, based on this new information, the Agency demonstrated a willingness to rethink the inclusion of a molybdenum limit – a very encouraging outcome. The Agency indicated that the revisions would be proposed in the coming weeks and, after a 30 day public comment period, would be finalized before the Agency’s December deadline. AMSA will continue to track this important issue and will alert the membership of further developments.

AMSA Supports EPA Decision Not to Develop Pretreatment Standards in Meat Rule
On August 13, 2003, the U.S. Environmental Protection Agency (EPA) published a Notice of Data Availability (NODA) on the Effluent Limitations Guidelines (ELGs) and New Source Performance Standards for the Meat and Poultry Products (MPP) Point Source Category (68 Fed. Reg. 48471). When EPA proposed the MPP ELG on February 25, 2002 (67 Fed. Reg. 8582), it was determined that pretreatment standards were not needed, but additional information was sought on cases of publicly owned treatment work (POTW) interference caused by MPP facilities. EPA also indicated that it would publish additional data in a NODA prior to taking final action. The August 13 NODA presents a summary of data received in comments and additional data collected since the proposal and describes how these data may be used by EPA in developing final regulations. Despite receiving data from EPA Region 5 and two states, some detailing incidents of interference, EPA considers the data received as insufficient to warrant pretreatment standards for the MPP industry. The final ELG for the MPP category must be published by December of this year. AMSA will likely comment on the NODA to support EPA's decision not to develop controls for indirect dischargers. Comments on the NODA are due on September 29, 2003. The NODA is available on the Agency's web site at http://www.epa.gov/fedrgstr/EPA-WATER/2003/August/Day-13/w20524.pdf.

Water Quality

AMSA to Review Final Strategy for Water Quality Standards
On August 22, 2003, EPA issued the final version of its Strategy for Water Quality Standards and Criteria: Setting Priorities to Strengthen the Foundation for Protecting and Restoring the Nation's Waters (Strategy). The final Strategy identifies three sets of strategic actions related to water quality standards issues: "highest priority" actions, "next priority" actions, and actions "to be considered for future priority setting." Of note are two of the "highest priority" actions: issue implementation guidance for the 1986 bacteria criteria for recreation and produce and implement a strategy for the development of pathogen criteria for drinking water and recreational use. AMSA is currently reviewing the Strategy to determine the extent to which its comments were addressed in the final version. The Strategy is available at: http://www.epa.gov/waterscience/standards/strategy/. AMSA comments on the draft strategy released in May of 2002 can be found on the Association’s web site at http://www.amsa-cleanwater.org/private/faxalerts/08-16-02a.pdf.

AMSA to Comment on Draft Watershed Permitting Guidance
On August 25, 2003, EPA released for comment its Draft Guidance on Watershed-Based National Pollutant Discharge Elimination System (NPDES) Permitting Implementation (68 Fed. Reg. 51011). The guidance describes the concept of and the process for watershed-based permitting under the NPDES permit program. Watershed-based NPDES permitting is an approach to developing NPDES permits for multiple point sources located within a defined geographic area (i.e., watershed boundaries). EPA notes that the approach is aimed at achieving new efficiencies and environmental results and provides a process for considering all stressors within drainage basin or other geographic area, rather than addressing individual pollutant sources on a discharge-by-discharge basis. AMSA is reviewing the guidance and plans to solicit member comments via a forthcoming Regulatory Alert. Comments are due to EPA by September 24, 2003. The draft guidance may be found on the Agency’s website at http://www.epa.gov/npdes/pubs/watershed_guidance_aug_03.pdf.

AMSA Signs Coalition Letter Illustrating Concerns with Direction of MDL/ML Proposed Rule
On August 15, 2003, a broad municipal, industrial, and scientific coalition, including AMSA, sent a letter to EPA’s Assistant Administrator for Water, G. Tracy Mehan III, illustrating concerns with the direction EPA’s Office of Water appears to be taking in its March 2003 proposed method detection limit (MDL) and minimum level of quantitation (ML) rule. The coalition contends that the current MDL/ML approach routinely gives erroneous estimates of the sensitivity of laboratory measurements, and the proposed revisions are no improvement. The letter also points out that the Agency’s procedures do not provide a sound basis for ascertaining compliance with NPDES permit limits set below levels of available quantitation. Attached to the letter to Mehan were consensus principles, which the coalition believes provide a technically sound basis for establishing detection and quantitation levels. AMSA urges the Agency to adopt these principles in the development of a final, agency-wide approach to addressing detection and quantitation levels. AMSA will continue to have discussions with the Agency on this issue and will alert the membership of any further developments. The letter and consensus principles are available on AMSA’s web site at: http://www.amsa-cleanwater.org/private/legreg/outreach/2003-08-15mdl.pdf.

EPA Releases Final Enforcement Compliance Website, AMSA Urges Members to Review Data
In late August, EPA released its final Enforcement Compliance History Online (ECHO) database to the public and at the same time responded to comments received during the comment period earlier this year. AMSA commented on ECHO on March 31, 2003, highlighting numerous concerns with data accuracy, data interpretation, and problems with the error correction process. Specifically, AMSA’s comments noted member concerns that ECHO gives ready access to inaccurate compliance data on their facilities, thus subjecting them to third party lawsuits, the expense of defending against them, and public misinterpretation of the environmental records of our nation’s POTWs. Of note was the Agency’s response to the regulated community’s concern over the accuracy of the facility data in ECHO. EPA made the assumption that comments received from trade associations, like AMSA, were not indicative of a general problem with data accuracy, rather an isolated problem with a few of their member agencies. Given this conclusion on the part of the Agency, AMSA strongly encourages its members to visit the ECHO database and report any errors directly to EPA that they may find in their facility reports. The EPA’s ECHO database can be found at http://www.epa.gov/echo. AMSA’s comments are available on the web at: http://www.amsa-cleanwater.org/private/legreg/outreach/03-31-03ECHOComments.pdf. EPA’s responses to industry and other stakeholder comments can be found on the Agency’s website at: http://www.epa.gov/echo/info/echo_review_period.pdf.

AMSA Encourages Members to Submit Abstracts for Upcoming NWQMC Meeting
Through its participation on the National Water Quality Monitoring Council (NWQMC), AMSA has learned that abstracts for the 2004 4th National Monitoring Conference are now being accepted. The Conference, to be held in Chattanooga, Tennessee May 17-20, 2004, will provide an outstanding opportunity to participate in technical programs and training, share successes, discuss issues, and network with colleagues in the water monitoring community.

The Council seeks oral and poster presentations on topics available on NWQMC’s website at http://www.nwqmc.org. If you would like to receive more information about the conference as it becomes available, please contact the conference coordinator at nwqmc2004@tetratech-ffx.com or 410-356-8993. Abstracts must be received no later than October 31, 2003.

Wet Weather

AMSA Releases Matrix Detailing Collection System Capacity-Setting Process
AMSA recently completed its Collection System Capacity-Setting Matrix and Narrative (Matrix). The Matrix supports AMSA’s 2002 Wet Weather Survey (Survey) and related efforts to increase the Agency’s understanding of the methodologies used by collection system operators to make system capacity assessments. AMSA’s SSO Workgroup used Survey information to identify the factors considered and the processes used by utilities to make capacity-related decisions in construction and rehabilitation of their collection systems and to develop a matrix of this information to illustrate the decision-making process. The intent of the Matrix and accompanying narrative is to educate key EPA policy-makers on capacity-setting methodologies to support an eventual SSO Rule and to serve as a tool for AMSA members to use when discussing capacity issues with permitting authorities or when responding to enforcement actions. The Matrix and additional information regarding its use will be distributed to the membership via a forthcoming Regulatory Alert.

AMSA Steps Up Advocacy Efforts for Reasonable Blending Guidance
In a recent meeting with EPA’s Assistant Administrator for Water, G. Tracy Mehan, III, it was made clear that the Office of Water is continuing to work to release a national blending guidance as soon as possible and remains committed to ensuring blending as a viable practice for treating peak excess flows. The guidance has been delayed due to intra-agency discussions and, as such, has not yet been sent to the Office of Management and Budget (OMB) for review. Mehan also indicated at AMSA’s July Conference that the change in Administration at EPA should not significantly delay the guidance’s release. AMSA continues to advocate that a national blending policy should state that blending is not a bypass as defined by 40 CFR §122.41(m), as long as POTWs meet appropriate conditions, and that permitting agencies should be authorized to incorporate blending as an “alternative flow routing scenario” in permits. AMSA will continue to discuss the issue with the Agency and will alert the membership as more information becomes available.

AMSA Details Concerns with Data EPA Is Likely to Use in its CSO/SSO Report to Congress
On August 21, 2003, AMSA sent a letter to EPA’s Assistant Administrator for Water, G. Tracy Mehan III, outlining the Association’s concerns with the quality of some of the data that were presented at recent stakeholder meetings and the manner in which these data may be presented in the Agency’s forthcoming 2003 Report to Congress on the Impacts and Control of Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs), which must be submitted by December. Among the concerns highlighted in the letter were the limited data linking CSOs and SSOs to human health impacts, the lack of any discussion on the relative risk of CSOs and SSOs when compared to other potential causes of waterborne illness, and errors found in key data sets. The letter maybe found on AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-08-21RTC.pdf.