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To: Members & Affiliates
From: National Office
Date: December 2000 / January 2001

The National Office is pleased to provide you with the December 2000/January 2001 Regulatory Update. This Update provides an overview of relevant regulatory issues current to January 12, 2001. A narrative summary of activities or actions that have occurred during the past month is provided in this cover, while attached is a Regulatory Digest summary of all regulatory activities that are currently being tracked by AMSA.

 

Governor Christine Todd-Whitman Nominated to Become Next EPA Administrator
On December 22, 2000, President-elect Bush nominated New Jersey Governor Christine Todd Whitman to become the next Administrator of the U.S. Environmental Protection Agency. AMSA has already been in touch with Governor Whitman’s Office to congratulate her on her nomination and to offer AMSA’s support and cooperation with her transition and new administration.

In New Jersey, Whitman’s administration has taken several actions to modify the State’s water quality regulations over the past year. In July 2000, the New Jersey Department of Environmental Protection (DEP) proposed new water quality and watershed management regulations that establish a process for integrating surface and ground water quality standards and assessments, antidegradation, TMDLs, and water quality maintenance in wastewater and watershed management planning. The proposed rule has been characterized as a "smart-growth initiative" which is designed to ensure that growth beyond the urban boundary is evaluated for water resource impacts and to ensure that water quality goals are met.

Also, in December 2000, the New Jersey DEP proposed amendments to its surface water quality standards which included amendments to: the state’s antidegradation review requirements, the establishment of regulatory mixing zones, revised stream classifications, the regulation of arsenic for existing discharges, and a metal translator provision for expressing water quality based effluent limitations in total recoverable form. Some concern has been expressed by municipal representatives in New Jersey regarding this rule and the proposed loading cap for all point and nonpoint source dischargers, regardless of waterbody status. As part of the proposed antidegradation review process, the DEP is proposing to maintain the loadings contained in current permits, even at a requested higher flows, unless a municipality can provide an in-depth demonstration that there is no reasonable alternative to the discharge. In the development of the proposed rules, Governor Whitman has encouraged input from a wide variety of stakeholder views. AMSA is looking forward to building on our cooperative efforts with EPA in the future. Governor Whitman’s confirmation hearing is scheduled for January 17, 2001.

 

EPA Administrator Browner Signs SSO Proposed Rule
On January 5, EPA Administrator Carol Browner signed the sanitary sewer overflow (SSO) proposed rule clearing the regulation for Federal Register publication by mid-January. A nine-month White House Office of Management & Budget (OMB) review and nagging Department of Justice (DOJ) concerns significantly delayed the rule’s release, which was originally slated for summer 2000. Review of the full proposal, currently underway within AMSA will provide important insight into how the concerns of OMB and DOJ were resolved.

A copy of the pre-publication version of the proposed rule will be distributed to the membership via forthcoming Regulatory Alert RA 01-2 and is currently posted on the AMSA website at http://www.amsa-cleanwater.org/private/index.cfm. EPA has asked the Government Printing Office to expedite printing the notice, but given GPO’s current backlog and the length of the notice, EPA expects it to take 2 or 3 weeks until the notice is published in the Federal Register. The notice calls for a 120 day comment period, starting on the day it is published in the Federal Register.

An EPA fact sheet is posted on both AMSA’s and EPA’s web site, www.epa.gov/ow/sso.cfml and highlights the following proposed requirements: Capacity Assurance, Management, Operation & Maintenance Programs; Public Notification; Prohibition of Overflows; and Satellite System Permitting. AMSA’s Wet Weather Committee and SSO Workgroup will lead AMSA’s review of the proposal. At the Association’s Winter Conference in San Diego, Jan. 30 - Feb. 2, the Committee and Workgroup will meet to discuss the proposal in-depth. EPA Office of Wastewater Management staff have been invited to attend the Wet Weather Issues Committee meeting to discuss the rule directly with AMSA members.

 

Proposed MP&M Rule Published in Federal Register
On January 3, EPA published proposed effluent guidelines for the Metal Products & Machinery (MP&M) sector. The MP&M proposed regulation would establish technology-based effluent limitations and pretreatment standards for wastewater discharges for new and existing facilities that manufacture, rebuild, or maintain finished metal products, parts, or machines in one of the following industrial sectors: Aerospace; Aircraft; Bus and Truck; Electronic Equipment; Hardware; Household Equipment; Instruments; Job Shops; Mobile Industrial Equipment; Motor Vehicle; Office Machine; Ordnance; Precious Metals and Jewelry; Printed Wiring Boards; Railroad; Ships and Boats; Stationary Industrial Equipment; and Miscellaneous Metal Products.

This proposal divides the MP&M industrial category into the following eight subcategories: General Metals; Metal Finishing Job Shops; Printed Wiring Boards; Non-Chromium Anodizing; Steel Forming and Finishing; Oily Wastes; Railroad Line Maintenance; and Shipbuilding Dry Docks. The proposed regulation establishes effluent limitations for direct dischargers for all 8 subcategories and establishes pretreatment standards for indirect dischargers for five of the eight subcategories. EPA is not proposing pretreatment standards for the Non-Chromium Anodizing, the Railroad Line Maintenance, and the Shipbuilding Dry Dock subcategories based on the low levels of pollutants discharged by the facilities in these subcategories. Further, wastewater discharges from facilities in these subcategories do not cause biological inhibition or sludge contamination at POTWs.

The proposed regulation covers 10,000 facilities, and controls nearly 20 pollutants discharged from these facilities. EPA estimates that the rule will reduce the discharge of conventional pollutants by at least 115 million pounds per year, priority pollutants by 12 million pounds per year, and nonconventional metal and organic pollutants by 43 million pounds per year. EPA estimates the annualized cost of this rule is $1.9 billion, and the value of annual benefits is $0.7 billion.

EPA is conducting a public meetings (9:00 am - 12:00 pm) and hearings on the pretreatment standards (1:00 pm - 4:00 pm) for the proposed rule on each of the following dates: February 6, 2001 in Oakland, CA; February 13, 2001 in Dallas, TX; and February 22, 2001 in Washington, DC. The meeting in Oakland will be held at the Oakland Marriott, City Center, 1001 Broadway, Oakland, CA 96607. The meeting in Dallas, TX will be held in the Oklahoma and Texas rooms at the Region VI Office, 1445 Ross Avenue, Dallas, TX. The meeting in Washington, DC will be held in EPA's Auditorium, Waterside Mall, 401 M Street, SW, Washington, DC. The Federal Register notice and supporting development documents describing this rule are available on the Internet at the following address: http://www.epa.gov/ost/guide/mpm. For additional information, contact Michael Ebner at (202) 260-5397 or Shari Barash at (202) 260-7130.

AMSA plans to distribute the full proposal via forthcoming Regulatory Alert. The Alert will also contain a member survey to determine the rule’s impact upon the nation’s POTWs. AMSA’s Pretreatment & Hazardous Waste Committee has noted that many of the facilities covered by the proposal are currently regulated by local limits and have questioned the rule’s environmental benefits. For more information contact Mark Hoeke, AMSA 202/833-9106, or mhoeke@amsa-cleanwater.org.

 

EPA Publishes Proposed Revisions to Iron & Steel Effluent Guidelines
On December 27, 2000 EPA published proposed revisions to technology-based effluent limitations guidelines and standards for wastewater discharges associated with the operation of new and existing iron and steel facilities. The proposal covers sites that generate wastewater while performing the following industrial activities: metallurgical cokemaking, ironmaking, integrated steelmaking, non-integrated steelmaking, hot forming, steel finishing including electroplating, and other operations including direct iron reduction, briquetting, and forging. EPA estimates that compliance with this regulation, as proposed, would reduce the discharge of priority and non-conventional pollutants by at least 210 million pounds per year and would cost an estimated $56.5 million to $61.4 million. EPA is providing a 60-day comment period on the proposal, and is conducting a public hearing on February 20, 2001 in Washington, DC. AMSA’s Pretreatment and Hazardous Waste Committee is currently preparing comments on the proposal. Comments are due to EPA by February 26, 2001. For a copy of the proposal, see http://www.access.gpo.gov/su_docs/fedreg/a001227c.cfml or http://www.epa.gov/OST/ironsteel/. For technical information concerning the proposed rule, contact George M. Jett at 202/260-7151.

 

EPA Publishes Methylmercury Criteria
On January 8, EPA announced the availability of its recommended water quality criterion for methylmercury. The water quality criterion describes the concentration of methylmercury in freshwater and estuarine fish and shellfish tissue (0.3 mg methylmercury/kg fish) that should not be exceeded to protect consumers of fish and shellfish among the general population. EPA expects the criterion recommendation to be used as guidance by States in establishing or updating water quality standards and in issuing fish and shellfish consumption advisories.

This is the first time EPA has issued a water quality criterion expressed as a fish and shellfish tissue value rather than as a water column value. EPA indicates that this approach is a direct consequence of its findings that consumption of contaminated fish and shellfish is the primary human route of exposure to methylmercury. EPA recognizes that this approach differs from traditional water column criteria, and will pose implementation challenges. In the notice, EPA is providing suggested approaches for relating the fish and shellfish tissue criterion to concentrations of methylmercury in the water column. These approaches include the use of site-specific bioaccumulation factors (BAFs), use of a bioaccumulation model, or empirically derived BAFs. EPA also plans to develop more detailed guidance to assist States and Tribes with implementation of the methylmercury criterion in water quality standards and related programs. EPA believes that flexibility will be needed when designing control programs to meet this water quality criterion because mercury is highly persistent in the environment and because air deposition is the primary source of mercury for many waterbodies.

On December 14, AMSA’s Mercury Workgroup submitted concerns on the draft reference dose document for methylmercury on which the new criteria is based. Preliminary analysis of the document showed that new water quality criteria for mercury could be 4.8 ng/l for lakes and reservoirs and 8.9 ng/l for rivers and streams. For a complete copy of AMSA’s comments, see http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm.

 

AMSA Opposes Chlorine Gas Reclassification
On December 15, AMSA submitted comments to EPA on its September 18, 2000 notice of intent to reclassify the use of chlorine gas for water and sewage treatment as a "restricted use" under federal pesticide labeling and application regulations. Upon review of the September 18 notice, AMSA had several concerns and comments with EPA’s proposal. While AMSA members fully agree that adequate training and safety procedures are critical to ensure the safe handling and application of chlorine gas, AMSA opposed the proposed action by EPA to reclassify chlorine gas use for the following reasons:

  • The reclassification of chlorine gas would result in duplicative training and certification requirements for wastewater treatment operators and would not result in additional improvements in the safe handling and application of chlorine gas.
  • Regulation of chlorine gas as a pesticide for water and wastewater treatment is not consistent with traditional pesticidal applications and will create a public perception problem with regards to the application of a "pesticide" to municipal drinking water supplies and POTW effluents.
  • The data and reasoning for reclassifying chlorine gas as a restricted use was inadequate to justify the change and will unnecessarily and arbitrarily shift a resource burden from the manufacturing sector to the public sector, without any significant benefits.

EPA’s September 18 reclassification of chlorine gas use would allow only certified and trained applicators to use chlorine gas. POTW plant operators using chlorine gas would be required to receive additional training as "certified applicators." Restricted use pesticides may be applied only by or under the direct supervision of specially trained and certified applicators. A copy of the September 18 Federal Register notice was distributed via Regulatory Alert RA 00-20. AMSA estimated that up to 4,000 wastewater facilities could be affected by the proposal. AMSA plans to meet with EPA in early 2001 to discuss the Association’s comments. A final rule is expected in spring 2001. A complete copy of the AMSA comments can be viewed at http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm.

 

EPA Publishes Ecoregional Nutrient Criteria
On January 9, EPA published national nutrient criteria for seventeen ecoregions across the country - criteria for eight ecoregions for lakes and reservoirs; eight ecoregions for rivers and streams; and one ecoregion for wetlands. EPA expects these recommended criteria will be used to support the development of more localized, waterbody specific state and tribal nutrient criteria. States and tribes are expected to adopt or revise ecoregional nutrient criteria that are published in 2001 into water quality standards by 2004. This is the first time EPA has issued regional specific nutrient criteria.

EPA states that the recommended ecoregional nutrient criteria are intended to "identify baseline conditions of surface waters that are minimally impacted by human activities and protect against the adverse effects of nutrient over enrichment from cultural eutrophication." AMSA has repeatedly expressed concerns that EPA’s nutrient criteria development approach has not been directly related to effects or impairment of uses. EPA’s nutrient criteria are numerical values for both causative (phosphorus and nitrogen) and response (chlorophyll a and turbidity) variables that were developed through statistical distributions of existing stream data, and not by distinguishing between nutrient enrichment and impairment.

A Notice of Availability will be published in the Federal Register to provide the public with the opportunity to provide scientific views on the criteria documents. EPA will develop ecoregional nutrient criteria documents for lakes and reservoirs, rivers and streams, and wetlands for the remaining ecoregions, as well as estuarine and coastal waters in the future.

For more information on the nutrient criteria, visit EPA’s nutrient criteria web site at: http://www.epa.gov/ost/standards/nutrient.cfml. Also listed on the web site is a map of the nutrient ecoregions and guidance manuals used to develop nutrient water quality criteria for lakes and reservoirs and rivers and streams. A copy of the ecoregional specific criteria can be obtained from the U.S. National Service Center for Environmental Publications (NSCEP), 11029 Kenwood Road, Cincinnati, OH 45242 or 513/ 489-8190 or toll free 800/490-9198.

 

AMSA Comments on Draft EPA TMDL Listing & Assessment Guidance
On December 14, AMSA submitted comments to EPA on a draft outline of Consolidated Assessment and Listing Methodology (CALM) guidance. AMSA’s comments emphasized the need for accurate information on water quality and supported EPA’s development of the CALM document as a means of assuring that state 305(b) assessments and 303(d) listings decisions are based on sound data quality and monitoring protocols.

AMSA pointed out several key areas that should be detailed in the guidance, including: 1) the use of monitored vs. evaluated data (i.e., waters defined as impaired using probabalistic data are more appropriately listed under 305(b) and can be targeted for more monitoring); 2) using section 305(b) reporting procedures for waters with insufficient information; 3) minimum standards for section 303(d) listing determinations; 4) use of state-adopted water quality standards in 303(d) listing decisions; and, 5) voluntary exchange of effluent data for instream monitoring. For a complete copy of AMSA’s comments, see http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm. EPA expects to issue a final guidance in May 2001.

 

AMSA Survey Shows Mixing Zones Critical to Water Quality
On November 2, 2000, the U.S. Environmental Protection Agency (EPA) issued final regulations banning the use of "mixing zones" in the Great Lakes for bioaccumulative chemicals of concern (BCCs) such as mercury, dioxin and PCBs. Five of the eight Great Lakes States already have mixing zone bans in place. The remaining three states have 18 months to adopt these provisions. In addition, EPA also announced its intension to propose a national rule restricting the use of mixing zones in all states by mid 2001.

Following the announcement, AMSA distributed via Regulatory Alert 00-21 a survey to determine the potential impact of nationwide mixing zone regulations. Although the survey was only a straw poll of the issues, AMSA members responses were conclusive. A national ban on mixing zones would significantly impact POTWs. Of the members that responded to the survey, 58% currently have mixing zones in their NPDES permits. Of that 58%, 80% responded that mixing zones are critical to their ability to meet water quality standards and that it would be extremely difficult to meet standards at end-of-pipe if the use of mixing zones are restricted. Many respondents were uncertain of the impact that a ban on mixing zones would have on compliance because the current detection limits for some pollutants are not sensitive enough to gauge compliance at end-of-pipe. (An example of this has already happened in the Great Lakes Region before the EPA promulgated method 1631 with the low detection limits for mercury. Virtually all POTWs will have major problems trying to comply with the Great Lakes mercury criterion of 1.3 ppt. It is unknown whether similar situations will be revealed in the future as a result of improved analytical tools).

AMSA will continue to work with EPA and the new Administration to ensure that the Agency’s planned national mixing zone regulations will not adversely effect POTWs. For further information please contact Greg Schaner, AMSA, 202/296-9836 or gschaner@amsa-cleanwater.org.

 

AMSA Comments on Draft Method 1631 Guidance
On December 12, AMSA submitted comments on EPA’s draft Guidance for Implementation and Use of EPA Method 1631 document published in October 2000. AMSA’s comments acknowledge that improvements have been made in the method, though cite concern that the number of laboratories proficient in using the method is severely limited. AMSA provided EPA with a list of several areas in which the draft method guidance could be revised to provide further clarification on issues that are still vague and confusing. A complete copy of AMSA’s comments can be found at http://www.amsa-cleanwater.org/private/legreg/ outreach/outreach.cfm.

 

EPA Releases Draft CSO Water Quality Standards Guidance
On January 3, 2001 EPA published a draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for a 60-day public comment period. The 60-day comment period ends on March 5, 2001. The document is intended to guide States and EPA Regions on how to integrate combined sewer overflow (CSO) planning within the process for reviewing and revising water quality standards to address CSO receiving waters. Copies of the draft guidance document, EPA’s summary letter and fact sheet were distributed to the AMSA membership via Regulatory Alert RA 01-1. AMSA has requested feedback on this draft guidance by January 25.

The guidance document was required by Congress in the FY 1999 Appropriations process (House Report 105-769). As a result of the recent Wet Weather Water Quality Act of 2000 passed by Congress in December 2000, (see 12/19/00 AMSA Special Addition FAXAlert)EPA is now required to issue final guidance by December 31, 2001. Through this guidance, EPA hopes to "lay a strong foundation for integrating CSO long-term control planning with water quality standards reviews." One of the hallmarks of the CSO Control Policy is the review and revision, as appropriate, of water quality standards and their implementation procedures when developing CSO Long Term Control Plans (LTCP) to reflect the site-specific wet weather impacts of CSOs.

 

EPA Publishes Final Centralized Waste Treatment Effluent Guidelines
On December 22, EPA published final effluent limitations guidelines and standards for wastewater discharges from the centralized waste treatment (CWT) industry. This final regulation generally applies to wastewater discharges associated with the operation of new and existing centralized waste treatment facilities which accept hazardous or non-hazardous industrial wastes, wastewater, and/or used material from off-site for treatment of the wastes and/or recovery of materials from the wastes. The final rule also amends EPA's Guidelines Establishing Test Procedures for the Analysis of Pollutants (40 CFR Part 136) to add 10 semivolatile organic pollutants to Method 625 and 6 semivolatile organic pollutants to Method 1625.

On January 27, 1995, EPA originally proposed effluent guidelines for CWT facilities. The 1995 proposal applied to an estimated 85 facilities in three subcategories: metal-bearing waste treatment and recovery, oily waste treatment and recovery, and organic waste treatment and recovery. On January 13, 1999 EPA published a supplemental proposal that represented the Agency's second attempt at proposing effluent guidelines for CWTs. The supplemental proposal presented revised limitations and standards based on the new information obtained from comments to a 1996 Notice of Data Availability and additional field sampling data.

The final regulation contains four subcategories: 1) metal-bearing waste treatment and recovery; 2) oily waste treatment and recovery; 3) organic waste treatment and recovery, and; 4) a multiple wastestream subcategory. While POTWs receive significant volumes of trucked industrial and commercial wastes, they are not considered CWTs under the final rule. The rule will become effective January 22, 2001. Existing indirect dischargers subject to the regulations must comply with the pretreatment standards for existing sources no later than December 22, 2003. New direct and indirect discharging sources must comply with applicable guidelines and standards on the date the new sources begin discharging. For technical information concerning the final rule, contact Jan Matuszko at 202/260-9126 or Tim Connor 202/260-3164. For a copy of the final rule see http://www.epa.gov/OST/guide/cwti.cfml.

 

Browner Signs Proposed Effluent Guidelines For Concentrated Animal Feedlots
On December 15, 2000 EPA Administrator Carol Browner signed proposed technology-based effluent limitations guidelines and standards for wastewater discharges associated with the operation of new and existing concentrated animal feeding operations (CAFOs). The new requirements would apply to as many as 39,000 CAFOs across the country. Currently, only an estimated 2,500 large and small livestock operations have enforceable permits under the Clean Water Act. A CAFO is currently defined as having 1,000 or more cattle or comparable "animal units" of other livestock. Smaller operations may also be CAFOs if they are a threat to water quality. EPA is co-proposing two options for a new CAFO definition. One proposed definition could include livestock facilities with more than 500 cattle or other animal units. The other proposal would require operations with 300 to 1,000 cattle to have a permit if it met certain risk-based conditions.

In addition to stricter permitting requirements, the proposal includes several new strict controls: 1) poultry, veal, and swine operations would be required to prevent all discharges from their waste storage pits and lagoons where wastes are collected; 2) the proposal eliminates potential exemptions from permits presently used in some states; as a result, EPA expects that all large livestock operations will now have to acquire permits; 3) under this proposal, EPA and the states will issue co-permits for corporations and contract growers to ensure financial resources exist to meet environmental requirements; and, 4) the spreading of manure on the land owned by livestock facilities would be limited to protect water ways.

EPA will take public comment for 120 days once it is published in the Federal Register and will hold public meetings around the country on the proposal. Additional information is available on EPA's Office of Water web site at: http://www.epa.gov/owm/afo.cfm or contact Jan Goodwin, EPA at 202/260-7152.

 

24th Annual Conference on Analysis of Pollutants in the Environment
The 24th Annual Conference on Analysis of Pollutants in the Environment, better known as the "Norfolk Conference" will be held this year on May 8 - 10, 2001 in Portsmouth, Virginia. Co-sponsored this year by EPA and Battelle, the Norfolk Conference is specifically designed for environmental professionals from commercial environmental laboratories, regulated industries, state and federal regulatory agencies, consulting and contracting firms, municipal water and wastewater laboratories, and laboratory equipment manufacturers. Participants will discuss: trace metal sample collection and analysis, new methods for protozoa in wastewater, analysis of organic pollutants, whole-effluent toxicity testing, and alternate approaches to detection and quantitation.

Representatives from EPA’s Office of Water will talk about recent developments in analytical technology that can be used by laboratories. Independent laboratory experts and federal and state regulatory personnel in the environmental measurements field will also be available to answer questions. For further information, contact Marion Kelly in EPA’s Office of Science & Technology at 202/260-7117 or sending an e-mail to kelly.marion@epa.gov.

 

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