Member Pipeline - Regulatory - December 2003/January 2004 Regulatory Update
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| To: | Members & Affiliates, Regulatory Policy Committee, Legal Affairs Committee |
| From: | National Office |
| Date: | January 15, 2004 |
Printer friendly versionThe National Office of the Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the December 2003/January 2004 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to January 15, 2004. Unless another contact person is specifically listed, call Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or email him at chornback@amsa-cleanwater.org with any questions or input you have concerning the Update topics.
AMSA Conferences
Don’t Miss Your Chance to Attend AMSA’s Winter
Conference in Los Angeles, California
Register now for AMSA’s Winter Conference, From Crisis to
Opportunity… Strengthening Your Utility’s Assets, to be held in Los Angeles,
Calif., February 3-6, 2004. This year’s Winter Conference will focus on many of
the issues faced by today’s utility management, which, without action, could
become crises. The conference will identify ways in which these issues can
become opportunities to improve and strengthen particular utility assets. Look
for discussions on Strengthening Your Workforce, including generational
and changing workforce issues, and succession planning; Strengthening Your
Facilities, including issues related to security, and infrastructure; and
Strengthening Your Relationships, including a number of communication issues
and strategies focusing on both internal and external communication. For hotel
information and to register for AMSA’s 2004 Winter Conference, please visit the
Association’s website at
http://www.amsa-cleanwater.org/meetings/04winter/.
Biosolids
AMSA’s Comments Reflected in Final Agency Response to
Research Council’s Biosolids Report
On December 31, 2003, the U.S. Environmental Protection Agency
(EPA) issued its Final Agency Response to the National Research Council
Report on Biosolids Applied to Land and the Results of EPA's Review of Existing
Sewage Sludge Regulations (68 Fed. Reg. 75531). In a show of support
for the continued practice of the land application of biosolids, EPA’s response
reiterated that the land application of biosolids in compliance with Part 503 is
an appropriate biosolids management option for communities. EPA’s letter to the
CDC is available at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-12-23EPACDC.pdf.
EPA’s review of the existing biosolids regulations, based on a screening
assessment of chemical pollutants for which EPA had adequate data, as well as
concentration data in biosolids for those pollutants, identified 15 pollutants
for further investigation. As required by the Clean Water Act, these pollutants
will undergo a more refined risk assessment and risk characterization which may
lead to a notice of proposed rulemaking. EPA also sent the Centers for Disease
Control and Prevention a letter on December 23, 2003, seeking their help in
conducting human health incident reporting, tracking, and follow-up
investigations to help further reduce any uncertainties related to human health
claims linked to land applied biosolids, one of the National Research Council’s
(NRC) major recommendations. EPA’s response to the NRC is in line with AMSA’s
comments filed on EPA’s draft response to the NRC Report on July 8, 2003, which
can be found on the Association’s website at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-07-08cmts.pdf.
For more information on EPA’s final response please see AMSA’s
Regulatory Alert 04-02
available at
http://www.amsa-cleanwater.org/private/regalerts/ra04-02.cfm. AMSA will
discuss next steps on these issues further at its February Winter Conference
during the Biosolids Management Committee meeting.
AMSA Applauds EPA’s Denial of the Food Safety Petition
to Ban Land Application of Biosolids
Also on December 31, 2003, EPA denied an October 7, 2003 Center
for Food Safety (CFS) petition, which called for an immediate moratorium on the
land application of biosolids, along with rule making to eliminate land
application as a permitted practice. The Agency, in examining the information
provided in the petition, found that there was “no evidence to substantiate the
claims…concerning land-applied sewage sludge.” EPA based its decision on the
fact that the petition does “not present scientifically-based evidence or
documentation that links the land application of sewage sludge or chemical
pollutants allegedly contained in sewage sludge to human health and
environmental impacts.” This decision came after AMSA led an effort to organize
a coalition of biosolids stakeholders that included, among more than a dozen
others, the United States Conference of Mayors, National League of Cities, and
the Water Environment Federation, which sent a joint letter on October 24 to
EPA’s Acting Administrator, Marianne Horinko, urging the Agency to deny the CFS
petition. The coalition letter can be found on AMSA’s website at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-10-24resp.pdf.
EPA’s denial of the CFS petition is at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-12-31petition.pdf.
Pretreatment
AMSA and Industry Efforts Result in Centralized Waste
Treatment Guideline Changes
On December 22, 2003, EPA published a final rule which revised
the Effluent Limitations Guidelines, Pretreatment Standards, and New Source
Performance Standards for the Centralized Waste Treatment Point Source Category
(CWT ELG) (68 Fed. Reg. 71014, found at
http://www.epa.gov/fedrgstr/EPA-WATER/2003/December/Day-22/w31346.htm).
The final rule deleted numerous metals from various subcategories of the CWT
point source category, including the selenium limitations and standards from the
Metals Treatment and Recovery subcategory, the barium, molybdenum, antimony, and
titanium limitations and standards from the Oils Treatment and Recovery
subcategory, and finally the molybdenum, antimony, aniline, and
2,3-dichloroaniline limitations and standards from the Organics Treatment and
Recovery subcategory. AMSA had met with the Agency in August 2003 to urge them
to remove the molybdenum limits from the Organics subcategory in addition to the
other potential changes the Agency was considering. AMSA also submitted comments
to the Agency on October 10, 2003, noting that molybdenum and other metals
cannot be effectively removed by the biological treatment process, the process
on which EPA based its limitations for the organic subcategory. The Association
cited the unnecessary financial burden that would be associated with monitoring
and enforcing these limits for POTWs. The Agency’s final rule was in line with
AMSA comments, which can be found at
http://www.amsa-cleanwater.org/advocacy/comments/2003-10-10CWTComments.pdf.
For more information, please contact AMSA’s Regulatory Analyst, Will Pettit, at
202/833-3280 or
wpettit@amsa-cleanwater.org.
AMSA to Provide Comments on EPA’s Draft Effluent
Guideline Plan for 2004/2005
On December 31, 2003, EPA published its Preliminary Effluent
Guidelines Program Plan for 2004/2005 (ELG Plan) (68 Fed. Reg.
75515). At the same time, the Agency presented the results of its annual review
of all ELGs that have been promulgated under section 304(b) of the Clean Water
Act and solicited comments on the analytical framework used to conduct the
annual review. The Agency is required in its ELG Plan to identify
categories of sources discharging toxic or non-conventional pollutants for which
EPA has not promulgated ELGs. From that list, the Agency identified no new
candidates for ELG rulemaking in the latest ELG Plan. EPA’s 2003 annual
review identified two industrial categories that the Agency plans to investigate
more fully. EPA plans to perform detailed analyses of technology innovations and
process changes, and potential revisions to existing ELGs, in the Organic
Chemicals, Plastics, and Synthetic Fibers, and Petroleum Refining industrial
categories during its 2004 annual review.
To learn more about the ELG Plan and accompanying notices, and to provide comments, please see AMSA’s Regulatory Alert 04-01 at http://www.amsa-cleanwater.org/private/regalerts/ra04-01.cfm. EPA is accepting comments on the notice through February 17, 2004. The Agency will also host a public meeting in Washington, D.C. on January 28, 2004 from 9am to 12pm to discuss the ELG Plan with stakeholders. AMSA will participate in this meeting and interested AMSA member agency representatives should also attend. To facilitate the Association’s comment effort, AMSA asks members to provide input by February 10, 2004. Please direct any comments or questions to Will Pettit, AMSA’s Regulatory Analyst, at 202/833-3280 or wpettit@amsa-cleanwater.org.
Water Quality
New EPA Administrator’s 500 Day Plan Silent on Several
Key Water Rules
In early December 2003, draft versions of EPA Administrator Mike Leavitt’s
500 Day Plan surfaced with no mention of several contentious water rules. Most
notably, the plan left out any discussion of the Agency’s plan to clarify its
jurisdiction under the Clean Water Act following the Supreme Court’s ruling in
Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps
of Engineers, and EPA’s ongoing effort to propose its Watershed/Total
Maximum Daily Load Rule. The decision in the SWANCC case was thought to narrow
federal jurisdiction over isolated waterbodies, or wetlands, but, as Leavitt’s
plan foreshadowed, the rulemaking effort initiated in January 2003 was dropped
on December 16, 2003 by EPA and the U.S. Army Corps of Engineers. Instead,
Leavitt’s draft plan promises to gain one million acres of wetlands, but gives
no timetable.
The plan also makes no mention of the Agency’s Watershed Rule. As AMSA has noted, the rule is still undergoing informal review at the Office of Management and Budget. Its absence in Leavitt’s plan may suggest that EPA’s proposal of the rule may be on hold until after the November elections. AMSA will provide members with updates on the Watershed Rule as developments occur.
EPA Releases Updated Water Quality Criteria on Fifteen
Pollutants, Two Aquatic Life Criteria
On December 31, 2003, the Agency published three separate notices
regarding new or revised water quality criteria. EPA released updated national
water quality criteria for the protection of human health for fifteen
pollutants: chlorobenzene; cyanide; 1,2-dichlorobenzene; 1,4-dichlorobenzene;
1,1-dichloroethylene; 1,3-dichloropropene; endrin; ethylbenzene;
hexachlorocyclopentadiene; lindane; thallium; toluene;
1,2-transdichloroethylene; 1,2,4-trichlorobenzene; and vinyl chloride (68
Fed. Reg. 75507). These updated criteria are based on EPA’s 2000
methodology, and replace previous water quality criteria. The criteria can be
found at
http://www.epa.gov/fedrgstr/EPA-WATER/2003/December/Day-31/w32211.htm.
Additionally, EPA is seeking scientific input on draft aquatic life criteria
documents for diazinon and copper. Comments are due by March 30, 2004 on the
diazinon criteria, which can be found at
http://www.epa.gov/waterscience/criteria/diazinon/draft-doc.pdf.
The Agency is seeking scientific input on the updated aquatic life criteria for copper by March 1, 2004. In addition to incorporating new data to update the criteria, the biotic ligand model (BLM) was used for the first time in the criteria derivation procedures. AMSA will discuss the copper criteria in more detail at its upcoming Winter Conference during the Water Quality Committee meeting to develop an Association response and provide input into EPA’s initiative. The draft copper criteria can be found at http://www.epa.gov/waterscience/criteria/copper/pdf/master.pdf.
Wet Weather
AMSA Members Eligible for 104(b)(3) Grants for Wet
Weather and Other Projects
On December 18, 2003, EPA announced the availability of federal assistance
for water quality cooperative agreements under Section 104(b)(3) of the Clean
Water Act (68 Fed. Reg. 70502). The notice requests initial proposals from
states, tribes, local governments, universities, nonprofits, and other eligible
entities for federal assistance for water projects that address requirements of
the national pollutant discharge elimination system program, with special
emphasis on storm water, combined sewer overflows, sanitary sewer overflows,
concentrated animal feeding operations, and projects that help the regulated
community deal with nontraditional pollution problems in priority watersheds.
The Agency intends to award an estimated $3.5 million in agreements, ranging in
size from $10,000 to $500,000. EPA also intends to make at least $200,000
available per year from fiscal year 2004 through 2005 for projects that address
cooling water intake issues. Initial proposals are due to EPA by February 17,
2004. The Agency contact, Barry Benroth, can be reached at 202/564-0672. AMSA
encourages the membership to apply for these cooperative agreements and other
EPA funding sources that are detailed at
http://www.epa.gov/water/funding.html.
AMSA Continues to Push for Blending Guidance, Comment
Deadline Extended on Draft Policy
On November 7, 2003, EPA released for public comment its draft
blending policy (68 Fed. Reg. 63042) which provides a proposed
interpretation of the bypass provision (40 CFR 122.41(m)) as it applies to
alternate wet weather treatment scenarios at POTWs that use blending. EPA’s
proposal clarifies that blending is not a prohibited bypass and can be
authorized in a National Pollutant Discharge Elimination System (NPDES) permit
if six key “principles” are followed. The policy’s main substance — the six
principles — and a number of other specific issues on which EPA is seeking
comment are detailed in Regulatory
Alert 03-14 found on AMSA’s Correspondence & Outreach website at
http://www.amsa-cleanwater.org/private/regalerts/ra03-14.cfm.
To show support of the proposed blending policy, AMSA filed comments with the Agency on January 9, 2004. These comments are available on the Association’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-01-09BlendingComments.doc. The Association urges members to submit comments supporting EPA’s blending policy by the extended February 9, 2004 deadline. Activist organizations have already filed thousands of comments, so this effort is critical in terms of both comment quality and quantity. Member agencies can use the Association’s comments in whole or in part, cutting and pasting from the Microsoft Word document found at the link above. To submit comments on EPA’s blending policy simply send an e-mail to OW-Docket@epa.gov and insert the docket number, OW-2003-0025, in the subject line. For further comment submittal instructions, see the Agency’s Federal Register notice at http://www.epa.gov/npdes/regulations/blending_fr_notice.pdf.
Blending Becomes an Issue on Capitol Hill, AMSA Seeks
Congressional Support
The blending guidance has also become a topic of significant
attention on Capitol Hill. Activist groups, led by the Natural Resources Defense
Council, sent a letter on January 12, 2004, (http://www.amsa-cleanwater.org/private/legreg/outreach/2003-12-18anit-blendingletter.pdf)
with the signatures of 64 House members favoring a prohibition of the practice
of blending. To counter this effort, AMSA has scheduled dozens of meetings in
the next two weeks with high ranking members of Congress, including various
signatories to the Pallone letter, to express the importance of the policy and
to clarify erroneous information provided by these activist groups, and began a
congressional letter on behalf of blending. AMSA also strongly urges Association
members to contact their Members of Congress and EPA officials on this critical
issue as soon as possible.
AMSA efforts have not gone unnoticed. The leaders of House Transportation and Infrastructure Committee sent a letter to EPA Administrator, Mike Leavitt, supporting the policy “as an important step towards a reasonable and protective means for addressing peak wet weather flows at POTWs. The final policy should clarify that, as long as existing regulatory requirements and NPDES permit limits are met, blending constitutes an environmentally safe practice.” The House letter can be found at http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-07Blending_letter.pdf.
AMSA Organizes Coalition of Over 20 Municipal Groups in
Support of Blending
AMSA has also developed a municipal coalition letter in support
of blending, which was sent to Leavitt and Capitol Hill on January 14, 2004. The
National League of Cities, the National Association of Counties and over 20
other regional and national groups have already lent their support, with
additional groups expected to sign on soon. The coalition letter is available at
AMSA’s Regulatory Correspondence & Outreach website at
http://www.amsa-cleanwater.org/private/reg_outreach.cfm. Through these
numerous efforts, AMSA intends to ensure the broadest possible support for the
blending policy and its ultimate finalization.
EPA’s CSO/SSO Report to Congress Delayed, AMSA to Draft
Strong Response
AMSA has learned that the Agency did not meet its court ordered
deadline of December 15, 2003 for delivering its Report to Congress on combined
sewer overflows (CSOs) and sanitary sewer overflows (SSOs). Evidently, the
report was reworked due in part to the concerns AMSA raised in its August 21,
2003 letter on the stakeholder meetings, found at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-08-21RTC.pdf,
resulting in the delay. The revised report was expected to be sent to the Office
of Management and Budget by January 1, 2004 and the final report should be sent
to Congress in February or March. AMSA continues its efforts to draft a response
report to EPA’s Report to Congress and will discuss these issues further during
its Winter Conference at the Wet Weather Issues Committee meeting in February.
EPA Staffing
AMSA Tracks Numerous Staff Changes at EPA Headquarters
In the last months, EPA has undergone several major staff changes,
starting with the resignation of Administrator Whitman and the swearing in of
the new Administrator, Mike Leavitt. Next to depart the Agency was G. Tracy
Mehan, III, the Assistant Administrator for Water, who announced his resignation
late in November. On December 23, 2003, Leavitt announced that Benjamin Grumbles
would serve as Acting Assistant Administrator, upon Mehan’s departure on
December 29, 2003. Grumbles served under Mehan as Deputy Assistant Administrator
for Water and most recently served as the Acting Associate Administrator for
Congressional and Intergovernmental Relations. AMSA enjoyed a close working
relationship with Mehan and the Office of Water on a host of key clean water
priority issues, including blending, watershed permitting, infrastructure
funding, security and biosolids issues, and will work to build upon its already
strong relationship with Grumbles.
The next staff change within EPA came on January 5, 2004, when the Agency announced the resignation of John Peter Suarez, the Assistant Administrator for the Office of Enforcement and Compliance Assurance. Finally, the White House announced on January 7, 2004, that Stephen L. Johnson was nominated to succeed Linda Fisher as Deputy Administrator of EPA. Johnson previously served as the head of EPA’s Office of Prevention, Pesticides, and Toxic Substances. Before taking his new position, Johnson must be confirmed by the Senate.