AMSA February 2004 Regulatory Update

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The National Office of the Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the February 2004 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to March 5, 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

Save the Date for AMSA’s National Environmental Policy Forum & 34th Annual Meeting
AMSA’s 2004 National Environmental Policy Forum & 34th Annual Meeting, May 22-26, 2004, in Washington, D.C., will provide a unique opportunity to interact with EPA, congressional officials, and key organization leadership in order to further national water quality policy and discuss current regulatory issues. The technical committee meetings, regulatory roundtables – including several wet weather issue tables, asset management, pretreatment, biosolids, and security roundtables – and various other panel discussions will allow AMSA members to discuss these issues with fellow public agency members and key EPA and political staff. Also, with the November elections on the horizon, the Policy Forum offers a unique opportunity for the wastewater treatment community to help shape the national clean water policy future. Numerous AMSA priorities, including security, wet weather initiatives, and infrastructure funding have received significant attention from both Capitol Hill and EPA, and the Policy Forum is the key meeting to demonstrate the unity of the POTW community on these issues.

Hotel information is available and a detailed agenda will be posted soon at http://www.amsa-cleanwater.org/meetings/04nepf/. This information will also be disseminated to AMSA members via future Alerts and Updates. Plan now and save the dates of May 22–26, 2004 to join AMSA in Washington, DC!

Register Now for the AMSA-Co-Sponsored Workshop on CSO Long Term Control Plan Issues
AMSA is pleased to announce its co-sponsorship with the CSO Partnership of the National Workshop to Address Key Long Term Control Plan Issues Facing CSO Program Managers to be held at the Palmer House Hilton, Chicago, Ill., on April 19 and 20, 2004. This workshop will be relevant to AMSA member agencies that are in the various stages of developing and implementing combined sewer overflow (CSO) long term control plans (LTCP) and programs. Timed to occur on the 10th Anniversary of the U.S. Environmental Protection Agency’s (EPA’s) issuance of the national CSO Control Policy, the workshop will offer strategic insights and advice on cutting-edge CSO issues, and will provide a forum for CSO communities to discuss future legislative and/or regulatory efforts. The program features presentations by, and discussions with, top municipal officials, legal and engineering experts, as well as EPA and state regulators.

A block of rooms has been reserved for the evening of April 19 at the Palmer House Hilton, 17 East Monroe Street, Chicago, Ill., at a workshop rate of $139.00 per night plus tax. Attendees should make reservations directly with the hotel at 1-877-865-5322, and indicate they are attending the CSO Control Workshop. The room block cut-off date is March 19, 2004. To view a preliminary agenda and registration form for the workshop, please visit AMSA’s website at http://www.amsa-cleanwater.org/meetings/2004%20CSO%20Workshop.doc. We hope to see you at this important workshop! Please direct any questions to Alexandra Dunn, AMSA General Counsel, at 202/533-1803 or adunn@amsa-cleanwater.org.

Air Quality

AMSA Members Subject to the Risk Management Program Must Provide Updates by June 2004
AMSA members subject to the requirements of the Risk Management Program (approximately 30 percent of the AMSA membership) are required to fully update and resubmit their risk management plans (RMPs) to the Agency under section 112(r) of the Clean Air Act at least once every five years. AMSA members that have not updated their original June 21, 1999 RMPs, must submit an updated RMP by June 21, 2004. The updated RMP is due by June 21, 2004, regardless of when you submitted your original plan. In a related matter, EPA proposed to amend the RMP reporting requirements in July 2003 (68 Fed. Reg. 45124) and AMSA commented on the proposed changes on September 15, 2003 (http://www.amsa-cleanwater.org/private/legreg/outreach/2003-09-15RMPCmts.pdf). AMSA has learned that the final rule will not require facilities to update and resubmit an entire RMP after a reportable accident – which is in line with AMSA’s comments. In the meantime, the Agency has provided a new checklist for facilities to consider when resubmitting RMPs along with other guidance materials. These materials can be found on EPA’s website at http://yosemite.epa.gov/oswer/ceppoweb.nsf/vwResourcesByFilename/RMP2004-chklist.pdf/$File/RMP2004-chklist.pdf. The proposed amendments do not affect the requirement to resubmit by June 21, 2004. More information on the Risk Management Program can be found at http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPS.htm?OpenDocument, or by contacting Will Pettit, AMSA’s Regulatory Analyst, at 202/833-3280 or wpettit@amsa-cleanwater.org.

Biosolids

AMSA Urges Members to Comment in Support of the Agency’s Biosolids Compost Designation
On December 10, 2003, the Agency proposed revisions to its Comprehensive Procurement Guidelines (CPG) (68 Fed. Reg. 68813) and Recovered Materials Advisory Notice (68 Fed. Reg. 68919). EPA is proposing to change the existing compost designation in the CPG to include compost made from manure or biosolids, while also adding a new designation for fertilizers made from recovered organic materials, which could include biosolids. These revisions, if finalized, would expand the marketplace for products containing biosolids and provide further support for the beneficial reuse of biosolids. On January 30, 2004, AMSA commented (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-30RCRA.pdf) in support of the Agency’s proposal. AMSA encourages its members to submit supportive comments to the Agency by the newly extended March 19, 2004 deadline by using AMSA’s comments or providing their own. For more information, please see AMSA’s Regulatory Alert 04-05 (http://www.amsa-cleanwater.org/private/regalerts/ra04-05.cfm).

Pretreatment

AMSA Urges Members to Comment on EPA’s 2004/2005 ELG Plan by Extended Deadline
On February 12, 2004, EPA extended the comment deadline for the Preliminary Effluent Guidelines Program Plan for 2004/2005 (ELG Plan) (68 Fed. Reg. 75515) by 30 days to March 18, 2004 (69 Fed. Reg. 6984). To facilitate the Association’s comment effort, AMSA asks members to provide input by March 10, 2004.

As part of the ELG Plan, the Agency is soliciting comments on any implementation issues related to existing ELGs or pretreatment standards that EPA should consider fixing. This is a unique opportunity for AMSA members to address the gamut of administrative, technical, and other aspects of existing pretreatment standards that should be changed. AMSA encourages its members to review their pretreatment programs and identify where implementation of existing ELGs could be improved and burden reduced. These implementation issues will supplement the Association’s comments on the ELG Plan. Again, please provide input by March 10, 2004 to facilitate AMSA’s comment effort by the extended deadline. For more information on solicitation of implementation issues relating to ELGs, please see AMSA’s Regulatory Alert 04-03 at http://www.amsa-cleanwater.org/private/regalerts/ra04-03.cfm. For information on the entire ELG Plan, please see AMSA’s Regulatory Alert 04-01 at http://www.amsa-cleanwater.org/private/regalerts/ra04-01.cfm. Please direct any comments or questions to Will Pettit, AMSA’s Regulatory Analyst, at 202/833-3280 or wpettit@amsa-cleanwater.org.

EPA Administrator Signs Meat Rule in Line with AMSA Comment Effort
On February 26, 2004, EPA Administrator Michael O. Leavitt signed the long-awaited Meat and Poultry Products Rule. The rule, to be published soon in the Federal Register, does not set pretreatment standards for meat and poultry processing plants – due in large part to the efforts of AMSA’s Pretreatment & Hazardous Waste Committee. AMSA commented on the proposed rule (67 Fed. Reg. 8582) on June 25, 2002 (http://www.amsa-cleanwater.org/private/legreg/outreach/062502comments.pdf), and on a Notice of Data Availability (68 Fed. Reg. 48471) on October 14, 2003 (http://www.amsa-cleanwater.org/advocacy/comments/2003-10-14MCmts.pdf). AMSA’s comments supported EPA’s proposal not to promulgate categorical pretreatment standards for the meat and poultry products point source category, due to the fact that instances of interference from meat and poultry discharges are extremely rare. The Agency’s final action once again mirrored AMSA’s long-standing belief that local limits adequately address discharges from meat and poultry facilities. AMSA commends the hard work of the Pretreatment & Hazardous Waste Committee on this effort.

Water Quality

AMSA Comments on Aquatic Life Criteria Documents Dealing with Copper, Atrazine
On March 1, 2004, AMSA provided scientific input to EPA on its proposed revisions to the aquatic life criteria for copper. 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’s comments supported EPA’s revision of the freshwater copper criteria to incorporate the BLM, but questioned the defensibility of the proposed revision to the existing saltwater criteria. AMSA suggested that EPA decouple the saltwater criteria revisions from the freshwater, BLM-based criteria, finalize the freshwater criteria as soon as possible, and expeditiously work to complete and promulgate a saltwater, BLM-based copper criterion. The draft copper criteria can be found on EPA’s water science website at http://www.epa.gov/waterscience/criteria/copper/pdf/master.pdf. AMSA’s scientific views and concerns are found at http://www.amsa-cleanwater.org/private/legreg/outreach/2004-03-01Cu.pdf. AMSA also commented on a revised draft aquatic life criteria for atrazine on January 30, 2004 (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-30atrazine.pdf). AMSA’s comments urged the Agency to make corrections on its determination of the freshwater Final Plant Value for atrazine, include further stakeholder review of the proposed model, and to issue a numerical as opposed to a proprietary model for the freshwater chronic criterion, among other things.

EPA Plans Guidance for 2006 Impaired Waters Lists, Nears Completion of 2002 and 2004 Lists
AMSA has learned that EPA plans to develop a comprehensive listing guidance for the 2006 assessment, listing, and reporting requirements of the nation’s waters pursuant to sections 303(d) and 305(b) of the Clean Water Act. This guidance will address many hurdles in the impaired waters listing process. Section 305(b) requires a comprehensive biennial report on the quality of the nation’s waters. Section 303(d) requires states to file with EPA a list of waters to be submitted April 1 of every even-numbered year. These listed waters are those whose effluent limitations are not sufficient to meet water quality standards and, therefore, require a total maximum daily load. Given the fact that the 2004 lists are supposed to be submitted to EPA by April 1, now is an opportune time for AMSA members to work with their states on the listing process and to discuss any waters whose listing status could be changed. Some States have issued draft lists and listing methodologies for comment, while others are still in development. Again, look to your state regulatory agency for guidance on this matter. The Agency has stated that they intend to issue the guidance on the 2006 listing process by fall 2004. AMSA will continue to track the development of such guidance and will alert the membership of any developments.

Wet Weather

AMSA to Answer Misleading NRDC “Swimming in Sewage” Report
On February 19, 2004, AMSA issued a press release in an effort to direct journalists’ response to, and stories about, a Natural Resources Defense Council (NRDC) report, published the same day, titled Swimming in Sewage: The Growing Problem of Sewage Pollution and How the Bush Administration Is Putting Our Health and Environment at Risk. In several instances, the report mischaracterizes AMSA and the POTW community on a number of issues, including combined and sanitary sewer overflows and blending. Despite the obvious misstatements contained in the report, NRDC’s top recommendation should not be overlooked. AMSA’s press release sought to highlight the fact that the report states “…just as a trust fund exists for highway and airport expenditures, the government should establish a trust fund for clean water” – a concept that AMSA has spearheaded for some time. Since the report’s release, AMSA has worked closely with key reporters, pointing out that the report simply rehashes prior NRDC reports – and that only NRDC’s recommendation for a clean water trust fund was newsworthy. The report has been written about in several area newspapers where specific municipalities were discussed in the report. The large national outlets did not cover the report.

AMSA is currently working with the public agencies cited as “case studies” in the report in order to facilitate responses. AMSA will compile these responses and use them as a basis to draft its own letter to the NRDC in response to the report’s false information about AMSA and its members. AMSA will also continue its advocacy with the news media to obtain public support for the POTW community. The report can be found on NRDC’s website at http://www.nrdc.org/water/pollution/sewage/sewage.pdf. AMSA’s press release can be found at http://www.amsa-cleanwater.org/advocacy/releases/021904.cfm.

AMSA Comments on Blending Guidance, Policy Continues to Receive Media Attention
Although EPA’s February 9, 2004 deadline to submit comments on the Agency’s proposed blending guidance has past, the issue continues to draw national and local media attention. AMSA’s comments on the blending policy can be found on the Association’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-01-09BlendingComments.doc. Nearly 100 AMSA members also submitted comments to the Agency. Several media outlets have quoted AMSA members from cities that currently blend, including Milwaukee and Seattle. To review news articles on blending and other clean water issues, please visit AMSA’s Newsroom website at http://www.amsa-cleanwater.org/advocacy/news.cfm.

To show broad support on behalf of the blending policy, AMSA worked to put together a coalition letter (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-14EPAletter.pdf) sent to Administrator Leavitt in January. The coalition comprised over 25 associations, including the National League of Cities, National Association of Counties, and the National Associations of Towns and Townships – clearly illustrating the broad-based municipal support for Agency finalization of the policy. AMSA will continue to show support for the blending policy and will inform members of any developments.