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To:
Members & Affiliates
From:
National Office
Date:
February 2000
The National Office is pleased to provide you with the February 2000 Regulatory Update. This Update provides an overview of relevant regulatory issues current to January 28, 2000. 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. If you have any questions or comments on the new format, please contact the National Office.
AMSA Debates Science of Nutrient Criteria with EPA
On January 5, 2000, AMSA's Nutrients Workgroup met with officials at the U.S. Environmental Protection Agency (EPA) Office of Science and Technology to formally present the Association's concerns with EPA's fast-track development of national nutrient criteria. During the meeting, the workgroup highlighted the potential problems with the criteria development approach presented in EPA's two draft nutrient technical guidance documents. The documents are being developed as part of a nationwide EPA nutrient control strategy which mandates adoption of numeric nutrient criteria in state water quality standards by 2003.
Workgroup members stressed that EPA's approach to developing criteria for nutrients will produce nutrient criteria which are not adequately linked to aquatic life or other beneficial uses. EPA has relied on the use of an empirical approach to develop total nitrogen (TN) and total phosphorus (TP) criteria by selecting a percentile in the frequency distribution of TN and TP concentrations from waterbodies of a similar ecological region and class irregardless of an established relationship between nutrients and algal biomass or biological health. Further, it is proposed that States develop rules requiring waterbodies to meet both TP and TN criteria regardless of whether the criteria for response variables (notably algal biomass) are met. AMSA stressed that nutrient criteria, as proposed, are disconnected from measurements of actual impairment. AMSA also emphasized that the methodologies for developing other water quality criteria and sediment guidelines have significantly stronger scientific justification than those being developed for nutrients.
To address the scientific uncertainties, two alternative approaches have been suggested by AMSA. The first is to use nutrient concentrations, chlorophyll, and other water quality measurements as a screening tool to identify river stream segments that may require more detailed evaluations. A report prepared by Wisconsin's Phosphorus Technical Workgroup in October 1997 was presented to EPA as one model for this type of approach. The second alternative suggested is that EPA develop criteria more directly tied to impairments that are being protected (i.e. response variables such as: dissolved oxygen, chlorophyll, incidence of algal blooms, periphyton growth, measured biological criteria).
AMSA plans to continue its discussions and promote alternative approaches with EPA as it moves forward with criteria development. EPA will provide a 60-day public comment period on the draft guidance documents upon notice in the Federal Register in late January 2000 for the lakes/reservoirs guidance and in February 2000 for the rivers/streams guidance. EPA also plans to publish 17 target criteria ranges for nutrients this summer. Eight of these target criteria ranges will be published for lakes/reservoirs, and another eight for rivers/streams. Each of the criteria ranges will represent one ecoregion delineation (e.g., South Central Cultivated Plains, Xeric West, etc.). One target nutrient criteria range will be published for wetlands (Florida Everglades). These target ranges are envisioned as guidelines for states in developing their own nutrient criteria. EPA will be requesting additional data or information to supplement proposed target ranges later this summer.
AMSA Responds to Draft TMDL Regulation
On January 20, 2000, AMSA submitted comments to EPA on its August 23, 1999 Proposed Revisions to the Water Quality Planning and Management Regulation and its Proposed Revisions to the NPDES Program and Federal Antidegradation Policy. These revisions were part of a comprehensive package of changes to the regulatory requirements for establishing Total Maximum Daily Loads (TMDLS) under the Clean Water Act (CWA) Section 303(d). AMSA's remarks are supportive of EPA's inclusion of equitable controls on both point and nonpoint sources in the proposed rule. However, major concerns are expressed regarding the expansion of EPA's role at the state and local levels and the Agency's failure to first address the necessary revisions to the Water Quality Standards Program. AMSA's comments also question EPA's authority to expand the required listing of waters under Section 303(d) to include threatened waters, fish advisories, antidegradation, and other inappropriate conditions. AMSA plans to continue its discussions with EPA as the Agency moves toward finalizing the TMDL regulation (targeted by the Agency for end of June 2000). AMSA also will take every opportunity to provide expert testimony on the TMDL program to Members of Congress through personal visits and Committee hearings.EPA Proposes to Perform Limited Dioxin Study of Biosolids, Publishes Correction
On January 24, 2000, EPA announced plans to conduct a survey of biosolids generated by a randomly selected subgroup of up to twenty five POTWs from the thirty three POTWs which tested positive for PCBs and reported in the 1988 National Sewage Sludge Survey (NSSS). EPA Region 5, headquartered in Chicago, Illinois, has been tasked to conduct this survey which will be used to assess the existing concentration of these pollutants in biosolids generated by POTWs. EPA will contract the sampling, chemical analysis of biosolids, and interpretation and reporting of analytical data to a contract laboratory. The contract laboratory will be collecting representative grab samples of biosolids at suitable locations at the selected POTWs, and will measure the analytically detectable concentrations of the congeners of PCBs,dioxins, and furans using EPA Methods No. 1668 for PCBs, and Method No.1613 for dioxins and furans.The numerical value for the ceiling concentration for dioxins in Table 1 on page 72061 of the Proposed Part 503 Standards for the Use or Disposal of Sewage Sludge at 64 Fed. Reg. No. 246 pp. 72045-72062, December 23, 1999 is erroneously stated as a result of a typesetting error. The correct value is 0.0003 mg./kg toxic equivalents (TEQ). This is equal to 300 parts per trillion(ppt) TEQ. The preamble to this proposed rule states the correct numerical value as 300 ppt TEQ. EPA issued a formal Notice of Correction in the Federal Register on January 11, 2000 at 65 Fed. Reg. No. 7 page 1676.
AMSA Board Approves Technical Action Funds to Review Dioxin Proposal
On January 14, AMSA's Board of Directors approved a request from the AMSA Biosolids Committee to hire the consulting firm, Cambridge Environmental, Inc. to assist in the Association's review of EPA's December 23, 1999, Proposed Part 503 Standards for the Use or Disposal of Sewage Sludge (see AMSA Regulatory Update - January 2000 or Regulatory Alert 99-24). The December 23 proposal would limit dioxin and dioxin-like compounds in biosolids that are land applied. AMSA's Biosolids Committee is currently responding to the proposal which has a public comment deadline of February 22, 1999.The contractor's work is expected to focus on the risk assessments conducted for each possible method of biosolids disposal, testing whether they are scientifically justified given the complexity of the physical models assumed. A focus on the risk analysis is useful because the Agency proposes, on the basis of its assessments, to exempt two methods of disposal from dioxin limits. It is expected that groups opposed to biosolids disposal will attack the risk assessments as inadequate to protect public health. In addition, a detailed analysis of the proposed dioxin limits for land application will be conducted. The contractor will check the models for accuracy and conformance to existing guidance, and will check EPA's calculations that used AMSA's biosolids database. AMSA's Biosolids Committee is will meet on February 1 to discuss the proposal.
EPA Circulates Draft Proposed Regulation on Municipal Satellite Collection Systems
On January 21, 2000 EPA circulated two papers, NPDES Permit Requirements - Municipal Satellite Sanitary Sewer Collection Systems, and SSO NPRM (Notice of Proposed Rulemaking) — Draft Watershed Language that provide a preview of some of the new regulatory language that EPA will propose in May 2000 to address sanitary sewer overflows (SSOs). The papers were prepared based in part on recommendations made by the SSO Federal Advisory Subcommittee on October 18-20, 1999 and will be part of the draft regulations expected in late May 2000. The satellite collection system paper outlines proposed regulations that would require all owners or operators of a municipal satellite collection system to submit an NPDES permit application, unless the Regional collection system's NPDES permit requires the implementation of permit conditions throughout the municipal satellite collection system. Permits for municipal satellite collection systems would contain the standard permit conditions for reporting, record keeping, public notification, and Capacity, Maintenance, Operation, and Management (CMOM) programs and the prohibition on SSO discharges. The NPDES authority would have discretion on whether NPDES permits are individual permits, co-permits, or general permits. The paper differs from AMSA's preferred approach which would rely first on alternative mechanisms to permits, and defer to the use of NPDES permits only if the alternative mechanisms were not implemented after a set amount of time or were not working effectively.EPA's five-page draft watershed language is expected to be included in the preamble of the forthcoming proposed rule. The language outlines the Agency's perspective of how watershed-based decision-making would allow for adjustments to long-term schedules related to CMOM activities. The language states that “CMOM programs can reflect watershed considerations in two general ways: 1) CMOM activities may be prioritized based on risk; and 2) other water quality improvement projects in the permittee's capital improvement plan (e.g. addressing deficiencies with treatment plants, combined sewer systems, replacing septic systems with sanitary sewer collection systems; assuming responsibility for inadequate privately owned treatment works and collection systems; storm water control; restoration or protection of aquatic habitat or flow regimes) may be considered when developing schedules for long-term measures.”EPA is not requesting comments from members of the SSO Subcommittee (or the public) at this time on these two new papers.
EPA's two new papers supplement four papers that outline draft proposed regulatory language developed through a consensus process of the SSO Federal Advisory Subcommittee, including: 1) Capacity, Maintenance, Operation, and Management (CMOM) Programs; 2) Prohibition on Municipal Sanitary Sewer System Discharges; 3) Record Keeping, Reporting and Public Notification; and 4) Remote Treatment Facilities. These papers had been discussed and modified during the SSO Federal Advisory Subcommittee meetings of October 18-20, 1999 in Williamsburg, Virginia (see AMSA Regulatory Alert RA 99-20).
EPA Solicits Comment on Draft Dissolved Oxygen Criteria
On January 19, 2000 EPA announced the availability of a draft document titled, “Draft Ambient Water Quality Criteria for Dissolved Oxygen (Saltwater): Cape Cod to Cape Hatteras.” EPA is considering using the values presented in this document as its recommended national 304(a) criteria for dissolved oxygen in saltwater. These 304(a) criteria would provide recommended guidance values for States, Territories, and authorized Tribes to use in adopting water quality criteria to protect aquatic life from acute and chronic effects of low dissolved oxygen. As the document is currently written, these water quality criteria would apply only to the Virginian Province (Cape Cod to Cape Hatteras), but with appropriate modifications, EPA may make the criteria applicable to other regions. EPA has indicated that it will review and consider significant scientific information submitted by the public that might not have otherwise been identified during development of these criteria, or in the external peer review. After review of the submitted significant scientific information, EPA will publish a revised document, or publish a document indicating its decision not to revise the document. EPA has requested comments by March 3, 2000. AMSA's Water Quality Committee will discuss the implications of the document during its February 1, 2000 meeting in Albuquerque, New Mexico.EPA Issues Effluent Guidelines for Landfills and Waste Combustors
In the January 19, 2000 Federal Register EPA published final effluent guidelines for the landfills industry. This final rule establishes technology-based effluent limitations for wastewater discharged to navigable waters from the operation of new and existing landfills. EPA expects to provide increased protection to human health and aquatic life by reducing discharges of pollutants by over 900 thousand pounds per year. The new regulation only applies to landfills that discharge wastewater directly into receiving waters. It does not apply to landfills that discharge wastewater into a publicly owned treatment works.On January 27, 2000 EPA published in the Federal Register a final rule setting effluent limitations and pretreatment standards for commercial waste combustion facilities. The rule will only apply to commercially operating hazardous waste combustor facilities regulated as incinerators or as boilers and industrial furnaces under the Resource Recovery and Conservation Act (RCRA) as well as commercially operating nonhazardous waste industrial waste combustor facilities. EPA expects the final rule will reduce by an estimated 170,000 pounds the amount of pollutants discharged every year to water bodies and will cost about $2 million annually. AMSA will distribute the final rule in an upcoming Regulatory Alert. The rule is effective February 28, 2000.
Vice President Gore Announces $50 Million Proposal for Great Lakes
On January 10, 2000 Vice President Gore announced a proposal to help Great Lakes communities restore and protect their waterways for drinking, fishing, swimming, boating and urban redevelopment. The proposed initiative would provide $50 million in matching grants to state and local governments to clean up contaminated sediments, control stormwater, restore wetlands, acquire greenways and buffers, and control polluted runoff. The funds would be awarded by EPA through a competitive grant process. State or local governments would be required to provide at least 40 percent of project costs, resulting in a total investment of more than $80 million. The Environmental Protection Agency's fiscal year 2000 budget includes $17 million for research, demonstration projects and other efforts to support Great Lakes cleanup. The Administration will propose continuing this funding in fiscal year 2001.Attachments:
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