Member Pipeline - Regulatory - Update (July/August 2001)
Click here for previous updates.
To: Members, Affiliates, & Legal Affairs Committee From: National Office Date: August 14, 2001 The National Office is pleased to provide you with the Regulatory Update. This Update provides a narrative summary of relevant regulatory issues or actions current to June 22, 2001. A Regulatory Digest of regulatory activities currently tracked by AMSA also is attached. If you have any questions or comments, please contact the AMSA National Office, 202/833-AMSA or info@amsa-cleanwater.org.
Keep up to date between issues of AMSA's Regulatory Update! Visit our website at: http://www.amsa-cleanwater.org. The Regulatory section of the site provides user access to AMSA's key regulatory issues and activities which are updated as events take place.
* AUGUST IS NATIONAL WATER QUALITY MONTH *
Senate Confirms EPA Assistant Administrators
Prior to adjourning for Congress’ August recess on August 3, and following unanimous votes in support of their nominations by the Senate Environment and Public Works (EPW) Committee, the Senate confirmed key Environmental Protection Agency (EPA) officials George Tracy (Tracy) Mehan III for Assistant Administrator (AA) of the Office of Water, Judith Elizabeth Ayres for AA of the Office of International Activities, and Jeffrey Holmstead for AA of the Office of Air and Radiation. In contrast, Donald Schregardus, nominee for AA of Enforcement and Compliance Assurance, was approved by the EPW Committee by a vote of 12-4, with "no" votes recorded by Committee members Sens. Ron Wyden (D-OR), Jon Corzine (D-NJ), Hillary Rodham Clinton (D-NY), and Barbara Boxer (D-CA). The adverse votes resulted in part from environmental group concerns with Schregardus' record as head of enforcement for the Ohio EPA. Accordingly, Schregardus was not confirmed by the full Senate on August 3 and his nomination has been put on hold until after the August recess.During the July 25 confirmation hearings for the nominees, Mehan responded to questions on the topic of water infrastructure, noting that while "there is a federal role and a significant one, it needs some refinement." Mehan indicated he wants to find a balance between loans and grants, and to evaluate how asset management can play a role in the solution. Nominee Schregardus promised a vigorous enforcement program and highlighted past success setting municipal enforcement records as Region V's Chief of Enforcement. See the nominees' statements at: http://www.senate.gov/~epw/stm1_107.htm#07-25-01.
On July 11, Ken Kirk, AMSA's Executive Director, had an opportunity to meet with Water AA Tracy Mehan prior to his confirmation to introduce AMSA and highlight the organization's critical role in ensuring sound water quality policy. While limited in the comments he could make prior to his confirmation, Mehan did indicate that EPA Administrator Christine Todd Whitman has made water infrastructure an Agency priority and expressed interest in AMSA's leadership on this issue. Mehan also discussed the need to address nonpoint source pollution, a priority that AMSA will continue to work on with EPA.
AMSA is requesting a meeting with Mehan to discuss the controversial sanitary sewer overflow (SSO) draft proposed rule. AMSA also has invited both Mehan and Schregardus to address AMSA's leadership at the Fall Leadership Retreat & Strategy Session in September in Washington, DC.
AMSA's July Biosolids Conference was Remarkably Timely
AMSA's 2001 Summer Conference, The Biosolids Challenge . . . Ensuring Success, held July 17 - 20 in Milwaukee, Wisc., raised key issues that have received considerable attention by EPA, Congress, and in the press. The meeting focused attention on EPA's dioxin in biosolids survey activity, methods for implementing an Environmental Management System for biosolids, the heightening controversy over land-application of biosolids, and many other issues affecting the day-to-day operations of publicly owned treatment works. The Conference also featured Dr. Peter Sandman's Risk Communication Workshop. During the Workshop, Sandman challenged AMSA's members to address both the scientific uncertainties and the emotional insecurities inherent in the public perception of land applied biosolids, and offered helpful advice on how members might more effectively communicate with both the public and their critics.
AMSA Meets With EPA, Unveils Initial Dioxin Survey Data
AMSA released preliminary information from the 2000 Dioxin in Biosolids Survey during AMSA's Summer Conference. The early survey findings show that the average dioxin in biosolids level was well below EPA's proposed Part 503 limit and that dioxin levels in biosolids are on the decline. Before the conference, AMSA met with EPA on July 12 to discuss the preliminary survey findings. AMSA will release a full report of the Survey findings upon the completion of the final analysis of the data. EPA will share its data from its own survey with AMSA within the next few weeks. AMSA will continue to work with EPA on its dioxin in biosolids risk analysis and as it moves towards a final rule in December 2001.
AMSA Issues TMDL White Paper; EPA Proposes Rule Delay
In the August 9 Federal Register, EPA proposed an 18-month delay of the effective date of the controversial July 2000 total maximum daily load (TMDL) rule presently set for October 30, 2001. During this time, EPA plans to undertake a renewed public process to evaluate changes to the rule. Comments on the proposal to extend the effective date are due September 10. The Federal Register proposal follows an agreement by EPA, AMSA, and other parties to the legal challenge to the rules to pursue the public dialogue in lieu of settlement discussions with the parties to the lawsuit. AMSA will prepare comments supporting EPA's proposal to reevaluate the rule.EPA first made public its intent to delay the TMDL rule's effective date in a July 16 request to the D.C. Circuit Court to put the lawsuit on hold during the period of public discussions. In timely fashion, on July 18 during the Summer Conference, AMSA issued a document entitled AMSA's White Paper on EPA's July 2000 TMDL Rule to provide the Agency and Capitol Hill with an overview of the critical policy stances of the nation's POTWs on the TMDL rule. A copy of AMSA's White Paper can be found on the website at http://www.amsa-cleanwater.org/advocacy/7-18-01tmdlwhitepaper.pdf.
The Federal Register notice also made available a draft cost study of the July 2000 TMDL program. The study, requested in Congressional appropriations last fall, indicates that compliance with the water quality program would cost anywhere from $900 million to $4.3 billion. A 120-day comment period will be available on the cost study and AMSA will provide members with more details on the comment process in a future Regulatory Alert. The Federal Register notice is available at: http://www.access.gpo.gov/su_docs/aces/aces140.html.
AMSA Expresses Serious Concern with Controversial Metals Rule
On July 2 AMSA provided comments to EPA on the proposed Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Metal Products & Machinery (MP&M) Point Source Category. AMSA's comments outlined several key concerns with the proposal, including its reliance on outdated data on POTWs, questionable science, and underestimated costs. As the comments state, "AMSA simply cannot support this or any other version of this rule". Over 60 AMSA members already have sent comments to EPA, and the Agency will continue to accept comments until the anticipated Notice of Data Availability (NODA) is published at the beginning of 2002. Accordingly, AMSA urges all members who still may wish to go on record on the MP&M proposal to submit comments to EPA and to incorporate the Association's comments by reference. A copy of AMSA's comments can be viewed at: http://www.amsa-cleanwater.org/private/legreg/outreach/7-2-01mpandm.pdfDuring meetings between AMSA members and EPA on August 2 and 3, EPA showed interest in using the Strategic Goals Program as an alternative to MP&M and sought ideas from AMSA on how the program or some version of it could replace the entire rule. Preliminary discussions also took place at this meeting on the need for a new "50 POTW Study" and the mechanics for carrying out such a study, including defining the correct population to be surveyed and implementing a screener survey. AMSA will continue meeting with EPA on these issues vital to the interests of publicly owned treatment works and to update its members as discussions progress.
AMSA Backs Biosolids In Response to Sierra Club Anti-Sludge Principles
On July 2 AMSA voiced deep concern about the "inflammatory tone" and "several misleading statements" contained in the Sierra Club's draft biosolids guidelines, noting that the guidelines "may negatively impact the beneficial use of biosolids in the United States." In AMSA's comments to the Sierra Club, AMSA noted that the draft guidelines overlook existing federal regulations that address biosolids management, and ignore the 1996 National Research Council study, which concluded that existing, federal biosolids rules adequately protect human health. Several AMSA member agencies also commented on the draft guidelines. AMSA will continue to work with the Sierra Club to provide the POTW perspective on the facts behind land-applied biosolids. See AMSA's Sierra Club comments at: http://www.amsa-cleanwater.org/private/legreg/outreach/7-2-01sierraclub.pdf.
AMSA Supports Local POTW Land Application of Biosolids
On June 25 AMSA wrote to the Riverside, California County Board of Supervisors urging them not to vote for a moratorium on the land application of biosolids in the County. AMSA's letter stressed that "our member agencies rely upon land application for the management of their biosolids . . . [I]t is premature. . . to restrict biosolids land application before the NRC [National Research Council] has had an opportunity to completely assess existing Federal biosolids regulations." Despite our efforts, the Board did enact a ban until the NRC work is complete. AMSA, the Water Environment Federation, and the National Biosolids Partnership will continue our efforts to advocate for environmentally sound biosolids use. See AMSA's letter at http://www.amsa-cleanwater.org/private/legreg/outreach/letter.pdf.
AMSA Plays Key Role at Meeting with EPA on Nutrient Criteria
AMSA's comments on EPA's proposed nutrient criteria were the centerpiece of discussion at a June 27 national stakeholder meeting with EPA. AMSA was represented at the meeting by Water Quality Committee Chair Norm LeBlanc, Chief, Technical Services, of Hampton Roads Sanitation District. AMSA's comments highlighted concerns with the scientific basis for the criteria and called on EPA to clarify in writing that the criteria are intended only as guidance from which states and tribes can deviate in developing water quality standards. Meeting attendees from industry, POTW, and other stakeholders agreed with AMSA's recommendations. EPA may pursue clarification on the nutrient criteria later this year. See related story below.
AMSA Reviews Priority Issues with EPA Science Director
AMSA met with EPA Office of Science and Technology (OST) Director Geoffrey Grubbs on July 24 to cover the latest EPA activity on nutrients, total maximum daily loads (TMDLs), whole effluent toxicity (WET), effluent limitations guidelines, and biosolids. On nutrients, Grubbs noted that OST plans to issue guidance to better define the nutrient criteria before the end of the year. Ultimately these nutrient criteria must lead to quantified outcomes in state water quality standards. He also said that he would follow up with his staff on the nutrient database which has yet to be made public.On TMDLs, EPA is developing guidance for states on use attainability analyses (UAAs), and will hold a "co-regulators" meeting in November 2001 in San Francisco for both states and senior EPA Regional personnel that have done successful UAAs to facilitate the guidance development process. Grubbs indicated that no further action will be taken on the Advanced Notice of Proposed Rule Making (ANPRM) issued in July 1998. He also indicated that OST is pursuing a Water Quality Standards and Criteria Strategy ("Strategic Plan") that will guide the water quality program for the next five to ten years. OST has initiated discussions on the Strategic Plan with Fred Leutner heading the effort, along with Mary Reilly and regulators from West Virginia and California. They are hoping to provide a state perspective, to facilitate an exchange of information with AMSA later this summer, and to conduct a public dialogue in the fall.
On Whole Effluent Toxicity (WET), Grubbs responded to the WET Coalition letter dated July 16 and suggested that AMSA send an additional letter to Mike Cook requesting a meeting to discuss some of the conceptual solutions or aids to WET implementation suggested in the letter, including the Percent Effect approach, and to better define the big picture issues surrounding WET.
On Effluent Limitation Guidelines and Pretreatment Standards, Grubbs noted that OST is developing a plan for the future of effluent guidelines (a ยง 304(m) plan). Grubbs indicated that EPA has identified all of the industries required under the Consent Decree, which has been driving guideline development for the last 25 years. The plan will guide EPA's activities post-consent decree. OST would like to engage AMSA in a dialogue to further define what the future program will look like. The plan, which must be completed before August of 2002, will be released for comment early next year.
OST thanked AMSA for sharing our preliminary 2000 Dioxin in Biosolids Survey data with EPA. Grubbs indicated that the dioxin (Part 503, Round II revisions) rule will take one of two directions. First, if the new risk assessment and survey data validate the originally proposed 300 ppt level, the rule will be promulgated by December 15, 2001 per the Consent Decree. If a new level is warranted, a new notice and comment period must be initiated to provide for comments on the new risk assessment and survey data. This path would necessitate an extension of the court ordered deadline. At this point it is too early to tell what direction the Agency will take. EPA's new data and risk assessment results should be released in early September. EPA noted that the protectiveness of the final limit will be the primary driver for establishing the standard, not programmatic impacts or economic considerations. AMSA will continue to pursue regular meetings with OST to exchange information and to explore opportunities to work together.
EPA Issues Technical Corrections to Mercury Test Method 1631
On June 18, 2001, EPA issued a technical correction notice to rectify an omission in the text of the promulgated version of Method 1631: Mercury in Water by Oxidation, Purge and Trap and Cold Vapor Atomic Fluorescence Spectrometry and clarify the use of field blanks when testing for mercury. The technical corrections became effective on July 18, 2001. The changes to the method provide additional flexibility by allowing the use of field blank subtraction and by not requiring the reporting of test samples that may be contaminated based on results from field blank analyses.Specifically, EPA modified the following sections of Method 1631:
Section 9.4.3.3: This text is revised to clarify that if sufficient multiple field blanks (a minimum of three) are collected, and the average concentration (of the multiple field blanks) plus two standard deviations is equal to or greater than the regulatory compliance limit or equal to or greater than one-half of the level in the associated test sample, results for associated test samples may be the result of contamination and may not be reported or otherwise used for regulatory compliance purposes.
Section 12.4.2: This text has been revised to clarify that results for mercury in samples, reagent blanks and field blanks must be reported separately. In addition, if blank correction is requested or required by a regulatory authority or in a permit, the concentration of mercury in the reagent blank or the field blank is subtracted from the concentration of mercury in the sample to obtain the net sample mercury concentration.
See the complete notice at http://www.epa.gov/fedrgstr/EPA-WATER/2001/June/Day-18/w15145.htm. The new Method 1631 guidance can be found at http://www.epa.gov/waterscience/methods/1631c.pdf. If you have any questions please contact Chris Hornback of AMSA's National Office at 202/833-9106 or chornback@amsa-cleanwater.org.
EPA Releases Beach Guidance; Seeks Comment
On July 31, 2001 EPA issued a Federal Register notice requesting comments on the draft National Beach Guidance and Performance Criteria for Recreation Waters. The document provides: 1) proposed performance criteria for monitoring and assessment of coastal recreation waters adjacent to beaches; 2) prompt public notification of any exceedance or likelihood of exceedance of applicable water quality standards for pathogens; and 3) pathogen indicators for coastal recreation waters. In addition to outlining the eligibility requirements for grants to implement monitoring and notification programs, the document provides guidance for Federal agencies to implement beach monitoring and notification programs when states do not implement a program consistent with the performance criteria. A copy of EPA’s Federal Register notice on the proposed beach guidance can be obtained at: http://www.epa.gov/fedrgstr/EPA-WATER/2001/July/Day-31/w19150.htm. EPA will consider comments received on or before October 1, 2001 and will host meetings around the county to answer questions. A copy of the Guidance document can be obtained at: http://www.epa.gov/waterscience/beaches/grants/index.html. Additional information on the outreach meetings can be found at http://www.epa.gov/ost/beaches/meetings/.
NRDC Beach Report Highlights Need for Infrastructure
The Natural Resources Defense Council (NRDC) released a report on August 8 called Testing the Waters: A Guide to Beach Quality at Vacation Beaches to document the sharp increase in beach closings, a portion of which are caused by wet weather overflows. The study finds that closures will continue to impact local economies and estimates that "tourist expenditures in coastal counties of 16 coastal states total over $104 billion" per year, much of which is lost due to more than 11,000 beach closings and advisories in 2000. In addition to the economic burden, the potential negative impact on public health is a serious concern to all involved. In an August 9 press release, AMSA supported the NRDC’s efforts to improve beach monitoring in all coastal communities and suggested health of the nation’s beaches could be improved by water infrastructure funding. NRDC’s report can be found at http://www.nrdc.org. AMSA’s press release in relation to NRDC’s report can be found at: http://www.amsa-cleanwater.org/advocacy/releases/80901.cfm.
AMSA Meets with EPA on Agency's CSO Report to Congress
AMSA and key Association members met on July 12 and 13 with EPA officials and other stakeholders in Chicago, Ill., to discuss the preliminary findings and direction of the Agency's Report to Congress on Combined Sewer Overflows (CSOs), due to be released September 1. High-level EPA officials at the meeting indicated that controlling CSO impacts requires a watershed approach, and significantly better data to characterize the progress of publicly owned treatment works' (POTWs) CSO controls. While EPA officials also indicated that the report will take into account the need for increased water infrastructure funding, AMSA also noted that the report needs to focus on the billions of local dollars spent controlling CSOs. To make sure that AMSA's points are stressed to EPA and Congress, AMSA will issue a CSO Companion Report on September 1 to discuss the POTW's issues and concerns with CSOs and other pending wet weather issues. AMSA will continue working with EPA on the CSO report and the impending SSO proposed rule, to ensure consideration of POTWs' wet weather concerns.
AMSA Objects to Creation of International Wastewater Standards
In comments sent July 20 to the American National Standards Institute (ANSI), the U.S. standard setting body, AMSA and the Water Environment Federation (WEF) expressed concern with a French proposal for the International Standards Organization (ISO) to develop international protocols for the service activities relating to sewerage and drinking water supply. The letter notes that the existing French standards may not be the appropriate starting point for international standards and may conflict with the numerous domestic activities well underway to address wastewater facility management including asset management programs and environmental management system (EMS) development. AMSA and WEF will continue to track this emerging issue. See AMSA's letter and the French proposal at: http://www.amsa-cleanwater.org/private/legreg/outreach/7-23-01ansiisoetter.pdf.
AMSA Members Send Clear Message To Congress, EPA On SSOs
AMSA members are sending a clear message to Office of Water Assistant Administrator Mehan and Congress that the draft sanitary sewer overflow (SSO) proposed rule package, developed by the Browner EPA but not yet proposed, requires several key changes. AMSA sent Regulatory Alert 01-11 on July 31 to encourage members to send letters to Mehan and their Congressional delegations to express concern with the draft proposed rule, including its failure to ensure adequate legal protection for POTWs who employ capacity and management, operation and maintenance (CMOM) programs, and the rule's prohibition on overflows, even when unavoidable. Based on discussions with senior Office of Water staff, we understand that EPA is considering several options to move forward with the SSO proposal. These include publishing the Browner proposal without modification, accompanied by a separate Federal Register notice requesting comments on suggestions received since January 2001, encompassing AMSA-advocated alternatives to the "zero overflow" approach.EPA's evaluation of these options makes the input of the very communities impacted by this rule so crucial at this juncture. AMSA strongly believes that the Agency should modify the package before proposal. AMSA urges each and every member to send these critical letters as soon as possible. See http://www.amsa-cleanwater.org/private/regalerts/ra01-11.cfm for the sample letter. AMSA has requested a meeting on behalf of several municipal groups with new Assistant Administrator for Water Tracy Mehan to discuss our collective concerns and will continue to urge the Agency to make needed changes to the SSO package.
AMSA Comments on CAFOs
AMSA submitted comments to EPA on July 30 regarding the Proposed National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding Operations (CAFO) Rule. In the comments, AMSA applauds the Agency's efforts to update the rule, to reevaluate manure application requirements, and to revise the definition of Animal Feeding Operation (AFO) and CAFOs. A copy of AMSA's comments can be found at: http://www.amsa-cleanwater.org/private/legreg/outreach/7-30-01cafo.pdf.
EPA Releases CSO Water Quality Standards Guidance
On August 10, EPA released the final guidance on Coordinating Combined Sewer Overflow (CSO) Long-Term Planning with Water Quality Standards Reviews. Originally published as a draft in January 2001, the guidance address questions raised since the publication of the CSO Control Policy in 1994 on integrating the long-term control plan (LTCP) development process with the water quality standards review. As outlined in the guidance, EPA will continue to implement the CSO Control Policy through its existing statutory and regulatory authorities. AMSA will be forwarding a detailed summary of the Guidance in an upcoming Regulatory Alert. A copy of the final guidance is available from EPA at: http://www.epa.gov/npdes.
EPA Releases a Wealth of Information on Clean Water Issues
In a move to complete some of the items on the Clinton Administration's "Clean Water Action Plan," EPA has released several publications directly applicable to the clean water community. EPA's National Small Flows Clearing House (NSFC) released in early July a book entitled Clean Water Action Plan: Restoring and Protecting America's Waters which details existing clean water programs and suggested new actions to strengthen existing efforts. The book is available by calling the NSFC at 800/624-8301.EPA has launched a new web site to provide easy access to information on its national permitting program, the National Pollutant Discharge Elimination System (NPDES). The site uses state-of-the-art database technology to manage documents, regulations, and contact information. Users are able to select a variety of ways to enter and view the website, from a general interests format to a detailed topics list for those more familiar with the NPDES program. The site also allows users to create and sort specialized lists of publications, guidance materials, and regulations. It can be accessed at http://www.epa.gov/npdes.
On July 12, the U.S. Geological Survey (USGS), launched its new, online National Water Information System (NWISWeb) and in so doing opened the doors to the public to much more of the 100 years of water data collected by the federal earth science agency. The site can be accessed at http://water.usgs.gov/nwis.
In early July EPA's Office of Wastewater Management (OWM) released its Strategic Plan for 2001 and Beyond. The plan, published annually, details the projects anticipated for the Offices key programs activities. Included in the report are OWM's plans for National Pollutant Discharge Elimination System Permit (NPDES) Program, Clean Water State Revolving Fund (SRF) Grants, Combined and Sanitary Sewer Overflow (CSO/SSO) Programs, and Environmental Management Systems (EMS). The Plan can be downloaded at http://www.epa.gov/ow.
Attachments:
Printer friendly version