AMSA July 2003 Regulatory Update

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The National Office of the Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the July 2003 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to August 5, 2003. A Regulatory Digest of activities currently tracked by AMSA can be found on the Association’s web site at http://www.amsa-cleanwater.org/private/regupdates/reg_digest.cfm. Unless another contact person is specifically listed, call or email questions to Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or chornback@amsa-cleanwater.org.

AMSA Conferences

AMSA’s Strongly Attended Summer Conference Sees Launch of CleanWater Central
Over 270 participants attended AMSA’s 2003 Summer Conference, Water Quality & The Wastewater Community: Emerging Pollutants, New Challenges, in Boston, Mass., to discuss cutting-edge technical issues and exchange municipal case studies on a range of emerging pollutants and innovative water quality programs. AMSA’s committees also met, and summaries of their discussions will be featured in the July edition of the Clean Water News. The conference featured the launch of the CleanWater Central database – a joint effort of AMSA and the Water Environment Research Foundation. Ralph Charlton, co-chair of AMSA’s Management and Operations Committee and Director of Fiscal Services at the Alexandria Sanitation Authority in Alexandria, Va., and Stephen Hayashi, AMSA Board member and General Manager of the Union Sanitary District in Union City, Calif., provided insights culled from their experiences beta-testing the database and the system’s potential as a critical research tool for the wastewater industry. Additional CleanWater Central access information will be made available to AMSA members in the coming weeks via a Member Update.

Air Quality

AMSA to Work Closely With EPA on WATER9 Model Review Project
On July 31, 2003, AMSA met with key EPA and Research Triangle Institute officials in Research Triangle Park, N.C., to discuss AMSA’s Air Quality Committee Technical Action Fund project to assess EPA’s WATER9 model. AMSA was encouraged by the Agency’s willingness to work with the Association and contractor CH2M HILL, Inc., to evaluate EPA’s WATER9 model for estimating air emissions of individual water constituents in wastewater collection, storage, treatment, and disposal facilities. At the meeting, AMSA’s project team, which included AMSA’s Air Quality Committee Co-Chair, Ed Torres, Environmental Manager for Orange County Sanitation Districts, Calif., among other public agency members, agreed upon a dataset available from published literature which both AMSA and EPA will use to run the WATER9 model, and two other models currently available for collection system modeling. Results from the WATER9 model will be compared with the other models used and with field-measured emissions to determine their accuracy. If the results of the comparisons show that the WATER9 model does in fact over-predict emissions, a white paper will be prepared that AMSA and its member agencies can use to express to air permitting authorities that the model over-predicts emissions, and to support requests that alternatives to it be used to estimate hazardous air pollutant emissions. The Agency also expressed the desire for WATER9 and other models to represent the most current and accurate scientific data available and noted its willingness to update WATER9 if such data is found. For more information, please contact AMSA’s Regulatory Analyst, Will Pettit, AMSA, at 202/833-3280 or wpettit@amsa-cleanwater.org.

Biosolids

AMSA Comments on EPA’s Response to the NRC’s Land Application of Biosolids Report
On July 8, 2003, AMSA submitted comments on EPA’s Standards for the Use or Disposal of Sewage Sludge; 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. 17379). The Association’s comments were supportive of the Agency’s overall response to the NRC report and the Agency’s fundamental conclusion that the land application of biosolids is an appropriate and environmentally sound practice for communities when conducted in compliance with EPA regulations. AMSA’s comments recommended next steps to EPA to reassure the public of the safety of land-applied biosolids, including additional exposure-assessment studies to compile more human health data, communication enhancements, including health report response teams and an incident reporting process facilitated by the Centers for Disease Control, and the need for increased public outreach and awareness efforts. The comments are available on the Association’s web site at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-07-08cmts.pdf. EPA is operating under an October 17, 2003, consent decree deadline to have final action on its Round II land application of biosolids rule. AMSA will continue to track this issue and will alert the membership of any pertinent information or events.

AMSA Tracks Pending Guidance on Radioactive Materials in Biosolids
AMSA has learned that a pending dose model document concerning radioactive material in biosolids will be peer-reviewed concurrently with the public comment period for a companion POTW guidance document on radioactive materials in biosolids. The draft guidance is expected to be officially released in August, at which time the notice and comment period will begin. The U.S. Nuclear Regulatory Commission (NRC) and EPA, through a subcommittee of the Interagency Steering Committee on Radiation Standards (ISCORS), sponsored a joint survey of 300 POTWs to collect information concerning radioactive materials in biosolids and ash from the incineration of biosolids. The Dose Modeling Workgroup of the Sewage Sludge Subcommittee completed a dose assessment report to help determine whether radionuclides in biosolids are a threat to human health. This dose assessment or model document will be the subject of the peer review. The companion guidance for POTWs will likely have some sort of guidance level of exposure, above which POTWs would be recommended to consult with the appropriate state agencies. Whether the level will be in the guidance and if so at what level of exposure it might be set are still being discussed. Most of the remaining issues are related to levels of radium/radon (a naturally occurring radioactive material) in biosolids. AMSA will continue to track this issue and will weigh the necessity to comment at the appropriate time.

AMSA Participates in WERF Biosolids Summit
AMSA participated in the Water Environment Research Foundation’s (WERF) Biosolids Research Summit recently to develop research priorities in the biosolids arena, with a focus on land-application and further ensuring the protection of public health and the environment. The meeting’s participants included elected officials, scientists, private citizens, risk assessors, and others who helped identify and prioritize research needs. Many of the concerns raised at the summit echoed those raised by AMSA in its July 8 comments on EPA’s initial response to the National Research Council’s (NRC) July 2002 land-applied biosolids report. A series of research priorities were agreed upon and WERF will be releasing a detailed list of those projects soon. EPA noted that the proceedings would be used as part of its response to the NRC report, which AMSA will be tracking closely to ensure a response that takes into account POTW concerns.

AMSA Applauds Key Biosolids Land Application Ruling
AMSA, and other proponents of the land-application of biosolids, scored a major victory this week, when, by a unanimous decision, the U.S. Court of Appeals for the Fourth Circuit affirmed the lower court’s injunction against Appomattox County in Virginia from restricting the land application of biosolids. In this case, O'Brien v. Appomattox County, the court ruled that "[i]n light of the widespread use of biosolids in Virginia and elsewhere in the United States, the regulations and examinations undertaken by the Virginia General Assembly and the U.S. EPA, and the studies by the scientific community, the fear of possible, adverse health effects is too attenuated at this time to outweigh the likelihood of harm to the farmers." AMSA believes this case will serve as an important precedent in similar lawsuits and will help to strengthen the public’s support and confidence in land application of biosolids.

Pretreatment

AMSA to Review Need for Changes to Effluent Guidelines for Centralized Waste Treatment
AMSA has learned that EPA is considering revisions to the Effluent Limitations Guidelines for the Centralized Waste Treatment (CWT) Point Source Category, which were finalized in December of 2000 (65 Fed. Reg. 81242). Based on a review of the data used to develop the rule, the Agency is considering removing several metal limits, while keeping others in certain subcategories. The Agency is apparently not planning to remove any metal parameters from the Organics Subcategory, even though those limits are based on a very limited number of data points, and the metals removal that was observed in evaluating the control technology were incidental. AMSA, along with key industry stakeholders, will meet with EPA on August 7 to discuss the revisions and will alert the membership of the meeting’s outcome.

Water Quality

EPA Test Methods for Pollutants in Ambient Water Do Not Apply to POTWs
On July 21, 2003, EPA published its final rule on Guidelines Establishing Test Procedures for the Analysis of Pollutants; Analytical Methods for Biological Pollutants in Ambient Water, effective August 20, 2003. In the rule, the Agency approved test methods for the analysis of Escherichia coli (E. coli), enterococci, Cryptosporidium and Giardia in fresh ambient water matrices. In addition, the rule approved test methods for the analysis of enterococci in marine ambient water matrices. However, EPA has determined and noted in the text of the methods that these procedures are not acceptable for evaluating other matrices, such as POTW or other point source effluent. For this reason, the approved methods fall short of meeting the needs of the regulated community and fail to recognize real-world implementation of water-quality based permit limits. Meanwhile, the Agency has said it is in the process of developing test methods for POTW effluents. As of yet, nothing has been released. AMSA will continue to urge the Agency to develop such methods that are based on sound science and meet the needs of the regulated community.

AMSA Continues to Urge Release of Watershed Rule, Trading Language to be Included
AMSA has learned that yet another revised draft of the long-pending Watershed Rule has been sent by the Agency to the Office of Management and Budget (OMB) for informal review. The version of the rule sent to OMB, however, was not complete and the Agency continues to finalize rule provisions which address trading issues. Although details have not been released, AMSA understands that this trading language will be consistent with the provisions of EPA's recently issued final Water Quality Trading Policy.

Many of the issues raised by other stakeholders have been resolved, but the Corps of Engineers and other agencies’ concerns regarding dams are still outstanding. These agencies have apparently drafted their own proposed language to address dam-related issues, as an alternative to the relevant provisions in the EPA draft. OMB will be considering these issues during its ongoing informal review process. The Agency’s Acting Administrator, Marianne Lamont Horinko, has also been briefed on these issues, and AMSA will continue to push for proposal of the Watershed Rule and will keep members apprised of its status.

In a related matter, AMSA participated in the Agency’s National Forum on Water Quality Trading in Chicago, Ill., where EPA touted its trading policy. While EPA’s Assistant Administrator for Water, G. Tracy Mehan, III, made it clear that trading is still a work in progress, he noted that pilot programs are continuing across the nation and that an implementation guidance with more details on the mechanisms of trading is set to be released soon. More information on trading can be found on EPA’s web site at http://www.epa.gov/OWOW/watershed/trading.htm.

AMSA Challenges EPA's Final Toxicity Test Methods
Activity continues in AMSA's March 2003 suit against the U.S. Environmental Protection Agency (EPA) in the District of Columbia Circuit Court of Appeals challenging the November 19, 2002 final whole effluent toxicity (WET) test methods. WESTCAS v. EPA, consolidated with 96-1062 (D.C. Cir.); 67 Fed. Reg. 69,952. AMSA formed a POTW coalition to bring the case, including the Virginia Association of Municipal Wastewater Agencies, the West Virginia Municipal Water Quality Association, the Maryland Association of Municipal Wastewater Agencies, the South Carolina Water Quality Association, the California Association of Sanitation Agencies, and the Texas Association of Metropolitan Sewerage Agencies. The Western Coalition of Arid States (WESTCAS), a group of industrial trade associations called the WET Coalition, and the American Petroleum Institute (API) also have challenged EPA's final WET methods. In the course of the litigation, AMSA and the POTW coalition hope to reach agreement on a number of WET issues important to municipalities including numeric versus narrative criteria for WET, the methods’ ability to detect toxicity in undiluted effluent, WET test acceptability criteria, and the ramifications of single WET test failures.

On April 28, AMSA and the POTW coalition filed a nonbinding statement of issues with the court. On May 30, AMSA, the WET Coalition, and API submitted to EPA a settlement proposal which would allow the litigation to be placed on hold while the parties resolve the controversy. EPA took the position that the majority of the settlement offer related to WET implementation rather than WET litigation. Accordingly, on July 10, the agency responded that "EPA does not believe it would be fruitful to pursue further settlement discussions over the challenges to the WET methods with revisions to EPA policies for WET implementation." Thus, on July 22, AMSA, the WET Coalition, and API filed a briefing proposal with the court, which the government rejected. The parties are now trying to reach agreement with the Agency and the Department of Justice on a Fall 2003-Winter 2004 schedule for, and length of, briefs in the case.

EPA to Make NPDES Permits Available Online, AMSA to Consider Action
AMSA has learned that EPA is in the process of making individual National Pollutant Discharge Elimination System (NPDES) permits publicly available on its online Envirofacts database. The Agency has recently started adding PDF copies of NPDES permits, issued after November 1, 2002, and fact sheets for major facilities to Envirofacts. By 2007, the Agency hopes to have permits and fact sheets for all major facilities available on Envirofacts. AMSA will work with its membership to determine if any action is warranted. Information on accessing individual permits and fact sheets can be found on the Agency’s web site at http://cfpub.epa.gov/npdes/permitissuance/permitscanning.cfm.

Wet Weather

AMSA Continues to Advocate for Reasonable Guidance on the Practice of Blending
At AMSA’s Summer Conference, EPA’s Assistant Administrator for Water, G. Tracy Mehan, III, made it clear that the Office of Water is continuing to work to release a national blending guidance as soon as possible and remains committed to ensuring blending as a viable practice for treating peak excess flows. The guidance has been delayed due to intra-agency discussions and, as such, has not yet been sent to OMB for review. Mehan also indicated that the change in Administration at EPA will not significantly delay the guidance’s release. AMSA continues to advocate that a national blending policy should state that blending is not a bypass as defined by 40 CFR §122.41(m), as long as POTWs meet appropriate conditions, and that permitting agencies should be authorized to incorporate blending as an “alternative flow routing scenario” in permits. AMSA continues to discuss the issue with the Agency and will alert the membership as more information becomes available.

AMSA to Prepare Companion Response Report to Agency CSO/SSO Report
At the Summer Conference, AMSA’s Wet Weather Issues Committee discussed the outcome of two stakeholder meetings regarding the Agency’s forthcoming 2003 Report to Congress on the Impacts and Control of Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs), which is under a court-ordered deadline to be submitted by December 15. On June 24 and 25, AMSA attended a stakeholder meeting held by EPA in Washington, D.C. to discuss what data the Agency has collected so far in support of the upcoming report. EPA hopes to complete a draft of the report for consideration by the White House's Office of Management and Budget by August 29. EPA provided presentations on several topics including the characterization of CSOs and SSOs, environmental and human health impacts, overflow control technologies, and resources/funding, each of which will comprise a chapter in the final report. Copies of the presentations are available on AMSA's web site at http://www.amsa-cleanwater.org/private/faxalerts/0624-2503pm.cfm. Additionally, EPA hosted a similar, though shorter, one-day meeting in Huntington Beach, Calif., on July 8. This meeting’s audience, which included several AMSA member agency representatives, comprised more municipal stakeholders than the Washington, D.C. meeting, which was attended mostly by Agency and state representatives.

An outcome of the Wet Weather Issues Committee discussion was to charge the SSO Workgroup to begin to draft a response report to be released simultaneously with the Agency report to highlight AMSA’s concerns with the quality and completeness of the data upon which the report is based. AMSA will also send a letter to EPA soon illustrating the concerns that arose out of the stakeholder meetings. The National Office will continue to keep the membership informed on this important issue via future Alerts and Updates.