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AMSA July 2004 Regulatory Update

Member Pipeline - Regulatory - July 2004 Regulatory Update

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To: Members & Affiliates,
Regulatory Policy Committee, Legal Affairs Committee
From: National Office
Date: August 5, 2004

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The Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the July 2004 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to August 5, 2004. Unless another contact person is specifically listed, call Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or e-mail him at chornback@amsa-cleanwater.org with any questions or input you have concerning the Update topics.

Top Stories

Deadline to Comment on EPA Bacteria Criteria for Coastal States Looms, AMSA to Comment
AMSA is preparing comments on the U.S. Environmental Protection Agency’s (EPA or Agency) July 9 proposed rule (http://www.epa.gov/fedrgstr/EPA-WATER/2004/July/Day-09/w15614.pdf) to federally promulgate bacteria standards for 25 coastal states and territories that have yet to update their existing water quality criteria. The deadline for these comments is August 9. These bacteria standards are required by the Beaches, Environmental Assessment and Coastal Health (BEACH) Act of 2000. AMSA has been made aware of several member agency concerns that the proposed standards will not be attainable. AMSA urges that its members in the affected states which have not already done so, evaluate the implications for their plants and provide comments to the Association as soon as possible so that AMSA can include those comments in the National Office’s comment effort. A list of these states is available online (http://www.amsa-cleanwater.org/private/regalerts/ra04-14a.pdf). The proposed rule followed an April 20, 2004 announcement that outlined the Agency’s “Clean Beaches Plan,” designed to accelerate federal and state progress to meet all of the requirements of the BEACH Act, and EPA’s intention to propose these bacteria standards. Additional details about the proposed rule and AMSA’s solicitation of member comments can be found in AMSA’s Regulatory Alert 04-14 (http://www.amsa-cleanwater.org/private/regalerts/ra04-14.cfm).

AMSA Developing Agenda for Fall Pretreatment Coordinators Workshop, Volunteers Sought
AMSA and key federal and state stakeholders have begun to develop the agenda for the 2004 National Pretreatment Coordinators Workshop, to be held in Norfolk, Va., October 27-29. The 2004 Workshop will build on past successes and allow clean water agency, EPA, and state representatives the opportunity to share knowledge on numerous technical challenges facing today’s pretreatment professional, discuss current Agency pretreatment program initiatives, and learn valuable skills to improve pretreatment programs around the nation. If you have topic or speaker ideas, or wish to volunteer for the working group that will create the agenda, please contact AMSA’s Will Pettit as soon as possible at 202/833-3280 or wpettit@amsa-cleanwater.org. AMSA will be holding conference calls to solicit agenda topics beginning in early August.

AMSA Provides EPA with Input on Pending Whole Effluent Toxicity Implementation Guidance
AMSA and other key stakeholders met in early July with Linda Boornazian, Water Permits Division Director in EPA's Office of Wastewater Management and key members of her staff to discuss a pending guidance document on whole effluent toxicity (WET) implementation. Originally drafted to provide guidance on reasonable potential determinations, the document will also deal with other implementation issues surrounding the contentious WET methods, a result AMSA has advocated for over the past year. The guidance will be released for public comment in September of this year. In addition to its legal efforts to challenge the validity of the WET methods themselves (Edison Electric Institute v. EPA), AMSA has maintained a dialogue with EPA's permit office to explore implementation fixes that would improve the methods’ application in the context of Clean Water Act permitting. AMSA and other stakeholders recommended that EPA address several issues in the guidance, including in-stream dilution and the use of a tiered approach in which a single test failure triggers confirmatory testing, not a violation. AMSA will alert its members upon release of the guidance and will continue to seek regulatory solutions in tandem with is legal efforts on WET.

Air Quality

AMSA Meets With EPA to Discuss Association’s WATER9 Model Work, Begins Next Phase
AMSA, along with its contractor, met on July 19 with EPA in Research Triangle Park, NC, to discuss the results of Phase I of a TAF project to review EPA’s WATER9 Model for estimating air emissions from wastewater treatment facilities and collection systems. Phase I of the project included a comprehensive literature review and test run of WATER9 in comparison to two industry models using peer-reviewed datasets. AMSA found numerous discrepancies between the models and had difficulty replicating the results when different users ran WATER9 with the same dataset. With guidance from the WATER9 developer at the July 19 meeting, AMSA’s contractor team was able to refine the methodology it used to run WATER9. Without the help of a knowledgeable model developer, the proper way to use WATER9 would not be intuitive to the average user attempting to model air emissions using the EPA-approved model.

Since the air emission estimates obtained from the WATER9 Model could have permit and enforcement implications for clean water agencies, the second phase of the project, an in-depth look at the formulas and algorithms associated with each of the three models reviewed, will allow the Association to recommend changes and/or clarifications to WATER9. A “white paper” that would result from Phase II would also give AMSA members a negotiating tool in discussions with their permitting authorities to allow the use of a model other than WATER9. The Association will keep the membership updated of any developments. Phase II is expected to be completed by the end of this year. For more information, please contact AMSA’s Will Pettit at 202/833-3280 or wpettit@amsa-cleanwater.org.

Biosolids

Deadline Extended for AMSA/WERF Survey on Biosolids Incinerator Monitoring Systems
AMSA has extended the deadline to August 30 for its joint survey with the Water Environment Research Foundation that will help identify the problems that some clean water agencies are encountering with their Total Hydrocarbon (THC) / Carbon Monoxide (CO) - Continuous Emissions Monitoring Systems (CEMS) and the differing interpretations of the 40 CFR Part 503 requirements concerning THC/CO-CEMS. The survey will collect information on the following: 1) Current THC/CO emissions from biosolids incinerators; 2) Extent of the operation and maintenance problems being encountered with THC/CO-CEMS; 3) Cost to purchase, install, operate and maintain the THC/CO-CEMS; and 4) State and local THC/CO-CEMS requirements.

The information gathered from this survey will shed light on the extent of the problems POTWs are facing with their TCC/CO-CEMS and will help frame AMSA’s advocacy efforts with EPA, state, and local permitting authorities. The online survey is available on the CleanWater Central website (http://www.cleanwatercentral.org). AMSA requests that its members who incinerate part or all of their biosolids complete this survey by August 30, 2004. AMSA’s objective is to receive surveys from nearly 75% of all clean water agencies that incinerate their biosolids. For more information, please contact AMSA’s Will Pettit at 202/833-3280 or wpettit@amsa-cleanwater.org.

Conferences

AMSA’s Summer Conference Offers Technical Information, Forwards Association Initiatives
AMSA’s 2004 Summer Conference, Leading the Way . . . POTWs Take Environmental Protection Beyond the Pipe, in Denver, Colo., offered municipal, state and federal officials a chance to share ideas and information on issues from monitoring, water reuse, and constructed wetlands. Look to the July Clean Water News for a more detailed article on conference proceedings and to a forthcoming Member Update that will highlight the activities of AMSA’s technical committees. At the conference, the Board of Directors voted to approve six new Targeted Action Fund (TAF) projects at the meeting, including a white paper on wet weather affordability issues and an AMSA handbook on developing and implementing use attainability analyses. Descriptions of the new TAF projects will be discussed in future publications or check out AMSA’s list of current TAF projects on the web (http://www.amsa-cleanwater.org/private/taf.pdf). All of the informative conference presentations have been posted on AMSA’s website (http://www.amsa-cleanwater.org/meetings/04summer/ppt/) for viewing or downloading. AMSA thanks all the speakers and participants who made the meeting such a success.

Utility Management

AMSA Organizes Comments on Draft International Wastewater Standard
At AMSA’s Summer Conference in Denver, Colo., a number of public agency member representatives, plus the leaders of the International Organization for Standardization (ISO) Advisory Committee met to organize comments on the most recent draft (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-5-3-WG4_N37rev4.doc) of the ISO standards for service activities relating to wastewater supply systems (ISO TC/224). Also discussed at this meeting was the need to better harmonize the drinking water and wastewater standards, while at the same time not losing their unique characteristics. AMSA will provide detailed comments on the standard to the American Water Works Association, who is the coordinating body for the water sector standards, next week and will provide future updates to the membership as necessary. For more information, please contact AMSA's Managing Director of Government & Public Affairs, Adam Krantz, at 202-833-4651 or akrantz@amsa-cleanwater.org.

Water Quality

EPA Unveils Designated Use Plan, AMSA to Help Develop Agenda for EPA Workshop
In its 2003 Strategy for Water Quality Standards and Criteria, EPA committed to develop a plan by June 2004 for providing outreach, training, workshops and other support to help states and tribes on critical issues regarding designating appropriate uses for their waters. The strategy is available on EPA’s website (http://www.epa.gov/waterscience/standards/strategy/). Late last month, EPA issued its Designated Use Plan (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-07designateduseplan.pdf). The Designated Use Plan is EPA's internal workplan and describes the following five major actions:

Although EPA's plan focuses on working with states and tribes, the Agency plans to involve other stakeholders as well, including municipalities, industrial point sources, nonpoint sources, the Combined Sewer Overflow (CSO) community, and environmental groups. EPA has contacted AMSA to seek our input on agenda items for an upcoming September EPA UAA workshop. AMSA has solicited input from its Wet Weather Issues and Water Quality Committees on issues that the membership would like EPA to focus on at the UAA workshop. If you have any ideas, please submit them to Chris Hornback, AMSA’s Regulatory Affairs Director, at chornback@amsa-cleanwater.org by Friday, August 6.

EPA to Review Ammonia Criteria Based on New Studies, AMSA to Comment
On July 8, 2004, EPA published a notice (http://www.epa.gov/fedrgstr/EPA-WATER/2004/July/Day-08/w15532.htm) of its intent to re-evaluate the current aquatic life criteria for ammonia to determine if a revision is warranted based on new toxicity data. The Agency also requested additional data and information from the public (69 Fed. Reg. 41262). According to the notice, recent studies suggest that some freshwater mussel species may be more sensitive to ammonia exposure than the aquatic organisms EPA considered in deriving the current ammonia criteria. Based on information AMSA has received, the new mussel data, if used to develop new criteria, could reduce the current ammonia criteria value (EPA’s 1999 criteria) by one-half or more. In response to AMSA’s July 12 request (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-07-12ammonia.pdf) EPA has granted the Association a 30-day extension and will accept comments from the Association until September 8.

The studies EPA is citing as the basis for the potential revision are referenced in Regulatory Alert 04-15 (http://www.amsa-cleanwater.org/private/regalerts/ra04-15.cfm). To aid in the Association’s comment effort, AMSA requests that members provide any technical comments on the reference materials and any data on the acute or chronic toxicity of ammonia to aquatic life to Chris Hornback, AMSA, at chornback@amsa-cleanwater.org by September 1, 2004.