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Member Pipeline - Regulatory - Update (June 2001)

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To: Members, Affiliates, & Legal Affairs Committee
From: National Office
Date: June 22, 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.

AMSA launched a redesign of its web site this week. The new and improved Regulatory side of the site has been updated to provide easier user access to AMSA's key regulatory issues and activities. Visit today at www.amsa-cleanwater.org.

AMSA's upcoming Summer Conference - The Biosolids Challenge . . . Ensuring Success, July 17 - 20, 2001 in Milwaukee, Wis., is demonstrating its timeliness as Federal agencies are renewing their focus on biosolids issues, including dioxin, radioactivity, worker health and safety, environmental management systems, and others. With the stakes rising in the biosolids arena on a local and national level, EPA officials and AMSA members will provide conference attendees with a comprehensive overview of current regulatory developments in the biosolids arena. In addition, AMSA's dynamic regulatory committees will meet during the conference, providing invaluable networking opportunities. Be sure to register for the Summer Conference today at www.amsa-cleanwater.org.

NAS' TMDL Report Supports AMSA Positions on Water Quality
On June 15, the National Academy of Sciences (NAS) released its report, Assessing the TMDL Approach to Water Quality Management, and an initial review indicates that it supports several critical AMSA priorities. Significantly, the first paragraph of the report's Executive Summary says that the National Pollutant Discharge Elimination System program "has not achieved the nation's water quality goals of 'fishable and swimmable' waters largely because discharges from other unregulated nonpoint sources of pollution have not been as successfully controlled." This is strong support for AMSA's advocacy for effective nonpoint source inclusion in the total maximum daily load (TMDL) program. The report also calls for greater state flexibility in developing specific designated uses for their waterbodies and for a more streamlined impaired waterbody listing approach, both of which AMSA supports in principle. A Regulatory Alert with further details and an analysis of the report is forthcoming.

AMSA To Provide Tools for Members to Comment on MP&M Proposal
With the July 2 comment deadline around the corner, AMSA's Metal Products & Machinery (MP&M) working group is currently completing AMSA's comments on EPA's proposed MP&M Effluent Limitations Guidelines on behalf of POTWs. AMSA's comments, which will be made available to members in the coming week, will integrate AMSA's survey results with an analysis of EPA's baseline methodology. AMSA's Pretreatment Committee is concerned that the proposal is not based on sound science and does not sufficiently resolve the concerns of POTWs. Members are encouraged to comment directly to EPA and incorporate AMSA's comments by reference.

AMSA Letter To Whitman Expands on Draft SSO Proposal Concerns
In a June 8 letter to EPA Administrator Christine Todd Whitman, AMSA outlined its key concerns with several provisions of the Agency's draft Sanitary Sewer Overflow (SSO) proposed rule. AMSA's letter is timely as Whitman continues to evaluate the fate of the rule. AMSA understands that an internal Agency briefing will be held on June 22 to further assess the path for moving forward. As the letter points out, "The most problematic aspect of the draft proposal is the retention of a zero overflow standard for collection systems - a standard that is unachievable" for publicly owned treatment works (POTWs). While AMSA supports the draft's language that would create a separate National Pollutant Discharge Elimination System program for collection systems and treatment plants, the Association roundly opposes its provision requiring collection systems to meet the same secondary treatment standard as treatment plants. Instead, AMSA supports a collection system-specific, technology-based standard based on the imposition of a management, operation and maintenance (MOM) plan and a capacity assurance plan, if peak flows contribute to recurring overflows. As far as options for moving forward, AMSA recommends that EPA consider either modifying the current draft regulatory language and the preamble to include concepts consistent with those supported by the Association, or issuing a draft proposal as an "Advanced Notice of Proposed Rulemaking" and including an expanded preamble seeking comments on alternative regulatory principles consistent with those outlined by AMSA. AMSA will continue a dialogue with EPA on these issues. See AMSA's letter at: http://www.amsa-cleanwater.org/private/legreg/outreach/060801whitmanletter.pdf

On June 19, the Acting Assistant Administrator for Water, Diane Regas, responded to a March 5 letter by AMSA and other municipal organizations concerning the draft SSO proposal. Regas' letter, which was sent to AMSA's Executive Director and copied to all members of the SSO Federal Advisory Committee (FACA) Subcommittee, outlined EPA's understanding of AMSA's concerns, provided a brief overview of the status and content of the draft proposal, and referenced their ongoing review of the rule. Although the letter defends the draft proposal's prohibition language, a source of critical concern to AMSA, the Agency reiterated several times that "even municipal collection systems that are operated in an exemplary fashion may experience unauthorized discharges under exceptional circumstances." The response letter also indicated that "the Agency continues to review this notice [of proposed rulemaking], including the underlying premises described in your letter, as well as the decision to move forward with a single, comprehensive rulemaking." See EPA's letter at: http://www.amsa-cleanwater.org/private/reg_outreach.cfm.

EPA Draft Enforcement Guidance Targets Wet Weather
 EPA's Office of Enforcement & Compliance Assurance (OECA) has released a draft Memorandum of Agreement (MOA) setting forth OECA's enforcement priorities for Fiscal Years 2002/2003 under the Clean Water Act (CWA). The document lists Combined Sewer Overflows and SSOs as OECA's primary enforcement targets. AMSA recognizes the potential for an uneven enforcement policy given the lack of an official SSO rule setting out POTW responsibilities, and continues to strive to ensure a fair SSO rule that will lead to equitable enforcement (see story above). The MOA is available at: http://es.epa.gov/oeca/polguid/moapolguid.html

AMSA Sends CSO Member Survey to EPA
 On May 18, AMSA submitted to EPA responses to a Combined Sewer Overflow (CSO) survey conducted for the Agency's Report to Congress under the Wet Weather Water Quality Act of 2000. The Act directs EPA to report by September 1, 2001 on the progress made in federal and local CSO control policy. The Agency's report is expected to provide a comprehensive assessment of CSO implementation and to raise Congressional awareness of CSO-related wastewater infrastructure needs. AMSA received an excellent response to the survey, with more than 50% of AMSA's CSO members responding. The survey revealed that 60 percent of respondents had completed all nine minimum controls, while over 90 percent had completed all but one of the controls. The vast majority of agencies (80 percent) have completed long term control plans (LTCPs), and members on average have implemented 42 percent of their LTCPs. The CSO survey revealed that despite multi-billion dollar investment in CSO controls and an average reduction in CSOs of approximately 35 percent, members still face challenges meeting Water Quality Standards (WQS) due to other pollution sources. In fact, 77 percent of respondents indicated that WQS will not be met even after full implementation of their LTCP, and that CSOs would not be the cause of these continuing violations. AMSA is preparing a summary of the CSO survey responses for distribution to its members late this month.

EPA Briefs AMSA on Part 503 Rule Status
On June 6, AMSA met with EPA officials responsible for finalizing Part 503, Round 2 regulations for dioxins in land applied biosolids. EPA is proceeding to finalize regulations proposed in 1999 that would establish a 300 ppt standard for dioxins in land applied biosolids and to take no action for dioxins in landfilled or incinerated biosolids. During the meeting, also attended by representatives from the environmental community, AMSA provided a report on the status of its dioxin sampling effort of POTWs in 31 states (for more details see Regulatory Digest, page 2). EPA provided the Association with a status report on its probabilistic risk assessment and additional sampling of POTWs that the Agency will use to finalize the 503 rule. Under a consent decree that includes AMSA and environmental groups, EPA must complete the regulations by December 15, 2001. EPA's risk assessment and data collection activities will continue through the summer.

AMSA Participates in TMDL Rule Litigation Meeting
On June 12, AMSA attended an initial meeting of the parties challenging EPA's controversial July 2000 TMDL rule. During the meeting, EPA, AMSA, industry, nonpoint, and environmental groups outlined their key areas of disagreement and support for the rule's provisions. EPA officials are considering a range of possibilities to resolve concerns with the rule. AMSA will continue its efforts to ensure that any changes to the rule will not eliminate meaningful nonpoint source controls from the TMDL program. AMSA also is seeking a streamlining of types of waters included on state impaired waters lists, and supports increased state flexibility in listing decisions to ensure that TMDLs will have measurable environmental benefits. A decision regarding the next steps in the litigation process is anticipated before a court deadline of July 16. AMSA will continue to keep its membership informed on progress in this litigation.

Recently Released EPA Water Quality Guidance and Criteria
EPA recently released three new water quality guidance and criteria for the wastewater community. Below is synopsis of the new guidance documents and criteria.

The Stressor Identification Guidance Document (EPA 822-B-00-025) was developed to evaluate the information necessary to identify the main stressor(s) causing biological impairment. The guidance identifies where evidence is weak or lacking and needs to be developed, and enables the user to estimate the likely cause of impairment when evidence is adequate. The guidance provides a logical process for evaluating evidence and is designed to work with any type of aquatic ecosystem. The stressor identification guidance is not a mandatory procedure and there is no effective date. The guidance can be found on EPA's website at http://www.epa.gov/ost/biocriteria/stressors/stressorid.html.

The Streamlined Water-Effect Ratio Procedure for Discharges of Copper (EPA-822-R-01-005) presents an alternative approach to determining site-specific values for a Water-Effect Ratio (WER). WERs are a criteria adjustment factor that account for the effect of site-specific water characteristics on pollutant bioavailability and toxicity to aquatic life. (Available from EPA in Hard Copy Only)

The 2001 Update of Ambient Water Quality Criteria for Cadmium (EPA-822-R-01-001) presents the newly revised aquatic life criteria for cadmium. The new criteria address comments received during last year's public comment period, including changes in the freshwater criterion maximum and criterion continuous concentrations (CMC and CCC). The document can be found on EPA's website at: http://www.epa.gov/waterscience/criteria/aqualife/cadmium/.

EPA Launches New Water Quality Information Website
EPA recently launched a new website, http://www.epa.gov/waters/ which brings together water quality information previously available only on EPA's state agency's web sites' homepages. Users can use the site's database to quickly identify the status of individual waterbodies and generate summary reports on all waters of a state, including information previously only available through the Water Quality Standards Database and the Total Maximum Daily Loads (TMDL) Tracking System.

Whitman Funds Monitoring Grants for Beaches
EPA Administrator Christie Whitman recently released $2 million in grants for coastal and Great Lakes states to improve monitoring and public notification of human health risks at beaches. The funds were released in accordance with the Beaches Environmental Assessment and Coastal Health Act (BEACH Act) passed in the 106th Congress. Additional beach information, including information for states interested in applying for the beach grants, is available on EPA's beach website at http://www.epa.gov/ost/beaches.

EPA to Host Stakeholder Meeting on the Development of Regional Nutrient Criteria
 On June 27, EPA will be facilitating a Stakeholder meeting on the National Strategy to Develop Regional Nutrient Criteria in Arlington, VA. Topics to be covered include an update on the proposed ecoregional nutrient criteria, as well as recommended procedures for implementing these criteria. The stakeholder meeting will also be an opportunity for substantive input and dialogue with the primary authors of the Nutrient Waterbody Type Guidance Documents as well as EPA Regional Nutrient Coordinators who are supporting the development and adoption of regional nutrient criteria at the State and ecoregional level. AMSA will be represented at the meeting by Norman LeBlanc of Hampton Roads Sanitation District.

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