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To:
Members & Affiliates
From:
National Office
Date:
March 2000
The National Office is pleased to provide you with the March 2000 Regulatory Update. This Update provides an overview of relevant regulatory issues current to March 3, 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.
AMSA Supports EPA Proposal to Eliminate April 2000 Listing of Impaired Waters
On February 2, EPA proposed revisions to the Total Maximum Daily Load (TMDL) regulations eliminating the requirement that states, territories, and authorized tribes submit to EPA by April 1, 2000, lists of impaired and threatened waters. The proposal does not eliminate this requirement where EPA has been required by a court order, consent decree, or settlement agreement to take action based on a state's year 2000 list. The proposal only affects the April 1, 2000 list; it retains the existing regulatory requirement that lists be submitted on April 1, 2002, and on April 1 of subsequent even numbered years.In March 3 comments to the Agency, AMSA fully supported elimination of the year 2000 listing requirements, highlighting that it will allow sufficient time for EPA to conclude the promulgation of its proposed new TMDL rule, which includes proposed revisions to the listing criteria and listing schedules. AMSA also recommended that EPA ensure listing data meets certain standards and supported the delisting of water segments during the period between now and the next list update.
EPA Moves Forward with Proposed TMDL Rule
In addition to finalizing targeted revisions to the TMDL listing schedule, EPA personnel are in high-gear responding to comments on the Agency's August 23, 1999 proposed revisions to the TMDL program. The Agency received more than 30,000 comments on the rule prior to the end of the public comment period on January 20, 2000. Over 20,000 of those comments were postcards sent to EPA from citizens contacted by the American Forest and Paper Association, objecting to the inclusion of silviculture in the rule. To date, EPA has responded to 80 letters from Members of Congress and an additional 180 letters from other federal, state and local officials.At a February 23 meeting with AMSA, EPA Office of Wastewater Management staff indicated that Administrator Browner had hoped to sign a final rule by the end of June. However, in order to meet that deadline, the final rule would have to be written and submitted to the White House Office of Management and Budget (OMB) by March 30, for a 90-day review. Several areas of the proposed rule appear to have garnered enough public opposition so that EPA is considering modifications. Some of the potential revisions include: 1) replacing pollution offsets with a definition of “reasonable further progress” 2) modifying proposed requirements for States to develop and submit an implementation plan with each TMDL; and 3) elimination of the requirement to list “threatened waters.” Even if EPA doesn't release the rule in June, a revised cost estimate on the regulation is expected later this Spring.
AMSA Board Approves Technical Action Funds For Dioxin Survey
On February 4, AMSA's Board of Directors approved a request from the AMSA Biosolids Committee to conduct a member survey of dioxin levels in municipal biosolids and a request to use Technical Action funds to hire a contractor to assist in the survey effort. The survey is expected to help support AMSA's comments on EPA's December 23, 1999 proposed rulemaking to limit dioxin and dioxin-like compounds in biosolids that are land applied. One significant aspect of the EPA proposed rule is the use of historical dioxin data from EPA's 1988 National Sewage Sludge Survey and AMSA's 1994 Survey of Dioxins in Municipal Biosolids. While EPA's risk analysis for the proposal assumes that dioxin levels in municipal biosolids are remaining constant or diminishing, there is relatively little data from these historical surveys that support this assumption. Without additional data, EPA's risk analyses could be challenged and the scope of the rule broadened to remove the exemption of incineration and land disposal from dioxin limits. Additional dioxin data may also support AMSA's comments and position on other issues in the proposed rule (e.g., application rates, thresholds for increased monitoring, use of detection levels, etc.).The survey would be modeled after AMSA's 1994 dioxin survey, where member agencies were requested to sample their biosolids and have dioxin analyses performed by an AMSA-specified laboratory. Results of the survey would be blind, however, a comparison of 1994 and 2000 data would be performed to determine a trend for dioxin levels in biosolids. As in the 1994 survey, the Biosolids Management Committee will use a contractor (Cambridge Environmental) to assist AMSA in designing the sampling program, helping identify potential laboratories, receiving analytical data from the laboratory, conducting statistical analyses of the data, and preparing a report for AMSA. A survey announcement and request for participation in the survey is expected to distributed in early April 2000.
EPA Extends Proposed Part II Biosolids Rule Revisions to March 23
EPA has extended the public comment period on its December 23, 1999 proposed revisions to Part 503 Standards for the Use or Disposal of Biosolids (Standards for Dioxins and Dioxin-like Compounds) for an additional 30 days to March 23, 2000. AMSA's Biosolids Management Committee leadership is currently developing/compiling member comments with the assistance of a contractor, Cambridge Environmental, and plans to submit AMSA's response to the rule by the public comment deadline. The Biosolids Management Committee will be provided an opportunity to review the draft comments in early March.EPA to Replace Requirements for Electroplaters and Metal Finishers with MP&M Rule
On March 3, EPA conducted the first of two public meetings on the anticipated proposed rulemaking regulating discharges from the Metal Products and Machinery (MP&M) industrial category. EPA intends to propose effluent limitations guidelines and standards for the MP&M industrial category in October 2000. The proposal will combine two phases of the rule's development into one regulation which is expected to be finalized in December 2002.EPA is looking a eight potential subcategories for the regulation including: 1) printed wiring boards; 2) shipbuilding/dry docks; 3) railroad line maintenance facilities; 4) non-chromic acid anodizers; 5) “oily” only wastes; 6) job shops; 7) certain iron and steel facilities; and, 8) other metal-bearing facilities. In addition, EPA will propose the regulation replace the electroplating and metal finishing guidelines (40 CFR Part 413 and 433, respectively) for all direct and indirect facilities above a currently undetermined flow cutoff (e.g. 1 million gallons per year — 4,000 gallons per day). EPA is looking at ranges for this flow cutoff from 1 million gallons per year (4,000 gallons per day) to 6.25 million gallons per year (25,000 gallons per day).
The MP&M effluent limitations guidelines and standards proposal will apply to facilities that manufacture, rebuild, or maintain finished metal parts, products, or machines. The 18 industrial sectors which are being examined for the MP&M regulation include the following: Aerospace; Aircraft; Bus & Truck; Electronic Equipment; Hardware; Household Equipment; Instruments; Metal Finishing and Electroplating Job Shops; Mobile Industrial Equipment; Motor Vehicles; Office Machines; Ordnance; Precious and Non-precious Metals; Railroad; Ships & Boats; Stationary Industrial Equipment; Printed Circuit Boards; and Other Metal Products.
A second public meeting will be held in Chicago, Illinois on April 10, 2000 at EPA's Region 5 offices. For more information on the meetings, contact Shari Barash, EPA at 202/260-7130.
AMSA Board Approves Technical Action Funds for Mercury Sampling Effort
On February 4, AMSA's Board of Directors approved a technical action fund request from the AMSA Mercury Workgroup to conduct sampling and analysis at four POTWs in the Great Lakes Basin for effluent mercury discharges. The four POTWs targeted were sampled as part of EPA's Economic Analysis for the Great Lakes Water Quality Initiative and were found to have non-detectable levels of mercury (based on one grab sample). Because of EPA's continuing reliance on these four POTWs as proof that low mercury effluent levels can be achieved, AMSA's Mercury Workgroup proposed performing a more comprehensive sampling effort at these facilities. The workgroup expects, based on data collected at 23 AMSA POTWs and a survey performed in Maine, that additional sampling will reveal detectable levels of mercury at these four POTWs. Sampling at the facilities is expected to begin in early March 2000.EPA to Issue New Guidance Documents on SSOs Prior to Final Rule Development
Subsequent to publication of EPA's proposed rule addressing sanitary sewer overflows (SSOs), i.e., Proposed NPDES Requirements for Collections Systems, in May 2000, EPA plans to issue new guidance to Regions/States concerning the permitting of collection systems. The new guidance will recommend that Regions/States utilize concepts outlined in the proposed SSO rule in drafting NPDES permits. While EPA's proposed rule is expected in May 2000, a final rule promulgation is not expected for another 2 years. EPA is interested in issuing the guidance to promote clarity and consistency among Regions/States in addressing SSOs prior to finalization of the rules. AMSA met with EPA's Office of Wastewater Management and Office of Enforcement and Compliance Assurance (OECA) officials on February 23 to discuss recent developments with the proposed rule.In addition to the planned permitting guidance on SSOs, AMSA learned that EPA OECA is putting the final touches on a new wet weather enforcement guidance to EPA Regions. The guidance is expected to outline for Regions how SSO cities should be inventoried and prioritized for enforcement action. Based on OECA's planning documents, the Agency is calling for 20 percent of high priority SSO cities to be addressed per year. Regions will be expected to develop an action plan to meet these planning goals. The guidance is also expected to address combined sewer overflow (CSO) enforcement priorities, focusing on those cities that have not implemented the nine minimum controls as the highest priority for enforcement. EPA enforcement officials expect that the guidance will be released in early March.
AMSA Petitions Agency to Validate and Approve Mercury Method 245.7
On March 3, AMSA formally petitioned the EPA to conduct a formal rulemaking process to validate and approve EPA's draft Method 245.7, Mercury in Water by Cold Vapor Atomic Fluorescence Spectrometry as an alternative to EPA Method 1631 for the analysis of low-level mercury. AMSA had originally requested that this method be validated and approved in July 1998. In September 1998, EPA had informed AMSA's leadership that the Agency would move forward with the validation and adoption of Method 245.7. Subsequently, during the July 19, 1999 meeting with members from of the AMSA Mercury Workgroup, EPA presented a tentative schedule for completion of the validation process by December 1999. Solicitation of a referee laboratory was distributed in October 1999; however, since that time, no further action was taken. Recently, EPA indicated that due to dramatic budget cuts within the EPA, there will be no further efforts associated with validation studies for the draft Method 245.7 as well as many other methods.AMSA noted in its petition that Method 245.7 uses the same protocols described in 1631, but without the costly expense of ultra-clean sampling techniques and a gold trap. AMSA also notes that most POTWs could use Method 245.7 and still obtain a low detection limit of mercury (MDL of 2 to 4 ng/l). Because of the critical impact that the approval of Method 245.7 has on cost-effective pollution prevention monitoring, AMSA formally requested a schedule, in writing for the validation and approval of EPA Method 245.7.
Final Pretreatment Streamlining Rule Not Anticipated Until 2001
During a February 23 meeting with AMSA, EPA's Office of Wastewater Management announced that it would not be seeking to finalize its July 22, 1999 proposed pretreatment streamlining rule until early to mid-2001. EPA indicated that other regulatory proposals with court-mandated deadlines are taking a higher priority for limited staff resources at this time. EPA also indicated that the Presidential election year has accelerated the Agency's and Office of Management and Budget (OMB) review schedule for regulations to be finalized this year, resulting in shortened calendar for staff to consider and address comments on the proposed rule.Despite this delay, AMSA is planning to meet with Agency officials and the Natural Resources Defense Council (NRDC) to discuss the proposed streamlining rule changes in April 2000. NRDC was one of a handful of commenters that did not support the majority of proposed pretreatment streamlining changes. AMSA plans to send a letter to NRDC responding to its concerns on the streamlining proposal in early March. In addition to its comments, NRDC formally petitioned the Agency to increase the general pH prohibition at 40 CFR Part 403.5 to 6.0, rather than allow flexibility for pretreatment control authorities to allow for discharges at pH less than 5.0.
Agency Releases Draft Guidance on E.Coli and Enterococci Bacterial Indicators
On February 14, EPA's Office of Science and Technology transmitted a “Draft Implementation Guidance for Ambient Water Quality Criteria for Bacteria — 1986” to state water quality managers for their review. The draft guidance was developed to assist States in implementing EPA's recommended water quality criteria for bacteria. EPA recommended E.coli or enterococci for freshwaters and enterococci for marine waters in its Water Quality Criteria for Bacteria, 1986, however, many states continue to use fecal or total coliforms to protect human health from the risk of gastrointestinal illness in primary contact recreation designated waterbodies. EPA has made the transition to E.Coli and enterococci bacterial indicators an Agency priority for the triennial review of water standards occurring in FY2000-2002. States have expressed significant concerns with the document including the potential economic impact it will have to wastewater facilities. AMSA's Water Quality Committee is reviewing the document, and is planning to submit comments by the end of March.National Biosolids Partnership Launches EMS Demonstration Program
On March 1, the National Biosolids Partnership (NBP) commenced its highly anticipated Demonstration Program, with a meeting of participating organizations in Boston, Massachusetts. At the meeting, participants were introduced to the NBP's Environmental Management System (EMS) blueprint which is composed three major elements: 1) National Manuals of Good Practices; 2) A set of common procedures and guidance for preparing and implementing an EMS; and 3) Options for implementing an ongoing program for independent, third-party verification of each EMS.The EMS blueprint includes a set of standard procedures or steps that biosolids professionals can use as tools to demonstrate to their communities a commitment to go beyond meeting regulatory requirements and plans to improve their environmental performance. The EMS blueprint documents are expected to be completed in July 2000, and the Partnership will launch a national EMS training workshop in early September with the demonstration organizations and other interested parties. The focus of the national workshop will be to roll out and test the EMS documents and to select the elements of the independent, third party verification program. The final EMS blueprint will be formally adopted in October 2000 at WEFTEC.
EPA Announces 23rd Annual Conference on Analysis of Pollutants in the Environment
The U.S. Environmental Protection Agency and Battelle are jointly sponsoring this year's annual conference on analysis of pollutants in the environment, which will be held on May 15-16, 2000 in Pittsburgh, Pennsylvania. This conference is a leading forum for discussion of technical issues related to environmental water regulations and compliance monitoring. The program is specifically designed for environmental professionals from commercial environmental laboratories, regulated industries, State and Federal regulatory agencies, consulting and contracting firms, municipal water and wastewater laboratories, and laboratory equipment manufacturers. Presentation topics will include metals, microbiologicals, quality control, organics, chlorinated biphenyls, cyanides, anions, and detection and quantitation. Representatives from the EPA Office of Water will present recent developments in technology for use in your laboratory. Independent laboratory experts and Federal and State regulatory personnel in the environmental measurements field will be available to provide answers to your specific laboratory-related questions. For registration information, please call Lynn McLeod at 781/952-5381 or register on-line at http://www.battelle.org/conferences/pollutants.Attachments:
AMSA Meetings Schedule Regulatory Digest For this downloadable file, you must have the Acrobat Reader. If you don't have the Acrobat Reader, click on the icon below to download a copy. After you download and install a copy, return to this page and click on the link above for the downloadable file.
