Member Pipeline - Regulatory - Update (May 2001) - Digest

AMSA Regulatory Digest
(Current as of May 20, 2001)

The AMSA Regulatory Digest provides up-to-date regulatory and policy developments affecting the AMSA membership. The listings include regulatory actions receiving considerable attention or of particular importance to the AMSA membership. Additional information on any of the regulatory or policy developments listed in the Update can be obtained by calling the AMSA contacts listed at the end of each section.

Table of Contents

• Air Quality Issues
• Biosolids Issues
• NPDES Permit Issues
• Pretreatment and Hazardous Waste Issues
• Water Quality Issues
• Wet Weather Issues
• Other Issues

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Air Quality Issues

EPA Propose to Regulate Chlorine Gas as a Pesticide: On September 18, 2000, EPA provided notice of its intent to reclassify the use of chlorine gas for water and sewage treatment as a "restricted use" under federal pesticide labeling and application regulations. This reclassification would allow only certified and trained applicators to use chlorine gas. POTW plant operators using chlorine gas would be required to receive additional training as "certified applicators." Restricted use pesticides may be applied only by or under the direct supervision of specially trained and certified applicators. Certification and training programs are conducted by states, territories, and tribes in accordance with national standards set by EPA. The September 18 notice stresses the need to integrate certified applicator training into existing wastewater operator training programs, such as those required under Occupational Safety and Health Administration's (OSHA) Process Safety Management Program and EPA's Risk Management Program. On December 15, AMSA submitted comments to EPA on its September 18, 2000 notice. AMSA had several concerns with EPA's proposal. While AMSA members fully agree that adequate training and safety procedures are critical to ensure the safe handling and application of chlorine gas, AMSA opposed the proposed action by EPA to reclassify chlorine gas use as a restricted use in water and wastewater operations. A final rule is expected in spring 2001. A complete copy of the AMSA comments can be viewed at http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm. A copy of the September 18 Federal Register notice was distributed via Regulatory Alert RA 00-20. CONTACT: Chris Hornback, AMSA, 202/833-9106.

 

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Biosolids Issues

EPA Proposes Dioxin Standards for Land Application of Biosolids: On December 23, 1999, EPA published a proposed rule to limit dioxin and dioxin-like compounds in biosolids that are land applied. Specifically, EPA proposes to set a limit of 300 part per trillion (ppt) toxic equivalents (TEQ) for 29 specific congeners of polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, and coplanar PCBs, and to require minimum monitoring, record keeping and reporting requirements for dioxins in biosolids that are land applied. The proposed rule does not contain additional limits for biosolids that are being placed in surface disposal units or incinerated. On March 23, 2000 AMSA submitted its comments on EPA's proposed dioxin standards for the use or disposal of sewage sludge. AMSA commended the Agency for proposing a rule that addresses the issue of dioxin, dibenzofurans and dioxin-like coplanar PCBs in biosolids, however, did not find adequate technical justification for EPA's proposed 300 ppt TEQ/dry kg cap for biosolids land application. AMSA recommended that the Agency be consistent with the methodologies used to develop the limitations for metals in Round I of the regulations. Using the Round I methodology and correcting errors in EPA's risk analysis, AMSA recommended a cap of 800 ppt TEQ for the final rule. AMSA's contractor, Cambridge Environmental, completed a comprehensive and thorough analysis of the EPA proposal and supporting risk analysis, which was submitted as part of AMSA's comments. A complete set of AMSA comments can be found at http://www.amsa-cleanwater.org. A final rule is scheduled to be completed by December 15, 2001, however, EPA has indicated its desire to possibly extend this court-ordered deadline. See related stories in front section.CONTACT: Chris Hornback, AMSA 202/833-9106, or Al Rubin, EPA 202/260-7589.

AMSA Dioxin Survey: On February 4, 2001 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 will 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 is being 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 are to be blind, however, a comparison of 1994 and 2000 data will be performed to determine a trend for dioxin levels in biosolids. AMSA's contract lab is currently analyzing nearly 200 samples submitted by over 100 participating POTWs. A final report is expected in August 2001. CONTACT: Chris Hornback, AMSA, 202/833-9106 or Bob Dominak, NEORSD, 216/881-6600.

Dioxin Reassessment May Impact Biosolids Disposal Practices: EPA's ongoing dioxin reassessment is expected to have significant impact on EPA's plans to finalize the proposed Part 503 Round II regulatory revisions to limit dioxin and dioxin-like compounds in biosolids that are land applied. EPA's draft report, released in June 2001, found that dioxin levels have declined substantially over the past two decades and determined that risks to people are higher than previously believed. Some potential implications of the reassessment when finalized, could include very low (8 to 50 ppt TEQ) dioxin threshold cap for biosolids land application and/or additional restrictions on grazing or liquid application of biosolids to limit dioxin exposure. EPA is expected to issue a final dioxin reassessment document in Summer 2001 upon completion of its review by the Science Advisory Board. At the same time, the Agency plans to publish a draft dioxin Risk Management Strategy for public comment. The strategy will propose EPA policy and programs for dioxin using the reassessment as its scientific basis. A copy of the reassessment documents can be obtained from http://www.epa.gov/ncea. CONTACT: Chris Hornback, AMSA 202/833-9106.

Amendments to Part 503 Sewage Sludge Regulation: EPA is amending the Final Sewage Sludge Use or Disposal Regulations in two rounds. Round I of the changes is taking place in two phases. On August 4, 1999 EPA published its final Round I, Phase 1 amendments to the 40 CFR Part 503 sewage sludge rule (see AMSA Regulatory Alert 99-16). Round I, Phase II, which has been postponed until 2002, will address: 1) procedures for biosolids preparers to justify and calculate a site-specific ceiling value for selenium for land applied biosolids; 2) delete the annual pollutant loading rate option for biosolids sold or given away in a bag or other container; 3) articulate the additional margin of safety afforded by heat dried pelletized biosolids products; 4) allow for vector attraction reduction equivalency for land applied biosolids; 5) move and thereby consolidate biosolids analytical methodologies to 40 CFR Part 136; and, 6) reestablishing pollutant limits for molybdenum . On December 23, 1999 EPA published a proposed rule to limit dioxins and dioxin-like compounds in biosolids that are land applied (see Regulatory Alert RA 99-24). Final promulgation of the Round II amendments is expected by December 15, 2001 but may be delayed. See related stories in the front section. CONTACTS: Chris Hornback, AMSA 202/833-9106 or Al Rubin, EPA 202/260-7589.

National Academy of Sciences Study of Part 503 Land Application Standards: The National Academy of Science has appointed sixteen experts to a study Committee to review information relevant to toxicological and pathogenic risks of sludge following land application and determine their applicability to the 503 rule. Originally requested by EPA, the Committee will: 1) Review the risk-assessment methods and data used to establish concentration limits for chemical pollutants in sludge to determine whether they are the most appropriate approaches; 2) Review the current standards for pathogen elimination in sludge and their adequacy for protecting public health; 3) Explore whether approaches for conducting pathogen risk-assessment can be integrated with those for chemical risk-assessment. The Committee is composed primarily of professionals from academia, and includes two environmental consultants and one state biosolids program coordinator. A full Committee membership list can be found at:http://www4.nas.edu/webcr.nsf/ProjectScopeDisplay/BEST-K-00-02-A. The Committee is expected to author a consensus report by Summer of 2002. CONTACT: Lee Garrigan, AMSA 202/833-4655.

NRC/EPA Radioactivity Survey: To better assess the occurrence and levels of radioactivity in biosolids, the Nuclear Regulatory Commission (NRC) and EPA is conducting a targeted survey of 300 POTWs associated with NRC licensees having the highest potential to discharge radioactive material to the sewer system. The objectives of the joint survey are to: 1) obtain national estimates of high probability occurrences of elevated levels of radioactive materials in biosolids and ash at POTWs; 2) estimate the extent to which radioactive contamination comes from either NRC/agreement state licensees or naturally occurring radioactivity; and 3) support rulemaking decisions by NRC and EPA. The information will be used in developing joint NRC/EPA guidance for POTWs to determine sources of radioactive materials, describe sampling and analysis procedures, and advise whether a response is needed to the presence of radioactive material in biosolids. The sampling program is expected to take a full year to complete. The target date for completing and publishing the survey results is June 2001. CONTACT: Chris Hornback, AMSA 202/833-9106, Bob Bastian, EPA 202/260-7378, or Phyllis Sobel, NRC 301/415-6714.

Radioactivity Dose Modeling: On December 12-14, 2000 EPA's Radiation Science Advisory Board met to discuss the current status of the Interagency Steering Committee on Radiation Standards (ISCORS) survey of radionuclides in biosolids, and ISCORS's efforts to develop a dose modeling report. The dose modeling report is intended to estimate the potential incremental increases in radiological exposure to the public and others from biosolids handling and disposal/reuse. At the December meeting, the SAB debated the use of different radiation models, and provided its input on how survey results should be interpreted. Due to a commitment to the OMB, the ISCORS plans to release a report with the results of a 300-POTW survey by the end of June 2001. However, the ISCORS dose model report may not be available to interpret the survey results and evaluate incremental doses of radionuclides in sludge or ash. To ensure that adequate interpretation of ISCORS survey results is available when survey results are released, AMSA's Board of Directors approved funding to complete revision and finalization of a draft AMSA radiological dose model report to reflect current modeling methodologies developed through the ISCORS committee. ISCORS has also developed a draft technical support document (TSD) to support its radiological dose model, which can be found at http://www.epa.gov/radiation/tenorm/whatare.htm. CONTACT: Chris Hornback, AMSA 202/833-9106, or Sam Hadeed, NBP, 703/684-2418.

National Biosolids Partnership: The National Biosolids Partnership (NBP) is a joint initiative of AMSA, EPA, and the Water Environment Federation (WEF). The Partnership's mission is to promote the safe and efficient biosolids use and disposal around the country. The NBP is leading the development of an Environmental Management System (EMS) for biosolids. The EMS, a set of national management protocols, will be used by biosolids producers and appliers to demonstrate to their communities that biosolids products exceed market and regulatory standards. Four projects related to the EMS, including the development of: 1) a National Manual of Good Practices; 2) an EMS Guidance Document; 3) a Third Party Verification Program; and 4) an EMS Demonstration Program, are currently being managed by the Partnership. The NBP provided an introduction to the EMS program at AMSA's Management Conference in late Janaury/early February 2001 in San Diego, CA. At the completion of the demonstration project in late 2001, a final EMS blueprint reflecting refinements of the program will be presented to the wastewater profession as a progressive management approach to facilitate and advance public acceptance of biosolids programs in local communities. AMSA will be featuring the elements of an effective EMS program at our Summer Conference in Milwaukee, WI. NBP's website - http://www.biosolids.org provides additional information on the Partnership and on the EMS. CONTACT: Lee Garrigan, AMSA, 202/833-4655.

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NPDES Permit Issues

EPA Expects to Propose Rule on Electronic Reporting in the NPDES Program: EPA expects to propose a rule to allow NPDES reports and other information to be submitted electronically. The proposed rule would establish criteria for electronic reporting and a specific process and conditions for electronic reporting of discharge monitoring reports. The proposal addresses electronic signature, certification, and record keeping requirements that permittees would follow when submitting forms to EPA electronically. CONTACT: Greg Schaner, AMSA 202/296-9836

 

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Pretreatment & Hazardous Waste Issues

Effluent Guidelines Plan: Section 304(m) of the Clean Water Act requires EPA to publish a biennial Effluent Guidelines Plan. In the plan, EPA highlights current effluent guidelines under development, the process for selection of new effluent guideline regulations, and preliminary and ongoing studies. Table 1 presents a summary of effluent guidelines currently under development. CONTACT: Chris Hornback, AMSA 202/833-9106 or Beverly Randolph, EPA 202/260-5373.

Table 1 - Effluent Guidelines Currently Under Development

 

Streamlining Pretreatment Program Requirements - Proposed Rule: On July 22, 1999, EPA formally released proposed regulatory and administrative changes to streamline the national industrial pretreatment program (40 CFR Part 403). Several revisions to the pretreatment program that would reduce the current burden to POTWs and industrial users were proposed, including: exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants; clarification of requirements for implementing pretreatment standards; and more flexible reporting, inspection and sampling requirements. While supportive of many of the proposed changes, AMSA has major concerns with EPA's proposed modification of significant noncompliance (SNC) criteria, revised pH standards, and the definition of de minimus industrial users. AMSA's Pretreatment and Hazardous Waste Committee leadership developed a formal position paper on all of the proposed changes. The EPA Water Docket received over 100 sets of comments from AMSA member agencies. A final rule is planned for June 2001. CONTACTS: Chris Hornback, AMSA 202/833-9106, or Jeff Smith, EPA 202/260-5586.

 

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Water Quality Issues

Mercury Analytical Method 245.7: On January 18, 2001 EPA distributed samples to 10 laboratories participating in a validation study of Mercury Method 245.7. Labs were requested to complete sample analyses of distributed samples by March 5, 2001. During an August 3, 2000 meeting with EPA, AMSA urged the Agency to re-initiate the approval process for draft mercury analytical method 245.7, Mercury in Water by Cold Vapor Atomic Fluorescence Spectrometry. This analytical method can be nearly as sensitive as the low level Method 1631, but can be performed at a fraction of the cost. It is expected that EPA will perform an analysis of the validation results and issue a proposed rule in early Summer, 2001. CONTACT: Chris Hornback, AMSA 202/833-9106.

EPA Releases Results of WET Interlab Study: In February 2001, EPA submitted its WET Interlaboratory Variability report for peer review. The study was originally commissioned as part of a July 1999 settlement agreement between EPA and the Western Coalition of Arid States (WestCAS). Forty-three AMSA members participated in the study as sponsors to participating laboratories. The study reports results of false positive rates for all WET tests except one at less than 5 percent (the Selenastrum chronic test method was reported at 33 percent false postive). The peer review was completed in March 2001. As per a July 1999 WET litigation settlement, EPA committed to issue a proposed rule that will, among other things, ratify, withdraw, or propose to revise virtually all of the WET methods in 40 CFR Part 136. The proposal is supposed to be signed by September 24, 2001. AMSA retained Tim Moore of Risk Sciences International to review of EPA's data analysis and peer review. On December 12, 2000 AMSA encouraged EPA to consider comments from WestCAS in finalizing its charge to peer-reviewers and preliminary report. AMSA members who participated in the study will receive a copy of the peer-review report from the National Office. CONTACT: Chris Hornback, AMSA 202/833-9106.

EPA to Propose Modifications to Ocean Discharge Criteria: On January 19, 2001 then-EPA Administrator Browner signed proposed revisions to Clean Water Act ocean discharge regulations. The proposed regulations would establish a new designated use, "Healthy Ocean Waters," for all ocean waters which do not have applicable CWA water quality standards in place. The proposal identifies 16 specific water quality criteria for trace metals, insecticides, halogenated hydrocarbons, cyanide, and chlorine that would need to be met to achieve the new designated use. The proposal also provides for the establishment of Special Ocean Sites (SOSs) which are areas within ocean waters that are of outstanding value. SOSs include critical habitat established under the Endangered Species Act, high value coral reefs, and hydrothermal vents. Four specific areas are proposed to be established for SOSs including: Flower Garden Banks off Texas; Gorda Ridge-Blanco Fracture Zone off Oregon; Escanaba Trough of the Gorda Ridge off California; and the Northern Right Whale Critical Habitats off Eastern US. The rule is currently delayed and undergoing review by the EPA Adminstrator Whitman, as per a Janaury 20, 2001 Bush White House memorandum ordering a hold on the publication of any regulations until a review by the appropriate President Bush-appointed department or agency heads. CONTACT: Chris Hornback, AMSA 202/833-9106.

AMSA Comments on EPA Draft Coastal Condition Report: On March 30, 2001, and April 12, 2001 AMSA submitted comments to EPA on its January 2001 draft Clean Water Action Plan: National Coastal Condition Report. The purpose of the draft report is to provide a comprehensive assessment of the nation's coastal waters, which was one of the remaining action items under former President Clinton's Clean Water Action Plan. The draft report used several water quality indicators, such as dissolved oxygen, water clarity, and sediment contamination, to score the various coastal regions. Overall, AMSA found that the draft report "falls short of its goal to provide an objective assessment of our nation's coastal waters". AMSA's letter highlighted numerous concerns with the indicators that were chosen and with a grading system that appeared weighted toward lower scores (the draft report assessed most coastal waters as "fair" to "poor"). AMSA noted that the draft report "develops and uses indicators based on data sets inconsistent with state 305(b) and 303(d) reports, unilaterally develops new benchmarks while neglecting existing ones, and endorses the use of inappropriate national indicators." AMSA suggests that if the Agency is committed to finalizing the report, the indicators should be replaced with state-approved water quality standards as a more appropriate and consistent gauge of coastal water quality conditions. AMSA's comments can be found on the Member Pipeline at: http://www.amsa-cleanwater.org/private/legreg/outreach/outreach.cfm. CONTACT: Chris Hornback, AMSA 202/833-9106.

 

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Wet Weather Issues

CSO Water Quality Standards Guidance: On January 3, 2001 EPA published a draft of its Guidance on Implementing the Water Quality-Based Provision in the CSO Control Policy for a 60-day public comment period. The draft guidance outlines a process for coordinating a CSO community's long-term control plan process with the review of state water quality standards. Copies of the draft guidance document, EPA's summary letter and fact sheet were distributed to the AMSA membership via Regulatory Alert RA 01-1. AMSA submitted comments to EPA's Office of Wastewater Management on March 9, 2001. AMSA supports the development of this guidance as a useful tool for CSO communities, and as a potential resource for tightening the relationship between water quality standards and actual wet weather conditions. This letter is also posted in the Member Pipeline's Correspondence & Outreach section, www.amsa-cleanwater.org. As a result of the Wet Weather Water Quality Act of 2000, the Agency is required by Congress to complete work on the guidance by July 31, 2001. CONTACT: Greg Schaner, AMSA 202/296-9836, or Tim Dwyer, EPA 202/260-6064.

AMSA Urges EPA to Implement Consistent Approach on Wet Weather Blending: On March 1, 2001 AMSA and other municipal advocates met with EPA officials to further develop a national policy on the blending of wet weather flows. "Blending" (also referred to as "recombination", "slipstreaming", and "internal bypassing"), is the practice of mixing partially-treated, disinfected wet weather flows with fully treated effluent prior to discharge to meet secondary treatment standards during wet weather events. In the wake of several EPA Regions asserting that blending is prohibited under the bypass regulations, EPA Headquarters is clarifying that this practice is permitted under certain prescribed conditions. In late February 2001, EPA Acting Assistant Administrator for Water Diane Regas sent letters to several Members of Congress in response to requests for EPA's position on blending. The Regas letters outline the same approach presented in the Agency's January 19, 2001 "Current [draft] Thinking on Peak Flows at POTWs" (distributed via Regulatory Alert 01-3). The National Office plans to meet with the Agency in late Spring, 2001 to share specific comments on the draft policy. Overall, the members who submitted comments were supportive of EPA's draft policy, but suggested ways in which the document could be improved. The Agency is currently working on guidance to implement their draft blending policy. CONTACT: Greg Schaner, AMSA at 202/296-9836 or Kevin Weiss, EPA at 202/564-0742.

 

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Other Issues

EPA Releases Awaited Endangered Species Act MOA: Culminating more than seven years of sporadic negotiations, on February 22 EPA published a Memorandum of Agreement (MOA) designed to improve Endangered Species Act (ESA) compliance and coordination between EPA, the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS). The MOA promotes enhanced interagency cooperation and improved recovery of endangered species and critical habitat and provides mechanisms for the FWS and NMFS to participate in EPA's development of water quality criteria and standards, as well as recognize any unique requirements for listed and proposed species and designated and proposed critical habitat. The MOA also identifies a collaborative mechanism for planning and prioritizing future CWA/SEA actions, and for resolving any potential conflicts or disagreements between agencies. However, the final MOA does not resolve specific issues raised in AMSA's April 1999 comments. The MOA still commits EPA to propose amendments to the water quality regulations at 40 CFR Part 131, a step AMSA supports. However, EPA also commits to propose a "prohibition on mixing zones or variances that would be likely to cause jeopardy" -- language AMSA recommended EPA delete. AMSA could have concerns with a proposed mixing zone prohibition depending on how EPA eventually crafts this language. AMSA also recommended that EPA not pursue national consultation on published criteria for the protection of aquatic life, and instead perform state-by-state consultations of water quality standards. The final MOA retains the national consultation approach and rejects state-by-state evaluations as inefficient. Since the MOA is an internal management document, it will be difficult to challenge provisions of the final agreement. However, the MOA provides for revisions over time, and AMSA may raise critical issues to EPA for consideration in future MOA updates. The MOA addresses the protection of endangered and threatened species under the Water Quality Standards and NPDES programs established by CWA §§ 303(c) and 402. The MOA can be viewed at www.epa.gov/ost/standards/esa.html CONTACT: Greg Schaner, AMSA, 202/296-9836.

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