AMSA May 2004 Regulatory Update

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The Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the May 2004 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to June 4, 2004. Unless another contact person is specifically listed, call Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or email him at chornback@amsa-cleanwater.org with any questions or input you have concerning the Update topics.

Top Stories

AMSA to Move Forward with Several New Projects under Newly Renamed Action Fund
At its May 2004 National Environmental Policy Forum & 34th Annual Meeting (Policy Forum), AMSA announced that it has renamed the Technical Action Fund the Targeted Action Fund (TAF) to better represent the wide range of projects it supports. Several new TAF projects were approved by the Association’s Board of Directors at its meeting during the Policy Forum. The first was an approval to move forward with Task 2 of a project to conduct a comprehensive review of EPA’s WATER9 model to ensure that volatile organic compound (VOC) and hazardous air pollutant (HAP) emissions estimates developed using the model are based on sound science. Task 2 consists of an evaluation of the algorithms and codes of the model that are resulting in faulty predictions of emissions. The contractor will create a white paper that AMSA member agencies can use to outline to state and local air permitting authorities how the WATER9 model erroneously predicts emissions, and to support requests that alternatives to the WATER9 model be used to estimate HAP emissions.

The Board also approved funding for a review of a U.S. Fish and Wildlife Service (FWS) report on the protectiveness of Clean Water Act (CWA) Section 304(a) criteria for methylmercury. The funds approved will support a joint project with the California Association of Sanitation Agencies (CASA) and the Federal Water Quality Coalition (FWQC) to hire a consultant to conduct a technical review of the FWS report entitled, “Evaluation of the Clean Water Act Section 304(a) Human Health Criterion for Methylmercury: Protectiveness for Threatened and Endangered Wildlife in California.” The conclusion of the report is that CWA Section 304(a) methylmercury fish tissue criterion of 0.3 mg/kg is not protective of certain endangered species in California. The report, however, makes a number of assumptions that potentially mischaracterize methylmercury’s behavior in aquatic ecosystems. Since this report is expected to have a significant impact on the promulgation of mercury criteria for California and potentially serve as a precedent for other states, members of AMSA’s Mercury Workgroup, CASA and the FWQC have determined that a detailed review of the report is necessary.

A third TAF project approved will ensure that the voice of publicly owned treatment works (POTWs) is heard throughout the development of international standards for the wastewater services sector by the International Organization for Standardization (ISO), which is now on a fast track. The ongoing funding allows AMSA to send one or more of AMSA’s ISO registered-experts to upcoming international ISO meetings. The final approval of the standard is planned for July 2005.

AMSA Poised to Submit Data to EPA in Support of Pretreatment Streamlining Rule
As the June 4 extended deadline to submit AMSA’s Pretreatment Streamlining Survey looms, AMSA has begun the process of organizing the information in order to provide the U.S. Environmental Protection Agency (EPA or Agency) with data supporting the Association’s main points of interest in the rule. To date, AMSA has received nearly 100 responses from both member and non-member agencies. The data gathered from the survey is critical to the success of the Pretreatment Streamlining Rule. In recent weeks, including at AMSA’s Policy Forum, the Association received several requests from EPA to submit such data as the Agency gears up to finalize the rule. Also at the Policy Forum, AMSA learned that the Natural Resources Defense Council will soon provide the Agency with comments, most likely in opposition to several of the Association’s main points in the rule – further stressing the importance of this data.

AMSA thanks everyone who has participated in this critical effort. Those still wishing to complete the survey may find it online in an easy-to-use web format (http://www.amsa-cleanwater.org/advocacy/co/ra04-12.cfm). For more information, please contact AMSA’s Will Pettit at 202/833-3280 or wpettit@amsa-cleanwater.org.

Register Today for AMSA’s Summer Conference on Evolving and Emerging Technical Issues
AMSA’s upcoming Summer Conference, Leading the Way… POTWs Take Environmental Protection Beyond the Pipe, will be held at the Westin Tabor Center in Denver, Colorado, July 20-23. This year’s agenda will focus on evolving and emerging technical issues that will alter wastewater treatment practices. POTWs are increasingly focused on non-traditional, and highly technical, beyond-the-pipe issues, and this conference will provide a forum to discuss how these new complexities are affecting national policy and POTW operations.

Panels will examine a broad range of issues facing the POTW community, including legal and regulatory trends that are shaping the designated use debates; the need for increased monitoring and the potential effects this additional data may have on POTWs; the use of wetlands to control nutrient levels; the enormously important and increasingly complex dynamics of water quality and reuse issues; as well as the need to focus more attention on collection systems and their impacts on wet weather issues. The fact that the meeting takes place in Denver will provide an excellent opportunity for a case study on how arid conditions may further complicate these already challenging issues.

We hope you will join us as we take a look “beyond the pipe”. Register online to find the most up-to-date information on the 2004 Summer Conference (http://www.amsa-cleanwater.org/meetings/04summer/).

Biosolids

AMSA and WERF Release New Survey on Biosolids Incinerator Monitoring Systems
Given the problems that some POTWs 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, AMSA and the Water Environment Research Foundation (WERF) are conducting a joint survey to collect information on the following: 1) Current THC/CO emissions from biosolids incinerators; 2) Extent of the operation and maintenance (O&M) 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 June 15, 2004. For more information, please contact AMSA’s Will Pettit at 202/833-3280 or wpettit@amsa-cleanwater.org.

Water Quality

AMSA to Comment in Support of Long-Awaited Proposed Mercury Test Method, Among Others
AMSA is preparing to submit comments next week on an April 6 proposal to approve Method 245.7 for the analysis of mercury in wastewater, as well as a long list of new and updated test procedures for the analysis of various pollutants under the Clean Water Act (CWA) (69 Fed. Reg. 18166). This proposal comes after six years of advocacy by AMSA in support of Method 245.7.

If approved, Method 245.7 will provide many POTWs with a cost-effective alternative for monitoring mercury in their influent and effluent. Currently, POTWs are encouraged to use Method 1631 for mercury detection, a more sensitive but expensive method. Given that the detection and quantitation levels for Method 245.7 are higher than those for Method 1631, the new performance-based method will be of most use in measuring influent levels of mercury and for industrial user pretreatment compliance, but will not be a viable option where effluent limits are extremely low, such as in the Great Lakes.

AMSA appreciates the effort of numerous member agencies to submit comments to the Association. AMSA is currently compiling the comments it has received and will submit AMSA’s national comments by the June 7 deadline.

EPA’s Clean Beaches Efforts, Including State Bacterial Standards, Receive Attention at Policy Forum
In an April 20 press release, echoed at AMSA’s Policy Forum by Geoff Grubbs, Director of EPA’s Office of Science and Technology, EPA officially announced its decision to promulgate bacteria standards for 24 coastal states and territories that had not updated their existing water quality criteria as of April 10, 2004, a deadline imposed by the Beaches, Environmental Assessment and Coastal Health (BEACH) Act of 2000. EPA has committed to propose by June 30, 2004 federal standards for bacteria, consistent with its 1986 criteria, for the states and territories that have not yet done so. This rule will ultimately impact POTWs discharging to coastal waters and AMSA encourages members in the affected states, who have not already done so, to begin to evaluate whether their plants will be able to comply with limits based on the new standards. To assist the membership, AMSA developed a table, found in AMSA’s Regulatory Alert 04-10 (http://www.amsa-cleanwater.org/private/regalerts/ra04-10.cfm), outlining the status of all 35 coastal states and territories. EPA’s April 20 announcement also outlined the Agency’s “Clean Beaches Plan,” designed to accelerate progress at the federal and state level to meet all of the requirements of the BEACH Act. More information on the “Clean Beaches Plan” is available on the EPA’s website (http://www.epa.gov/beaches/plan.htm).

AMSA has also learned that release of EPA’s implementation guidance for its 1987 bacteria standards has been put on hold indefinitely due to unresolved issues that some states have with the guidance. EPA may develop interim guidance and will work with states as needed. In a related matter, on April 28, EPA announced the availability of an additional $10 million in grants to help coastal states monitor water quality at beaches and upgrade contamination notification programs. These funds were originally authorized under the 2000 BEACH Act. AMSA will continue to keep the membership informed of developments related to the BEACH Act.

AMSA to Comment on U.S. Commission on Ocean Policy’s Preliminary Report
AMSA will be submitting comments this week on the U.S. Commission on Ocean Policy’s Preliminary Report, which provides EPA and other federal agencies with recommendations on managing the quality of the nation’s coastal waters. While the focus of the report is on coastal waters, the recommended actions would have national implications on all types of waterways, and, therefore, for the nation’s POTWs. While the report makes hundreds of recommendations, AMSA’s interest lies primarily with the commission recommendation that EPA and states should require advanced nutrient removal for all wastewater treatment plant discharges into nutrient-impaired waters. AMSA has long advocated that nutrient issues must be addressed at the watershed level to protect the use or uses of a particular waterbody. Simply requiring POTWs on a national level to reduce nutrient loadings will not solve what is a multi-media problem, with unique, site-specific issues in each circumstance.

A second aspect of the report that AMSA is interested in is the recommendation to develop a national water quality monitoring network. AMSA fully supports increased water quality monitoring, and agrees with the report’s recommendation for increased funding in this arena. Relating to funding, the third main piece of the report that AMSA will comment on is the commission’s support for a national, sustainable, long-term clean water funding source. AMSA agrees with the report that there needs to be federal involvement in order to bridge the ever-growing funding gap for wastewater utilities.

AMSA Releases Total Maximum Daily Load Handbook at Policy Forum
At the May Policy Forum, AMSA announced the release of our newest publication, Creating Successful TMDLs … An AMSA Handbook. The handbook is a unique resource for the growing number of POTWs facing the development and implementation of total maximum daily loads (TMDLs) in their watersheds. Developed through AMSA’s TAF and in partnership with AMSA affiliate law firm Barnes & Thornburg, the handbook is the latest in cutting-edge resource tools prepared by the Association to benefit the clean water community. A dedicated group of AMSA member agency and POTW attorneys, engineers, and water quality specialists contributed to the content of the handbook to assure that it offers not only the most timely and current information on regulatory, legal, and policy developments in the TMDL arena, but also contains effective strategies for managing the TMDL process and participating in TMDL development.

Each AMSA member agency and affiliate will receive a copy of the handbook free of charge. Complimentary copies also will be provided to all attendees at AMSA’s 2004 Summer Conference, Leading the Way... POTWs Take Environmental Protection Beyond the Pipe, to be held July 20-23 at the Westin Tabor Center, in Denver, Colo. Additional copies of the handbook can be ordered on the AMSA website (http://www.amsa-cleanwater.org/pubs/index.cfm). Please contact Robin Davis, AMSA’s Manager of Marketing and Membership Development with any questions regarding this publication at 202/533-1802 or rdavis@amsa-cleanwater.org.

Wet Weather

Policy Forum Attendees Learn of EPA’s Progress on Several Wet Weather Priorities
AMSA’s Policy Forum included updates on numerous wet weather issues from high-ranking EPA officials. The long-awaited Combined Sewer Overflow (CSO)/Sanitary Sewer Overflow (SSO) Report to Congress is still in the Office of Management and Budget’s review process. Jim Hanlon, Director of the Office of Wastewater Management at EPA, noted that the report should be released in the next month. Preliminary indications are that the report will conclude that overflows can have significant impacts on the local level but that their effects are less observable at the national level. Hanlon also noted that the Agency’s efforts on its SSO rule remain on the back burner. For the first time, Hanlon intimated that EPA may try to address portions of the rule through guidance instead of regulation.

EPA also continues to review the more than 90,000 comments received on the blending policy. Hanlon and other EPA officials made it clear that they will provide Acting Assistant Administrator for Water, Ben Grumbles, with options for moving forward on the policy by the end of summer. AMSA will continue its advocacy on behalf of a national SSO rule and a final blending policy and will update the membership of any developments.

Conferences & Awards

AMSA’s 2004 Policy Forum Showcases Numerous Individual and Member Agency Award Winners
AMSA’s Policy Forum highlighted this year’s National Environmental Achievement Award winners selected by AMSA’s Awards Committee. This year’s award recipients were honored at the Policy Forum's Welcoming Reception on Sunday, May 23, and during AMSA's Awards Luncheon on Monday, May 24. AMSA congratulates the 2004 award winners, which include some 15 individual achievement awards, 10 member agency achievement awards, 19 platinum peak performance awards (members who have received gold awards for five consecutive years), 109 gold peak performance awards (for 100% compliance with their National Pollutant Discharge Elimination System (NPDES) permits in the past calendar year), and 64 silver peak performance awards (no more than five NPDES permit violations in the past calendar year).

AMSA Members Eligible for Clean Water Act Recognition Awards, Deadline Approaches
EPA continues to accept nominations for its National Clean Water Act Recognition Awards (69 Fed. Reg. 13826). These awards honor municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution prevention programs. Eligible programs include operations and maintenance at POTWs, biosolids management, pretreatment programs, stormwater management, and combined sewer overflow controls, among others. This is a prime opportunity for AMSA members to educate the public on the contributions that POTWs make to clean water, and garner additional public support and recognition for wastewater treatment efforts. EPA recognizes award winners each year during the Water Environment Federation’s Technical Conference (WEFTEC). AMSA also honors those POTWs receiving pretreatment awards at the annual National Pretreatment Coordinators Workshop. Nominations are due to EPA no later than June 18, 2004. Applications and program information are available on EPA’s website (http://www.epa.gov/owm/intnet.htm).