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To: Members & Affiliates From: National Office Date: November 2000 The National Office is pleased to provide you with the November 2000 Regulatory Update. This Update provides an overview of relevant regulatory issues current to December 11, 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.
EPA Exempts Sewage Sludge Incinerators from Section 129 Rule
On December 1, EPA published in the Federal Register final standards and guidelines for new and existing commercial and industrial solid waste incineration units under sections 111 and 129 of the Clean Air Act. The rule, which was proposed on December 28, 1994, exempts 15 types of units from regulation, including sewage sludge incinerators (see p. 75365 FR notice) from implementing maximum achievable control technology (MACT) requirements for reduction of air pollutants. The Agency based its final rulemaking on the recommendations, information, and data analysis results submitted by the Industrial Combustion Coordinated Rulemaking (ICCR) advisory committee under the Federal Advisory Committee Act. Members of AMSA’s Air Quality Committee were represented on the Coordinating Committee and work groups for boilers, RICES, CTs, incinerators and the source testing workgroup. The rule is posted online at: www.epa..gov/fedrgstr/EPA-AIR/2000/December/Day-01/a29875.cfm.
EPA Issues Part 503 Guidance for Land Application of Domestic Septage
EPA has issued a PDF version of its Part 503 guidance to assist septic tank pumpers, haulers, and others who apply only domestic septage to non-public contact sites. These sites include agricultural land, forests, and reclamation sites. The document provides reference to Federal rules that govern other alternatives for the use and disposal of septage. In addition, the guidance discusses the relationship of the Federal domestic septage regulation to State requirements. The guidance can be found at: http://www.epa.gov/owm/pdfs/septage_guide.pdf
EPA Prepares Publication of Proposed Guidelines for Metal Products and Machinery
AMSA’s Pretreatment and Hazardous Waste Committee is beginning to review EPA’s proposed Metal Products & Machinery (MP&M) effluent guidelines, which were signed on October 31 by EPA Administrator Carol Browner. While EPA has indicated that the proposed rule may not be published in the Federal Register until just before Christmas, AMSA is plans to meet with industry association representatives to discuss concerns with the proposal on December 12.EPA estimates that there are a total of 89,000 facilities captured by the proposal. Attendees at this year’s AMSA/EPA Pretreatment Coordinators Workshop November 15-17 in Tucson, AZ were provided a detailed summary of the proposed guideline by EPA officials. AMSA representatives noted the significant resource impacts that the proposal would have on pretreatment programs nationwide, while questioning many of the rules potential benefits. AMSA distributed the pre-publication version of the proposal to its Pretreatment and Hazardous Waste Committee, and attendees of this year’s workshop. A full copy of the proposal will be transmitted to the membership via Regulatory Alert when it is published in the Federal Register. A 120-day comment period is expected once the rule is published.
AMSA Mixing Zone Survey Reveals Serious Impact of Proposed Reg on POTWs
EPA announced on November 2 its intention to propose a national rule restricting the use of "mixing zones" in all states (see Regulatory Alert RA 00-21). The proposed rule announcement signals EPA’s intent to consider a wide range of mixing zone restrictions nationwide including: 1) the outright ban on the use of all mixing zones for all pollutants; 2) a more flexible State-driven approach, as well as; 3) the ban of mixing zones for bioaccumulative chemicals, similar to the final rule applied to the Great Lakes region.The National Office conducted a membership survey over the past three weeks to determine the extent to which such a regulation would affect POTWs. A total of 55 members (22 percent of the 255 AMSA public agency members) participated in the survey which carried a deadline of December 4. A preliminary analysis of the responses reveals that 58 percent use a mixing zone to comply with water quality standards, 95percent of which are directly authorized in their discharge permit to do so. Among the pollutants for which members use a mixing zone are metals, toxicity, temperature, ammonia, fecal coliform, PCBs, and chlorine residuals. For those pollutants for which a mixing zone is used, 80 percent replied that they would not be able to meet end-of-pipe limits if required. The results of the survey will enable AMSA to represent the members’ interests most effectively in future advocacy efforts.
EPA Requests TMDL Cost Information
On December 4, EPA published in the Federal Register a request for comments on the costs associated with the TMDL program. Congressional Committee Reports accompanying EPA's appropriations for fiscal year 2001 direct EPA to conduct a comprehensive assessment of State and regulated community costs related to TMDLs, to solicit comments on these costs, and to present the results of the study to Congress within 120 days of the signing of the appropriations bill. The information submitted in response to EPA's Federal Register notice will be used by the Agency in the development of the report that must be sent to Congress.According to the notice, EPA is seeking information on the costs to the regulated community for complying with TMDLs, including any savings that may result from more cost-effective pollution control approaches developed through the TMDL process. Some of the costs identified by AMSA's TMDL Workgroup include costs associated with the up-front science, data collection, the decision-making process to resolve difficult technical and policy issues, regulatory costs, and legal costs. Cost estimates can reflect real or potential TMDLs. In submitting potential costs, POTWs have an opportunity to discuss specific cost savings that can be achieved by using alternative approaches. AMSA distributed the notice to the membership via Regulatory Alert RA 00-23.
AMSA Voices Concern on Consolidated Assessment and Listing Guidance
On December 4, EPA hosted a second series of stakeholders meeting concerning the development of a Consolidated Assessment & Listing Methodology (CALM) guidance to states for identifying and tracking impaired waters. EPA is developing CALM guidance with stakeholder input, and AMSA has actively participated in reviewing the guidance throughout its development. Section 305(b) of the Clean Water Act requires states and other jurisdictions to submit biennial water quality reports to EPA . Under Section 303(d), states are required to identify waters that are not attaining water quality standards and develop Total Maximum Daily Loads (TMDLs) for these waters.Based on the meeting and a draft version of the guidance posted on EPA’s website at www.epa.gov/owow/monitoring/calm.cfml, the CALM process could help municipal wastewater agencies by holding states more accountable for data quality and listing decisions. One important aspect of this process includes EPA’s development of "minimum adequate elements" that each state must meet to qualify for federal Clean Water Act Section 106 funding earmarked to address the total maximum daily load development backlog. EPA is also interested in using the CALM process to provide clearer distinctions between the data amount and quality necessary for 305(b) versus 303(d) lists. One of AMSA’s main concerns includes ensuring that only measured data (as opposed to probablistic or modeled data) will be used in 303(d) listing decisions. Waters defined as impaired using probabalistic data are more appropriately listed under 305(b) and can be targeted for more monitoring. AMSA plans to file comments on the draft guidance prior to EPA’s December 15 deadline. EPA expects to issue a final guidance in May 2001.
EPA Releases Draft Reference Dose for Methylmercury Criteria Development
On November 14, EPA announced the release of a draft reference dose document in support of a revised ambient water quality criterion for methylmercury. The reference dose (Rfd) is an estimate of a daily exposure to the human population that is likely to be without an appreciable level of risk of deleterious effects during a lifetime. An RfD is one of the major factors used by EPA and states in establishing water quality criteria for protection of human health.In a related October 12 Federal Register notice, EPA announced its intent to update the ambient water quality criteria on methylmercury. Existing water quality criteria for methylmercury was developed in 1980. EPA is updating the criteria for methylmercury using new methods, information, and data. EPA has also indicated its intent to follow the recommendations of a 1999 National Research Council report concerning the Rfd for methylmercury. The Rfd developed in this assessment is 0.1 ug/kg per day, which is the same Rfd derived by EPA in 1995. A copy of the document can be obtained from http://www.epa.gov/ost/criteria/methylmercury.
EPA Releases National Water Quality Report on Web
On November 8, EPA released on the web its biennial 1998 National Water Quality Report, required by Section 305(b) of the Clean Water Act. States, tribes, territories and interstate commissions report that, in 1998, about 40% of U.S. streams, lakes and estuaries that were assessed were not clean enough to support uses such as fishing and swimming. About 32% of U.S. waters were assessed for this national inventory of water quality. Leading pollutants in impaired waters include siltation, bacteria, nutrients and metals. Runoff from agricultural lands and urban areas are the primary sources of these pollutants. A copy of the report can be found at: http://www.epa.gov/305b/98report/.
Regulatory Strategy Session to be held at Winter Conference
As the Association positions itself to actively engage the new Administration and 107th Congress, AMSA’s 2001 Winter Conference presents an excellent opportunity for the membership to discuss ongoing and new legislative and regulatory initiatives. To facilitate this process, AMSA’s Legislative and Regulatory Policy Committees will host Strategy Sessions in lieu of their regular meetings. The Legislative Strategy Session will take place from 12:15 - 1:45 pm on Wednesday, January 31, 2000. On the agenda will be issues related to water infrastructure funding, TMDLs, wet weather, biosolids, as well as other issues identified by the membership. AMSA’s Regulatory Strategy Session will take place on February 2 from 7:15 - 8:45 am, and will focus on the impact of a new Administration on current Agency rulemaking and guidance development efforts.
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