Member Pipeline - Regulatory - November 2003 Update
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| To: | Members & Affiliates, Regulatory Policy Committee, Legal Affairs Committee |
| From: | National Office |
| Date: | December 5, 2003 |
Printer friendly versionThe National Office of the Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the November 2003 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to December 5, 2003. Unless another contact person is specifically listed, call or email questions to Chris Hornback, AMSA’s Regulatory Affairs Director, at 202/833-9106 or chornback@amsa-cleanwater.org.
Biosolids
AMSA to Comment on EPA/NRC Recommendations for
Radioactive Material in Biosolids
On November 26, 2003, the Nuclear Regulatory Commission (NRC)
published three reports concerning radioactivity in sewage sludge (68 Fed.
Reg. 66503). In response to a 1994 General Accounting Office report, the NRC
and the U.S. Environmental Protection Agency (EPA or Agency) began an effort to
evaluate radioactive materials in biosolids. The Interagency Steering Committee
on Radiation Standards (ISCORS), the governing body directing EPA and NRC’s
efforts, through its sewage sludge subcommittee, worked to create a guidance
document for publicly owned treatment works (POTWs), giving recommendations on
management of radioactive material in biosolids, which is the most significant
of the three reports. The other two reports detail the results of the survey
ISCORS conducted and a detailed dose assessment, which together provide the
basis for ISCORS’ recommendations.
EPA and the NRC concluded that levels of radioactive material in biosolids do not pose a risk to POTW workers or the general public. The guidance does, however, recommend that POTWs evaluate potential sources of radioactive materials and establishes a guideline level of exposure of 10 millirem/year (rem = radiation equivalent man – the unit of radiation dose for estimating the body’s effects from exposure to ionizing radiation), above which POTWs are recommended to consult with the appropriate state agencies and perform further investigations. Radon, a naturally occurring radioactive material, need not be included in the threshold calculations, but POTWs are encouraged to monitor its levels in enclosed sludge handling areas. While the 10 mrem/year level is not a regulatory requirement, AMSA will solicit member comments via a forthcoming Regulatory Alert on the action level and other elements of the reports. All three reports may be found on the ISCORS website at http://www.iscors.org/library.htm.
EPA Continues to Support Land Application of Biosolids,
Will Respond to Food Safety Petition
In recent weeks, EPA has continued to show its support for land
application as a responsible, environmentally safe use of biosolids. The Agency
maintains that there is no scientific evidence that land application of
biosolids poses a risk to human health and stands by its Part 503 (c) rule. This
comes after AMSA, along with a coalition of biosolids stakeholders, sent a
letter on October 24 to EPA’s Acting Administrator, Marianne Horinko, urging the
Agency to deny a petition by the Center for Food Safety (CFS), which called for
an immediate moratorium on the land application of biosolids, along with rule
making to eliminate land application as a permitted practice. The coalition
letter can be found on AMSA’s website at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-10-24resp.pdf.
G. Tracy Mehan, III, Assistant Administrator of Water, responded on November 21
to AMSA’s concerns, saying “I can assure you that the Agency is carefully
evaluating the information you cited, as well as other information, as we
prepare our response to the CFS petition.”
EPA further clarified its support of land application in a letter dated November 28 from James Hanlon, Director of the U.S. Environmental Protection Agency’s (EPA or Agency) Office of Wastewater Management (OWM) to Greg Kester, State Residuals Coordinator of the Wisconsin Department of Natural Resources, stating that “Administrator Leavitt asked that I respond to you on his behalf,” adding that EPA “continues to support land application , incineration and disposal in municipal solid waste landfills . . . in compliance with 40 CFR Part 503 as viable options for the use and disposal of biosolids.” The letter also re-emphasized support for the work of the National Biosolids Partnership, noting that it is “leading to adoption of voluntary Environmental Management Systems for biosolids” and stated that EPA’s final response to the CFS petition will be issued in January 2004. This letter can be found at http://www.amsa-cleanwater.org/temp/2003-11-28letter.pdf.
Pretreatment
AMSA’s 2003 Pretreatment Coordinators Workshop Moves Key
AMSA Issues Forward
With nearly 250 attendees, the 2003 AMSA/EPA
Pretreatment Coordinators Workshop held November 19-21, 2003, in Seattle,
Wash., featured many dynamic speakers, on a variety of timely topics including
managing industrial user discharges, effluent limitations guidelines, emerging
pollutant challenges, fats, oils, and grease, and sanitary sewer overflows.
Conference attendees were afforded an exceptional opportunity to interact with
other professionals in the pretreatment community as well as state and federal
regulators during discussions, panels and roundtable sessions. Elaine Brenner,
EPA’s Associate Director of the Water Permits Division in OWM informed AMSA that
the Agency has resumed work on the Pretreatment Streamlining Rule in hopes of
publishing a final rule in late 2004. AMSA will continue to urge the Agency to
do so and plans to meet with key OWM officials in early December to further
discuss the Association’s position. Also, Mary Smith, Director of EPA’s
Engineering and Analysis Division in the Office of Science and Technology noted
that the draft 304(m) plan will be published in December 2003, with a 45 day
comment period, followed by a final plan late in 2004. To download conference
presentations, go to the Association’s website at
http://www.amsa-cleanwater.org/meetings/03pret/ppt/. Thanks to all who
helped make this year’s Workshop a success. Mark your calendars now for
next year’s meeting in Norfolk, Virginia on October 27 – 29!
Water Quality
AMSA in Discussions with EPA on Concept of Voluntarily
Sharing Monitoring Data
On November 25, AMSA met with EPA, the states, the Water
Environment Federation, and several drinking water stakeholders to discuss
further the Agency’s interest in the voluntary submission of ambient water
quality monitoring data by POTWs and other stakeholders. EPA believes this data
would strengthen the Agency’s national monitoring program and increase the
available data in the national STORET (short for STOrage and RETrieval)
database. STORET is a repository for water quality, biological, and physical
data. AMSA is generally supportive of the Agency’s desire to increase the
quantity and quality of data in STORET, but is unsure whether POTWs will
voluntarily perform ambient monitoring or provide data they may already collect,
given the cost associated with the monitoring and potential permitting
consequences. Those POTWs that deal with wet weather issues or municipal
separate storm sewer (MS4) permits may already be required to submit this type
of data to the permitting authority and may be a source for additional data.
However, AMSA cautioned the Agency that it should make POTWs aware of both the
pros and cons of submitting such data. AMSA plans to discuss this further with
the Agency and with the Water Quality Committee at its Winter Meeting in
February.
Watershed Rule Lingers at Budget Office, Democrats
Pressure EPA to Review Impacts Further
AMSA has learned that while the Watershed Rule remains bogged
down in informal review at the Office of Management and Budget (OMB), Senate
Democrats have pressured the Administration to ensure that a rule proposal would
not, in fact, make the problem of polluted waters worse. Certain Democrats in
the Senate are taking issue with the new requirements pertaining to the total
maximum daily load (TMDL) program. Senator James Jeffords (I-Vt.), the ranking
member of the Senate Environment and Public Works Committee, among others, has
asked EPA to “halt the progress of the TMDL rule until a determination based on
actual factual analysis has been made that the rulemaking will improve water
quality more quickly than the current regulatory structure.” AMSA is meeting
consistently with key fellow stakeholders to discuss a number of Watershed Rule
issues, including a potential congressional effort demonstrating their support
for EPA to move forward with proposing the rule. AMSA will provide members with
updates on the Watershed Rule as developments occur.
Wet Weather
EPA Issues Blending Guidance, AMSA Seeks Member Comment
On November 7, 2003, EPA released for public comment its draft
blending policy (68 Fed. Reg. 63042) which provides a proposed interpretation of
the bypass provision (40 CFR 122.41(m)) as it applies to alternate wet weather
treatment scenarios at POTWs that use blending, and gives draft guidance on how
such an interpretation should be implemented. EPA’s proposal clarifies that
blending is not a prohibited bypass and can be authorized in a National
Pollutant Discharge Elimination System (NPDES) permit if six key “principles”
are followed. The policy’s main substance — the six principles — and a number
specific issues on which EPA is seeking comment are detailed in a Regulatory
Alert found on AMSA’s website at
http://www.amsa-cleanwater.org/private/regalerts/ra03-14.cfm. AMSA is
currently seeking member comment by December 15 so that the Association can
submit comments to the Agency by the January 9, 2004 deadline. The Association
has learned that environmental groups are going to provide numerous comment
letters in opposition to the guidance. To counter this effort, AMSA strongly
urges members to review the Regulatory Alert and comment on this important
issue. AMSA will also continue its initiative to ensure that Congress and the
media fully understand that the blending guidance is not an environmental
rollback but, instead, simply clarifies long-standing policy and is a sound,
environmentally beneficial practice. The blending policy and more information
can also be found on the Agency’s website at
http://cfpub.epa.gov/npdes/cso/blending.cfm.
AMSA Meets with EPA on Capacity Matrix, Key Wet Weather
Issues
On November 14, AMSA met with key EPA staff to discuss the
Association’s recently completed Capacity Setting Matrix and other key wet
weather issues. The purpose of the Matrix and the meeting was to provide
additional information to EPA on capacity-setting methodologies, both to support
an eventual SSO Rule and to serve as a tool for wastewater utilities when
discussing capacity issues with permitting authorities or when responding to
enforcement actions. The Matrix can be found on AMSA’s website at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-09-12FinalMatrix.pdf.
Both Martin Umberg, Sewer Chief Engineer at the Metropolitan Sewer District of
Greater Cincinnati, Ohio and Karen Pallansch, Director of Environmental Services
at Alexandria Sanitation Authority, Va., attended the meeting at AMSA’s National
Office and provided critical input on the challenges overflows pose to their
utilities. Other issues discussed included the Agency’s Sanitary Sewer Overflow
(SSO) Rule, which will likely be delayed until the Agency’s blending policy is
final, which could take several months. AMSA also learned that EPA’s Report to
Congress on the impacts of sewer overflows will not be finished by the December
15 deadline. EPA plans to officially send the report to OMB later this month,
after it completes a reworking of some data analyses. AMSA’s concerns with the
data presented at stakeholder meetings during the summer were among the issues
EPA is addressing with its revisions. These concerns were expressed in AMSA’s
August 21 letter to EPA’s Assistant Administrator for Water, G. Tracy Mehan,
III, found at
http://www.amsa-cleanwater.org/private/legreg/outreach/2003-08-21RTC.pdf.
A final report is not expected to Congress until some time in 2004.
EPA Staffing
EPA Water Chief Announces Resignation
G. Tracy Mehan, III announced late in November that he will be
resigning as Assistant Administrator for EPA’s Office of Water, effective
December 29, 2003. The Association has enjoyed a close working relationship with
Mehan and the Office of Water on a host of key clean water priority issues,
including blending, watershed permitting, infrastructure funding, security and
biosolids issues, to name but a few. AMSA will miss Tracy's leadership on these
issues, but will work to develop an equally strong relationship with his
replacement, who will be named at a later date. AMSA will provide members with
more information regarding potential replacement for Mehan as soon as it becomes
available via future Updates and Alerts. AMSA will send Tracy a
letter on behalf of the membership thanking him for his leadership on municipal
clean water issues and wishing him well in his future endeavors.