AMSA November 2003 Regulatory Update

Click here for previous updates.

The 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.