AMSA September 2003 Member Update

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The National Office of the Association of Metropolitan Sewerage Agencies (AMSA) is pleased to provide you with the September 2003 Regulatory Update. This Update provides a narrative summary of relevant regulatory issues and actions current to October 8, 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.

Upcoming Meetings

Join EPA Officials and Fellow AMSA Members to Discuss Key Clean Water Topics at WEFTEC
The National Office is pleased to invite you to attend AMSA's Hot Topics Breakfast during WEFTEC 2003 in Los Angeles, Calif., on October 14 from 8:00-10:00 a.m., in the Santa Barbara Room of the Westin Bonaventure Hotel, 404 S. Figueroa Street.

We will focus our discussions on legal and regulatory topics currently in the national spotlight, including wet weather, total maximum daily loads (TMDLs), pretreatment, infrastructure funding, and water and wastewater security issues. Jim Hanlon, Director of EPA’s Office of Wastewater Management, Chuck Sutfin, Director of the Assessment and Watershed Protection Division of the Office of Wetlands, Oceans and Watersheds, will speak at the Breakfast, along with several other EPA policy-makers to provide updates on key Agency initiatives. Also stop by AMSA’s booth (number 1606) for information about AMSA’s recent clean water initiatives and a free gift!

Register Today for AMSA’s 2003 Pretreatment Coordinators Workshop in Seattle
Register now for the 2003 AMSA/EPA Pretreatment Coordinators Workshop to be held November 19-21, 2003, in Seattle, Wash., at the Renaissance Madison Hotel. This year’s highly informative Pretreatment Workshop will feature many timely topics including: industrial user negotiations, effluent limitations guidelines, emerging pollutant challenges, fats, oils, and grease, and sanitary sewer overflows. The Workshop provides an exceptional opportunity to interact with other professionals in the pretreatment community as well as state and federal regulators during informative discussions, panels and strategy sessions. Simply stated, the Workshop is a must for any pretreatment coordinator! For more information and to register online, go to the Association’s website at http://www.amsa-cleanwater.org/meetings/03pret/.

Air Quality

AMSA Comments on Proposed Changes to Risk Management Plan Submission Requirements
On September 15, 2003, AMSA submitted comments to the EPA on its proposed rule on Accidental Release Prevention Requirements: Risk Management Program Requirements Under Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements (68 Fed. Reg. 45123), published in the Federal Register July 31, 2003. The Agency proposed, among other changes, that facilities update and re-submit their entire Risk Management Plan (RMP) within six months of the date of any accident that meets certain criteria. In the past, facilities were only required to record information on accidental releases from covered processes, and then submit that accident history with an updated RMP at least every five years. Accidents resulting in deaths, injuries, or significant property damage on-site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage would meet the criteria.

AMSA’s comments voiced general support for the proposed changes, which would enhance accident prevention, communication and security at RMP facilities, but noted concern with the burden and redundancy associated with the proposed requirements to update and resubmit an entire RMP within six months of an accident and to collect and report Occupational Safety and Health Administration (OSHA) injury and illness data in RMP submittals. The Agency is expected to review comments and finalize the rule in time for the majority of facilities to complete their five-year resubmissions by June 21, 2004. The proposed rule can be found on the Agency’s website at http://www.epa.gov/fedrgstr/EPA-AIR/2003/July/Day-31/a19281.pdf. AMSA’s comments are available on the Association’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-09-15RMPCmts.pdf. For more information, please contact AMSA’s Regulatory Analyst, Will Pettit at 202/833-3280 or wpettit@amsa-cleanwater.org.

Information Sharing

AMSA Continues to Encourage Members to Take Advantage of CleanWater Central Database
CleanWater Central, an AMSA and Water Environment Research Foundation (WERF) funded project that was unveiled at AMSA’s 2003 Summer Conference in Boston, Mass., is a centralized Internet database containing detailed technical and research information relevant to wastewater facilities. The database was developed to meet the evolving needs of AMSA and WERF members and provide a means for accessing and evaluating utility-specific statistical data. The database will also serve as the platform for future AMSA surveys, including the 2003 AMSA Index Survey, which is now being conducted via CleanWater Central.

All AMSA Member Agencies and Public Affiliates, as well as WERF Public Subscribers, and nonmember public agencies who submit baseline data, will receive free full access to CleanWater Central until September 2004. After September of next year, member and nonmember public agencies will be required to update their baseline data to maintain free access. Full access to the database may also be purchased by nonparticipating public agencies for an annual subscription fee. Private entities and organizations, such as AMSA’s private affiliates will be able to purchase blind access to the database for an annual subscription fee. AMSA is very excited about this updated informational resource and encourages all of its members to log on, review system offerings, and enter their baseline data. All you need is your AMSA User ID and Password to get started. Visit CleanWater Central online at http://www.cleanwatercentral.org.

Pretreatment

AMSA Seeks Removal of Molybdenum from Centralized Waste Treatment Effluent Guideline
On September 10, 2003, EPA published proposed amendments to certain provisions of the Effluent Limitations Guidelines (ELGs) for the Centralized Waste Treatment (CWT) Point Source Category (68 Fed. Reg. 53432). Prior to that, on August 7, 2003, AMSA, along with several industrial stakeholders, met with EPA to discuss potential revisions to the CWT ELGs, focusing on the removal of molybdenum from the Organics Subcategory, specifically noting the fact that the Agency’s recommendation of biological treatment for organic wastestreams does not consistently or effectively remove metals, making a limit on molybdenum unachievable. Based on a review of the data used to develop the rule, and more recent data submitted by industrial CWT plants, the Agency stated in its proposal that it is considering removing molybdenum from the Organics Subcategory. The proposed rule also removes selenium, barium, antimony, and titanium from various other subcategories. AMSA solicited additional comment from the membership via Regulatory Alert 03-10, found on AMSA’s website at http://www.amsa-cleanwater.org/private/regalerts/ra03-10.cfm. AMSA will provide EPA with comments by the October 10, 2003 deadline, once again urging the Agency to remove molybdenum from the Organics subcategory and supporting the rule’s removal of the above-mentioned metals. For more information or to provide additional comments, please contact AMSA’s Regulatory Analyst, Will Pettit, at 202/833-3280 or wpettit@amsa-cleanwater.org.

AMSA to Comment in Support of EPA Plan not to Develop Pretreatment Standards in Meat Rule
On August 13, 2003, EPA published a Notice of Data Availability (NODA) on the ELGs for the Meat and Poultry Products (MPP) Point Source Category (68 Fed. Reg. 48471). When EPA proposed the MPP ELG on February 25, 2002 (67 Fed. Reg. 8582), it was determined that pretreatment standards were not needed, but additional information was sought on cases of publicly owned treatment work (POTW) interference caused by MPP facilities. EPA also indicated that it would publish additional data in a NODA prior to taking final action. The August 13 NODA presents a summary of data received in comments and additional data collected since the proposal and describes how these data may be used by EPA in developing final regulations. Despite receiving data from EPA Region 5 and two states, some detailing incidents of interference, EPA considers the data received as insufficient to warrant pretreatment standards for the MPP industry. AMSA has long advocated that pretreatment standards for the MPP industry are simply not needed and will, in its comments on the NODA, commend the Agency on this decision. The final ELG for the MPP category must be published by December of this year. The deadline for comments on the NODA has been extended to October 14, 2003. The NODA is available on the Agency's website at http://www.epa.gov/fedrgstr/EPA-WATER/2003/August/Day-13/w20524.pdf. AMSA will provide comments prior to the Agency deadline. For more information, please contact AMSA’s Regulatory Analyst, Will Pettit, at 202/833-3280 or wpettit@amsa-cleanwater.org.

Water Quality

AMSA to Comment on Draft Watershed Permitting Guidance
On August 25, 2003, EPA released for comment its Draft Guidance on Watershed-Based National Pollutant Discharge Elimination System (NPDES) Permitting Implementation (68 Fed. Reg. 51011). The guidance describes the concept of, and the process for, watershed-based permitting under the NPDES permit program. Watershed-based NPDES permitting is an approach to developing NPDES permits for multiple point sources located within a defined geographic area (i.e., watershed boundaries). EPA notes that the approach is aimed at achieving new efficiencies and environmental results and provides a process for considering all stressors within drainage basins or other geographic areas, rather than addressing individual pollutant sources on a discharge-by-discharge basis. AMSA is reviewing the guidance and is soliciting member comments. Based on AMSA’s initial review, it appears that the guidance provides basic information on the concept, but does not address some of the key implementation issues. EPA does plan to issue additional guidance to address the more complex implementation issues in the near future, and AMSA members will likely have more comments on that document. The Agency’s original comment deadline of September 24 will be extended by either 30 or 60 days. AMSA will prepare comments and submit them to the Agency prior to the extended deadline. The draft guidance may be found on the Agency’s website at http://www.epa.gov/npdes/pubs/watershed_guidance_aug_03.pdf.

AMSA Learns of EPA’s Plans for a National Rule to Implement Bacteria Criteria
AMSA has learned that EPA is considering whether to develop a national rule, similar to the National Toxics Rule, that would promulgate water quality criteria for bacteria, using the indicators E. coli and enterococci for those coastal states that have not adopted them by April 10, 2004. This issue stems from a provision in the Beaches Environmental Assessment and Coastal Health Act of 2000, which can be found on EPA’s website at http://www.epa.gov/ost/beaches/beachbill.pdf, that requires all coastal states to adopt bacteria criteria as protective as EPA’s 1986 criteria by the April 2004 deadline. At this time, only 11 of 27 coastal states have adopted EPA’s criteria, and EPA is continuing its efforts to encourage the remaining states to take steps necessary to adopt and implement the criteria. The Agency is likely to publish an Advanced Notice of Proposed Rulemaking (or ANPRM) prior to the April deadline which would spell out its intention to promulgate a national rule. AMSA has voiced concerns that the proposed test methods for E. coli and enterococci, designed for ambient water, do not work in wastewater effluent. While EPA works to develop a test method that would function in effluent, states are burdened in the interim with the responsibility of finding a method that is acceptable. AMSA will continue to track this issue and will alert the membership of any further developments.

AMSA Learns of Increased EPA Focus on Issuing Expired NPDES Permits
AMSA has learned that at a September 24 monthly Agency meeting of EPA’s Office of Water staff, including Assistant Administrator for Water, G. Tracy Mehan, III, and members of the regulated community, EPA passed out two lists of facilities with expired National Pollutant Discharge Elimination System (NPDES) permits. The Agency stated its intent to work with state authorities to issue new NPDES permits in the near future for the listed facilities. One list documented permits that have been expired for five years and the other for more than ten years. The Agency indicated it will first target those permits whose renewal will achieve the greatest environmental benefit. AMSA is reviewing the lists and will contact those AMSA members that could be subject to this renewed Agency focus on NPDES permits.

Wet Weather

AMSA to Send Matrix Detailing Collection System Capacity-Setting Process to EPA
AMSA recently completed and sent to the membership via Regulatory Alert 03-08, its Collection System Capacity-Setting Matrix and Narrative (Matrix), which supports AMSA’s 2002 Wet Weather Survey (Survey) and related efforts to increase the Agency’s understanding of the methodologies used by collection system operators to make system capacity assessments. AMSA’s SSO Workgroup used Survey information to identify the factors considered and the processes used by utilities to make capacity-related decisions in construction and rehabilitation of their collection systems and to develop a matrix of this information to illustrate the decision-making process. The intent of the Matrix and accompanying narrative is to provide information to key EPA policy-makers on capacity-setting methodologies to support an eventual SSO Rule and to serve as a tool for AMSA members to use when discussing capacity issues with permitting authorities or when responding to enforcement actions. AMSA’s next step will be to provide the Matrix to key Agency officials and to meet with them on this important issue.

AMSA Urges EPA Water Chief, Budget Office to Release Blending Guidance
On September 24, 2003, AMSA sent a letter to EPA Assistant Administrator for Water, G. Tracy Mehan, III, thanking him for his work in moving the EPA draft guidance on blending to the Office of Management and Budget (OMB) for its review. The letter was also sent to John Graham, Administrator of OMB’s Office of Information and Regulatory Affairs, reiterating AMSA’s support for release of the draft guidance for public review and comment as soon as possible in order to stem the tide of anti-blending enforcement and permitting activities. Although AMSA has not yet seen the draft guidance, Mehan has assured the Association that it makes clear that blending is not a bypass when several key conditions are met and that blending will not be subject to a “no feasible alternatives” test — two important recommendations AMSA consistently has made to EPA throughout discussions on the blending issue. The Association will continue to track the progress of the guidance and will address any remaining publicly owned treatment works’ concerns once it has reviewed it, but is pleased with the progress EPA has made on the blending front and is generally supportive of its approach. AMSA’s letter can be found at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-09-24Mehan.pdf.

AMSA Learns of OMB Review of Data Likely to be Used in EPA’s CSO/SSO Report to Congress
AMSA has learned that OMB is currently reviewing the data that EPA intends to use to back up its forthcoming 2003 Report to Congress on the Impacts and Control of Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs). OMB has been made aware of AMSA’s August 21 letter to Office of Water Chief, Tracy Mehan, which outlined the Association’s concerns with the quality of some of the data that were presented at recent stakeholder meetings on the Report to Congress and the manner in which these data may be presented in the Agency’s forthcoming Report which must be submitted by December. Among the concerns highlighted in the letter were the limited data linking CSOs and SSOs to human health impacts, the lack of any discussion on the relative risk of CSOs and SSOs when compared to other potential causes of waterborne illness, and errors found in key data sets. The letter is available on AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/outreach/2003-08-21RTC.pdf.