Member Pipeline - Regulatory - Update (September 2001) - Digest

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AMSA Regulatory Digest
(Current as of October 4, 2001)

The AMSA Regulatory Digest provides both up-to-date and historic information on regulatory and policy developments affecting the AMSA membership. The listings include regulatory actions receiving considerable attention or of particular importance to the AMSA membership. Additional information on any of the regulatory or policy developments listed in the Update can be obtained by calling the AMSA contacts listed at the end of each section.

Table of Contents

• Biosolids Issues
• Pretreatment and Hazardous Waste Issues
• Water Quality Issues
• Wet Weather Issues
• Endangered Species

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Biosolids Issues

EPA Proposes Dioxin Standards for Land Application of Biosolids (Round II): On December 23, 1999, EPA published a proposed rule to limit dioxin and dioxin-like compounds in biosolids that are land applied. Specifically, EPA proposes to set a limit of 300 part per trillion (ppt) toxic equivalents (TEQ) for 29 specific congeners of polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, and coplanar PCBs, and to require minimum monitoring, record keeping and reporting requirements for dioxins in biosolids that are land applied. The proposed rule does not contain additional limits for biosolids that are being placed in surface disposal units or incinerated. On March 23, 2000 AMSA submitted its comments on EPA’s proposed dioxin standards for the use or disposal of sewage sludge. AMSA commended the Agency for proposing a rule that addresses the issue of dioxin, dibenzofurans and dioxin-like coplanar PCBs in biosolids, however, did not find adequate technical justification for EPA’s proposed 300 ppt TEQ/dry kg cap for biosolids land application. AMSA recommended that the Agency be consistent with the methodologies used to develop the limitations for metals in Round I of the regulations. Using the Round I methodology and correcting errors in EPA’s risk analysis, AMSA recommended a cap of 800 ppt TEQ for the final rule. AMSA’s contractor, Cambridge Environmental, completed a comprehensive and thorough analysis of the EPA proposal and supporting risk analysis, which was submitted as part of AMSA’s comments. A complete set of AMSA comments can be found at http://www.amsa-cleanwater.org. A final rule is scheduled to be completed by December 15, 2001. See related front story. CONTACT: Chris Hornback, AMSA, 202/833-9106 or Al Rubin, EPA, 202/260-7589.

AMSA Dioxin Survey: On February 4, 2001 AMSA’s Board of Directors approved a request from the AMSA Biosolids Committee to conduct a member survey of dioxin levels in municipal biosolids and a request to use Technical Action funds to hire a contractor to assist in the survey effort. The survey will help support AMSA’s comments on EPA’s December 23, 1999 proposed rulemaking to limit dioxin and dioxin-like compounds in biosolids that are land applied. One significant aspect of the EPA proposed rule is the use of historical dioxin data from EPA’s 1988 National Sewage Sludge Survey and AMSA’s 1994 Survey of Dioxins in Municipal Biosolids. While EPA’s risk analysis for the proposal assumes that dioxin levels in municipal biosolids are remaining constant or diminishing, there is relatively little data from these historical surveys that support this assumption. Without additional data, EPA’s risk analyses could be challenged and the scope of the rule broadened to remove the exemption of incineration and land disposal from dioxin limits. Additional dioxin data may also support AMSA’s comments and position on other issues in the proposed rule (e.g., application rates, thresholds for increased monitoring, use of detection levels, etc.). The 2000 survey was modeled after AMSA’s 1994 dioxin survey, where member agencies were requested to sample their biosolids and have dioxin analyses performed by an AMSA-specified laboratory. Preliminary results from the 2000 survey were provided to EPA at a meeting on July 12, 2001 and to the AMSA membership during our July 2001 Summer Conference in Milwaukee. The preliminary results show that most of the samples are well below the proposed regulatory limit of 300 ppt TEQ. An early comparison of 1994 and 2000 data reveal that concentrations of dioxin in biosolids are on the decline. AMSA will continue to work with EPA on its dioxin in biosolids risk analysis as the Agency moves towards a final rule, which is expected in December 2001. See related front story. CONTACT: Chris Hornback, AMSA, 202/833-9106 or Bob Dominak, NEORSD, 216/881-6600.

Dioxin Reassessment May Impact Biosolids Disposal Practices: EPA’s ongoing Agency-wide dioxin reassessment is expected to have significant impact on EPA’s plans to finalize the proposed Part 503 Round II regulatory revisions to limit dioxin and dioxin-like compounds in biosolids that are land applied. EPA’s draft report, released in June 2001, found that dioxin levels have declined substantially over the past two decades and determined that risks to people are higher than previously believed. Some potential implications of the reassessment when finalized, could include very low (8 to 50 ppt TEQ) dioxin threshold cap for biosolids land application and/or additional restrictions on grazing or liquid application of biosolids to limit dioxin exposure. EPA is expected to issue a final dioxin reassessment document in 2002 upon completion of its review by the Science Advisory Board. At the same time, the Agency plans to publish a draft dioxin Risk Management Strategy for public comment. The strategy will propose EPA policy and programs for dioxin using the reassessment as its scientific basis. A copy of the reassessment documents can be obtained from http://www.epa.gov/ncea. See related front story. CONTACT: Chris Hornback, AMSA, 202/833-9106.

Round I Amendments to Part 503 Sewage Sludge Regulations: Round I of the changes is taking place in two phases. On August 4, 1999 EPA published its final Round I, Phase I amendments to the 40 CFR Part 503 sewage sludge rule (see AMSA Regulatory Alert 99-16). Round I, Phase II, which has been postponed until 2002, will address: 1) procedures for biosolids preparers to justify and calculate a site-specific ceiling value for selenium for land applied biosolids; 2) delete the annual pollutant loading rate option for biosolids sold or given away in a bag or other container; 3) articulate the additional margin of safety afforded by heat dried pelletized biosolids products; 4) allow for vector attraction reduction equivalency for land applied biosolids; 5) move and thereby consolidate biosolids analytical methodologies to 40 CFR Part 136; and 6) reestablish pollutant limits for molybdenum. CONTACTS: Chris Hornback, AMSA, 202/833-9106 or Al Rubin, EPA, 202/260-7589.

National Academy of Sciences Study of Part 503 Land Application Standards: The National Academy of Sciences has appointed sixteen experts to a study Committee to review information relevant to toxicological and pathogenic risks of sludge following land application and determine their applicability to the 503 rule. Originally requested by EPA, the Committee will: 1) review the risk-assessment methods and data used to establish concentration limits for chemical pollutants in sludge to determine whether they are the most appropriate approaches; 2) review the current standards for pathogen elimination in sludge and their adequacy for protecting public health; and 3) explore whether approaches for conducting pathogen risk-assessment can be integrated with those for chemical risk-assessment. The Committee is composed primarily of professionals from academia, and includes two environmental consultants and one state biosolids program coordinator. A full Committee membership list can be found at: http://www4.nas.edu/webcr.nsf/ProjectScopeDisplay/BEST-K-00-02-A. The Committee is expected to author a consensus report by late Summer 2002. CONTACT: Lee Garrigan, AMSA, 202/833-4655.

NRC/EPA Radioactivity Survey: To better assess the occurrence and levels of radioactivity in biosolids, the Nuclear Regulatory Commission (NRC) and EPA are conducting a targeted survey of 300 POTWs associated with NRC licensees having the highest potential to discharge radioactive material to the sewer system. The objectives of the joint survey are to: 1) obtain national estimates of high probability occurrences of elevated levels of radioactive materials in biosolids and ash at POTWs; 2) estimate the extent to which radioactive contamination comes from either NRC/agreement state licensees or naturally occurring radioactivity; and 3) support rulemaking decisions by NRC and EPA. The information will be used in developing joint NRC/EPA guidance for POTWs to determine sources of radioactive materials, describe sampling and analysis procedures, and advise whether a response is needed to the presence of radioactive material in biosolids. The sampling program has been completed and EPA is now evaluating the data. The survey results are expected to be released in October 2001. CONTACT: Chris Hornback, AMSA, 202/833-9106, Bob Bastian, EPA, 202/260-7378, or Phyllis Sobel, NRC, 301/415-6714.

Radioactivity Dose Modeling: On December 12-14, 2000 EPA’s Radiation Science Advisory Board (SAB) met to discuss the current status of the Interagency Steering Committee on Radiation Standards (ISCORS) survey of radionuclides in biosolids, and ISCORS’s efforts to develop a dose modeling report. The dose modeling report is intended to estimate the potential incremental increases in radiological exposure to the public and others from biosolids handling and disposal/reuse. At the December meeting, the SAB debated the use of different radiation models, and provided its input on how survey results should be interpreted. Due to a commitment to the OMB, the ISCORS plans to release a report with the results of a 300-POTW survey in October 2001. To ensure that adequate interpretation of ISCORS survey results is available when survey results are released, AMSA’s Board of Directors approved funding to complete revision and finalization of a draft AMSA radiological dose model report to reflect current modeling methodologies developed through the ISCORS committee. ISCORS has also developed a draft technical support document (TSD) to support its radiological dose model, which can be found at http://www.epa.gov/radiation/tenorm/whatare.htm. CONTACT: Chris Hornback, AMSA, 202/833-9106, or Sam Hadeed, NBP, 703/684-2418.

National Biosolids Partnership: The National Biosolids Partnership (NBP) is a joint initiative of AMSA, EPA, and the Water Environment Federation (WEF). The Partnership’s mission is to promote the safe and efficient biosolids use and disposal around the country. The NBP is leading the development of an Environmental Management System (EMS) for biosolids. The EMS, a set of national management protocols, will be used by biosolids producers and appliers to demonstrate to their communities that biosolids products exceed market and regulatory standards. Four projects related to the EMS, including the development of: 1) a National Manual of Good Practices; 2) an EMS Guidance Document; 3) a Third Party Verification Program; and 4) an EMS Demonstration Program, are currently managed by the Partnership. The NBP provided examples of effective EMS programs at AMSA’s Summer Conference in July 2001 in Milwaukee, WI. At the completion of the demonstration project in late 2001, a final EMS blueprint reflecting refinements of the program will be presented to the wastewater profession as a progressive management approach to facilitate and advance public acceptance of biosolids programs in local communities. NBP’s website, http://www.biosolids.org, provides additional information on the Partnership and on the EMS. CONTACT: Lee Garrigan, AMSA, 202/833-4655.

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Pretreatment & Hazardous Waste Issues

Effluent Guidelines Plan: Section 304(m) of the Clean Water Act requires EPA to publish a biennial Effluent Guidelines Plan. In the plan, EPA highlights current effluent guidelines under development, the process for selection of new effluent guideline regulations, and preliminary and ongoing studies. Table 1 presents a summary of effluent guidelines currently under development. EPA is planning to revise the 304(m) strategy for 2002 and beyond, and will seek AMSA’s input in this effort. CONTACT: Chris Hornback, AMSA, 202/833-9106 or Beverly Randolph, EPA, 202/260-5373.

Table 1 - Effluent Guidelines Currently Under Development

AMSA Expresses Serious Concern with Controversial Metals Rule: On July 2, 2001 AMSA provided comments to EPA on the proposed Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Metal Products & Machinery (MP&M) Point Source Category. AMSA's comments outlined several key concerns with the proposal, including its reliance on outdated data on POTWs, questionable science, and underestimated costs. Over 60 AMSA members already have sent comments to EPA, and the Agency will continue to accept comments until the anticipated Notice of Data Availability (NODA) is published in early 2002. During meetings between AMSA members and EPA on August 2 and 3, 2001 EPA showed interest in using the Strategic Goals Program as an alternative to MP&M and sought ideas from AMSA on how the program or some version of it could replace the entire rule. A copy of AMSA's comments can be viewed at: http://www.amsa-cleanwater.org/private/legreg/outreach/7-2-01mpandm.pdf. CONTACT: Chris Hornback, AMSA, 202/833-9106or Shari Barash, EPA, 202/260-7130.

Streamlining Pretreatment Program Requirements - Proposed Rule: On July 22, 1999, EPA proposed regulatory and administrative changes to streamline the national industrial pretreatment program (40 CFR Part 403). Several proposed revisions to the program would reduce burden to POTWs and industrial users, including: exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants; clarification of requirements for implementing pretreatment standards; and more flexible reporting, inspection and sampling requirements. While supportive of many of the proposed changes, AMSA is concerned with EPA’s proposed modification of significant noncompliance (SNC) criteria, revised pH standards, and the definition of de minimus industrial users. AMSA’s Pretreatment and Hazardous Waste Committee leadership developed a formal position paper on all of the proposed changes. EPA has asked AMSA to work with the Agency in assessing appropriate pH levels for the final rule, expected in 2002. A copy of AMSA’s Pretreatment Streamlining White Paper can be found at http://www.amsa-cleanwater.org/private/11-19-99NPSP.pdf. CONTACTS: Chris Hornback, AMSA, 202/833-9106 or Jeff Smith, EPA, 202/260-5586.

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Water Quality Issues

Mercury Analytical Method 245.7: On January 18, 2001 EPA distributed samples to 10 laboratories participating in a validation study of Mercury Method 245.7. Labs were requested to complete sample analyses of distributed samples by March 5, 2001. During an August 3, 2000 meeting with EPA, AMSA urged the Agency to re-initiate the approval process for draft mercury analytical method 245.7, Mercury in Water by Cold Vapor Atomic Fluorescence Spectrometry. This analytical method can be nearly as sensitive as the low level Method 1631, but can be performed at a fraction of the cost. The validation process was expected to be completed by September 2001, but has yet to be completed. CONTACT: Chris Hornback, AMSA, 202/833-9106.

EPA to Propose Modifications to Ocean Discharge Criteria: On January 19, 2001 then-EPA Administrator Browner signed proposed revisions to Clean Water Act ocean discharge regulations. The proposed regulations would establish a new designated use, "Healthy Ocean Waters," for all ocean waters which do not have applicable CWA water quality standards in place. The proposal identifies 16 specific water quality criteria for trace metals, insecticides, halogenated hydrocarbons, cyanide, and chlorine that would need to be met to achieve the new designated use. The proposal also provides for the establishment of Special Ocean Sites (SOSs) which are areas within ocean waters that are of outstanding value. SOSs include critical habitat established under the Endangered Species Act, high value coral reefs, and hydrothermal vents. Four specific areas are proposed to be established for SOSs including: Flower Garden Banks off Texas; Gorda Ridge-Blanco Fracture Zone off Oregon; Escanaba Trough of the Gorda Ridge off California; and the Northern Right Whale Critical Habitats off Eastern US. The rule is currently delayed and undergoing review by EPA Administrator Whitman. EPA staff informed AMSA in early August 2001 that they had received a preliminary evaluation from the Administration on how to proceed. EPA indicated that there was some work to be done and that some changes may be significant, however no details were provided as to what those changes may be. EPA indicated that they would work with the appropriate stakeholders to gain additional input as needed and hoped to reach resolution by the end of 2001. CONTACT: Chris Hornback, AMSA, 202/833-9106.

AMSA Comments on EPA Draft Coastal Condition Report: On March 30, 2001, and April 12, 2001 AMSA submitted comments to EPA on its January 2001 draft Clean Water Action Plan: National Coastal Condition Report. The purpose of the draft report is to provide a comprehensive assessment of the nation’s coastal waters, which was one of the remaining action items under former President Clinton’s Clean Water Action Plan. The draft report used several water quality indicators, such as dissolved oxygen, water clarity, and sediment contamination, to score the various coastal regions. Overall, AMSA found that the draft report "falls short of its goal to provide an objective assessment of our nation’s coastal waters". AMSA’s letter highlighted numerous concerns with the indicators that were chosen and with a grading system that appeared weighted toward lower scores (the draft report assessed most coastal waters as "fair" to "poor"). AMSA noted that the draft report "develops and uses indicators based on data sets inconsistent with state 305(b) and 303(d) reports, unilaterally develops new benchmarks while neglecting existing ones, and endorses the use of inappropriate national indicators." AMSA suggests that if the Agency is committed to finalizing the report, the indicators should be replaced with state-approved water quality standards as a more appropriate and consistent gauge of coastal water quality conditions. AMSA’s comments can be found on the Member Pipeline at: http://www.amsa-cleanwater.org/private/legreg/outreach/. CONTACT: Chris Hornback, AMSA, 202/833-9106.

Draft Consolidated Assessment and Listing Methodology (CALM) Guidance Delayed: EPA is crafting the CALM guidance to encourage states to develop documented, defensible water quality assessments (under Section 305(b)) and decisions about Water Quality Standards (WQS) attainment (under Section 303(d)). The document will also address questions regarding the relationship between WQS, 305(b) assessments, and 303(d) listings. AMSA commented on a draft outline version of CALM in December, 2000 and attended EPA’s public meetings. AMSA supports EPA’s issuance of such a guidance if it succeeds in holding states to a higher data quality standard for making 303(d) impairment decisions. EPA’s original schedule called for releasing a draft document to the public on June 15 and for holding a stakeholder meeting on July 11. However, EPA is still addressing internal issues and questions raised by the states. CONTACT: Greg Schaner, AMSA, at 202/296-9836 or Susan Holdsworth, EPA, 202/260-4743.

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Wet Weather Issues

AMSA Urges EPA to Implement Consistent Approach on Wet Weather Blending: "Blending" (also referred to as "recombination", "slipstreaming", and "internal bypassing"), is the practice of mixing partially-treated, disinfected wet weather flows with fully treated effluent prior to discharge to meet secondary treatment standards during wet weather events. During the past year, AMSA and several other municipal organizations succeeded in encouraging EPA to issue a policy interpretation acknowledging the authority for POTWs to blend peak wet weather flows to meet secondary effluent limits. The need for a policy interpretation has arisen because of differences between the Office of Wastewater Management’s position that blending is conditionally authorized and the Office of Enforcement & Compliance Assurance’s differing interpretation that all such blending practices constitute an illegal bypass. In response, EPA Headquarters is clarifying in its "Current [draft] Thinking on Peak Flows at POTWs" (distributed via Regulatory Alert 01-3) that this practice is permitted under certain prescribed conditions. Overall, the members who submitted comments on this draft document were supportive of EPA’s draft policy, but suggested ways in which the document could be improved. The Agency is currently working on guidance to implement their draft blending policy. CONTACT: Greg Schaner, AMSA, at 202/296-9836 or Kevin Weiss, EPA, at 202/564-0742.

EPA Forms State Wet Weather Grant Workgroups to Establish Protocols: Under the Wet Weather Water Quality Act, EPA was authorized to fund two wet weather grant programs, including a two-year $1.5 billion sewer overflow program for CSO and SSO control (Section 221) and a three-year $45 million pilot project initiative (Section 121). EPA is moving forward with plans to implement the two programs, despite the current lack of requested funds in EPA’s proposed FY 2002 budget for the Section 121 program and the proposed partial funding for the Section 221 program. EPA has formed two separate workgroups, corresponding to the two grant programs, to help guide the Agency on the logistics of allocating grant funds to each state. The workgroups are made up of the states, Regions, and officials from EPA Headquarters. EPA has indicated its intention to update AMSA frequently on the progress made by the workgroups, and to seek input from the Association wherever appropriate. CONTACT: Greg Schaner, AMSA, 202/296-9836; James Wheeler, EPA, 202/564-0662 (Section 121); or Leonard Fitch, EPA, 202/564-0656 (Section 221).

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Endangered Species

EPA Releases Awaited Endangered Species Act MOA: Culminating more than seven years of sporadic negotiations, on February 22 EPA published a Memorandum of Agreement (MOA) designed to improve Endangered Species Act (ESA) compliance and coordination between EPA, the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS). The MOA promotes enhanced interagency cooperation and improved recovery of endangered species and critical habitat and provides mechanisms for the FWS and NMFS to participate in EPA’s development of water quality criteria and standards, as well as recognize any unique requirements for listed and proposed species and designated and proposed critical habitat. The MOA also identifies a collaborative mechanism for planning and prioritizing future CWA/SEA actions, and for resolving any potential conflicts or disagreements between agencies. However, the final MOA does not resolve specific issues raised in AMSA’s April 1999 comments. The MOA still commits EPA to propose amendments to the water quality regulations at 40 CFR Part 131, a step AMSA supports. However, EPA also commits to propose a "prohibition on mixing zones or variances that would be likely to cause jeopardy" -- language AMSA recommended EPA delete. AMSA could have concerns with a proposed mixing zone prohibition depending on how EPA eventually crafts this language. AMSA also recommended that EPA not pursue national consultation on published criteria for the protection of aquatic life, and instead perform state-by-state consultations of water quality standards. The final MOA retains the national consultation approach and rejects state-by-state evaluations as inefficient. Since the MOA is an internal management document, it will be difficult to challenge provisions of the final agreement. However, the MOA provides for revisions over time, and AMSA may raise critical issues to EPA for consideration in future MOA updates. The MOA addresses the protection of endangered and threatened species under the Water Quality Standards and NPDES programs established by CWA §§ 303(c) and 402. The MOA can be viewed at http://www.epa.gov/ost/standards/esa.html. CONTACT: Greg Schaner, AMSA, 202/296-9836.

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