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Environmental Protection
Agency News
EPA
Releases 2008 Report on the Environment
(posted 6/5/08)
On Tuesday, EPA released its 2008 Report on the
Environment (2008 ROE), which the agency says uses
scientific indicators to measure and report on overall
progress toward protecting the environment and human
health. The purpose of the 2008 ROE is to create a
reliable set of information that can be used for
year-to-year comparisons as well as planning. EPA
hopes that in the future, the agency will be able to
look at the trends of ROE environmental indicators
over a span of years. In addition to national scale
indicators, the ROE also provides data broken out by
EPA Regions. The 2008 ROE is an update of the draft
ROE that was released in 2003. The full report is
available at
www.epa.gov/roe.
House
Committee Passes Sewage Notification Bill and Other
Water-Related Bills
(posted 6/5/08)
The House Transportation and Infrastructure Committee
approved H.R. 2452, the Sewage Overflow Community
Right to Know Act. The legislation requires publicly
owned treatment works to monitor systems for overflows
and notify the public and regulatory agencies when
they occur. The legislation is sponsored by
Congressmen Tim Bishop (D-NY) and Frank LoBiondo
(R-NH) and supported by the Water Environment
Federation, National Association of Clean Water
Agencies, and American Rivers. The White House has
expressed support for the legislation, although EPA
opposes the use of the Clean Water State Revolving
Fund, a low-interest wastewater loan program that
helps states construct water treatment facilities, to
pay for the monitoring. The full House is expected to
consider the legislation within the next several
weeks.
In addition to the notification bill, the committee
also approved H.R. 135, the Twenty-first Century Water
Commission Act of 2007, which authorizes $9 million to
establish a commission to provide for water
assessments to project future water supply and demand,
review current water management programs at each level
of government, and develop recommendations for a
comprehensive water strategy. The committee approved
another bill, H.R. 5770, to provide $1.5 million for a
National Academy of Sciences study on the potential
effects of climate change on water resources and water
quality. Finally, the Committee passed H.R. 5949, the
Clean Boating Act of 2008, which restores a Clean
Water Act exemption for recreational boaters. None of
these bills are expected to face opposition during
full House consideration.
Improvements Announced for Stormwater BMP Database
(posted 6/5/08)
Improvements in the International Stormwater BMP
Database (www.bmpdatabase.org)
were unveiled this week by the Water Environment
Research Foundation (WERF) and its partners. The BMP
database provides information to improve the design,
selection, and performance of BMPs. The upgrades
better enable BMP searches, data collection and
uploading, and access to BMP performance analyses.
With the recent addition of 65 new BMP studies, the
database now includes over 300 studies. A new
analysis of all the BMPs in the database identifies
how different BMP types performed in removing a
variety of pollutants. The performance descriptions
can assess achievable effluent concentrations, assess
effects of BMPs on total loadings, and identify the
frequency of potential exceedances of water quality
criteria or other targets. The project is working with
large data providers to "open the pipeline" of BMP
study submissions. If you have data that you are
interested in submitting, please contact Jane Clary at
clary@wrightwater.com.
EPA Releases Climate
Change Strategy
(Posted 5/7/08)
EPA's Office of Water released its draft
National Water Program Strategy: Response to Climate
Change for public review on March 28.
The draft document represents EPA's "initial effort to
evaluate how best to meet our clean water and safe
drinking water goals in the context of a changing
climate." Five major goals include: use core water
programs to improve mitigation of greenhouse gases,
adapt the implementation of core water programs to
improve their effectiveness in the context of climate
change, strengthen links between EPA water programs and
climate change research, educate EPA staff and other
stakeholders on climate change impacts on water
resources and Agency programs, and establish the
management capability within the National Water Program
at EPA for sustained engagement of climate change
challenges. EPA does not make any recommendations for
substantial program changes to deal with climate change
and water issues more holistically.
OMB Approves Proposed
Water Transfer Rule; Could be Released in May
(Posted 5/7/08)
The Office of Management and Budget (OMB) has approved
EPAs proposed water transfer rule, clearing the way for
it to be officially released by the Agency sometime in
May. The long-awaited rule would clarify that interbasin
transfers of natural, untreated water do not require a
National Pollutant Discharge Elimination System (NPDES)
permit. EPA received several comments on the draft
version of the rule when it was released in June 2006,
expressing support for the Agencys decision to exempt
these kinds of transfers from permitting requirements. A
number of recent court cases including South Florida
Water Management District v. Miccosukee Indian Tribe
before the U.S. Supreme Court and Friends of the
Everglades v. South Florida Water Management District,
currently before the Eleventh Circuit Court of Appeals,
have also examined the issue of interbasin water
transfers.
Farm Bill Negotiations
Between House, Senate Conferees Near Completion
(Posted 5/7/08)
Discussions to resolve differences in versions of the
Farm Bill passed by the House and the Senate are nearing
an end, and provisions that would fund multi-stakeholder
projects to address water quality and water quantity
challenges remain intact. After just one public farm
bill conferee meeting last week, the primary action went
back behind closed doors and negotiators reached an
agreement on a final resolution that should be announced
soon. The negotiated deal includes an agreement on
financing and offsets for the bill, particularly for
increased spending for conservation, energy, and
disaster relief provisions. Bush has reserved judgment
until examining the conference report, but expectations
are that the White House will sign the emerging bill.
EPA Releases Report on
Wastewater Collection and Wet Weather Treatment
Technologies (Posted 5/7/08)
EPA last month released the third in a series of reports
on municipal wastewater collection and treatment
technologies. Emerging Technologies Report on Wastewater
Treatment provides clean water agencies with the
information on emerging wastewater treatment and
in-plant wet weather management technology options. EPA
describes the report as providing cost-effective,
innovative and 'embryonic' technologies as well as
established technologies with innovative applications
for treatment and wet weather flow management. Technical
and cost data for more than 60 innovative technologies
and more than 25 embryonic technologies are provided.
The technologies featured in the report are intended to
provide more efficient or advanced wastewater treatment
or better management of wet weather flows at the
treatment plant. The new report is available on EPA's
municipal technologies
website under the Publications
heading. The previous two reports, Emerging Technologies
for Biosolids Management and Emerging Technologies for
Conveyance Systems: New Installations and Rehabilitation
Methods, are also available on the website.
EPA Tool Helps Communities
Tap into Energy Savings (posted 3/5/08)
Contact: Shakeba Carter-Jenkins, (202) 564-4355 / carter-jenkins.shakeba@epa.gov
(Washington,
D.C. - March 3, 2008) America's
drinking water and wastewater facilities can now save
energy and reduce their carbon footprint with expanded
tools available from EPA's Energy Star Program.
Enhancements to Portfolio Manager, the agency's popular
energy tracking tool for commercial facilities, allow
water utilities to track energy use and associated carbon
emissions, set targets for investment priorities, and
verify efficiency improvements. Water and wastewater
facilities are energy intensive, accounting for more than
one-third of municipal energy use. Improving the energy
efficiency of America's
drinking water and wastewater systems by 10 percent would
save more than 5 billion kilowatt-hours each year
representing a cost savings of about $400 million
annually.
"Wasting energy is sending good resources down the drain,"
said Benjamin H. Grumbles, assistant administrator for
Water. "Energy efficiency is good for the planet as well
as the plant managers who make water clean and healthy."
Drinking water and wastewater systems spend about $4
billion a year on energy to pump, treat, deliver, collect,
and clean water at the 52,000 community drinking water and
16,500 wastewater facilities in the
United States.
Through Energy Star, EPA provides a proven energy
management strategy and no-cost tools for public and
private organizations to save energy and money, as well as
demonstrate environmental leadership.
More than 800 organizations - including more than 150
local governments and water utilities - are leading the
way toward improved energy efficiency by responding to the
Energy Star Challenge, EPA's national call-to-action to
improve the energy efficiency of
America's commercial
and industrial facilities by 10 percent or more. In June
2007, the U.S. Conference of Mayors endorsed the Energy
Star Challenge as a key strategy in meeting the goals of
the Mayors Climate Protection Agreement.
Energy Star was introduced by EPA in 1992 as a voluntary,
market-based partnership to reduce greenhouse gas
emissions through energy efficiency. Today, the Energy
Star label can be found on more than 50 different kinds of
products, new homes and commercial and industrial
buildings. Products and buildings that have earned the
Energy Star designation prevent greenhouse gas emissions
by meeting strict energy-efficiency specifications set by
the government. Last year alone, Americans, with the help
of Energy Star, saved about $14 billion on their energy
bills while reducing the greenhouse gas emissions
equivalent to those of 25 million vehicles.
Learn more about Energy Star and Porfolio Manager for
drinking water systems and wastewater plants at:
http://www.energystar.gov/waterwastewater
Other activities that explore the nexus between water and
energy are described at:
http://www.epa.gov/waterinfrastructure/bettermanagement_energy.html
EPA Issues Guidebook to Help Water Utilities Improve
Energy Management (posted 2/14/08)
EPA announced on Feb. 1 that it
has released a new guidance,
Ensuring a Sustainable
Future: An Energy Management Guidebook for Wastewater
and Water Utilities, intended to help
utilities systematically assess their current energy
costs and practices, set measurable performance
improvement goals, and monitor and measure their
progress over time. Steadily rising energy costs and
associated environmental effects have made energy use
one of the most pressing challenges facing water
utilities. Energy management is also at the heart of
efforts across the industry to ensure that water and
wastewater systems are operated in a sustainable way.
The guidance follows the Plan-Do-Check-Act methodology
embodied in environmental management systems and other
utility management tools. In developing the guidance,
EPA consulted with utilities that are successfully
confronting energy challenges using this approach. An
electronic copy of the handbook is available at
www.epa.gov/waterinfrastructure/
bettermanagement_energy.html.
EPA Releases Municipal Wastewater Technology Fact Sheets
(posted 2/14/08)
EPA’s Office of Water has developed four new fact sheets
on innovative municipal wastewater technologies. The
fact sheets are part of a continuing EPA effort to
provide municipal utilities and state regulators with
information on a variety of innovative or cost-effective
technologies and best management practices. The new
fact sheets,
Denitrifying Filters, Side Stream Nutrient Removal,
In-Plant Wet Weather Peak Flow Management,
and Membrane
Bioreactors, along with others previously
released by EPA, are available at
www.epa.gov/owm/mtb/mtbfact.
EPA Issues Additional Guidance to Prevent Stormwater
Pollution at Construction Sites
EPA announced on Nov. 19 the
availability of sample pollution prevention plans for
medium-sized residential subdivisions and for small
commercial sites. The two models supplement the guidance,
Developing Your
Stormwater Pollution Prevention Plan: A Guide for
Construction Sites. A stormwater pollution
prevention plan identifies potential sources of stormwater
pollution at a construction site and details how
construction operators should keep pollution from running
into nearby waterways. The sample plans,
EPA Example Construction
SWPPP: Medium-Sized Residential Subdivision and
EPA Example
Construction SWPPP: Small Commercial Site, use
hypothetical sites and conditions to demonstrate the
development of a prevention plan that meets permit
requirements and accurately describes the steps being
taken to prevent stormwater pollution. The new sample
plans cover site evaluation, assessment, and planning;
erosion and sediment control best management practices;
"good housekeeping" best management practices; selecting
post-construction best management practices; inspections;
recordkeeping and training; and final stabilization. The
sample medium and small-sized stormwater pollution
prevention plans are available at
http://www.epa.gov/npdes/swpppguide.
(Posted 12/5/07)
EPA Announces Workshop to Discuss Endocrine Disruptor
Screening Program
EPA announced in the Nov. 23
Federal Register
that it is convening a 1-day public workshop to discuss
the draft policies and procedures for completing the
initial screening and testing under the agency's Endocrine
Disruptor Screening Program (EDSP) and the burden and cost
estimates for the related information collection
activities. In two forthcoming notices in the
Federal Register,
EPA will announce the availability for public comment of
the draft policies and procedures the agency is
considering adopting for conducting the initial screening
and testing under the EDSP, and the draft Information
Collection Request (ICR) for the initial screening and
testing. The purpose of the workshop is to allow the
public to ask questions to help inform their comments on
the soon to be published notices. The meeting will be
held on Dec. 17. Details regarding the meeting are
available at
www.epa.gov/fedrgstr/EPA-MEETINGS/2007/November/Day-23/m22895.htm.
(Posted 12/5/07)
Final Rule on Lead and Copper in Drinking
Water
(posted 10/16/07)
EPA issued a
final rule intended to improve requirements in the areas
of monitoring, customer awareness, and lead service line
replacement In the Oct. 10
Federal Register.
The final rule makes several targeted regulatory
revisions to the existing national primary drinking
water regulations for lead and copper (see related story
in Sept. 28 issue). The final rule is effective on Dec.
10. A copy of the rule and more information on lead in
drinking water are available at
www.epa.gov/safewater/lcrmr/index.html.
EPA Issues State Guides for Microbials, Byproducts in
Drinking Water
(Posted 9/12/07)
EPA released final guidance on
August 27 to help states comply with two major rules
issued in December of 2005 to help reduce microbial
contaminants and disinfection byproducts in drinking
water. The Stage
2 Disinfectants and Disinfection Byproducts Rule
(Stage 2 DBPR) Implementation Guidance
explains how states can help water utilities minimize
Cryptosporidium
and Giardia
that can cause gastrointestinal illness and is
available at
www.epa.gov/safewater/disinfection/lt2.
The Long Term 2
Enhanced Surface Water Treatment Rule (LT2 Rule) State
Implementation Guidance explains how states
can help utilities balance necessary disinfection with
potentially dangerous byproducts formed during the
process and is available at
www.epa.gov/safewater/disinfection/stage2.
EPA Issues New Water
Quality Trading Toolkit
(posted 8/22/07)
On August 7, EPA released a new publication to support
innovative, market-based approaches to water quality
trading. The Water
Quality Trading Toolkit for Permit Writers: Interim
Technical Guide is intended to provide
National Pollutant Discharge Elimination System (NPDES)
permitting authorities with the tools they need to
incorporate trading provisions into permits. The
toolkit is EPA’s first “how-to” manual on trading
programs consistent with EPA’s 2003 National Water
Quality Trading Policy. EPA hopes the toolkit will help
provide national consistency among trading programs and
serve as a resource for all stakeholders, including
those in the regulated community interested in
establishing such programs. Focused on trading nitrogen
and phosphorus, the toolkit covers the fundamental
concepts of designing and implementing trading programs
including the relevant geographic scope, effluent
limitations, and trade ratios. The toolkit includes five
scenarios that detail for permit writers where trading
provisions can be incorporated into a permit and
includes hypothetical examples featuring permit
language. The document also includes a set of appendices
which feature detailed case studies based on actual
trading programs. The toolkit is available at www.epa.gov/owow/watershed/trading/WQTToolkit.html
.
EPA Report Summarizes TMDLs for Stormwater Sources
(posted 8/22/07)
EPA issued a report summarizing 17 total maximum daily
loads (TMDLs) that have been developed for stormwater
sources in 16 states during the past eight years. The
TMDLs included in the report cover a range of
pollutants, models used, and different allocation and
implementation methods. The report is intended to help
TMDL practitioners, NPDES permitting agencies, and
permit holders as they develop and implement new
stormwater source TMDLs. According to EPA, sediment,
pathogens, nutrients, and metals from stormwater impair
thousands of waters in the U.S. The report, Total
Maximum Daily Loads
with Stormwater Sources: A Summary of 17 TMDLs,
is available at:
www.epa.gov/owow/tmdl/techsupp.html
EPA
Releases Report from its Recreational Water Quality
Criteria Experts Workshop
(posted
8/8/07)
The proceedings from the March
2007 EPA workshop on the development of new,
scientifically-based recreational water quality criteria
to protect human health were released on June 15 (http://www.epa.gov/waterscience/criteria/recreation/).
The report summarizes the experts' findings in seven
topic areas and outlines near-term research needs that
could be accomplished in two to three years to support
development of new or revised criteria by 2012. While
EPA has made it clear that the experts' report does not
reflect Agency policy, the feedback from the experts
will likely be a major consideration as EPA continues to
develop the new recreational water quality criteria
mandated by the Beaches Environmental Assessment and
Coastal Health Act of 2000 (BEACH Act). The development
of these new criteria will eventually affect the
municipal clean water community, especially those
agencies that discharge to costal recreational waters.
EPA is currently involved in litigation,
Natural Resources
Defense Council (NRDC) v. EPA, regarding its
failure to establish these new recreational water
quality criteria in a timely manner. This case is
focused on how much time EPA will be given to meet its
BEACH Act obligations, and the experts' report could
factor significantly into the ongoing litigation.
Additionally, the report will also help guide EPA's
research plan outlining how it will meet its obligations
under the BEACH Act, which is expected to be released by
the end of the summer.
EPA Issues Draft
2007 Science Report on the Environment
(Posted 5/21/07)
EPA announced
in the May 10 Federal Register that it is providing a
45-day public comment period for the draft document
titled, EPA's 2007 Report on the Environment: Science
Report. The draft Science Report was prepared by EPA
Program and Regional Offices, the Office of Research and
Development (ORD), the Office of Environmental Information
(OEI), the Office of Policy Economics and Innovation (OPEI),
and the Office of the Chief Financial Officer (OCFO), with
coordination by the National Center for Environmental
Assessment within EPA's ORD. The public comment period
ends June 25. The FR notice is at http://www.epa.gov/fedrgstr/EPA-RESEARCH/2007/May/Day-10/r9022.htm.
EPA and USDA Sign
MOU to Protect the Chesapeake Bay
(Posted 5/21/07)
On May 9, the
U.S. Environmental Protection Agency (EPA) and the U.S.
Department of Agriculture (USDA) signed a Memorandum of
Understanding outlining measures for coordination and
cooperation among the two agencies in prioritizing and
implementing nutrient reduction activities in the
Chesapeake Bay watershed. "Environment and agriculture are
teaming up to clean up the Chesapeake like never before,"
said Benjamin H. Grumbles, EPA Assistant Administrator for
Water. According to EPA, the agreement will better align
resources, tools, partners, and actions that will keep
farmers producing while accelerating progress toward a
healthy Chesapeake Bay. The Memorandum of Understanding is
available at http://www.epa.gov/region03/chesapeake/signedmou.pdf.
Water Associations,
EPA Release Effective Utility Management Practices Report
(Posted
5/21/07)
Six associations representing the U.S. water and
wastewater sector in collaboration with the U.S.
Environmental Protection Agency (EPA) on May 8 announced
the release of Findings and Recommendations for a Water
Utility Sector Management Strategy. Designed to advance
effective utility management practices, the report
culminates a 12-month effort focused on excellence in
water and wastewater utility management. understanding and
support.
http://www.wef.org/ScienceTechnologyResources/TechnicalInformation/Projects/EPAUtilityManagement.htm.
EPA Accepting
Nominations for 2007 Clean Water Act Recognition Awards
(Posted 5/21/07)
EPA announced in the May 10 Federal Register the
availability of application and nomination information for
the 2007 Clean Water Act (CWA) Recognition Awards. The
awards recognize municipalities and industries for
outstanding and innovative technological achievements in
wastewater treatment and pollution abatement programs.
Nominations are due to EPA headquarters no later than June
29. The FR notice is at
http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-10/w9026.htm.
GAO Wastewater Security Report Released
(posted 5/11/07)
The
Government Accountability Office (GAO) issued their latest
report on wastewater security,
Securing Wastewater
Facilities: Costs of Vulnerability Assessments, Risk
Management Plans, and Alternative Disinfection Methods
Vary Widely (GAO-07-480). The 64-page report,
released to the public on May 1, contains findings on the
costs of preparing vulnerability assessments and risk
management plans among large wastewater facilities and on
the costs of converting to alternative disinfection
methods at large wastewater facilities. A comprehensive
methodology review and commentary from the U.S
Environmental Protection Agency are also enclosed. The
Costs of Converting to Alternative Disinfection Methods
section (page-14) contains a noteworthy figure identifying
disinfection switching costs for several large wastewater
facilities. WEF will be working with the GAO and others
to monitor activities on Capital Hill related to chlorine
as an issue of national security. A full-text version of
the report can be found at
http://www.gao.gov/new.items/d06390.pdf.
(MB)
EPA
Proposes Not to Regulate 11 Drinking Water Contaminants on
Candidate List
(posted
5/11/07)
The Safe Drinking Water Act (SDWA) requires the U.S.
Environmental Protection Agency (EPA) to make decisions on
whether or not to regulate at least five unregulated
contaminants every 5 years. These unregulated
contaminants are chosen from a list known as the
Contaminant Candidate List (CCL). EPA published the
second CCL (CCL 2) in the
Federal Register
on February 24, 2005 (70
FR 9071). EPA
announced in the May 1
Federal Register
its preliminary regulatory determinations for 11 of the 51
contaminants listed on CCL 2. The preliminary
determination is that a national primary drinking water
regulation is not appropriate for any of the 11
contaminants considered for regulatory determinations.
Although EPA has not made a preliminary determination for
perchlorate, the FR notice includes updated information on
its evaluation. EPA is accepting public comments until
July 2 on the regulatory decisions and the information and
options the Agency is considering on perchlorate. To view
the Federal Register notice, visit:
http://www.epa.gov/fedrgstr/EPA-WATER/2007/May/Day-01/w7539.htm.
(SJH)
NGA
Challenges EPA on Contaminant Levels for Smaller Water
Utilities (posted 5/11/07)
In a
letter sent last week, the National Governors Association
(NGA) criticized the U.S. Environmental Protection Agency
(EPA) for allowing small utilities to supply drinking
water that contains contaminants three times above the
regulatory concentration limits set in 2006. In the April
23 letter, the NGA asked EPA Administrator Stephen Johnson
to explain how drinking water containing three times the
maximum contaminant level (MCL) could be “protective.”
The NGA also wanted to know whether EPA’s enforcement
office and the Justice Department had considered the
impact of allowing such waivers in other programs,
especially the Superfund program. The governors requested
that EPA explain why it had ignored the National Drinking
Water Advisory Council’s recommendation that affordability
be defined as 1 percent of median household income on an
incremental, rule-by-rule basis. According to EPA, its
March 2006 proposed revisions comply with the Safe
Drinking Water Act Amendments of 1996 – requiring the
Agency to consider the issue of affordability for
utilities serving fewer than 10,000 people when drafting
drinking water standards. However, the governors attest
there should be more scientific data available before
states can permit small utilities to supply water
containing contaminants at such a magnitude above the
federally approved level while claiming it is “protective
of public health.” To view the National Governors
Association letter, visit http://www.nga.org/portal/site/nga/menuitem.cb6e7818b34088d18a278110501010a0/?vgnextoid=81b0904807f12110VgnVCM1000001a01010aRCRD.
To see EPA’s proposed revisions to the guidance, visit
http://www.epa.gov/safewater/smallsys/affordability.html.
(MB)
EPA Announces New Human Health Research Web Site
(Posted 3/8/07)
EPA
announced on March 1 that its Human Health Research Program
has launched a new web site with the latest information on
its research to protect public health. The program's science
looks at such questions as why some people are more
sensitive to pollution and how exposure to chemicals affects
people's health. The site is designed for the general public
as well as for the scientific community. The site contains
an overview of EPA research, information on how research has
contributed to decision making, resource materials available
in journal publications and reports, and a listing of
meetings and conferences. The web address is
http://www.epa.gov/hhrp.
EPA Announces Decision Not to
Regulate SSIs Under OSWI (Posted
3/2/07)
EPA has announced that it will not regulate sewage
sludge or biosolids incinerators under the Clean Air Act (CAA)
provisions for other solid waste incinerators (OSWI). Based
largely on information provided by clean water agencies
regarding biosolids incineration and emissions, EPA had
ultimately excluded SSIs from the final OSWI rule that was
published in December 2005. EPA announced in June 2006,
however, that it was reconsidering its December 2005 decision
in response to a Sierra Club petition, which claimed that EPA
had not properly sought comments on its decision to exclude
SSIs from Section 129. Although the recent decision means that
sewage sludge incinerators will not be governed by Section 129
of the CAA, EPA has always indicated that they will be
regulated under Section 112. EPA's Office of Air Quality and
Standards has begun work on developing an area source National
Emissions Standards for Hazardous Air Pollutants (NESHAP) for
SSIs, and new regulations are expected in the next few years.
EPA Announces
Revised Aquatic Life Ambient Freshwater Criteria for
Copper
EPA announced
in the February 22 Federal Register the availability of
the revised recommended aquatic life ambient freshwater
quality criteria for copper. EPA relied on the biotic
ligand model (BLM) to derive the revised criteria and
stated in the Federal Register that the application of BLM
will replace the need for site-specific modifications,
such as Water Effect Ratio, to account for site-specific
chemistry influences on metal toxicity. According to the
new criteria, freshwater aquatic life should be protected
if the 24-hour average and four-day average concentrations
do not respectively exceed the acute and chronic criteria
concentrations calculated by the BLM. A return interval of
3 years between exceedances of the criterion continues to
be EPA's general recommendation. EPA first announced
intentions to revise the recommended aquatic life criteria
for copper in October of 1999. These criteria are EPA's
recommendations; however, state and tribal decision makers
have the discretion to adopt different approaches on a
case-by-case basis. To view the Federal Register notice go
to:
http://www.epa.gov/fedrgstr/EPA-WATER/2007/February/Day-22/w3007.htm.
(SJH) (Posted 3/1/07)
EPA Issues New Stormwater Guide for Evaluating MS4
Programs
(posted 2/22/07)
The
Office of Water published a new Municipal Separate Storm
Sewer System (MS4) Evaluation Guide on the U.S.
Environmental Protection Agency’s (EPA) stormwater website
at:
http://cfpub.epa.gov/npdes/stormwater/munic.cfm.
Available only on the web, the Guide is designed for use
by NPDES authorities to evaluate the quality of Phase I
and Phase II MS4 programs. It can be used for
comprehensive program evaluations or for certain
components of an MS4 program. The document is in
Microsoft Word format so that permit program managers can
modify it to meet the unique components of their
programs. On March 7, the Office of Wastewater Management
will hold a free web cast to provide an introduction to
the Guide. Registration information will be posted by
February 23 on the stormwater website at
http://cfpub2.epa.gov/npdes/outreach.cfm?program_id=0&otype=1.
(SJH)
WERF Seeking Proposals
(posted 2/22/07)
The
Water Environment Research Foundation (WERF) announced on
February 12 that it is requesting pre-proposals for a
long-term, comprehensive program leading to sustainability
and self-sufficiency of wastewater and solids treatment.
WERF is seeking to address the combined challenges of
solids volume reduction, resource recovery, and energy
management in order to develop and demonstrate economical
and environmentally responsible processes that improve
wastewater treatment and solids management operations
efficiencies and costs by at least 20%. On February 9 WERF
also issued a request for proposals (RFP) for research
that would provide biosolids managers and facility owners
and operators with the information needed to protect
groundwater resources in the vicinity of biosolids land
application sites. The research should also provide a
compendium of current best management practices for
groundwater protection at land application sites.
Additional information on both RFPs can be found at
http://www.werf.org/Content/NavigationMenu/Funding/OpenRFPs/default.htm.
(SJH)
House Science
Committee Passes Alternative Fuels Infrastructure Bill
(Posted 2/6/07)
The House
Science and Technology Committee on January 31 passed its
first energy-related bill of the year by a unanimous voice
vote. H.R. 547, the "Advanced Fuel Infrastructure Research
and Development Act," aims to lower the cost for
distribution of alternative fuels. The bill directs the
Energy Department and the National Institute of Standards
and Technology to research ways to use alternative fuels in
existing infrastructure, theoretically lowering the cost of
bringing those fuels to market. The other major portion of
the bill directs DOE and NIST to create an "affordable,
portable, quick and accurate way" to test the sulfur content
of ultra-low sulfur diesel fuel. The legislation was offered
in response to concerns from fuel distributors that diesel
fuel picks up enough sulfur during transport to fail the
U.S. EPA mandates for sulfur content. (SJH)
White House Issues
Executive Order on Developing Rules and Guidance
(Posted 2/6/07)
On January 18,
the Bush Administration issued an amendment to Executive
Order 12866 on Regulatory Planning and Review that imposes
new requirements and more specific instructions on how
federal agencies draft regulations and guidance documents.
It requires agencies to submit guidance documents to the
Office of Management and Budget (OMB) for review. Previously
only regulations required their review. On the same day, OMB
issued a bulletin to all agencies entitled “Final Bulletin
for Agency Good Guidance Practices” that establishes
policies and procedures for the development, issuance, and
use of “significant” guidance documents. According to a
memorandum from OMB Director Rob Portman, the bulletin “is
intended to increase the quality and transparency of agency
guidance practices and the significant guidance documents
produced through them.” The amendment to Executive Order
12866 is available at
http://www.whitehouse.gov/news/releases/2007/01/20070118.html.
The OMB bulletin is at
http://www.whitehouse.gov/omb/memoranda/fy2007/m07-07.pdf.
(SRT)
EPA Extends Comment
Period for Storm Water General Permits
(Posted 2/6/07)
On
December 11, 2006 (71 FR 71540), EPA published a notice of
the availability of seven National Pollutant Discharge
Elimination System (NPDES) General Permits for Storm Water
Discharges from Industrial Activities and requested comments
on the draft by January 10. EPA announced in the January 30
Federal Register that it has extended this comment period to
February 13. To view the Federal Register notice, visit:
http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-30/w1426.htm.
(SJH)
EPA Public Meeting on
Proposed NPDES Permit Fee Incentive Program
(Posted 2/6/07)
EPA announced in
the January 30 Federal Register that it will conduct a
public meeting on February 21 on the proposed regulatory
revision for the NPDES Permit Fee Incentive for Clean Water
Act Section 106 Grants Allotment Formula. This proposed rule
was published in the Federal Register on January 4 (72 FR
293. EPA officials will give a presentation on the proposed
regulation followed by a public comment session. The meeting
will be held from 1:00 - 4 pm EST at EPA Headquarters, EPA
East Building in conference room 1153. To view the Federal
Register notice, visit:
http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-30/w1420.htm.
(SJH)
House Water Resources
Subcommittee Approves Wastewater Bills
(Posted 2/6/07)
The House
Transportation and Infrastructure Committee's water panel
approved three bills on its markup agenda on January 31,
including reauthorization of a key loan program, the Clean
Water State Revolving Loan Fund (SRF). The Subcommittee on
Water Resources and Environment passed the "Water Quality
Financing Act of 2007," or H.R. 720, which would reauthorize
the SRF at $20 billion over 5 years for fiscal years 2008
through 2012. The Subcommittee also approved by voice vote
an amendment to H.R. 720 offered by Rep. Charles Boustany
(R-LA) that requires the Government Accountability Office to
conduct a study of other potential funding and investment
mechanisms and revenue sources for meeting the nation's
water infrastructure needs. Also passing the committee was
H.R. 569, the "Water Quality Investment Act of 2007," which
would authorize $1.8 billion over the next five years for
grants that would help municipalities pay for improvements
and upgrades to reduce the problem of overflows from
sanitary sewer systems and combined systems. The "Healthy
Communities Water Supply Act," or H.R. 700, would provide
$125 million to fund pilot alternative water supply
projects. (SJH)
EPA
Finalizes List of Unregulated Contaminants for Monitoring by
Drinking Water Systems
(1/16/06)
On January
4 EPA published the final list of 25 chemicals that must be
monitored by public drinking water utilities under the
Unregulated Contaminant Monitoring Regulation (UCMR).
Approximately 4,000 utilities will be required to monitor
the chemicals during a 12-month period between 2008 and 2010
to provide EPA and other interested parties with data on the
occurrence of these contaminants in drinking water. The
Agency will use the monitoring data to make determinations
on whether or not to regulate these contaminants. EPA is
required by the Safe Drinking Water Act (SDWA) to publish a
list of contaminants to be monitored every five years. EPA
published the first set of contaminants in 1999.
Perchlorate is the only contaminant removed from the
proposed list, published in August of 2005. Monitoring for
perchlorate was conducted during UCMR 1, and EPA agreed with
a large number of public comments that the Agency has a
valid set of data on perchlorate occurrence and potential
exposure. EPA will evaluate exposure and health effects
data in order to make a determination on whether or not to
regulate perchlorate. The final rule is available at
http://www.epa.gov/fedrgstr/EPA-WATER/2007/January/Day-04/w22123.htm
(SRT)
EPA Announces
Availability of Grants for Beaches and Coastal Areas
(1/16/07)
This week the U.S.
Environmental Protection Agency (EPA) announced the
availability of almost $10 million in grants for beach water
quality monitoring and public notification programs. According
to an EPA press statement, the agency has provided nearly $62
million in the last seven years under the Beaches
Environmental Assessment and Coastal Health (BEACH) Act of
2000. Thirty states and five territories are eligible for the
grants. The amount of money awarded is based on the length of
the beach season, miles of beaches, and number of beachgoers.
EPA is focusing efforts on developing new technologies to
rapidly analyze beaches for bacteria contamination. "The Bush
Administration is committed to keeping America's beaches and
Great Lakes shores clean and healthy," said EPA Assistant
Administrator for Water Benjamin H. Grumbles. "By improving
water quality and informing beachgoers, EPA is helping States
and communities protect public health and coastal ecosystems
and economies." Additional information is available at
www.epa.gov/waterscience/beaches/grants/. (SRT)
EPA Announces New
Directors of Research on Water, Human Health, and Ecology
(1/16/07)
On January 11 EPA
announced the selection of four national program directors in
the Office of Research and Development. Charles Noss, former
deputy executive director at the Water Environmental Research
Foundation, will lead the agency’s research on water quality.
Audrey Levine, former faculty member of the Department of
Civil and Environmental Engineering at the University of South
Florida in Tampa, will lead research for drinking water, Hugh
Tilson will be in charge of human health research, and Rick
Linthurst will direct ecological research. They will join four
other scientists selected by ORD in 2005 to lead research in
air, pesticides and toxics, contaminated sites and resource
conservation, and global change and mercury. (SRT)
Incentives Proposed for Clean
Water Permit Fees
(Posted
1/2/07)
Contact: (Media only) Dale Kemery, (202)
564-4355 / kemery.dale@epa.gov
Other inquiries: Lena Ferris, (202)
564-8831 / ferris.lena@epa.gov
(Washington,
D.C. - Dec. 21, 2006) A proposed EPA rule would provide a
financial incentive to states to use fees when running a clean
water permit program. EPA's rule would allot up to three
percent of state water pollution control grant funds to states
that have adequate National Pollutant Discharge Elimination
System (NPDES) permit fee programs.
"We encourage states to use permit fees for additional funding
for their clean water programs," said EPA Assistant
Administrator of Water Benjamin H. Grumbles. "A variety of
tools and funding approaches are needed for a strong program,
including having permitted facilities share the cost of
keeping water clean."
The increased cost of administering water permit programs has
prompted some states to levy permit fees to cover shortfalls.
Certain states, however, still operate with little or no
reliance on permit fees. The proposed
NPDES Permit Fee Incentive
for Clean Water Act Section 106 Grants; Allotment Formula
is designed to create financial incentives to prompt more
states to implement adequate fee programs and shift part of
the financial burden to those who benefit from the permits. It
will also allow states to move funds to other critical water
quality program activities. The proposed rule would not take
effect until after
Oct. 1, 2008. The proposed rulemaking includes a 60
day public comment period.
About the proposed permit fee:
http://www.epa.gov/owm/cwfinance/npdes-permit-fee.htm
About water pollution control programs:
http://www.epa.gov/owm/cwfinance/pollutioncontrol.htm
USEPA and Friends of the
Earth Urge Supreme Court Not to Review TMDL Decision
(Posted 12/4/06)
On November 24,
the U.S. Environmental Protection Agency (EPA) and Friends of
the Earth, represented by Earthjustice, filed separate briefs
with the Supreme Court arguing against review of the U.S.
Court of Appeals for the District of Columbia Circuit decision
in April that the word "daily" means "every day" in the Clean
Water Act for total maximum daily loads (TMDLs). The DC Water
and Sewer Authority filed a certiorari petition with the
Supreme Court July 24 seeking review of the case, and the
National Association of Clean Water Agencies submitted an
amici curiae brief to the high court. Both argued that the
decision places a burden on wastewater utilities, weakens the
national TMDL program, and creates a split between appellate
circuits on how TMDLs should be expressed. In Natural
Resources Defense Council Inc. v. Muszynski, the 2nd U.S.
Circuit Court of Appeals ruled that the term TMDL is open to a
broader range of meanings than discharge loads expressed in
daily increments.
EPA believes it can manage the decision using the approach
outlined in a memo issued November 15; by requesting daily
load allocations in all TMDLs but allowing them to be
implemented through permits in non-daily ways. "The court of
appeals erred in holding that the [Clean Water Act] requires
EPA to establish TMDLs as daily load allocations," EPA wrote
in its brief. "Nevertheless, the court's decision does not
warrant this Court's review. EPA recently issued a nationwide
guidance for expressing TMDLs as daily loads. As a result,
future controversies about the meaning of the CWA's provisions
for TMDLs will likely arise in significantly different
contexts." Fear that a Supreme Court ruling on the case might
require a major overhaul of the TMDL program is one of the
reasons for EPA’s position. (SRT)
EPA Recognizes Companies
and Individuals for Water Efficiency
(Posted 12/4/06)
EPA announced on
November 27 the winners of a new awards program aimed at
recognizing outstanding leadership and innovation in water
efficiency. Winners of the first Water Efficiency Leader (WEL)
Awards were chosen by a panel of national water experts and
based on three criteria: leadership, innovation, and water
saved. EPA has developed the WEL Awards in addition to a
variety of other initiatives, such as a product labeling
program and a national organization to foster water
efficiency. The program allows EPA to document best practices,
share information, and create a network of water efficiency
leaders. Award recipients gain national recognition for their
accomplishments, the opportunity to learn from other leaders,
and the right to market themselves as recipients of this
award. To view the Water Efficiency Leader Awards, visit:
http://www.epa.gov/water/wel/. (SJH)
EPA Issues Final
Regulation on Application of Pesticides to Waters of the US
(Posted
12/4/06)
In the November 27
Federal Register, EPA issued a final regulation stating that
the application of a pesticide in compliance with relevant
requirements of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) does not require a National Pollutant
Discharge Elimination System (NPDES) permit in two specific
circumstances. The first circumstance is when the application
of the pesticide is made directly to waters of the U.S. to
control pests that are present in the water. The second
circumstance is when the application of the pesticide is made
to control pests that are over or near waters of the U.S. This
rulemaking is based on the Agency's interpretation of the
definition of the term “pollutant” under the CWA as not
including such pesticides. This final rulemaking replaces
EPA's previously published Interim and Final Interpretive
Statements on the issue. The final regulation is effective on
January 26, 2007. To view the Federal Register notice, visit:
http://www.epa.gov/fedrgstr/EPA-PEST/2006/November/Day-27/p20002.htm.
(SJH)
EPA Inventory of
Sources and Releases of Dioxin-Like Compounds now Available
(Posted 12/4/06)
EPA announced in
the December 1 Federal Register that it has released a final
report titled, “An Inventory of Sources and Environmental
Releases of Dioxin-Like Compounds in the U.S. for the Years
1987, 1995 and 2000” (EPA/600/P-03/002F), which was prepared
by the National Center for Environmental Assessment (NCEA)
within EPA's Office of Research and Development (ORD). The
purpose of this report is to present a comprehensive inventory
and overview of sources and environmental releases of
dioxin-like compounds in the United States. The major
identified sources of environmental releases of dioxin-like
compounds are grouped into six broad categories: combustion
sources, metals smelting, refining and process sources,
chemical manufacturing sources, natural sources, and
environmental reservoirs. The document will be available
electronically through the NCEA Web site at
http://www.epa.gov/ncea.
To view the Federal Register notice, visit:
http://www.epa.gov/fedrgstr/EPA-RESEARCH/2006/December/Day-01/r20294.htm.
(SJH)
EPA Creates Award
to Recognize Leadership in Water Quality Trading
(Posted 12/4/06)
On November 20,
EPA announced the initiation of a new awards program to
recognize outstanding leadership in designing or implementing
water quality trading programs and policies. The Blue Ribbon
Water Quality Trading Awards will identify initiatives that
have achieved or will achieve environmental and economic
benefits and that most closely align with U.S. EPA's Water
Quality Trading Policy. The Award is designed to help EPA
promote water quality trading and create a network of trading
leaders throughout the country. Nominations must be received
by January 16, 2007. For more information about the Blue
Ribbon Water Quality Trading Awards Program, visit
http://www.epa.gov/owow/watershed/trading/awards.html.
(SRT)
Democrats Elect House and Senate Leaders, Some Committee Posts
Decided
(posted
11/21/06)
The House and
Senate Democrats elected their caucus leaders this week,
selecting Nancy Pelosi as the first woman Speaker of the House
and Steny Hoyer (D-MD) to the post of House Majority Leader.
Senate Democrats elected Senator Harry Reid (D-NV) as their
Majority Leader and Senator Dick Durbin (D-IL) Majority Whip.
Senate Republicans also elected their leaders, awarding the
post of Minority Leader to Senator Mitch McConnell (R-KY) and
the post of Minority Whip to Senator Trent Lott (R-MS).
Senator Reid also indicated that Senator Barbara Boxer (D-CA)
will become Chair of the Senate Environment and Public Works (EPW)
Committee when the 110th Congress convenes next year, and that
Senator Dianne Feinstein (D-CA) will likely take over as Chair
of the Senate Interior, Environment and Related Agencies
Appropriations Subcommittee. With the Democratic House
leadership race decided, Congressman John Murtha (D-PA) will
likely remain Chair of the Defense Appropriations
Subcommittee, and Congressman Norm Dicks (D-WA) will likely
remain Chair of the House Interior and Related Agencies
Appropriations Subcommittee, with jurisdiction over EPA’s
budget. There was speculation that if Murtha was elected
House Majority Leader, Dicks would move into the post of chair
of the defense appropriations panel.
Today,
Senator Boxer announced the re-organization of the Senate EPW
Committee, expanding the number of subcommittees from 4 to 6.
The subcommittees and their chairs will be: Subcommittee on
Public Sector Solutions to Global Warming, Oversight,
Children's Health Protection, and Nuclear Safety, chaired by
Boxer herself. Joseph Lieberman (I/D-CT) will head the
Subcommittee on Private Sector and Consumer Solutions to
Global Warming and Wildlife Protection. Frank Lautenberg (D-N.J.)
will chair the Subcommittee on Transportation Safety,
Infrastructure Security, and Water Quality. Among other
things, that subcommittee has jurisdiction over drinking
water, chemical, and wastewater security. Tom Carper (D-DE)
will chair the Subcommittee on Clean Air, Nuclear Plant
Security, and Community Development. Sen. Max Baucus (D-MT)
will chair the Subcommittee on Transportation and
Infrastructure and Hillary Rodham Clinton (D-N.Y.) will head
the Subcommittee on Superfund and Environmental Health. (PS)
EPA
Releases Memo on Establishing TMDL “Daily” Loads
(posted 11/21/06)
In response
to a U.S. Court of Appeals for the District of Columbia
Circuit decision in April that the word "daily" means "every
day" in the Clean Water Act for total maximum daily loads
(TMDLs), the U.S. Environmental Protection Agency (EPA)
finalized a memo on November 15 clarifying their expectations
for TMDL time increments. In the memo, EPA states that all
TMDLs should contain daily limits, but that there is
flexibility in how these limits are implemented. “EPA
recommends that all future TMDLs and associated load
allocations and wasteload allocations be expressed in terms of
daily time increments. However, EPA does not believe that the
Friends of the Earth decision requires any changes to EPA’s
existing policy and guidance describing how a TMDL’s wasteload
allocations are implemented in NPDES permits.” In the memo,
EPA provides examples demonstrating flexibility in how daily
time increments may be expressed in TMDLs. EPA also makes it
clear that the development of future TMDLs according to state
schedules is the highest priority at this time, not revising
already approved TMDLs. EPA expects to release three draft
fact sheets on how to apply the flexibility outlined in the
memo to actual TMDL development methods sometime next week.
WEF has met with EPA to discuss their approach to the court
decision and its implications on the TMDL program and has a
work group ready to comment on the fact sheets. If you would
like a copy of the EPA memo, please e-mail your request to
sthomas@wef.org.
(SRT)
U.N. Report Reports
Proliferation of Dead Zones (Posted
10/25/06)
There are about
200 low-oxygen "dead zones" threatening fisheries worldwide,
according to a report by U.S. scientists attending a United
Nations meeting on marine pollution in China. A primary cause
of the problem: nitrogen-rich farm runoff. Algal blooms can
also be triggered by nutrients from sewage, animal wastes and
atmospheric deposition from the burning of fossil fuels. The
best known low-oxygen, or hypoxic, area in the U.S. has spread
over more than 6,000 square miles in the Gulf of Mexico. The
dead zone emerges each spring and summer, as snowmelt from the
Missouri and Atchafalaya rivers reaches the gulf. Other
hypoxic areas have appeared off South America, China, Japan,
southeast Australia and New Zealand. Robert Diaz, a professor
at the Virginia Institute of Marine Science, told the U.N.
meeting that the full list of new or newly registered dead
zones would be available in early 2007. Diaz said the list
would include areas in the Archipelago Sea, Finland; the Fosu
Lagoon, Ghana; the Pearl River Estuary and the Changjiang
River, China; the Mersey Estuary, United Kingdom; the Elefsis
Bay, Aegean Sea, Greece; Paracas Bay, Peru; Mondego River,
Portugal; Montevideo Bay, Uruguay; and the Western Indian
Shelf. The data presented at the Beijing conference shows that
nitrogen exports to the marine environment from rivers are
expected to rise globally by 14 percent by 2030 when compared
with the mid 1990s. To download a copy of the report, visit:
http://www.gpa.unep.org/document_lib/en/pdf/report2-webversion_(global_soe).pdf.
(SHJ)
EPA Reports Acid Rain
Program Success
(Posted 10/25/06)
EPA released its
Acid Rain Program 2005 Progress Report on October 16, marking
the 11th year of the program. Since 1995, the program has
significantly reduced acid deposition in the United States by
decreasing sulfur dioxide (SO2) and nitrogen oxides (NOx)
emissions. According to EPA, overall compliance with the Acid
Rain Program has been consistently high, nearly 100 percent,
with no units out of compliance in 2005. In 2005, SO2
emissions from electric power generation were more than 5.5
million tons below 1990 levels. NOx emissions were down by
about 3 million tons below 1990 levels. The Acid Rain Progress
report summarizes human health and environmental improvements
due to the program and includes sections on compliance
strategies, surface water quality monitoring, environmental
justice, and EPA's framework for accountability. Complete
emission and allowance data, as well as atmospheric deposition
and air quality maps can be found at:
http://www.epa.gov/airmarkets. To view the Acid
Rain Program 2005 Progress Report, visit:
http://www.epa.gov/airmarkets/cmprpt/arp05. (SJH)
EPA Invites Public
Participation in Development of Nanotechnology Program
(Posted 10/25/06)
This week EPA sent
letters to organizations and individuals inviting
participation in the design and development of a stewardship
program that will help the agency better understand the
potential risks and benefits of nanotechnology. Nanotechnology
is the science of creating or modifying materials at the
atomic and molecular level to develop new or enhanced
materials and products. The stewardship program will
complement the agency's new and existing chemical programs
under the Toxic Substances Control Act (TSCA). "By bringing
people together to address this emerging technology, we can be
well positioned to ensure the responsible development of
nanotechnology, while at the same time, realizing its promise
for a better tomorrow," said Jim Gulliford, assistant
administrator for Prevention, Pesticides and Toxic Substances
at EPA. Development and implementation of this program will
include public scientific peer consultations to discuss risk
management practices and characterization for nanoscale
materials; an overall framework document describing the TSCA
program for nanoscale materials; a document on distinguishing
the TSCA Inventory status of "new" versus "existing" chemical
nanoscale materials; a concept paper describing EPA's thinking
for the Stewardship Program; workshops examining the pollution
prevention opportunities for nanoscale materials; and a public
meeting to discuss these documents and program elements.
Additional information about the Nanoscale Materials
Stewardship Program under TSCA is at
http://epa.gov/oppt/nano/index.htm. (SRT)
Guide to Disposing of
Drinking Water Treatment Plant Waste
(Posted 10/25/06)
A new guide to
help drinking water treatment plants properly dispose of their
solid waste by-products is now available from the U.S.
Environmental Protection Agency (EPA). The eight-page guide
gives step-by-step recommendations on identifying whether
solid waste is hazardous, determining the regulatory status
(based on size) of a treatment plant that produces waste, and
waste disposal options. It also provides EPA references and
websites to learn more about federal regulations regarding
solid waste disposal under the Resource Conservation and
Recovery Act. To view the guide, visit:
http://www.epa.gov/safewater/arsenic/pdfs/guide_arsenic_disposalhazardous-nonhazardous.pdf.
(SJH)
EPA Requests Nominations
for Drinking Water Contaminant Candidate List
(Posted 10/25/06)
EPA announced in
the October 16 Federal Register that it is requesting
nominations of chemical and microbial contaminants for
possible inclusion in the third drinking water Contaminant
Candidate List (CCL 3). EPA is requesting information that
shows the nominated contaminant may have an adverse health
effect on people and that the contaminan | |