Regulatory Updates for Wastewater Treatment Facility Operators

I. Storm Water Phase II Final Rule

The Storm Water Phase II Final Rule is an expansion of the U.S. Environmental Protection Agency (EPA) Phase I program promulgated under the 1990 Clean Water Act. The Phase I relies on the permitting of storm water runoff through the National Pollutant Discharge Elimination System (NPDES). The new Phase II Final Rule expands the permit requirements to smaller municipal separate storm sewer systems (MS4s) not already covered by Phase I of the NPDES storm water program, (Fact Sheets 2.1 and 2.2). Additionally, operators of small construction activities that disturb less than 5 acres but more than or equal to 1 acre of land are now affected (Fact Sheet 3.0). The goal of the Phase II Final Rule is to implement storm water discharge management controls known as "best management practices" (BMPs). For additional information:

New York State Department of Environmental Conservation (NYSDEC)
Internet: New York State DEC Stormwater Information
Internet: Wet Weather Training

U.S. EPA Office of Wastewater Management
Phone: (202) 260-5816
E-Mail: sw2@epa.gov

Contact the U.S. EPA Water Resources Center
Phone: (202) 260-7786
E-Mail: center.water-resource@epa.gov

II."Proposed" EPA Registration of Chlorine Gas:

The Environmental Protection Agency (EPA) is currently in the process of initiating a Re-registration Eligibility Decision (RED) on the pesticide chlorine gas. Previously some users of chlorine gas were required to be certified pesticide applicators. Some industries such as water supply facilities and wastewater treatment plants were exempted from such certification. The proposal is to require label revisions which would require all applications of chlorine gas as a "restricted" use. This has arisen from the acute toxicity of chlorine gas and the need to regulate its use and application. Regarding Certified Operators of Waste Water Treatment Plants (WWTP), the NYSDEC Facility Operations Assistance Section of the Bureau of Watershed Compliance has been in contact with our counterparts in Pesticides for guidance on certification requirements. A minimum grade of pesticide applicator certification is being sought. There may be some crossover wastewater training that may be applicable towards certification as a pesticide applicator. Until the new ruling is officially promulgated, it is unclear what the true impact will be to wastewater treatment plants using chlorine gas as a disinfection agent. The ruling will not apply to facilities using hypochlorites for disinfection. This "Update" will be revised pending a final determination by EPA. For further information you can contact Pat Dobak; telephone number (703) 308-8180; fax number (703)308-7042; email dobak.pat@epa.gov. For information on chlorine gas, visit the Office of Pesticides' Reregistration Eligibility Decisions website (see link at bottom of page).

DEC recently completed an EPA questionnaire that was intended to gather information from each of the states on chlorine gas usage. The information will assist EPA in decision making on restricted uses as well as implementation of restricted uses.

In the event this proposed regulation is promulgated, we will work with DEC's Pesticide Compliance Section to see if the chlorination and chlorine safety part of the Basic Operations Course can satisfy the training requirement for the apprentice level of pesticide applicator.

In NYS, there are 180 communities that use chlorine gas at their WWTP's.

Update 9/2003 - Representatives from the Association of Boards of Certification, Association of Metropolitan Sewerage Agencies, Association of State & Interstate WPC Administrators, and Water Environment Federation met with the Office of Pesticide Programs and other EPA officials to discuss the 9/2000 decision to re-classify chlorine gas as a "Restricted Use Pesticide". The stakeholders reiterated their concerns of duplicative and burdensome licensing requirements. The allowance of State Certification to serve as a "surrogate" was proposed. Exemption language for container labeling also needs to be worked out. EPA stakeholders will meet again in October.

III. "Proposed" EPA New Sewer Overflow Rule

(Notice of Proposed Rule Making 1/2001)

In an effort to reduce Sanitary Sewer Overflows (SSOs), The Environmental Protection Agency (EPA) is proposing expanding permit requirements under the Clean Water Act for 19,000 municipal sanitary sewer collection systems. Systems that will be covered by the new ruling includes 4,800 municipal satellite collection systems which will be directly regulated by the Clean Water Act for the first time. A satellite collection system is one where the collection system owner or operator is different from the treatment facility. The regulation is an expansion of the National Pollutant Discharge Elimination System (NPDES) permit authority. The goal is to reduce the frequency of occurrence of sanitary sewer overflows due to the public health risks associated with potential exposure to untreated sanitary sewage. Overflows can contaminate water supply sources, close beaches and shell fishing areas, impact fisheries, and even back up into basements causing property damage and threats to public health. The main aspects of the new ruling would address; Capacity Assurance, Management, Operation and Maintenance Programs; Notifying the Public and Health Authorities; Prohibition of Overflows; and Expanding Permit Coverage to Satellite Systems. For additional information concerning this proposed SSO regulation, contact Kevin Weiss weiss.kevin@epa.gov. You can also visit the EPA website on the SSO rules (see link at bottom of page).

Update 9/2003 - Discussions and debates over blending had the regulation stuck in EPA. They have now sent the Draft Blending Guidance to the White House Office of Management and Budget (OMB). The Guidance appears to be responsive to the POTW's concern that limiting the practice of blending would result in costly design requirements. They may possibly be looking at another Notice of Proposed Rule Making in 12/2003.

The Water Environment Federation has a website for the EPA's SSO Policy and Capacity, Management, Operations, and Maintenance (CMOM) regulations. The website is devoted to CMOM education, training, discussion groups, and more.

IV. Solid Waste Management Regulations

Effective March 10, 2003, the regulations (Part 360) for governing the recycling of biosolids changed. Recycling methods that are covered include land application, composting, lime treatment, and heat drying. The purpose of the change was to bring the Federal criteria from Part 503 into Part 360 that were not already there. If you have a Part 360 permit, you do not have to comply with the new regulations until the permit expires. For more information on these changes, please contact Sally Rowland at (518) 402-8678, or e-mail: sjrowlan@gw.state.ny.us

V. Wastewater Infrastructure Funding

There are several proposed amendments to the Clean Water Act that are intended to address the clear need for increased capital funding for wastewater infrastructure improvements. Many of the nation's 16,000 sewer systems and wastewater treatment plants are old and in desperate need of repairs, replacement, and upgrade. USEPA's "Gap Analysis" documented wastewater capital funding needs of $331 to $450 billion for the next 20 years(2000-2019). For that same period, the operational and maintenance gap was $72 to 229 billion. The report is entitled Clean Water and Drinking Water Infrastructure Gap Analysis and can be found on the EPA website (see link below).

The American Society of Civil Engineers released the Report Card for America's Infrastructure for 2003 that looked at the condition of our roads, bridges, and other public works systems e.g. wastewater plants. The report examined the current trend of deteriorating infrastructure and estimated a total of $1.3 trillion was needed in 2001.

The Clean Watersheds Needs Survey 2000 Report to Congress identified $181.2 billion in needs for wastewater treatment and collection facilities for funding through the Clean water state Revolving Fund. This was an increase in 26.6 billion from 1996. Future investments may focus more capital renewal (rehabilitation/replacement) and less on infrastructure improvements(increasing capacity for economic expansion).

Summarized below are the various bills that are in the House and Senate. For the latest status, check Thomas's Legislative Information on the Internet (see link below)

H.R. 20 Clean Water Infrastructure Financing Act of 2003 - Introduced in the House on 1/7/2003. It provides for $25 billion over five years(2004 - 2008) for State Water Pollution Control State Revolving Funds(SRF)

S.170 Clean Water Infrastructure Financing Act of 2003 - Introduced in the Senate on 1/15/2003. It provides for $15 billion ($3 billion each year from 2003 through 2007) for SRF

H.R. 1560 Water Quality Financing Act of 2003 - Introduced in the House on 4/2/2003. It provides for the same annual SRF funding level as FY 2002 - $1.3 billion. Competitive procedure for awarding grants, funding conditional on analyses of "public-private partnerships"