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NACWA submitted two separate sets of comments to EPA this week, one providing the Association’s response to a request for public input on sanitary sewer collection system and sanitary sewer overflow (SSO) issues, and the other set outlining NACWA’s position on a proposed rule that would define sewage sludge destined for incineration as a non-hazardous solid waste.  Both of these issues could significantly impact the clean water community and NACWA is distributing this Alert to update members on the Association’s advocacy in response to these issues and provide members with a copy of the Association’s comment letters.

Sanitary Sewer System Rule Comment Letter

NACWA submitted comments August 2 in response to EPA’s June 1 Federal Register notice requesting public input on potential sanitary sewer collection system regulations, including whether the Agency should consider pursuing a comprehensive national policy to address sanitary sewer overflows (SSOs).  Additional information on the June 1 notice is available in Advocacy Alert 10-14.  NACWA’s comments applaud EPA for taking an important first step towards addressing SSOs and encourage the Agency to pursue a comprehensive, holistic approach to the regulation of sanitary sewer collection systems and SSOs that will provide clean water utilities with much-needed regulatory predictability and consistency.  The comments outline NACWA’s position on a number of sanitary sewer collection system issues that EPA highlighted in the request for public input, including reporting and notification issues; capacity, management, operation, and maintenance (CMOM) requirements; permitting of satellite collection systems; and how to address peak wet weather flows at wastewater treatment plants.

The NACWA comment letter emphasizes the need for utility-specific flexibility with regard to both reporting and notification requirements and potential CMOM programs.  The comments also highlight the need to separate capacity issues from MOM issues, recognizing that these two concepts require vastly different types of evaluations and analyses and cannot be addressed in a single process.  With regard to satellite collection systems, the comments stress the need for satellites to be brought within the existing Clean Water Act permitting system and encourage EPA to explore a variety of different ways to better regulate satellites.  Additionally, the comments reiterate NACWA’s longstanding position that a zero overflow standard for SSOs is inappropriate, technologically impossible, and does not reflect the risks posed to water-quality by overflows.  On the issue of peak wet weather flows, the comments clearly state that the use of blending is absolutely essential for many clean water utilities to treat wet weather flows and still meet effluent limits.  The letter further outlines NACWA’s position that all options regarding peak flows must be on the table as EPA considers a comprehensive SSO policy, including a final SSO regulation that authorizes peak flow treatment scenarios at POTWs without classifying such peak flow treatment under the current bypass regulation.

The submission of these comments by NACWA marks the culmination of significant participation by the Association in EPA’s stakeholder input process regarding sanitary sewer collection issues, including NACWA attendance at all of EPA’s Listening Sessions and a public statement at the Washington, DC Listening Session in July.  NACWA will continue to communicate closely with EPA regarding the Agency’s possible next steps on sanitary sewer collection system and SSO issues and will keep the membership updated on any developments.

Sewage Sludge as Non-Hazardous Solid Waste Comment Letter

NACWA submitted comments August 3 in response to EPA’s June 4 proposed rule that defines sewage sludge bound for incineration as a non-hazardous solid waste.  While EPA downplays the impact of the rule, NACWA’s comments highlight that the proposal, if finalized, will have an immediate and significant impact on the ability of many of NACWA’s members to manage the sewage sludge they generate on a daily basis.  With the list of available options for managing biosolids continuing to shrink for many municipalities, NACWA’s letter underscores that EPA’s proposed action will have a devastating impact on sewage sludge incineration – which is used to manage approximately a fifth of the sludge generated annually in the U.S.  Under EPA’s proposed approach, combustion units burning solid wastes would be regulated under the more onerous Section 129 Clean Air Act (CAA) requirements, while those burning ‘legitimate secondary materials’ (i.e., not solid wastes) would be regulated under Section 112 of the CAA.  Beyond incineration, EPA’s proposal will also “eviscerate progress toward a new, viable source of renewable energy for the country,” as any combustion unit burning sewage sludge will be required to meet the more stringent Clean Air Act Section 129 requirements.

NACWA’s comments request that EPA:

1. Exercise its discretion and exclude or exempt sewage sludge that is combusted from the final rule’s definition of non-hazardous solid waste and preserve the current successful regulatory framework for sewage sludge and sewage sludge incinerators (SSIs) pursuant to the regulations contained within 40 C.F.R. Part 503 (Part 503).
   
   
2. Recognize that sewage sludge and scum (a.k.a. skimmings, the floatable materials removed during wastewater treatment) are legitimate fuels.
   
   
3. Classify the energy recovery and energy production devices employed by POTWs, both as elements of the incineration process and as stand-alone processes, as legitimate energy recovery systems.
   
   
4. Strengthen the language in the Proposed Rule to clearly indicate that its determination that sewage sludge is a non-hazardous solid waste does not apply to, and will not impact, other sewage sludge management options regulated under Part 503.

NACWA also requests that EPA decouple finalization of the Proposed Rule from the finalization of the proposed Commercial/Industrial Solid Waste Incinerators (CISWI) Definitions Rule, 75 Fed. Reg. 31938, and the proposed Boiler Maximum Achievable Control Technology (MACT) Rule, 75 Fed. Reg. 32005, both issued in the Federal Register on June 4, 2010.  EPA is trying to complete all the rules by a court ordered deadline of December 2010, but NACWA believes that finalization of the proposed rules in tandem is inappropriate as stakeholders must know what solid wastes are covered under the new rule before they can meaningfully comment on the solid waste incineration and boiler rules.

NACWA plans to meet with EPA in the coming weeks as it reviews the comments on the proposal.  In addition, NACWA is expecting EPA to release proposed CAA Section 129 standards for SSIs this month, and NACWA is preparing to review and comment on that proposal as well.

NACWA will keep members fully informed of developments on both the SSO and SSI efforts and appreciates the many comments and input received from Association members that helped inform these comment efforts.