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Water Online's EPA Update: April 7, 2010

April 7, 2010

Welcome to Water Online's review of the latest U.S. Environmental Protection Agency (EPA) regulations, resources, and activities related to the water, wastewater, and stormwater industries. EPA offices and programs covered in this installment are listed below. Click on an office or program name to go directly to that section of the article.

  • Office of Water (OW)
    • EPA Issues Comprehensive Guidance To Protect Appalachian Communities From Harmful Environmental Impacts Of Mountaintop Mining
    • Revised Guidance For The Public Notification (PN) Rule Now Available
    • EPA Proposes Veto Of Mine Permit Under The Clean Water Act
    • EPA Holds Additional Public Hearings On Proposed Water Quality Standards
    • EPA Seeking Public Comment On 303(d) Program Of The Clean Water Act And Ocean Acidification
    • EPA Climate Reports Available Online
    • EPA Administrator Jackson Outlines New Vision For Clean, Safe Drinking Water
  • National Risk Management Research Laboratory (NRMRL)
    • Concrete Sewer Pipe Vulnerable To Corrosion
    • Sustainability Metrics -- A Test
    • Watershed Central: A New Interactive Management Tool
  • Environmental Technology Verification (ETV) Program
    • ETV Verified Technologies
    • Vendor Solicitations
    • Upcoming Conferences and Meetings
  • Other EPA News
    • EPA To Scrutinize Environmental Impact Of Bisphenol A
    • EPA Recognizes Partners For Major Waste And Chemical Reductions 
    • EPA Releases Public Database On Risk Assessments


Office of Water (OW)

EPA Issues Comprehensive Guidance To Protect Appalachian Communities From Harmful Environmental Impacts Of Mountaintop Mining 
The U.S. Environmental Protection Agency (EPA) announced a set of actions to further clarify and strengthen environmental permitting requirements for Appalachian mountaintop removal and other surface coal mining projects, in coordination with federal and state regulatory agencies. Using the best available science and following the law, the comprehensive guidance sets clear benchmarks for preventing significant and irreversible damage to Appalachian watersheds at risk from mining activity. 

Mountaintop removal is a form of surface coal mining in which explosives are used to access coal seams, generating large volumes of waste that bury adjacent streams. The resulting waste that then fills valleys and streams can significantly compromise water quality, often causing permanent damage to ecosystems and rendering streams unfit for swimming, fishing and drinking. It is estimated that almost 2,000 miles of Appalachian headwater streams have been buried by mountaintop coal mining.

EPA's Actions: 

  • Improved Guidance and Clarity: EPA is communicating comprehensive guidance to its regional offices with permitting responsibility in Appalachian states. The guidance clarifies existing requirements of the Section 402 and 404 Clean Water Act permitting programs that apply to pollution from surface coal mining operations in streams and wetlands. The guidance details EPA's responsibilities and how the agency uses its Clean Water Act (CWA) authorities to ensure that future mining will not cause significant environmental, water quality and human health impacts. EPA also expects this information will provide improved consistency and predictability in the CWA permitting process and help to strengthen coordination with other federal and state regulatory agencies and mining companies. 
  • Strong Science: EPA is making publicly available two scientific reports prepared by its Office of Research and Development (ORD). One summarizes the aquatic impacts of mountaintop mining and valley fills. The second report establishes a scientific benchmark for unacceptable levels of conductivity (a measure of water pollution from mining practices) that threaten stream life in surface waters. These reports are being published for public comment and submitted for peer review to the EPA Science Advisory Board (SAB). • Increased transparency: EPA is creating a permit tracking Web site so that the public can determine the status of mining permits subject to the EPA-U.S. Army Corps of Engineers Enhanced Coordination Procedure (ECP). 

EPA will solicit public comments on the new guidance. The guidance will be effective immediately on an interim basis. EPA will decide whether to modify the guidance after consideration of public comments and the results of the SAB technical review of the EPA scientific reports.

All the documents: http://www.epa.gov/owow/wetlands/guidance/mining.html 

For the full press release: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/4145c96189a17239852576f8005867bd!OpenDocument 

 

Revised Guidance For The Public Notification (PN) Rule Now Available 
The U.S. Environmental Protection Agency (EPA) has revised and released three guidance documents for the Public Notification (PN) Rule: The Revised State Implementation Guidance for the Public Notification (PN) Rule, the Revised Public Notification Handbook, and the Revised Public Notification Handbook for Transient Noncommunity Systems. These documents provide implementation guidance to assist EPA Regions and states exercising primary enforcement responsibility (primacy) under the Safe Drinking Water Act (SDWA) as well as guidance to aid public drinking water systems in complying with the Public Notification (PN) Rule. 

These documents can be accessed on EPA's Web site at http://www.epa.gov/safewater/publicnotification/compliancehelp.html 

Hard copies are also available at the National Service Center for Environmental Publications (NSCEP). Interested parties may call NSCEP at 1-800-490-9198 and refer to document numbers EPA 816-R-09-012, EPA 816-R-09-013, and EPA 816-R-09-009, respectively. 

 

EPA Proposes Veto Of Mine Permit Under The Clean Water Act 
The U.S. Environmental Protection Agency (EPA) announced its proposal under the Clean Water Act to significantly restrict or prohibit mountain top mining at the Spruce No. 1 surface mine in Logan County, W. Va. Spruce No.1 mine is one of the largest mountaintop removal operations ever proposed in Central Appalachia. The project was permitted in 2007 and subsequently delayed by litigation. The Spruce No. 1 mine would bury over 7 miles of headwater streams, directly impact 2,278 acres of forestland and degrade water quality in streams adjacent to the mine. 

EPA's proposed determination comes after extended discussions with the company failed to produce an agreement that would lead to a significant decrease of the environmental and health impacts of the Spruce No. 1 mine. EPA has used its Clean Water Act veto authority in just 12 circumstances since 1972 and never for a previously permitted project. The proposed determination identifies numerous potential adverse impacts associated with the Spruce No. 1 project including water quality impacts, fish and wildlife impacts, mitigation impacts, and cumulative mining impacts.

Clean Water Act (CWA) Section 404(c) authorizes EPA to restrict or prohibit placing certain pollutants in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in "unacceptable adverse impacts" to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the CWA. A final decision to restrict or prohibit the Spruce No.1 mine will be made at EPA Headquarters based on a recommendation from the Regional Administrator, public comments, and discussions with the Army Corps of Engineers and the Mingo Logan Coal Company.

The proposed determination is being published in the federal register and EPA is taking public comment for 60 days. EPA is also scheduling a public hearing in West Virginia to provide an additional opportunity for public input. 

The proposed determination: http://www.epa.gov/region03/mtntop/spruce1documents.html

 

EPA Holds Additional Public Hearings On Proposed Water Quality Standards 
The U.S. Environmental Protection Agency (EPA) is holding several public hearings in April, in addition to the public hearings that were held in February, to receive more input on the agency's proposed Florida water quality standards. The standards will protect people's health, aquatic life and the long-term recreational uses of Florida's waters, which are a critical part of the state's economy.

The additional hearings are scheduled for: 

April 13, 2010: Fort Myers 
Harborside Event Center 
1375 Monroe Street, Fort Myers, Fla. 33901
12:00 p.m. to 4:00 p.m. and 6:00 p.m. to 9:00 p.m. 

April 14, 2010: Tampa 
Hilton Tampa Airport 
2225 North Lois Avenue, Tampa, Fla. 33607
12:00 p.m. to 4:00 p.m. and 6:00 p.m. to 9:00 p.m. 

April 15, 2010: Jacksonville 
Clarion Hotel Airport Conference Center 
2101 Dixie Clipper Drive, Jacksonville, Fla. 32218
1:00 p.m. to 5:00 p.m. and 7:00 p.m. to 10:00 p.m. 

EPA is accepting public comments on the proposed standards through April 28 More on the proposed rule and public hearings: 
http://www.epa.gov/waterscience/standards/rules/florida/

 

EPA Seeking Public Comment On 303(d) Program Of The Clean Water Act And Ocean Acidification 
The U.S. Environmental Protection Agency (EPA) is seeking public comment on ocean acidification as it relates to Clean Water Act section 303(d) (also known as the Total Maximum Daily Loads Program) through a Federal Register notice (FRN). In the FRN, EPA is soliciting specific input on what considerations EPA should take into account when deciding how to address listing of waters as threatened or impaired for ocean acidification (OA) under the 303(d) program. 

By November 15, 2010, EPA will complete a memorandum that describes how EPA intends to proceed with its section 303(d) program in light of the responses to the notice. There is a 60 day public comment period on this FRN, which lasts until May 21, 2010. 

The FRN is titled "The Clean Water Act Section 303(d): Notice of Call for Public Comment on 303(d) Program and Ocean Acidification" and is posted at: http://www.epa.gov/owow/tmdl/oceanfrMarch_2010/

 

EPA Climate Reports Available Online 
The U.S. Environmental Protection Agency's (EPA) Office of Water has issued the National Water Program Climate Change Strategy 2009 Progress Report. The report summarizes the climate change accomplishments of the National Water Program through 2009. The report, along with highlights factsheets, is available at: http://www.epa.gov/ow/climatechange/implementation.html

EPA's Climate Ready Estuaries program recently issued its 2009 Progress Report, describing ongoing efforts to assist coastal communities in preparing for the impacts of climate change. This report features the activities of each of the program's 11 partners and key lessons learned in the adaptation-planning process. The Progress Report can be downloaded at: http://www.epa.gov/cre/downloads/2009-CRE-Progress-Report.pdf

 

EPA Administrator Jackson Outlines New Vision For Clean, Safe Drinking Water
In a speech at the Association of Metropolitan Water Agencies (AMWA) annual conference in Washington, D.C., U.S. EPA Administrator Lisa P. Jackson announced the agency is developing a broad new set of strategies to strengthen public health protection from contaminants in drinking water. The aim is to find solutions that meet the health and economic needs of communities across the country more effectively than the current approach. EPA is also announcing a decision to revise the existing drinking water standards for four contaminants that can cause cancer. 

This shift in drinking water strategy is organized around four key principles:

  • Address contaminants as a group rather than one at a time so that enhancement of drinking water protection can be achieved cost-effectively.
  • Foster development of new drinking water treatment technologies to address health risks posed by a broad array of contaminants.
  • Use the authority of multiple statutes to help protect drinking water.
  • Partner with states to share more complete data from monitoring at public water systems.

Stricter Standards Appropriate for Four Contaminants 
While exploring this shift in strategy, EPA continues to look for opportunities to increase protection using traditional approaches. In the newly finalized review of existing drinking water standards, EPA determined that scientific advances allow for stricter regulations for the carcinogenic compounds tetrachloroethylene, trichloroethylene, acrylamide and epichlorohydrin. Within the next year, EPA will initiate rulemaking efforts to revise the tetrachloroethylene and trichloroethylene standards using the strategy's framework. Revision of epichlorohydrin and acrylamide standards will follow later. As EPA looks at its new approach to addressing groups, the agency will consider whether revisions to these standards fit into that approach.

Ongoing Regulatory Actions
There are ongoing efforts on 14 other drinking water standards. For example, EPA is considering further revisions to the lead and copper rule in order to better address risks to children. EPA also has ongoing health risk assessments or information gathering for chromium, fluoride, arsenic, and atrazine. EPA continues to consider whether to regulate perchlorate. When these efforts are complete, should additional action be required, EPA will move ahead to address any risks in an expedited manner.

More information on the strategy: http://www.epa.gov/safewater/sdwa/dwstrategy.html 

More information on the six-year review: http://www.epa.gov/safewater/review.html 

For the complete news announcement: http://yosemite.epa.gov/opa/admpress.nsf/0/BBD6B38FA4F29ACE852576EE004A4DDE

For more information on the EPA Office of Water, visit www.epa.gov/ow.

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National Risk Management Research Laboratory (NRMRL)

Concrete Sewer Pipe Vulnerable To Corrosion
Under certain conditions, the microorganisms that are naturally present in urban wastewater systems can convert hydrogen sulfide in the water to sulfuric acid. When this happens, even durable concrete pipes are vulnerable to corrosion. EPA water researchers in the National Risk Management Research Laboratory are studying concrete sewer pipe damage by analyzing the DNA of microorganisms that trigger chemical attacks on pipe walls. Data from this research will help to develop more sustainable wastewater systems.

Background
The potential health risks of aging water infrastructures in American cities are generating concern among professionals in drinking water utilities, municipal sewer districts and government agencies. The scientific understanding of precisely how water distribution systems age and why they eventually fail is basic to EPA's clean water mission and to its Aging Water Infrastructure (AWI) research program. NRMRL water researchers have expanded on existing EPA studies of microbial corrosion in drinking water systems by turning their attention to microbial corrosion in concrete sewer systems.

Understanding "Sewer Bugs"
One approach to a better understanding of microbial communities ("sewer bugs") responsible for the production of sulfuric acid is through the analysis of their DNA. Sequence analysis of 16S rDNA and functional gene clone libraries (collections of genetic signatures) can be used to describe the phylogenic affiliation (specific bacterial species) and function potential (what they can do) of microbial communities associated with microbial-induced concrete corrosion (MICC).

Since August 2008, EPA researchers have been using this approach to develop data for bioassays that can specifically determine the abundance of concrete biofilm bacteria (bugs attached to concrete surfaces) and MICC-related processes. In cooperation with the Greater Cincinnati Metropolitan Sewer District, EPA researchers are studying real-world examples of corroded sewer pipe and locations within the district where a variety of pipe samples can be taken.

Pipe samples are taken to the lab where DNA is extracted and used to develop clone libraries. These clone libraries are then examined using gene sequence analysis and, via the use of bioinformatics, the identity of the bugs associated with the biofilms are revealed. Thus far, more than 2,000 clones have been analyzed and the data suggest that the concrete biofilms hold a diverse bacterial community. Among the bugs identified are bacterial groups previously isolated from biofilms implicated in concrete corrosion. This data will be used to study particular functional groups to better understand the dynamics of concrete corrosion.

The development of comprehensive databases for bacterial communities in sewer systems within a wide range of corrosion conditions is crucial in identifying bacterial groups that could form the basis for bioassays used to develop innovative condition assessment tools for monitoring MICC. The expected outcomes of this research are lowered costs of operation, maintenance and replacement of aging water infrastructures and reduced life-cycle costs of wastewater conveyance systems.

Preliminary results of this research will be presented in May at the American Society for Microbiology Annual Meeting to be held in San Diego.

 

Sustainability Metrics -- A Test
EPA researchers have developed a multidisciplinary method for measuring movement toward — or away from — sustainability across a region for a 26-year period. Sustainability specialists in the National Risk Management Research Laboratory, in collaboration with staff from National Health and Environmental Effects Research Laboratory and EPA Region 8, have assembled a data set for a region in south-central Colorado that includes economic, social, and environmental variables. The challenge: to apply scientifically defensible metrics of sustainability to on-the-ground problems. The goal: to develop common sense, robust and affordable methodologies for evaluating and managing environmental issues, while preserving regional economic and social well being over the long term so regions can become more sustainable.

Some Preliminary Results
As predicted, this methodology appears to capture trends in a regional system. Its application to the San Luis Basin Project (which concludes this year) shows that the region is slowly moving away from sustainability over the time surveyed. The project report, which is now in external peer review, will be available on the Sustainable Environments Branch web site. The methodology implemented for the San Luis Basin Project is applicable to other regions and systems. A second project, using Puerto Rico as a test site, is planned for the coming year. 

 

Watershed Central: A New Interactive Management Tool
EPA recently launched a new web site called "Watershed Central" to help watershed organizations and other stakeholders find key information they need to implement watershed management decisions. The Watershed Central site includes guidance, tools, case studies, and data resources that integrate EPA programs to help users share information, analyze data, and initiate, or strengthen their own watershed efforts.

Watershed Central was developed to bridge the gap between user needs and the variety of resources offered by EPA and other groups. The result is an interactive web-based resource that helps users locate the information they need, including environmental data, watershed models, guidance documents, nearby local organizations, technical resources, and funding. A unique feature of Watershed Central is the "Watershed Central Wiki" — similar to Wikipedia — which allows registered users to submit case studies, tools, local approaches to watershed management, lessons learned, and success stories. To ensure that user needs are met and information is up-to-date, three teams were established — a Content Team, a User Team and an Information Technology (IT) Team. Team members and participants are solicited from within and outside EPA. In addition, as a feedback mechanism, EPA has sponsored regional workshops where participants are introduced to Watershed Central and encouraged to collaborate on improving the information it contains. The Watershed Central teams and other participants utilize the wiki site as a forum for discussing and vetting information for inclusion on the Watershed Central public web site. 

Watershed Central is a cooperative development effort among EPA's Office of Research and Development (National Risk Management Research Laboratory), Office of Water (Office of Wetlands, Oceans and Watersheds), and Office of Environmental Information. This growing and changing program is part of EPA's ongoing commitment to the protection of human health and the environment. 

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Environmental Technology Verification (ETV) Program

ETV Verified Technologies
The ETV Program has verified the performance of 421 innovative environmental technologies that can be used to monitor, prevent, control, and clean up pollution. For a full list of ETV verifications, visit http://www.epa.gov/etv/verifiedtechnologies.html.

Vendor Solicitations
ETV centers issue periodic solicitations for vendors and collaborators interested in verification. For a list of active ETV vendor solicitations, please visit www.epa.gov/etv/vendorswanted.html, or contact the appropriate ETV center (see www.epa.gov/etv/contacts.html).

Upcoming Conferences and Meetings

  • April 11-14, 2010 – The 53rd Annual Kentucky Water and Wastewater Operators' Association (KWWOA) Conference will be held in Louisville, KY. This event will feature technical sessions and exhibitors with up-to-date information for the operation of drinking water treatment, distribution, wastewater collection, and treatment systems. ETV will exhibit with the EPA National Risk Management Research Laboratory. For more information, visit http://www.kwwoa.org/.
  • May 3-6, 2010 – WasteExpo 2010 will be held in Atlanta, GA. This event will feature the latest trends and topics in the solid waste and recycling industries. This year's topics include: recycling, green management, finance, labor and employment, technology, safety, politics and law, transportation and collection, and others. The ETV Program will exhibit with the EPA National Risk Management Research Laboratory. For more information, visit http://www.wasteexpo.com.
  • May 16-20, 2010 – World Environmental and Water Resources Congress 2010 will be held in Providence, RI. The theme of this year's Congress, which is hosted by the American Society of Civil Engineers' Environmental and Water Resources Institute, is "Challenges of Change"— the event will provide an opportunity for professionals in the environmental and engineering communities to participate in technical and plenary sessions on topics such as climate change; groundwater; hydraulics and waterways; innovative and emerging technology; water distribution systems; water, wastewater, and stormwater; and watersheds and watershed management. The ETV Program will exhibit with the EPA National Risk Management Research Laboratory. For more information, visit http://content.asce.org/conferences/ewri2010/index.html.

For more information on the ETV, visit www.epa.gov/etv.

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Other EPA News

EPA To Scrutinize Environmental Impact Of Bisphenol A 
The U.S. Environmental Protection Agency (EPA) announced a number of actions to address the potential effects of bisphenol A (BPA), a chemical used in the manufacture of a wide range of consumer and industrial products. The BPA action plan released today focuses on the environmental impacts of BPA and will look to add BPA to EPA's list of chemicals of concern and require testing related to environmental effects. These actions are part of Administrator Lisa P. Jackson's comprehensive effort to strengthen the agency's chemical management program and assure the safety of chemicals. 

In January 2010, the U.S. Food and Drug Administration (FDA) announced that it had some concerns about the potential human health impacts of BPA and it would study the potential effects and ways to reduce exposure to BPA in food packaging. 

"We share FDA's concern about the potential health impacts from BPA," said Steve Owens, assistant administrator of EPA's Office of Prevention, Pesticides and Toxic Substances. "Both EPA and FDA, and many other agencies are moving forward to fully assess the environmental and health impacts to ensure that the full range of BPA's possible impacts are examined." 

Food packaging represents the most obvious source of BPA exposure to people and is regulated by FDA. Unlike FDA, EPA has authority over the potential environmental impacts of BPA. Releases of BPA to the environment exceed 1 million pounds per year. BPA has caused reproductive and developmental effects in animal studies and may also affect the endocrine system. The EPA action plan on the environmental impacts of BPA includes: 

  • Adding BPA to the chemical concern list on the basis of potential environmental effects.

 

EPA Recognizes Partners For Major Waste And Chemical Reductions 
The U.S. Environmental Protection Agency is recognizing 71 universities, government agencies, and private companies for their environmental commitments to reduce waste under the agency's WasteWise and National Partnership for Environmental Priorities (NPEP) partnership programs. 

The partners are being honored for environmental achievements to prevent and recycle waste, and for specific programs that go beyond current federal standards to reduce greenhouse gases and remove harmful chemicals. 

"WasteWise and NPEP members continue to develop economically sustainable ways to reduce, reuse, and recycle waste," said Matt Hale, director of EPA's Office of Resource, Conservation and Recovery. "Last year's partners reported that 11 million tons of materials that would otherwise be waste were eliminated from the waste stream or were recycled. This provides tremendous benefits to the environment." 

WasteWise inducted two of its members, Kitsap County, Wash. and NEC Electronics America, Inc., Roseville, Calif. into the WasteWise Hall of Fame for their sustained program performance over the years. 

Since its inception in 1994, WasteWise partners have helped prevent and recycle more than 160 million tons of non-hazardous waste. Since 2004, NPEP partners have reduced 18 million pounds of priority chemicals, including lead and mercury. 

WasteWise and NPEP are both voluntary programs with a combined total of more than 3,000 members from private and public organizations nationwide. 

Information on WasteWise and NPEP 20-09 award winners: http://epa.gov/epawaste/partnerships/wastewise/conf.htm

 

EPA Releases Public Database On Risk Assessments
EPA has released the Health and Environmental Research Online (HERO) database, a milestone in transparency. HERO provides access to the scientific studies used in making key regulatory decisions, including EPA's periodic review of the National Ambient Air Quality Standards (NAAQS) for six major pollutants. It is part of the open government directive to conduct business with transparency, participation, and collaboration. 

"The HERO database strengthens our science and our transparency — two pillars of our work at EPA. Giving the public easy access to the same information EPA uses will help open the lines of communication, increase knowledge and understanding, and open the doors of EPA," said EPA Administrator Lisa P. Jackson. "Americans have a right to know the background of decisions that affect their lives and livelihoods. We're taking a big step forward in opening government to the people." 

The publically accessible HERO database provides an easy way to review the scientific literature behind EPA science assessments, which are used to support agency decision-making. The database includes more than 300,000 scientific articles including the authors, titles, dates, and abstracts. In addition, through a simple keyword search, anyone can see information from the articles that were used to develop specific risk assessments. 

HERO includes peer-reviewed literature used by EPA to develop its Integrated Science Assessments (ISA) that feed into the NAAQS review. It also includes references and data from the Integrated Risk Information System (IRIS), a database that supports critical agency policymaking for chemical regulation. 

More information on HERO database: http://www.epa.gov/hero 

More information on IRIS: http://www.epa.gov/iris

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SOURCE: EPA


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