SEPA United States Environmental Protection Agency Office of Water Washington, DC 20460 Water Office of Water Annual Report December 1984 ------- ANNUAL REPORT TO THE OFFICE OF WATER During our September meeting at the Arena Stage, I promised a year-end report of. your accomplishments. Routine work sometimes goes unheralded, therefore I wanted to be sure we took time to acknowledge the significant progress that we made in the past year. By putting this in writing, as a means of affirmation, it's another opportunity for me to thank you for a job well done. The Agency has been through some difficult times in the past few years, but you have continued your work in exemplary fashion. I congratulate you on your accomplishments. Administrator Ruckelshaus and I thank you for your spirit and commitment to environmental protection. We look forward to the further accomplishments of the Office of Water in the coming year. Each of you can claim a significant part of this progress. Sincerely, Jack E. Ravan Assistant Administrator for Water ------- PROTECTING THE NATION'S WATERS PROGRESS IN 1984 . EPA's Office of Water has had a year filled with activity and accomplishments. To the outside world, our acronyms may be confusing, but we are proud of our progress in such things as NPDES, UIC and CBOD5. Because of our many initiatives, it is helpful to have a listing of what is happening in the various water programs. It is with this in mind, that we look at the past year's experiences. NEW PROGRAM OFFICES The most dramatic structural change to occur in the last year was the creation of two new offices, the Office of Ground Water Protection and the Office of Marine and Estuarine Protection. These new offices are the visible signs of an increased effort on two agency priorities. Ground Water Protection Setting up the Office of Ground Water Protection was extremely important for creating a focal point to coordinate policy, to deal with other federal agencies, and to support the work of the states. Because half of this country drinks ground water, and because we have discovered increased ground water contamination, it was clearly time to give this important resource a new level of attention. The Office of Ground Water Protection began operation officially in April of 1984. One of its primary responsibilities, ------- -2- under the leadership of Marian Mlay, is to implement the Ground Water Protection Strategy that was released in August 1984 The strategy has four major elements: 1) Build and enhance institutions at the state level. 2) Address problems associated with inadequately controlled sources of contamination. 3) Issue guidelines for EPA decisions affecting ground water protection and cleanup. 4) Strengthen EPA's own organization for ground water management. The regional ground water offices are now in place, $7 million in grants has been allocated to the states for developing and implementing programs, and we will be providing states with assistance in addressing technical and design issues. Although much remains to be done, we now have the people ready and the commitment necessary to tackle this difficult task. Office of Marine and Estuarine Protection Before we established the marine and estuarine office in October, the organization of ocean activities was divided among several offices, with no central focal point or overall coordination* The new office, with Tudor Davies as its director, is a contact point for all issues relating to protection of the marine and estuarine environment. The-se activities include decisions on 301(h) waivers for marine discharges, as well as overall implementation of the ------- — 3 — Marine Protection Research and Sanctuaries Act/ which includes site designations and permit issuance. The office establishes criteria for the issuance of ocean disposal permits, and works closely with the agency's regional offices in evaluating and selecting suitable sites for the ocean disposal of dredged and other materials. The office is also responsible for developing an environmentally sound incineration-at-sea program. j The office participates with the regions and state agencies in designing and providing technical support to the Chesapeake Bay and estuaries programs. The Chesapeake Bay, of course, received special attention last year in the President's State of the Union address, the President's visit to the Bay, and the allocation of §40 million. The program is a model for state and federal coordination. An additional $4 million has been appropriated by Congress to do research, monitor, and assess problems in the following selected estuaries: Narragansett , '* Bay, Long Island Sound, Buzzards Bay and Puget Sound. The office also represents the Great Lakes National Program in Washington. The significance of this program centers around international obligations under the Great Lakes Water Quality Agreement with Canada and the leadership of the Great Lakes states in nutrient and toxics control. IMPROVING COMPLIANCE RATES A major effort was spent during the last year to improve compliance rates for major municipals. In June 1983, ------- -4- 1024 major facilities were in significant noncompliance with their NPDES permits. As of September 14, 1984, the regions reported that they expected these results by the end of the fiscal year: 527 facilities returned to compliance, 472 addressed by a formal enforcement action, and only 25 yet to be addressed. This represents a success rate of nearly 98 percent for the year. The rate of significant noncorapliance for all categories of facilities dropped sharply in the third—quarterly reporting period, and we expect the rates to improve even more for the last quarter of FY 1984. REGULATIONS EPA is a regulatory agency, and it is in the business of issuing regulations to implement the laws passed by Congress. During the past year, the Office of Water has produced a number of both proposed and final regulations. Effluent Guideline Regulations An important part of carrying out the Clean Water Act involves the issuing of effluent guidelines for industry. Certain industries make products that have toxic by-products, and EPA is charged with placing limits on wastes the industry discharges into rivers and streams. During the last year, the Office of Water issued guidelines both for discharges that go directly into rivers and for those indirect discharges that go first into sewage treatment facilities. ------- -5- The following effluent guidelines were issued last year; Industrial effluent Date guideline Battery Manufacturing 2/84 (final) Foundries (Notice of Availability) 3/84 (issued) Inorganic Chemicals (Phase II) Z/84 (final) Nonferrous Metals Forming 2/84 (proposed) Pesticides (Notice of Availability) 6/84 (issued) Plastics Molding & Forming 2/84 (proposed) Nonferrous Metals (Phase II) 5/84 (proposed) Phosphate Fertilizer (Revision) 7/84 (proposed) ------- -6- NPDES Litigation Settlement c ' ' When EPA promulgated its revised National Pollutant Discharge Elimination System (NPDES) regulation in 1979, the agency was sued almost immediately by industry. in 1980 it was sued again over a combination permit program. The two suits were combined into one petition. Extensive negotiations resulted in four separate settlement agreements. The final NPDES litigation rulemaking contains over 30 / separate issues. The outcome represents a balance between the legitimate concerns of the industry and the significant opposing comments received from the public. Construction Grants Regulations Revision The construction grants program was responsible for a number of regulations during the last year. In February, the overall construction grants regulations were issued in final form. The revised regulations are shorter, simpler, and provide more flexibility to the states in managing the program to assist local governments in building wastewater treatment facilities. U The revisions are in response to changes in t:he Clean Water Act that would eliminate delays during the planning and design stages, and thereby eliminate the impacts of inflation resulting from those delays. The regulations also reflect a legislative reduction of the federal share of project costs. Beginning October 1 of this year, federal grants cover 55 percent of costs instead ------- -7- of 75 percent. Also, collector sewers and correction of combined sewer overflows were eliminated as separate categories of eligibility, although states still have authority to fund those categories within certain limitations. Secondary Treatment Definition The secondary treatment regulations provide more flexibility to smaller communities in meeting Clean Water Act requirements, while making sure that water quality is maintained. Communities are now allowed to install less expensive methods of biologically treating wastewater, such as trickling filters and waste stabilization ponds, which are considered as equivalent to conventional secondary treatment systems under certain conditions. Small communities that are having difficulty financing complex secondary treatment plants will now be able to achieve compliance with the Clean Water Act. CBODr; EPA proposed to allow the level of organic matter in wastewater from secondary treatment facilities, to be defined in terms of a recently developed measure (CBOD) that reflects the organic waste load more accurately than the traditional 80-year old measure (BOD). BOD refers to biological oxygen demand and CBOD refers to carbonaceous biological oxygen demand. These are terms used to measure the amount of oxygen used in the breakdown of waste. The greater degree of pollution, the higher becomes the BOD number. ------- Proposed Drinking Water Regulations for Volatile Synthetic Organic Chemicals This proposed rule establishes recommenced maximum contaminant levels (RMCLs) in drinking water for seven carcinogens and two non-carcinogens. RMCLs are non- enforceable health goals that would result in no known or anticipated adverse health effects. The level for carcinogens was set at zero in response to Congressional intent. The level for the non-carcinogens was based on chronic toxicity data. Advanced Notice of Proposed Rulemaking to Revise the National Primary Drinking Water Regulation v We announced our intention to propose regulations for organic, inorganic, microbial and radionuclide contaminants in drinking water. This effort, which will be done in four phases, is designed to control additional contaminants, prescribe technology requirements to reduce ongoing levels of waterborne disease outbreaks, as well as modernize existing interim maximum contaminant levels. Water Quality Standards The revised water quality standards regulation set guidelines which the states use to set water quality goals for specific bodies of water. State standards serve as the regulatory basis for treatment controls that go beyond technology-based treatment. Particular attention was given to maintaining a strong antidegradation requirement. There was also a much stronger ------- -9- emphasis an state adoption of water quality criteria for toxic pollutants. In addition, the Office of Water produced an extensive series of guidance documents on wasteload allocation procedures to support the water quality based approach to permitting, as well as guidance to conduct use attainability analyses. Underground Injection Control Direct Implementation In May, EPA announced we would be directly administering an Underground Injection Control (UIC) program in 22 states. In October, we announced programs in five states, two territories, and on Indian reservations located in four states. This program is to control the underground injection of liquids. The regulated wells are used to dispose of wastes, enhance oil and gas recovery, and mine certain minerals. If left unregulated, these activities could pose a significant threat to ground water quality. Incrneration-At-Sea Program The incineration-at-sea program has feeen a highly visible program at EPA during the past year. In November of 1983, EPA held a public hearing in Brownsville, Texas, on proposed permits for incineration of hazardous waste at sea. A crowd of 7,000 people turned out, mostly to protest those permits; it was the largest public hearing in the history of EPA. ------- -10- In response to concerns raised at that hearing, the the Office of Water delayed the issuance of permits until it develops proposed regulations that deal specifically with incineration-at-sea, and new research criteria to be incor- porated into a research strategy. The public has been involved extensively in the development of both of these documents. We anticipate they will be released around the first of the year. Ocean Disposal Criteria We anticipate publication, within a few months, of a proposed rule in the Federal Register that responds to a court decision and statutory amendments enacted since the current ocean disposal regulations were promulgated in 1977. As a result of the decision, EPA will be considering the availability and environmental impacts of land based disposal alternatives in evaluating applications for ocean disposal permits. At the same time, we are proceeding to develop a comprehensive revision of the ocean disposal regulation. Proposed Rule for NPDES Noncompliance The purpose of the changes in this rule was to establish a consistent basis for reporting noncompliance in the Quarterly Noncompliance Report (QNCR), and to propose additional reporting of other noncompliance. This is the main compliance report available to the public. ------- -11- The proposed rule defined specific criteria for reporting noncompliance, i.e., time frames for reports and criteria for the magnitude and frequency of effluent violations. These were called Category I noncompliance and were based on our definition of significant noncompliance. A state agency could list a second category of noncompliance at their discretion, / General Pretreatment Regulation, Removal Credits The Clean Water Act required EPA to have a program to control industries that discharge into publicly owned treatment works any pollutant that will interfere with the way the plant works. A later amendment allows POTWs to adjust their standards for industries, if a particular pollutant is already being treated by the POTW. This adjustment is called a removal credit. The final regulations require any POTW seeking removal dit approval to demonstrate its performance through sampling on a regular basis thoughout one full year at approximately equal intervals and calculating its rates based on these data. These procedures will ensure that the removal capability of a POTW is determined on a case- by-case basis. Water Quality Planning and Management Regulation This regulation establishes policies and program requirements for water quality planning, management and implementation. This process provides the authority for a ------- -12- consistent national approach for maintaining, improving and protecting water quality, while allowing states their individual programs. The process is implemented jointly by EPA, the States, interstate agencies, and areawide, local and regional planning organizations. This regulation explains the relationships between the several components of the water quality management process and outlines the roles of the major participants. It was released by the Office of Management and Budget on December 7, 1984, and will be promulgated shortly as a final regulation. REPORTS Report on Future Federal Role in Municipal Wastewater Treatment Financing EPA has completed a study of the Federal role in financing municipal wastewater treatment facilities. The goal of the study was to develop a national consensus on the future direction of the EPA construction grants program, and to develop funding strategies that promote state and local financial self-sufficiency and long-term municipal compliance. EPA's Management Advisory Group took testimony from states, cities, engineers, and other interested parties. An EPA task force was established to coordinate the study. A final report and a legislative package were completed in December 1984, and presented to the Administrator. The recommendations included a revised grant program that would capitalize state-administered revolving loan funds. ------- -13- Surface Impoundment Assessment Report In response to growing indications that the storage, treatment, and disposal of liquid wastes in surface impound- ments might be a significant source of contamination to ground water, EPA conducted an inventory of impoundments and their potential to contaminate ground water. Although the Surface Impoundment Assessment Report was issued in January 1984, the data have been available since 1979 and have been used extensively by both the Office of l Solid Waste and the Superfund program. The study was designed to: 1) increase our knowledge concerning impoundments; 2) determine numbers, location, and potential effects of surface impoundments on ground water quality; 3) solicit information on existing state approaches to ground water protection from these facilities; and 4) provide EPA with formation to allow for a review of our programs regarding ground water protection and surface impoundments. The results of the study confirmed the concerns that led to its initiation: surface impoundments, without proper siting, design, construction, and operation, can threaten ground water quality. In the past, federal regulations and most states did not adequately address this problem. Nonpoint Source Report to Congress EPA released a report on nonpoint source (NPS) pollution that informed Congress that six out of ten EPA regions found NPS pollution to be the principal remaining cause of water ------- -14- quality problems. Half of the states repotted that NFS was a major or significant cause of their remaining water quality problems* Nonpoint source pollution can be the chemicals associated with agricultural activities, runoff from urban and mining activities, or pollution associated with silviculture. In recognition of the problem and in the absence of a Congressional mandate, a nonpoint source task force was formed, comprised of twenty-five policy level representatives of federal, state, interstate and local agencies. The objective of the task force was to develop a realistic nonpoint source strategy that would encourage nonpoint source management programs that ensure water quality protection, while recognizing the competing uses of resources. Success will depend on the close association of government and the private sector. The States' Evaluation of Progress 1972-1982 {STEP Report) In cooperation with EPA, the Association of State and Interstate Water Pollution Control Administrators published a report in February that described a decade of progress in water pollution control. Although the nation's population grew by 11%, with a sizable increase in the use of surface waters for industry and recreation, we still had the following progress: 42,000 stream miles improved in quality; 390/009 acres of lakes showed improved water quality.; 142 ail-lion people are ------- -15- receiving secondary or more advanced levels of sewage treat- ment, up from 85 million in 1972; and cities and industries have substantially increased compliance with their limits on waste discharges. Rural Water Survey This survey is concerned with an intensive, one-time national statistical assessment of rural water conditions. It focuses primarily on the quality, quantity, availability, cost, and affordability of domestic water in rural households. Some of the conclusions were: 1) most rural households have a water supply that is acceptable by most of the indicators; 2) water is in sufficient quantity; and 3) water is readily available at a reasonable cost. Nevertheless, the exceptions to these findings were not rare, and the difficulties were Dt always minor. Bacterial contamination was the predominant oblem encountered. Pesticides Survey The Office of Drinking Water and the Office of Pesticides Programs have jointly undertaken the design of a monumental survey of pesticides in ground waters, to determine the type and extent of pesticides migration into water supplies. Results will benefit the Office of Drinking Water in its design of national regulations, as well as helping to develop pesticides registration rules. ------- -16- Report of the Pretreatment Implementation Review Task Force The Pretreatment Implementation Review Task Force (PIRT) was chartered by the Administrator to make recommendations on the pretreatment program. The final report, which should be available to the public in January, focuses on five sections: simplification and clarificationf enforcement, resources, roles and relationships, and suggestions on regulatory changes POLICIES/GUIDANCE/STRATEGIES Construction Grants Financial Capability This policy was developed to ensure that construction grants applicants could show their financial and management capability to construct, operate, and maintain a wastewater treatment system. It describes legal and regulatory requirements for applicants and provides a framework for applicants by asking five questions concerning the total costs of the proposed treatment system. These questions provide answers for how the project will be financed, what are the total annual costs per household, and what are the roles and responsibilities of local governments involved. Dioxin Strategy The strategy was designed to determine the nature and extent of dioxin contamination throughout the country. Dioxin contamination may exist in soil, water, or air. Seven categories of sites are being investigated, ranging ------- -17- from sites where contamination is strongly suspected to ambient sites with no known sources of dioxin. Toxics Control Policy (Biomonitorinq) The biomonitoring policy was developed because of an increasing need to control toxics in surface water, the Clean Water Act set up two methods of controlling water pollution—technology-based standards and water quality- based standards. It did not, however, take into consideration the fact that when some pollutants are mixed together, their toxicity changes. The biomonitoring policy recommends an integrated approach to monitoring; using both chemical and biological methods to assess and control toxic substances in surface water. In the biological methods recommended, scientists c :pose fish and other aquatic animals to samples of effluent j.uted with varying volumes of receiving water. The effects on the animals are then observed over time and the toxicity of the wastewater is calculated. This represents a clearer picture of what is actually going on in the receiving waters, and provides a tool for setting limits in discharge permits to regulate whol<* effluent toxicity. The Office of Water also produced a support document to implement the policy. National Municipal Policy This policy demonstrates the Agency's commitment to municipal compliance with the Clean Water Act. The Act ------- -18- requires all publicly owned treatment works (POTWs), to meet the statutory compliance deadlines and to achieve the water quality objectives of the Act, whether or not they receive federal funds. We are focusing on those plants that previously received federal funding and are not currently in compliance with their applicable effluent limits, on all major POTWs, and on minor POTWs that contribute significantly to an impair- ment of water quality. Our goal is to get compliance by POTWs as soon as possible, and no later than July 1, 1988. In April, the Office of Water released regional and state guidance that contained procedures and criteria for setting priorities, preparing compliance plans, and establishing final schedules for noncomplying POTWs. Construction Grants Advanced Treatment Policy The policy provides for a consistent national approach for review of Advanced Treatment (AT) projects. Advanced treatment projects are those designed to meet effluent requirements more stringent than secondary treatment. The policy establishes nationally consistent procedures for advanced treatment reviews and improves the technical basis for reviewing AT projects. These grants funds are available only if the incremental cost of AT is $3 million or less, or if the Administrator determines that AT will definitely result in significant water quality and public health improvements. ------- -19- Municipal Sludge Management Policy The Sludge Task Force was established to examine the problems of sewage sludge disposal and use, and to look at the need for additional regulations. In June of 1984, we published a policy that promotes sludge management practices that recycle sewage sludge to recover its resource value. EPA will regulate and guide sludge management and provide research. State governments will regulate local sludge disposal and help in planning and operating local systems. Local governments can choose available management options, and they have the responsibility to maintain an adequate system. This policy is a framework for regulations that establish state requirements and technical controls on sludge disposal and use. Guidance for Oversight of NPDES Programs This guidance document establishes criteria for the NPDES program (including pretreatment ) . It is being used as a framework with the regions and states, giving details for their individual agreements and/or work plans. It defines the major elements of a sound NPDES program; outlines high priority achievements for FY 1985; clarifies how the regions and states should translate specific goals into annual grant agreements; and defines roles of EPA regions and states in carrying out the NPDES program. ------- -20- Drinking Water Additives EPA published a notice in June that examined the possibility of transferring the responsibilities of the Drinking Water Additives Evaluation Program. The Federal Register notice solicited bidders for a third-party self- regulating program for the additives manufacture and user industry. Additives are substances added to drinking water to improve its quality. OUR CHALLENGE The items mentioned in this annual report are the highlights of the past year. No less important are the many individual efforts made every day to keep the Office of Water running smoothly. It is sometimes difficult to remember the relationship between what we do and protecting the water of this country, but nevertheless the relationship exists and is a crucial one, Because of our work, rivers are cleaner than they were ten years ago. Because of our work, we continue toward the goal of safe drinking water for every American. We don't come to just any kind of job in the morning. We come to participate in one of the most important movements of this century ... protecting the environment. Because of the job we do, the environment will be better protected for future generations. It is a job worth doing 1 ------- |