EPA's Proposed Policy on Wastewater Blending: Background and Issues

Publication Date: February 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

In November 2003 the Environmental Protection Agency (EPA) proposed a policy regarding a type of wastewater treatment practice called blending. Some cities use blending to manage peak flows of water and waste into wastewater treatment plants during and after storms as a way to prevent conditions that otherwise result in raw sewage backups into homes and other buildings or overflows into nearby waters. Blending involves routing excess wastewater around the plant's biological treatment processes and recombining this excess flow with fully treated wastewater before discharging it to a stream or lake. As of February 2005, EPA has not yet issued a final version of the blending policy, which is intended to clarify when the practice can be allowed and still adhere to Clean Water Act regulations and requirements.

Although blending has been standard engineering practice for several decades as a way to manage peak stormwater flows, controversy exists about the practice, both among stakeholder groups and also internally at EPA, where enforcement officials have challenged the practice and in some cases opposed allowing cities to use it. Others at EPA believe that, with certain restrictions, the practice is legal and environmentally protective.

This report provides background on blending, why and how it is practiced, EPA's proposed policy, associated issues, and congressional interest in the topic. It will be updated as warranted.

Criticism of blending focuses on three concerns: legality of the practice, impacts on public health and the environment, and other policy issues. A number of groups and interests have weighed in on all of these issues, especially in comments on the November 2003 proposed policy. Environmental advocates say that the practice of blending is inconsistent with existing rules that prohibit intentional bypass of a treatment facility. These groups have also raised substantial concern about public health and environmental impacts from discharges of wastes that contain pathogenic organisms. Many cities and municipal organizations support the EPA policy and practice of blending, saying that if cities are barred from blending, they are forced to make costly infrastructure investments, with limited benefit. While a number of states support the EPA policy, others oppose it for reasons including concern that the policy would undermine incentives for cities to remedy the infrastructure problems that result in sewage overflows.

In Congress, these issues have drawn some attention. In January 2004, Members with differing views wrote to EPA to express concerns about the proposed EPA policy. Congress has several options at this point, ranging from allowing EPA to handle the issue administratively, to conducting oversight of issues raised by the proposed policy, or to legislating in order to direct EPA's actions, by expressly permitting, prohibiting, or modifying the policy. Legislation intended to bar EPA from issuing blending rules or guidance was introduced in the 108th Congress (H.R. 5421), but no action occurred on the bill.