WHAT'S IN STORE FOR THIS YEAR IN ENVIRONMENTAL REGULATIONS
The Bush Administration is entering its second year in office facing a host of difficult water policy decisions over how to move forward with regulations begun and developed by the Clinton Administration. One highly anticipated regulatory task is the development of a revised total maximum daily load (TMDL) rule, which EPA officials expect to issue in spring 2002. The proposal will likely be the focus of some debate, since the TMDL rule is the cornerstone of EPA's water pollution program. The agency's last attempt to craft a revised TMDL rule in 1999 led to a flurry of lawsuits from environmentalists and industry groups, as well as congressional intervention banning EPA from enacting the rule.

Another priority for EPA's water office in the coming year is to revise a sanitary sewer overflow (SSO) rule that had been written during the Clinton Administration, but never formally proposed. The SSO rule will be a comprehensive set of regulations to prevent raw sewage spillage, which occurs when old pipelines break or overflow in rainy weather, causing the noxious contents to spill into nearby surface waters. Agency sources are optimistic that the proposal will be released by late 2002. EPA is also expected to finish developing effluent limitation guidelines for the few remaining industry sectors it had committed to address under a 1992 consent decree with the Natural Resources Defense Council (NRDC). Effluent guidelines set discharge limits for specific industry sectors based on the best available technology that is economically achievable for each sector.

The water office is also scheduled to propose regulations governing cooling water intake structures in existing utility and non-utility power producers that exceed a minimum threshold to be set by EPA. The proposal, which is scheduled to be released on February 28, is the second of three regulations governing cooling water intake structures that stems from a consent decree between the agency and an environmental group. A host of significant legal cases will also continue to play out in 2002. A federal appeals court is expected to rule in early 2002 on a case which could settle a years-old debate over whether EPA has Clean Water Act authority to direct states to issue TMDLs forwaters that are impaired solely by nonpoint sources of pollution.
Impact Statement-These proposed regulations are not law yet but can impact our businesses. They will be monitored, and specific information will be passed along as it becomes available.

CHLORINE GAS USE BEING QUESTIONED
In light of increased security concerns, wastewater treatment utilities are raising questions about the advisability of having large amounts of toxic chlorine gas on hand at their facilities. Concerns regarding the gas, which is used as a disinfectant by water utilities, are leading utilities to reexamine their disinfection operations and weigh other - potentially less risky - alternatives. Chlorine is a widely used disinfectant in both drinking water and wastewater treatment, with a significant portion of those utilities using chlorine gas - which if released into the environment could have lethal effects. A number of sources in both the drinking water and wastewater sectors say that a significant number of facilities are moving away from the use of chlorine gas, instead opting to use granulated or liquid chlorine disinfectants - such as bleach - that pose less of a risk in the event of a terrorist attack. Impact Statement-Security will continue to be an issue in regards to toxic gases as well as other toxic materials. Also, for those large cooling towers that use chlorine gas, changes could mean an opportunity for a smart water treatment professional.

DOT ENFORCING PROHIBITED PLACARD RESTRICTIONS
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMSCA) announced that it is enforcing a requirement prohibiting motor carriers from placing extraneous information on placards and in placard holders. These devices are reserved for hazardous materials information only. This action enforces a requirement of the Department's Research and Special Programs Administration (RSPA) that prohibits in the placard holder any sign, advertisement, slogan (such as "Drive Safely") or device that could be confused with any placard containing hazardous materials information. The prohibition, which became effective October 1, 2001, subjects violators to a civil penalty of at least $250 and not more than $27,500 per violation and possible additional enforcement action by FMCSA. More information is in the final rule, which is on the Internet at: http://hazmat.dot.gov/hm206.pdf and http://hazmat.dot.gov/rules/hm206.htm. For more information, you can contact the nearest FMCSA Service Center: Eastern Service Center, 202-366-6892; Southern, 404-562-3600, Midwestern, 708-283-3565, or Western, 415-744-3088.
Impact Statement-Common carriers are most affected by this rule. AWT members who use their own vehicles for delivery should ensure that placard holders contain only required DOT placards.

STATE LEGISLATIVE AND REGULATORY WRAP UP
Florida's Department of Environmental Protection proposed a rule establishing t new generic permits or the amendment of existing generic permits to accommodate implementation of Phase II of the NPDES stormwater rule. The California Assembly introduced a bill that requires that water treatment plants conduct an investigation into the background of applicants for employment to determine whether applicants are a threat to the security of the plant or present a risk of tampering with the plant. It includes whether the applicant has a criminal background; whether the applicant has tampered with a public water system, or whether the applicant has ever been determined to be a risk to national security.

EPA ANNOUNCES AVAILABILITY OF NEW PESTICIDE GUIDANCE
EPA has announced the availability of the revised version of the pesticide science policy document entitled "Guidance on Cumulative Risk Assessment of Pesticide Chemicals That Have a Common Mechanism of Toxicity." You may be potentially affected by this action if you manufacture or formulate pesticides. Cumulative risk assessments will play a significant role in the evaluation of risks posed by pesticides. The cumulative assessment of risks posed by exposure to multiple chemicals by multiple pathways presents a challenge for the Office of Pesticide Programs (OPP). Before undertaking a cumulative risk assessment on pesticides sharing a common mechanism of toxicity, OPP will typically perform an aggregate risk assessment for each chemical in the common mechanism group.

When conducting aggregate assessments, OPP will follow the guidance described in the document entitled" Guidance for Performing Aggregate Exposure and risk Assessments" dated November 16, 2001. Using this guidance, OPP will simultaneously consider the exposures from food, drinking water, and residential/non-occupational uses of each pesticide. A cumulative risk assessment begins with the identification of a group of chemicals, a common mechanism group (CMG) that induce a common toxic effect by a common mechanism of toxicity. Once a CMG has been established, the next step is to evaluate registered and proposed uses for each CMG member in order to identify potential exposure pathways and routes. During the hazard characterization phase, the various endpoints associated with the common mechanism of toxicity are identified, and tested to arrive at a uniform basis for determining relative potencies among the chemicals of interest.

The last step of the assessment process is to characterize the risk. The results and conclusions of the cumulative risk analysis are clearly described including the relative confidence in toxicity and exposures data sources and model inputs. In the event that a cumulative risk assessment indicates that there may be risks or concern, OPP would need to develop risk mitigation measures and take appropriate regulatory actions. This policy document is intended to provide guidance to EPA personnel and decision makers, and to the public. As a guidance document and not a rule, the policy in this guidance is not binding on either EPA or any outside parties. Although this guidance provides a starting point for EPA risk assessments, EPA will depart from its policy where the facts or circumstances warrant. You may obtain electronic copies of this document and other science policy documents at the Office of Pesticide Programs' Home page at http://www.epa/gov/pesticides. You can also go directly to the listings at the EPA Home page at http://www.epa.gov. On the home page select "Laws and Regulations," "Regulations and Proposed Rules," and then look up the entry tot his document under "Federal Register-Environmental Documents."
Impact Statement-Notification of any necessary changes to biocide registrations or label contents should be provided by the manufacturers.

OPP FACING SOME KEY ISSUES THIS YEAR
EPA's Office of Pesticide Programs (OPP) will be facing a number of key issues this year. Among them are the following:

Tolerance Assessments: EPA officials need to meet deadlines set by the Food Quality Protection Act (FQPA). This means they must reassess 2,594 pesticide tolerances by August 3, 2002. OPP must also issue its final Cumulative Risk Assessment for the organophosphates on the same day as well. To develop the final assessment, OPP officials will need to complete a number of Science Policies and evaluate reams of public comments.

REDs: OPP is also required to issue its interim Reregistration Eligibility Decisions (REDs) for 12 more OPs by August 3. REDs are required by FIFRA for all pesticides registered before November 1, 1984. However, REDs will not be issued in final until OPP determines that they address the safety mandates of the FQPA. That will not be possible until the final OP assessment is issued. Once issued, OPP will initiate the risk-management process for the OP risks identified by the assessment.

Ground Water Rules: An OPP decision on pesticide management plans (PMP) could also be reached this year. The PMP rule will require that states reduce the risk of ground water contamination. The proposal targets atrazine, alachlor, metolachlor, simazine and cyanazine. Since 1996, 26 states have developed and submitted PMPs. However, the Bush Administration returned the PMP rule to the agency for further revisions. Officials are now considering the following for inclusion in the final rule:
- Adding surface waters to the purview of the rule.
- Including degradates with the listed parents.
- Partnering with other agencies, such as USDA.
- Dovetailing with other programs, such as the Clean Water Act. - Allowing state lead agencies to select the pesticides affected by PMPs.
Impact Statement-Biocide manufacturers should keep the water treatment professional advised as to any changes required.