EPAs Proposed Policy on Wastewater Blending: Background and Issues (CRS Report for Congress)
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| Release Date |
Revised May 24, 2005 |
| Report Number |
RL32384 |
| Report Type |
Report |
| Authors |
Claudia Copeland, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
In November 2003 the Environmental Protection Agency (EPA) proposed a policy concerning
a
wastewater treatment practice called blending. The policy was intended to clarify when the practice
can be allowed and still adhere to Clean Water Act regulations and requirements. 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.
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. Controversies and uncertainties led EPA to
announce on May 19, 2005, that it will not finalize the policy that it proposed in 2003.
This report provides background on blending, why and how it is practiced, the proposed policy
that EPA now says it will not finalize, 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 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 supported 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 supported the EPA policy, others
opposed 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 policy. A House subcommittee held
a hearing on the topic in April 2005. Legislation intended to bar EPA from issuing blending rules
or guidance has been introduced in the 109th Congress ( H.R. 1126 ). Also, in acting on
FY2006 appropriations for EPA ( H.R. 2361 ), the House adopted an amendment
prohibiting EPA from using funds to finalize or implement the 2003 proposed blending policy.
