May 25, 2001 -- Alert 3
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NEWS ALERT SERVICE!

The final USEPA Filter Backwash Rule is expected to be published within the next two weeks.

Sources inside EPA report that the Administrator has signed the Final Rule on Filter Backwash Recycling (FBRR) and it is expected to be printed in the Federal Register within the next two weeks.  The FBRR represents somewhat of a milestone in that it is the first noteworthy SDWA rule to be promulgated under the Bush EPA.  Originally proposed and published in the April 10, 2000 Federal Register in combination with the Long Term 1 ESWTR, the filter backwash regulation was the subject of extensive comments by the American Water Works Association (in MS Word format or Adobe Acrobat format), the Association of State Drinking Water Administrators and many others.  A key comment was that the two rules should have been proposed and promulgated separately.  USEPA apparently heeded that advice.  A few technical corrections to the April 10 proposal were published in the August 14, 2000 Federal Register.

The SDWA 1996 Amendments mandated that USEPA promulgate a "regulation to govern the recycling of filter backwash water within the treatment process" not later than August 2000 UNLESS the ESWTR did not address the issue.  AWWA argued strongly and effectively that, in fact, this separate rule was not necessary because the IESWTR and LT1ESWTR adequately addressed the issue of concern.  Both AWWA and the state drinking water administrators commented that the rule would not provide any meaningful or direct public health benefit. The NRDC had filed a 60 day notice of intent to sue on the missed deadline, but litigation has apparently not been initiated.  Information on what changes EPA made from the original proposed rule, if any, is not available at this time.

Demonstrating great prescience, the May 2001 AWWA Journal features an article on a study on "Spent Filter Backwash Water". The study is part of a larger AWWARF project.


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