Member Pipeline - Regulatory - Alert (RA 99-21)
To:
Members & Affiliates, AMSA Air Quality Committee
From:
National Office
Date:
November 19, 1999
Subject:
EPA Final Rule - NESHAP for POTWs (POTW MACT)
Reference:
RA 99-21
Action Please By: December 31, 1999
The U.S. Environmental Protection Agency (EPA) has promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing publicly owned treatment works (POTWs). Enclosed is a copy of the final rule entitled “National Emissions Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works,” printed in the October 26, 1999, Federal Register.
Also, attached is Table I to Subpart DD to 40 CFR Part 63. The table lists the hazardous air pollutants (HAPs) that must be considered by POTWs when determining major source applicability. Table I is essentially the same list used for the offsite waste recovery facilities MACT standard and includes 22 additional compounds to the final list of 76 HAP compounds previously negotiated between EPA and AMSA. The list should be used as a starting point; individual POTWs can develop a shorter, site-specific HAP list based upon historical data and knowledge of the influent wastewater.
Applicability
The final standards for POTWs do not require any additional controls for existing non-industrial POTW treatment plants. New or reconstructed non-industrial POTW treatment plants, deemed to be a major source, must reduce their HAP emissions. The standards also apply to new and existing POTWs that have agreed to treat specific industrial waste streams from an industrial user for purposes of complying with that industry's NESHAP. The EPA final rule states that no new or reconstructed major POTW projects are scheduled for the next five years, leading EPA to conclude that the final rule will have minimal impact on POTWs.Changes from the Proposed Standards
In the proposed standard, EPA had developed a methodology for POTWs to determine if their treatment plant was a major source of HAP emissions. On January 15, 1999, AMSA commented on the proposed rule and opposed the inclusion of using the WATER8 model solely to estimate emissions from POTWs and any methodology for major source determination. As a result, the EPA has removed these procedures for major source determination and has referred to 40 CFR Part 63, Subpart — General Provisions, for the definition and determination of a major source. However, the procedures that were removed, along with other guidance, will be included in a future EPA document on estimating emissions from POTWs.The control requirement for new or reconstructed non-industrial POTWs is to apply covers and control devices on treatment units up to, but not including, the secondary treatment units. The control device is essentially the application of granular activated carbon (GAC) scrubbers. AMSA objected to this strategy in the proposed standard because it was based on an application of control technology, at an existing POTW, that was not representative of the industry. As a result, the final rule includes an alternative compliance option to the primary control method. The EPA, using data supplied by AMSA, calculated a fraction emitted value equivalent. Under this option, each month, facilities calculate the fraction emitted by dividing the sum total of HAP emissions by the sum total of HAP loading to the wastewater treatment plant. Facilities must demonstrate that the annual rolling average of the fraction emitted does not exceed 0.014. Facilities can use any combination of pretreatment, wastewater treatment plant modifications, and control devices to meet the fraction-emitted limit.
In the proposed rule, the EPA requested comment on the use of pretreatment processes to control HAP emissions from POTW treatment plants. AMSA responded that since the proposal did not require additional controls for existing sources, it would not be prudent for the EPA to push for pretreatment of HAPs as a control standard for existing sources. Pretreatment is not addressed in the final rule.
The EPA also had requested data on the measurement or estimation of emissions from wastewater collection systems. AMSA responded that it was premature for the EPA to propose MACT standards for wastewater collection systems due to a lack of HAP emissions data. The final rule does not address this issue.
Special Mention for AMSA, POTW Reps
As noted in the final rule, officials in the EPA Office of Air and Radiation worked closely with AMSA staff and POTW representatives for approximately seven years during the development of the NESHAP.AMSA's two main objectives were achieved during this process: 1) existing sources are not subject to controls and, 2) major source determination will be made at the state level.
The new rule is the result of extensive cooperation between members of AMSA's Air Quality Committee and EPA officials and is based primarily on data supplied by AMSA. A database comprising information supplied by AMSA was used in the evaluation of HAP emissions and emissions control for POTWs. Estimates of organic HAP emissions from model sources were developed by EPA using the WATER8 model and based on information supplied by AMSA. AMSA's Air Quality Committee was instrumental in conducting a review of the EPA's latest version of its WATER8 emissions model.
Question to AMSA Members
It is important to note that state air pollution regulatory agencies will be responsible for making the major source determination for the POTW. Recognizing this fact, should AMSA create a guidance document on HAP emissions estimation approaches to assist AMSA members in the major source determination process with local air pollution agencies? Please respond to AMSA's Lee Garrigan by Dec. 31, 1999 at lgarrigan@amsa-cleanwater.org or call 202/833-4655.Attachments:
10/26/99 Federal Register Notice - National Emission Standards for Hazardous Air Pollutants: POTWs - Final Rule Table I to Subpart DD to 40 CFR Part 63 For these downloadable files, you must have the Acrobat Reader. If you don't have the Acrobat Reader, click on the icon below to download a copy. After you download and install a copy, return to this page and click on the links above for the downloadable files.
