Pretreatment & Hazardous Wastes Issues
Effluent Guidelines PlanBackground: EPA published its final plans for developing new and revised effluent guidelines which regulate industrial discharges to surface waters and to POTWs in the October 7, 1996 Federal Register. Section 304(m) of the Clean Water Act requires EPA to publish a biennial Effluent Guidelines Plan. In the plan, EPA highlights current effluent guidelines under development, the process for selection of new effluent guideline regulations, and preliminary and ongoing studies.
Status: EPA and NRDC reached an agreement, on February 3, that will give the agency more time to meet court-ordered deadlines for developing effluent guidelines. Table 1 presents a summary of effluent guidelines currently under development. The next meeting of the Effluent Guidelines Task Force is May 20-21 at the Madison Hotel in Washington, DC. CONTACT: Sam Hadeed, AMSA 202/833-4655.
Table 1 - Effluent Guidelines Currently Under Development
Category Proposal Final Action
Consent Decree or actual Consent Decree
Pulp, Paper and Paperboard
Pesticide Formulating, Packaging, and Repackaging
Centralized Waste Treatment
Coastal Oil and Gas Extraction
Pharmaceutical Manufacturing
Metal Products and Machinery, Phase1 and Phase 2
Industrial Laundries
Transportation Equipment Cleaning
Landfills and Incinerators 12/17/93
4/14/94
1/27/95
2/17/95
5/2/95
10/00
9/97
1/98
11/97 (1)
9/96
8/99
10/96
4/98
212/02
6/99
2/00
11/99
1 The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree with NRDC
2 EPA merged Phase 1 and 2 of the Metal Products and Machinery Rule
Pulp, Paper, and Paperboard Effluent Guidelines: EPA issued the proposed Pulp, Paper, and Paperboard "Cluster Rules", covering both effluent guidelines and National Emission Standards for Hazardous Air Pollutants (NESHAP), on December 17, 1993. The proposed effluent guidelines were organized into 12 subcategories. A final rule is expected in 1997.
Pesticide Formulating, Packaging, and Repackaging : EPA is currently negotiating with the Natural Resources Defense Council (NRDC) an extension to its consent decree for the development of this rulemaking. CONTACT: Shari Zuskin, EPA 202/260-7130.
Centralized Waste Treatment Facilities: In the September 16, 1996 Federal Register, EPA published a notice on the availability of new information concerning the proposed oils treatment and recovery subcategory of this industry. Originally, EPA estimated that there were 35 facilities in this subcategory. EPA now estimates that there are a total of 275 facilities in the subcategory. Many of additional 240 facilities accept dilute, not concentrated oil wastestreams, which has caused EPA to recalculate the projected costs of proposed options under consideration, expected pollutant reductions associated with these options and the projected economic impacts. CONTACT: Ed Terry, EPA 202/260-7128.
Pharmaceutical Manufacturing: EPA has plans to jointly promulgate effluent guidelines along with National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations for the pharmaceutical industry. CONTACT: Frank Hund, EPA 202/260-7182.
Metal Products and Machinery: EPA plans to merge the two phases of this regulation into one rule scheduled for proposal in October 2000. CONTACT: Steve Geil, EPA 202/260-9817.
Transportation Equipment Cleaning: EPA intends to propose effluent limitations guidelines and standards in early 1998, and recently announced plans to hold a public meeting on May 8, 1997 in Laurel, Maryland from 9:30 am to 2:30 pm. Topics for the public meeting include subcategorization, summary of industry information, and preliminary plans for technology-based options. CONTACT: Gina Matthews, EPA 202/260-6036.
Industrial Laundries: The Office of Science and Technology held a public meeting in Laurel, Maryland on March 4, 1997. EPA plans to propose effluent guidelines for this category by September 1997. CONTACT: Susan Burris, EPA 202/ 260-5379.
Revisions to NPDES Pretreatment Program Modification Requirements - Proposed Rule
Background: On July 31, 1996 a proposed rule to simplify procedures for modifying POTW pretreatment programs was published in the Federal Register. Only modifications that relax legal authority or local limits would continue to be deemed substantial modifications and, therefore, require public notice. Only one public notice would be required for substantial program modifications in most cases.
Status: AMSA distributed a copy of the proposal to the membership via Regulatory Alert RA 96-19. Based upon comments received and comments resulting from the August 10-14, 1996 AMSA-WEF Pretreatment Streamlining Workshop (see below), AMSA recommended that EPA allow for direct implementation of Part 403 through incorporation by reference in the NPDES permit and eliminate the program modification process entirely. A final rulemaking is scheduled for June 1997. CONTACT: Jeff Smith, EPA 202/260-5586, or Sam Hadeed, AMSA 202/833-4655.
Streamlining Pretreatment Program Requirements - Anticipated Proposed Rule
Background: EPA is considering several simplifying changes to the pretreatment program that would reduce the current burden to POTWs and industrial users. These potential changes include exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants, clarification of requirements for implementing pretreatment standards, and more flexible reporting, inspection and sampling requirements. A workshop developed and sponsored by AMSA and WEF to guide EPA's efforts to streamline the national pretreatment program was held on August 10-14, 1996 in Leesburg, Virginia.
Status: AMSA and WEF forwarded proposed regulatory language to EPA in mid-December 1996 on the redefinition of Significant Industrial Users (SIUs) and Significant Noncompliance (SNC). AMSA will have an opportunity to review and comment on this document following Agency-wide input to the pre-proposal. A proposed rulemaking is expected in the Federal Register by October 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Jeff Smith, EPA 202/260-5586.
AMSA Pretreatment Performance Measures Study
Background: As a follow up project to AMSA's 1994 Pretreatment Performance Measures Report to EPA, the National Office is working under a cooperative agreement with EPA to better define performance measures in site-specific, tangible terms, and determining how the measures can be implemented to assess pretreatment program performance to achieve the greatest environmental benefits. The firms of Apogee Research, Inc. and Woolpert are providing the National Office with technical assistance.
Status: In the final report, which will be distributed to its members and EPA in early May, AMSA concludes that reinventing the pretreatment program to focus on environmental endpoints was feasible and could result in efficient and effective attainment of national and local water management objectives. The report recommends pilot projects to begin the process of reinvention for these wastewater utilities that were ready for such an approach. A concept paper, which was funded under a supplemental grant from EPA, explores reinvention of the national pretreatment program through voluntary, local pilot projects and was recently distributed to EPA headquarters, EPA regions, State pretreatment coordinators, AMSA Pretreatment & Hazardous Waste Committee, AMSA-WEF Pretreatment Streamlining Workshop attendees and the Clean Water Coalition. Based on comments received on the concept paper, AMSA will prepare a more detailed white paper that addresses these issues and present it for EPA consideration before the pretreatment streamlining proposal is noticed later this year. CONTACT: Sam Hadeed, AMSA 202/833-4655.
AMSA Finalizes Toxic Release Inventory (TRI) Report
In April 1997, AMSA released a set of recommendations designed to improve the accuracy of EPA's TRI program. Overall, AMSA concluded that TRI data on chemicals released to POTWs "tend to be over-reported versus under-reported, or in some cases not reported correctly." The report, Improving Toxic Release Inventory Reporting Accuracy - The Public's Right-to-Know The Facts, points to some "common errors" in the TRI program and notes that "mistakes were made in determining quantities reported versus actual releases," and that chemicals used for treatment were not adjusted for purity, and thus were incorrectly reported as 100% pure. The report recommends that EPA revise the TRI reporting forms and instructions and that the Agency provide better public education with the release of TRI reports to better assist the public in interpreting the nature of the data. AMSA also urges the agency to detail how and why certain chemicals have been delisted, and note which industries that had previously been cited among the largest users of TRI chemicals are no longer in operation. Copies of the TRI report will be forwarded to the membership via Regulatory Alert. AMSA also plans to share its findings with the Environmental Working Group and the Public Interest Research Group in response to their recent publication, Dishonorable Discharge: Toxic Pollution of America's Waters. CONTACT: Sam Hadeed, AMSA 202/833-4655.
AMSA, EPA and Silver Council Cooperative Agreement
Background: AMSA and the Silver Council met recently with U.S. EPA to discuss funding for a demonstration project using the photo processing industry as a model to evaluate the use of alternative compliance mechanisms as a means of controlling wastewater discharges in streamlining local pretreatment limits. The AMSA/Silver Council "Code of Management Practice (CMP) for Silver Dischargers" will be used as the model approach for controlling silver discharges. A total of seven communities will be studied; 5 cities implementing the CMP as a best management practice; one city using a general permit mechanism; and one using a flow-adjusted concentration-based limit. The total grant assistance requested from EPA is $150,000, to be augmented by in-kind services from AMSA and $50,000 furnished by the Silver Council. The proposed 1 to 2 year project will be coordinated at a national level by AMSA, The Silver Council, and EPA using a steering team approach. EPA involvement in the steering team will be directed by the Office of Policy, Planning and Evaluation (OPPE), in cooperation with the Office of Water (OW), Office of Enforcement and Compliance Assurance (OECA), and appropriate EPA Regional offices.
Status: A meeting between AMSA, EPA and the Silver Council was held on March 13 to discuss project activities. Requests for Proposals are scheduled for distribution the week of April 21. AMSA, EPA and the Silver Council are planning to hold a pre-bid meeting with perspective bidders at AMSA on May 8, 1997. The project startup date is anticipated for July 1997.