Air Quality Issues
Notice of Additional Information - Section 129 Contents for Sewage Sludge Incinerators
Background: EPA published in the January 14, 1997 Federal Register a notice of additional information (NAI) under Section 129 of the Clean Air Act establishing new source performance standards and emission guidelines for new and existing solid waste incineration units including units that incinerate municipal sewage sludge. When EPA published an ANPRM for the Section 129 rulemaking on Dec. 28, 1994, sewage sludge incinerators were not included among the listed categories of solid waste incinerators. Section 129 requires the Agency to promulgate standards and guidelines, for new and existing sources, which include numerical emission limitations for the following substances: particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. In addition, the standards and guidelines are to include requirements for emissions and parameter monitoring and provisions for operator training and certification. On March 17, AMSA submitted comments in opposition to EPA's Office of Air & Radiation proposal to subject sewage sludge incinerators (SSIs) to the same regulations as solid waste incinerators. In its technical and legal analysis, AMSA pointed out that the proposal could result in the elimination of incineration of sewage sludge, "even though the agency has declared that incineration is a safe and acceptable" disposal method. AMSA notes that the practice could be eliminated because operators of publicly owned treatment works may "find it either cost prohibitive or technically infeasible to simultaneously meet the proposed standards for carbon monoxide and oxides of nitrogen. In its March 17 comments, AMSA offers support for the agency's intent to delist SSIs from Section 112, because "there is substantial evidence that SSIs do not qualify as 'major sources' as defined under Section 112." However, AMSA presents strong opposition to regulation of SSIs under Section 129 of the CAA for several reasons: (1) regulation of SSIs under Section 129 is beyond the agency's statutory authority, (2) the agency's contemplated method for establishing maximum achievable control technology standards for SSIs under Section 129 would lead to the elimination of sewage sludge incineration as a "safe, viable and cost-effective" management practice, (3) the properties of sewage sludge are quite different than those of the hazardous, medical and municipal wastes currently regulated under Section 129, (4) SSI emissions, that comply with 40 CFR Part 503 limits and management practices do not adversely affect human health and the environment, and (5) the "expensive and/or infeasible" control measures that Section 129 will impose will not yield any environmental benefits, and may create a "net loss" of environmental benefits. EPA and AMSA met in Washington, DC on July 9, 1997, to review these issues and establish a mechanism to coordinate efforts over the next several months as EPA evaluates options to regulate HAP emissions from SSIs. In a July 31, 1997, follow-up letter to EPA's Assistant Administrator for Air and Radiation, AMSA discussed the consent agreement, related to Gearhart v. Reilly, and encouraged EPA to consider a mechanism under Round II of Section 405 regulations as a more appropriate location for promulgation of new SSI regulations.
Status: A meeting between EPA and AMSA to discuss technical issues related to EPA's proposal to regulate sewage sludge incinerators (SSIs) under Section 129 of the CAA has been scheduled for September 16, 1997 in Research Triangle Park, NC. Final promulgation is set for November 15, 2000. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Gene Crumpler, EPA 919/541-0881.
POTW MACT Standards Development - Anticipated Proposed Rule
Background: Under the Clean Air Amendments of 1990, EPA is required to regulate large or "major" industrial facilities that emit one or more of 189 hazardous air pollutants (air toxics). On July 16, 1992, EPA published a list of industrial source categories that emit one or more of these hazardous air pollutants. For listed industrial categories of "major" sources (those that have the potential to emit 10 tons/year or more of a listed pollutant or 25 tons/year or more of a combination of pollutants), EPA is required to develop standards for these sources that will require the application of stringent controls, known as maximum achievable control technology (MACT).
Status: In a May 1997 memorandum issued to the Regions, EPA changed the November 15, 1995, promulgation date for the MACT standards to November 15, 1997 which in turn modified the section 112(j) hammer date requirements under the CAA which has now been established for May 15, 1999. In October 1996, EPA signaled plans to exclude POTWs as a source category under Clean Air Act maximum achievable control technology (MACT) standard development. EPA has cited difficulty in defining a MACT floor for existing POTWs, as relatively few facilities meet the definition of a major source under Section 112. There is speculation that new source POTWs would be required to install covers up to the primary treatment facilities. AMSA members should be aware that it remains possible that POTWs may still face regulation as area sources under an urban area air emission control mechanism. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Bob Lucas, EPA 919/541-0884.
AMSA Conducts Survey to Support EPA ICCR Process
Background: EPA is developing National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for certain combustion sources under the Industrial Combustion Coordinated Rulemaking (ICCR) process. The ICCR process includes several types of combustion devices operated by AMSA members which utilize digester gas including boilers, Reciprocating Internal Combustion Engines (RICES), Combustion Turbines (CTs), and very likely waste gas flares (under the heading of incineration). EPA will develop the regulations for these and other combustion devices under the ICCR using an advisory committee consisting of a Coordinating Committee and various workgroups. Members of AMSA's Air Quality Committee are represented on the Coordinating Committee and work groups for boilers, RICES, CTs, incinerators and the source testing workgroup.
Status: In the summer of 1997, EPA conducted a limited data gathering survey to support development of regulations for the combustion devices. The basis for control of combustion devices will be the average of the top performing 12% of the sources within the category. Due to concerns that the combustion devices operating at POTWs will be considered with all similar combustion categories, AMSA's Board of Directors approved funding support to conduct a survey of the membership to collect both data inventory and emission data for combustion devices. A major concern was that combustion control devices applicable for burning of natural gas may get applied to the combustion of digester gas, which past experience at several POTWs has shown to be either technically infeasible or not cost-effective. Following a competitive bidding process for contractual support, the Committee leadership selected the firm of Malcolm Pirnie to support AMSA's data collection and evaluation needs. The National Office distributed the survey forms to the membership via Regulatory Alert 97-12 and 97-12a. The information requested in the survey will be used by the Air Quality Committee in negotiations with EPA on development of air emissions standards for combustion devices. Preliminary survey results were presented to the Air Quality Committee during AMSA's Summer Conference in Seattle. The preliminary results indicate that very few AMSA member agencies have conducted emissions testing for hazardous air pollutants (HAPs) and criteria pollutants and will most likely need to conduct such source testing in the future if required by EPA. Complete results of the survey are expected to be submitted to EPA in late September 1997. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Fred Porter, EPA 919/541-5251.
Model Risk Management Plan Development
Background: Section 112(r)(7) of the Clean Air Act, as amended, required EPA to promulgate by November 15, 1993, reasonable regulations and appropriate guidance to provide for prevention and detection of accidental releases of chemicals and for response to such releases. The regulations require the owner or operator of stationary sources at which a regulated substance is present to prepare and implement a risk management plan (RMP) that must include a hazard assessment that evaluates the potential effects of an accidental release of any regulated substance and must also include a five-year accident release history. EPA promulgated a final RMP rule on June 20, 1996. The final rule outlines EPA's tiering approach for imposing requirements based upon: 1) the potential for offsite consequences associated with a worst-case accidental release; 2) accident history; and 3) applicable compliance with prevention requirements under OSHA's Process Safety Management (PSM) Standard. Regulated sources have three years (June 21, 1999) to comply with the RMP requirements.
Status: The American Water Works Association Research Foundation has developed a model RMP for drinking water utilities which is scheduled for completion in late summer of 1997 and may have elements that are applicable to wastewater facilities. AMSA's Air Quality Committee received Board of Directors approval of up to $10,000, from the Technical Action Fund, to support development of a model RMP for wastewater facilities to comply with the June 1999 compliance deadline to implement the CAA's Section 112(r)(7) requirements. EPA's Office of Chemical Emergency Preparedness & Prevention and the AMSA National Office have agreed to jointly develop a RMP. EPA has provided funding assistance under an existing work assignment with two of its contractors, ICF Kaiser and SAIC, who will coordinate with AMSA and a steering committee comprised of member agencies that will provide technical assistance to develop the RMP for the wastewater industry. An outline for a model RMP has been developed based on generic RMP guidance documents. Using this outline as a basis, a model RMP for the wastewater industry covering all chemicals will be developed. A first draft of the RMP is expected in mid- December and a second draft in February 1998. Following completion of the second draft, the guidance document will be pilot tested at several member agencies across the country and undergo a peer review process by various wastewater agencies. A late-Summer 1998 project completion date is anticipated. EPA and the AMSA RMP Steering Committee have scheduled their next conference call on October 28, 1997 to discuss the progress of the project and review several chapters of the RMP first draft. CONTACT: Sam Hadeed, AMSA 202/833-4655.