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Air Quality Issues

EPA Issues Final Rule on Risk Management Program for Chemical Accidental Release Prevention

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: EPA has suggested that funding may be available to develop a model RMP for wastewater utilities. The Air Quality Committee is considering options for AMSA involvement. CONTACT: Sam Hadeed, AMSA (202) 833-4655.

POTW MACT Standards Development

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: On October 31, a senior EPA official confirmed that the Agency is considering a plan to exclude POTWs as a source category under Clean Air Act maximum achievable control technology (MACT) standard development. It appears that EPA's thinking is based largely on support information provided by AMSA member agencies. EPA has been working with AMSA for several years to characterize emissions of hazardous air emissions (HAPs) from POTWs, identify control measures, and identify potential major sources of HAPs. This indication from EPA represents a significant and promising development for AMSA as EPA is seriously taking under advisement AMSA's finding that very few potential major POTW sources exist and the development of MACT standards for POTWs is not warranted. If EPA issues a proposed rule excluding POTWs from MACT standards in January 1997, a final rule could conceivably be issued by late summer 1997. 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. Similarly, EPA also has indicated plans to move sewage sludge incinerators from coverage under the Clean Air Act's Section 112 (Hazardous Air Pollutants) to Section 129 (Solid Waste Combustion). The proposed rule addressing POTW coverage for MACT standards development is scheduled to appear in the Federal Register in Spring 1997. CONTACT: Sam Hadeed, AMSA (202) 833-4655.

AMSA Comments on Proposed Test Methods on Stationary Internal Combustion Engines and General Information Collection Plan

Background: EPA is developing National Emission Standards for Hazardous Air Pollutants (NESHAPS) 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. The ICCR Coordinating Committee and workgroups are composed of various stakeholders which will develop necessary technical information, identify regulatory alternatives and impacts and make recommendations to EPA. 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: EPA recently indicated to AMSA that they will conduct a limited data gathering survey, and will use existing data as the basis for crafting regulations for the combustion devices. The basis for control of combustion devices will be the average of the top performing 12% of the sources withing the category. AMSA's Air Quality Committee is concerned that the combustion devices operating at POTWs will be considered with all similar combustion categories, ignoring the unique nature of the fuel that is burned at a treatment plant. If this happens, the 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. AMSA's Board of Directors approved funding support of the Air Quality Committee's request to conduct a survey of the membership to collect both data inventory and emission data for combustion devices The next meeting of the ICCR Committee is scheduled for March 18-21 in Chicago, IL..

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 December 28, 1994, sewage sludge incinerators were not included among the listed categories of solid waste incinerators. In effect, Agency intent seems to delist sewage sludge incinerators from coverage under Section 112 and include them under Section 129. 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. The deadline for submittal of public comments is March 17, 1997. The date for final promulgation of standards and guidelines remains at November 15, 2000.

Status: The Incineration Workgroup met in Cleveland, Ohio on January 22, 1997 to discuss concerns with the EPA action and to develop AMSA comments during the 60 day public comment period. AMSA and its Incineration Workgroup leadership plan to meet with senior EPA officials in the Offices of Air, Radiation and Water in April to discuss Agency plans to regulate sewage sludge incinerators. AMSA's Incineration Workgroup is concerned whether EPA has the legal authority to regulate sewage sludge incinerators as a category under Section 129.