Background: On July 16, 1992, as required by the Clean Air Amendments of 1990, EPA published a list of industrial source categories that emit one or more of listed hazardous air pollutants. 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). The promulgation date for the MACT Standards was established for May 1999.

Status: 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. 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. In late 1997, AMSA's Air Quality Committee Leadership reviewed a draft copy of the proposed rule and submitted a preliminary analysis outlining AMSA's comments and concerns to Bruce Jordan, Director of EPA's Emissions Standards Division. In February 1998, AMSA's Air Quality Committee Leadership and the National Office met with EPA in Research Triangle Park, NC to review AMSA's comments on the draft proposal. In March of 1998, based on new information provided by AMSA, the Agency withdrew the rule from Office of Management & Budget in order to incorporate revisions. EPA indicated that the MACT floor for existing POTWs would not have any controls, while the new source MACT will likely include capture and vent to carbon for the headworks. In June 1998, EPA resubmitted the proposed rule to OMB for approval; a copy was forwarded to the Air Quality Committee leadership for review. Following review by the Air Quality Committee, it was determined that the proposed standard is generally favorable to POTWs in that MACT was defined as “no-control” for existing non-industrial POTWs. The Air Quality Committee received Technical Action Fund support from AMSA's Board of Directors to conduct a thorough review of the latest version of the WATER8 emissions model to examine changes on estimating POTW air toxic emissions and prepare source testing protocols for submission to EPA to potentially allow direct emissions testing by POTWs for determining major source status. The POTW MACT proposed rule was published in the December 1, 1998 Federal Register. In the notice, EPA did not propose any standards for existing POTWs or wastewater collection systems due to lack of data on the amount of HAPs resulting from these systems. New or reconstructed facilities that are major sources of HAPs would be subject to these standards, however. In addition, the proposed standards would require each new or existing POTW that treats specific industrial waste streams from an industrial user, for the purpose of allowing that industrial user to comply with another National Emission Standard for Hazardous Air Pollutants (NESHAP) to meet the treatment and control requirements of the relevant NESHAP. The proposal was distributed via Regulatory Alert 98-23; AMSA submitted comments to EPA by the January 15, 1999 deadline. AMSA's major recommendations focused on allowing models other than WATER8 be used to estimate air emissions, allow use of direct emissions testing in situations where models estimate a facility to be a major source, and allow 600/8000 series analytical methods for validation. The full text of AMSA's comments are posted on the Association's web page. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Bob Lucas, EPA 919/541-0884.

AMSA Submits Comments on EPA Draft Integrated Urban Air Toxics Strategy

Background: EPA's draft Integrated Urban Air Toxics Strategy to comply with sections 112(k), 112 (c)(3), and 202 (1) of the Clean Air Act was released on September 14, 1998. The strategy outlines EPA's plans to address health impacts from both stationary and mobile sources in urban areas. The strategy includes a draft list of 33 hazardous air pollutants (HAPs) judged to pose the greatest potential threat to public health in the largest number of urban areas. Thirty of these HAPs are from 34 types of area sources, including publicly owned treatment works (POTWs). The strategy also includes a schedule for addressing remaining risks from air toxics by setting new standards for categories of small, stationary sources not targeted under the agency's existing air toxics program. These area sources would face new requirements for cutting air toxics by 2009, with some rules taking effect as early as 2005.

The new strategy may have an impact on POTWs. Area sources are small stationary sources of air toxics which emit less than 10 tons per year of any one HAP or less than 25 tons per year of a combination of HAPs. Area sources are not considered major under the Clean Air Act and not subject to existing maximum achievable control technology (MACT) standards under section 112 (d) of the statue. According to EPA, area sources account for 34 percent of air toxics emissions and mobile sources (cars, trucks, etc) account for 42 percent. Over the past five years, AMSA has been working closely with EPA to successfully demonstrate that POTWs are not major sources of HAP emissions (potential to emit 10 or more tons of any single HAP per year, or 25 or more tons per year of any combination of HAPs).

Status: EPA plans to perform further analyses of HAP emissions, control methods for the listed source categories (including POTWs), and health impacts for stationary and mobile sources. AMSA plans to work closely with EPA over the next several months as it develops its final strategy by June 1999. AMSA submitted comments on November 30, 1998 outlining three points. Firstly, many of the goals and objectives of the draft strategy could be addressed concurrently while EPA is working on the 112(d) POTW MACT standards. Second, the proposed additional regulation must be based on updated data, and finally, that insufficient attention is being focused on mobile sources and real time monitoring. The Association plans to meet with EPA over the next several months to discuss issues of mutual interest relating to this proposal. CONTACT: Sam Hadeed, AMSA 202/833-4655.

EPA ICCR FACA Process Completed

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 using an advisory committee consisting of a Coordinating Committee and various workgroups. 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). 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. 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. The National Office distributed the survey forms to the membership via Regulatory Alerts RA97-12 and RA97-12a. The results which were submitted to EPA in late September 1997 indicated that very few AMSA member agencies have conducted emissions testing for hazardous air pollutants (HAPs) and criteria pollutants. In May 1998, due to data compatibility problems with EPA's database, AMSA's Board of Directors approved the use of $5,000 in Technical Action Funds to have the survey consultant reformat the AMSA data to meet EPA's requirements as it evaluates MACT controls for engines fueled by digester gas. The reformatted data was submitted to EPA June 1998. At the July 1998 meeting, Bruce Jordan, Director, Emissions Standards Division at EPA's Office of Air Quality Planning & Standards informed the Committee that EPA would not renew the ICCR Charter and that the last meeting would be held in September 1998. EPA cited many reasons for not renewing the charter, including the FACA being approximately one year behind schedule. Several committee members argued that EPA set unrealistic deadlines and failed to deliver on decisions crucial to the process such as the Section 129 solid waste definition. Although the FACA was discontinued after September 20, 1998, EPA will meet with individual FACA members and organizations as private citizens. EPA has developed an ICCR Web Site at http://www.epa.gov/ttniccr1/ to provide information on the development of regulations, full workgroup meeting summaries, and workgroup membership lists. Studies are currently being conducted to evaluate, test, and compare formaldehyde emissions from several classes of engines burning digester gas using the Fourier Transform Infrared (FTIR) spectroscopy and dinitrophenyl hydrazine methods to determine if a follow up survey of the membership is warranted. Preliminary data indicate that several orders of magnitude of formaldehyde emissions from digester fired engines may result using this new method that was developed for natural gas fired engines. An unsolicited proposal was submitted to WERF to assess validation of the FTIR method for digester versus natural gas fired engines. This activity is closely linked with EPA's ICCR initiative which will develop proposed MACT standards by November 15, 2000 on a variety of combustion sources such as wastewater boilers, gas turbines, reciprocating engines, and flares. CONTACT: Sam Hadeed, AMSA 202/833-4655

Free RMP Submission Software Available

Background: As required under Section 112(r)(7) of the Clean Air Act, on June 20, 1996, EPA promulgated a final Risk Management Plan (RMP) regulation which requires the owner or operator of stationary sources at which a regulated substance is present to prepare and implement a RMP that must include both a hazard assessment that evaluates the potential effects of an accidental release of any regulated substance and a five-year accident release history. Regulated sources have until June 21, 1999 to comply with the RMP requirements. The model RMP provides compliance guidance for regulated chemicals with the highest potential to exceed the threshold quantity and which are most commonly used at wastewater facilities, including: chlorine, ammonia (anhydrous and aqueous), sulfur dioxide, digester gas and propane. The model RMP also covers: 1) developing a five-year accident history; 2) performing a hazard assessment; 3) developing a management system to oversee the implementation of the RMP elements; 4) defining boundaries of processes for which you are implementing prevention and response programs; 5) developing a prevention program; and, 6) implementing an emergency response program.

Status: AMSA recognized the need for the guidance in June 1996 when the regulation was promulgated with a three-year deadline for compliance. In response, the Association initiated a sustained effort to encourage EPA to develop a user-friendly document that would promote broad compliance by the wastewater treatment industry in meeting the requirements in advance of deadlines. In July 1997, AMSA established a steering committee charged with working with EPA and its contractors to develop a guidance document that would minimize the need for outside help in the development of RMPs. The steering committee concluded its work in June 1998, when AMSA sponsored a Risk Management Plan Implementation Workshop for POTWs, designed to expose members to the final draft and provide EPA with additional review of the guidance. In late October 1998, EPA released their “Risk Management Program Guidance for Wastewater Treatment Plants,” which was developed in close collaboration with AMSA, which provided the original impetus for the guidance's development, as well as extensive input and review. On November 6, EPA and the FBI forwarded a letter to Congress announcing that RMP information that would be publicly available on the Internet would not include off-site consequence analysis data elements. The guidance is available online at http://www.epa.gov/swercepp, and in hard copy from AMSA by completing the order form from Regulatory Alert, RA98-21. The RMP must be submitted by June 21, 1999. EPA has developed an electronic submission system called RMP* Submitt. The software is available on diskette, CD-ROM or via EPA's web site. The software is free of charge. Small businesses that do not have computer access are eligible for an “electronic waiver.” If you would like to have the software(CD - Order No. 5502-C99-001 or Disk - Order No. 550-C99-002) or an electronic waiver (Order No. 550-B99-001) mailed to you call the National Center for Environmental Publications at 800/490-9198. You can also download the software off of EPA's web site at http://www.epa.gov/ceppo/rmpsubmt.cfml. Technical assistance for the software and any other RMP questions is available from the RMP Reporting Center 703/816-4434. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Jim Belke, EPA 202/260-7314.