Revisions to NPDES Pretreatment Program Modification Requirements - Final Rule

Background: On July 31, 1996 a proposed rule to simplify procedures for modifying POTW pretreatment programs was published in the Federal Register. 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.

Status: EPA published the final rule for Streamlined Procedures for Modifying Approved POTW Pretreatment Programs, in the July 17, 1997, Federal Register. The final rule defines what is considered substantial modifications still subject to EPA approval and streamline the approval process. The final rule was distributed to the membership via Regulatory Alert, RA 97-17. 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 meeting was held with key EPA enforcement officials on May 21, to discuss streamlining issues related to SNC. The National Office distributed EPA's Draft Pretreatment Program Streamlining Proposal to the membership via Regulatory Alert RA97-13. Changes to thirteen specific issues were proposed including: specific prohibition regarding pH, equivalent mass limits for concentration limits, equivalent concentration limits for flow-based standards, POTW oversight of significant industrial users, slug control plans, sampling for pollutants not present, de minimus categorical industrial users, use of grab and composite samples, removal credits, electronic filing and storage of reports, general permits, best management practices, and modifications of significant noncompliance (SNC) criteria. The National Office distributed the document via Regulatory Alert 97-13 included a summary of each of the proposals and specific comments requested by EPA along with AMSA's position on the issue. While EPA has proposed changes that reflect AMSA's positions on pretreatment streamlining, members were urged to pay special attention to proposed EPA changes to the modification of SNC criteria and to support AMSA's positions and recommendations on streamlining issues. Comments were due back to the National Office by July 4 and were forwarded to EPA by July 11. Based upon the comments received, EPA will redraft the document as a formal notice of proposed rulemaking (NPRM). Proposed rulemaking is expected in the Federal Register in December 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Jeff Smith, EPA 202/260-5586.

Pilot Project Approach to Pretreatment Reinvention Focus of AMSA's Recent Pretreatment Performance Measures Efforts

Background: AMSA recently completed the follow-up report to the 1994 Pretreatment Performance Measures Report to EPA. The report, "Case Studies in the Application of Performance for POTW Pretreatment Programs," was forwarded to the membership via Regulatory Alert, RA 97-11. In the final report, 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.

Status: A meeting of various stakeholders including POTWs, EPA Headquarters, Regions, and states, was sponsored by AMSA under a supplemental grant from EPA on June 26-27 in Chicago, IL to discuss a range of actions and/or options for creating a pilot pretreatment program that would allow for designated local programs to be reinvented to optimize resources by providing flexibility and allowing for greater local control, while still providing for direct accountability. Based on the discussions, AMSA has prepared draft regulatory language under 40 CFR 403 that addresses these issues. AMSA has forwarded the draft regulatory language to EPA headquarters, EPA regions, State pretreatment coordinators, AMSA Pretreatment & Hazardous Waste Committee, 1996 AMSA-WEF Pretreatment Streamlining Workshop attendees and the Clean Water Coalition for review. Following review, AMSA will present it in August 1997 for EPA consideration in the preamble to its pretreatment streamlining proposal which is scheduled for notice 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 were forwarded to the membership via Regulatory Alert, RA 97-10. 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. AMSA forwarded the report, during the week of August 11, to key EPA officials, including Assistant Administrator for Prevention, Pesticides, and Toxic Substances, Lynn Goldman, requesting a meeting to discuss the recommendations listed in the report and opportunities to work collaboratively on improving the TRI reporting process. 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: AMSA and the Silver Council held a pre-bid meeting at the National Office on May 8. The bids were due on May 27; a contractor was selected during the first week in June. The team of Black & Veatch and Apogee Research, Inc., were chosen to provide contractor support for this project. A kick-off meeting with AMSA, Silver Council, EPA and the contractor was held on July 29, 1997 to discuss development of the work plan. A work plan is expected in September 1997. CONTACT: Sam Hadeed, AMSA 202/833-4655.