AMSA Regulatory Alert (RA 03-10)

To: Members & Affiliates, Pretreatment & Hazardous Waste Committee
From: National Office
Date: September 25, 2003
Subject: CENTRALIZED WASTE TREATMENT EFFLUENT GUIDELINE PROPOSED RULE
Reference: RA 03-10

Action Please By:
October 7, 2003

On September 10, the U.S. Environmental Protection Agency (EPA or the Agency) published proposed amendments to certain provisions of the Effluent Limitations Guidelines (ELGs), Pretreatment Standards, and New Source Performance Standards for the Centralized Waste Treatment Point Source Category (68 Fed. Reg. 53432). The centralized waste treatment (CWT) regulations were finalized on December 22, 2000 (65 Fed. Reg. 81241), and indirect dischargers are under a December 22, 2003, deadline to comply with the rule. Following promulgation of the December 2000 regulations, a number of CWT facilities petitioned the Agency to reconsider the limitations and standards for certain pollutants. In response to the petitions and based on new data, EPA is proposing changes that are likely to become final just prior to the December 22 deadline. The proposed rule may be found on the Agency’s website at http://www.epa.gov/fedrgstr/EPA-WATER/2003/September/Day-10/w22930.pdf. Comments are due to the Agency by October 10, 2003, and AMSA would appreciate any member input by October 7, 2003.

Proposed Changes to CWT Regulations
AMSA, along with several industrial stakeholders, met with EPA on August 7, 2003, to discuss revisions to the CWT effluent guideline, focusing on the removal of the molybdenum limits from the Organics subcategory. At the meeting, AMSA made clear to the Agency that EPA’s recommended method of treatment (biological treatment) does not adequately remove metals from organic wastestreams, and that any removal of molybdenum was incidental. In light of that meeting, EPA’s review of the data used to develop the rule, and more recent data submitted to EPA by industrial CWT plants, the Agency is proposing to remove several metals from a number of subcategories and considering removing molybdenum limits from the Organics subcategory. Before removing the molybdenum limit from the Organics subcategory, however, the Agency is requesting more data to show the appropriateness of such a change.

The Agency is looking specifically for the following information to support the removal of the molybdenum limits from the Organics subcategory:

• Information showing that well-designed and well-operated treatment systems employing the best available technology (BAT) that is economically achievable and used as the basis for the Organics subcategory limitations and standards will not provide consistent and predictable removals for molybdenum, therefore making achievement of molybdenum limits impossible; and

• Data characterizing influent and effluent pollutant levels (especially for molybdenum) at CWT facilities employing BAT.

The Agency is also proposing to delete the limits for selenium from the metals subcategory and for antimony, barium, molybdenum, and titanium from the Oils and Multiple Wastestreams subcategories. The Agency is proposing these changes upon concluding that the model technologies that provided the basis for the limitations and standards do not consistently and predictably remove these pollutants to the specified levels for compliance. The Federal Register notice contains further information on the Agency’s proposed amendments and is available online at http://www.epa.gov/fedrgstr/EPA-WATER/2003/September/Day-10/w22930.pdf.

POTW Pretreatment Program Alternatives
In its proposal, EPA acknowledges the fact that final action on the proposed amendments would occur with only a short amount of time remaining before the December 22, 2003 deadline for indirect dischargers to comply with the 2000 pretreatment standards. Therefore, the Agency recommends that POTWs include, if necessary, alternative sets of limits that reflect both the requirements as they exist in unamended form and the requirements that would apply if EPA promulgates the proposed changes. Alternatively, EPA suggests POTWs consider including in the proposed and, if necessary, final amendments to it pretreatment program a provision stating that the metal limits are those in effect for Clean Water Act purposes on December 22, 2003, thus avoiding the need for later administrative changes.

AMSA’s National Office seeks general member comment on the Agency’s proposed amendments, as well as input on any specific proposed metals limit deletion. Additionally, AMSA seeks any data members can provide which supports the deletion of molybdenum limits from the Organics subcategory. Please provide any input to AMSA’s Regulatory Analyst, Will Pettit, at wpettit@amsa-cleanwater.org by October 7, 2003, to be included in the Association’s comment effort.