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Regulatory Alert - RA 04-03 - IMPLEMENTATION ISSUES RELATED TO EXISTING EFFLUENT GUIDELINES

Member Pipeline - Regulatory - Alert (RA 04-03)

To: Members & Affiliates, Pretreatment & Hazardous Waste Committee
From: National Office
Date: February 17, 2004
Subject: IMPLEMENTATION ISSUES RELATED TO EXISTING EFFLUENT GUIDELINES
Reference: RA 04-03

Action Please By:
March 10, 2004

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As part of the Preliminary Effluent Guidelines Program Plan for 2004/2005 (ELG Plan) (68 Fed. Reg. 75515), published December 31, 2003, the U.S. Environmental Protection Agency (EPA or the Agency) is soliciting comments on any implementation issues related to existing effluent limitations guidelines (ELGs) or pretreatment standards. For information on the entire ELG Plan, please see AMSA’s Regulatory Alert 04-01 at http://www.amsa-cleanwater.org/private/regalerts/ra04-01.cfm. The solicitation of implementation issues with existing ELGs is a unique opportunity for AMSA’s membership to address the gamut of administrative, technical, and other aspects of existing ELGs that should be changed.

AMSA encourages its members to review their pretreatment programs and identify where implementation of existing ELGs could be improved and burden reduced. These implementation issues will supplement the Association’s comments on the ELG Plan (see Regulatory Alert 04-01). On February 12, 2004, EPA extended the comment deadline for the ELG Plan by 30 days to March 18, 2004 (69 Fed. Reg. 6984). To facilitate the Association’s comment effort, AMSA asks members to provide input on both the implementation issues and the ELG Plan by March 10, 2004.

The following scenario is a good example of a potential fix to an existing ELG that would reduce burden for publicly owned treatment works (POTW): Currently, a new facility that performs an iron phosphate process followed by a powder coating is regulated as a 40 CFR Part 433 categorical facility, despite the fact that the iron phosphate process does not generate metal bearing wastewater. It is suggested that the iron phosphate process should be removed as one of the six core processes regulated by the 40 CFR Part 433 categorical standards. Such an exemption could be supported by data gathered by the Agency regarding the iron phosphate coating process during the metal products and machinery rulemaking effort.

Format of Comments
Potential fixes to existing ELGs should be as detailed as possible and include estimates of burden reduction, both in terms of financial and time savings. Format your comments by: (1) name of effluent guideline; (2) the problem your Agency is facing in implementing the particular ELG; (3) the potential fix; and (4) the rationale for making the fix, including any supporting information or data.

Again, EPA is accepting comments on the ELG Plan, including implementation issues related to existing ELGs until March 18, 2004. AMSA asks that members provide the Association with comments by March 10, 2004. This effort is critically important, as it may shape the future of ELGs for years to come. Please direct any comments or questions to Will Pettit, AMSA’s Regulatory Analyst, at 202/833-3280 or wpettit@amsa-cleanwater.org.