Air Quality Issues
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
(SSIs) were not included among the listed categories of solid
waste incinerators. 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. On March
17, 1997, AMSA submitted comments in opposition to EPA's Office
of Air & Radiation proposal to subject SSIs to the same regulations
as solid waste incinerators. In its technical and legal analysis,
AMSA pointed out that "even though the agency has declared
that incineration is a safe and acceptable" disposal method,
the proposal could result in the elimination of incineration of
sewage sludge because operators of POTWs may "find it either
cost prohibitive or technically infeasible to simultaneously meet
the proposed standards for carbon monoxide and oxides of nitrogen.
AMSA also offered support for the agency's intent to delist SSIs
from Section 112 because "there is substantial evidence that
SSIs do not qualify as 'major sources' as defined under Section
112." However, AMSA presented strong opposition to regulation
of SSIs under Section 129 of the CAA for several reasons: 1) regulation
of SSIs under Section 129 is beyond the agency's statutory authority,
2) the agency's contemplated method for establishing maximum achievable
control technology standards for SSIs under Section 129 would
lead to the elimination of sewage sludge incineration as a "safe,
viable and cost-effective" management practice, 3) the properties
of sewage sludge are quite different than those of the hazardous,
medical and municipal wastes currently regulated under Section
129, 4) SSI emissions, that comply with 40 CFR Part 503 limits
and management practices do not adversely affect human health
and the environment, and 5) the "expensive and/or infeasible"
control measures that Section 129 will impose will not yield any
environmental benefits, and may create a "net loss"
of environmental benefits. EPA and AMSA met on July 9,
1997, to review these issues and establish a mechanism to coordinate
efforts over the next several months as EPA evaluates options
to regulate HAP emissions from SSIs. In a July 31, 1997, follow-up
letter to EPA's Assistant Administrator for Air and Radiation,
AMSA discussed the consent agreement, related to Gearhart v.
Reilly, and encouraged EPA to consider a mechanism under Round
II of Section 405 regulations as a more appropriate location for
promulgation of new SSI regulations.
Status: During a September 16, 1997 meeting between
EPA and AMSA in Research Triangle Park, NC, EPA indicated that
it had gathered data on SSIs from the permit compliance system
(PCS) database, information from the regions on Part 503 permits,
and source test data from 97 incinerators. In addition, OAQPS
and its contractor along with AMSA representatives later visited
several test sites in PA and NJ to assess various controls in
place at both multiple hearth and fluidized bed incinerators.
Following these data collection efforts, EPA indicated that it
will then evaluate whether additional data is necessary. EPA stated
that it will most likely use a technology approach to establish
emission levels based on performance of the top 12 percent of
control devices in place to determine the maximum achievable control
technology (MACT) standard for SSIs under Section 129. Some form
of integration with the risk-based approach of Part 503 will be
conducted later for each of the eleven pollutants under section
129. EPA is developing a workplan and implementation schedule
and plans to meet with AMSA in early 1998 to review the next steps.
Final promulgation is set for November 15, 2000. CONTACT:
Sam Hadeed, AMSA 202/833-4655, or Gene Crumpler, EPA 919/541-0881.
POTW MACT Standards Development - Anticipated Proposed Rule
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: In a May 1997 memorandum issued to the Regions,
EPA changed the November 15, 1995, promulgation date for the MACT
standards to November 15, 1997 which in turn modified the section
112(j) hammer date requirements under the CAA which has now been
established for May 15, 1999. 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. There is speculation that new source
POTWs would be required to install covers up to the primary treatment
facilities. 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 November,
AMSA's National Office received from EPA's Office of Air and Radiation,
a copy of the draft POTW MACT Standard. Following review of the
draft, AMSA's Air Quality Committee Leadership and the National
Office compiled a preliminary analysis outlining AMSA's comments
and concerns, which was submitted to Bruce Jordan, Director of
EPA's Emissions Standards Division. The National Office plans
to follow up with EPA over the next few weeks in hopes of including
our recommendations in the upcoming Federal Register notice.
The draft Standard was sent to the Office of Management and Budget
on December 22, 1997 and is expected in the Federal Register
in early 1998. EPA indicated to AMSA that they will forward copies
of the preamble and the regulatory impact analysis to AMSA for
preliminary review in January. EPA would also like to meet with
AMSA's Air Quality Committee leadership to discuss certain issues
related to the proposal. Copies of the proposal will be sent to
the membership for review and comment when it is published. CONTACT:
Sam Hadeed, AMSA 202/833-4655, or Bob Lucas, EPA 919/541-0884.
AMSA Conducts Survey to Support EPA ICCR Process
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. 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. 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. The basis for control of combustion devices
will be the average of the top performing 12% of the sources within
the category. 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. Following a competitive bidding
process for contractual support, the Committee leadership selected
the firm of Malcolm Pirnie to support AMSA's data collection and
evaluation needs. The National Office distributed the survey
forms to the membership via Regulatory Alert 97-12 and 97-12a
. The information requested in the survey will be used by the
Air Quality Committee in negotiations with EPA on development
of air emissions standards for combustion devices. The preliminary
results indicate that very few AMSA member agencies have conducted
emissions testing for hazardous air pollutants (HAPs) and criteria
pollutants and will most likely need to conduct such source testing
in the future if required by EPA. Complete results
of the survey were submitted to EPA in late September 1997.
CONTACT: Sam Hadeed, AMSA 202/833-4655, or Fred Porter, EPA
919/541-5251.
Model Risk Management Plan Development
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. The final RMP, promulgated
on June 20, 1996, 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.
The American Water Works Association Research Foundation (AWWARF)
has developed a model RMP for drinking water utilities which was
scheduled for completion in spring 1998 and may have elements
that are applicable to wastewater facilities. AMSA's Air Quality
Committee received Board of Directors approval of up to $10,000,
from the Technical Action Fund, to support development of a model
RMP for wastewater facilities to comply with the June 1999 compliance
deadline to implement the CAA's Section 112(r)(7) requirements.
EPA's Office of Chemical Emergency Preparedness & Prevention
and the AMSA National Office have agreed to jointly develop a
RMP. EPA has provided funding assistance under an existing work
assignment with two of its contractors, ICF Kaiser and SAIC, who
will coordinate with AMSA and a steering committee comprised of
member agencies to provide technical assistance in developing
the model RMP.
Status:. A first draft of the RMP is expected in January
1998, followed by a second draft in March 1998. Following completion
of the second draft, the guidance document will be pilot tested
at several member agencies across the country and undergo a peer
review process by various wastewater agencies. A late Summer 1998
project completion date is anticipated. EPA and the AMSA RMP
Steering Committee held a conference call on December 11, 1997
to discuss the progress of the project and review several chapters
of the RMP first draft. Pending approval by AMSA's Board of Directors
during the 1998 Winter Conference, AMSA, EPA and OSHA are considering
planning one or two workshops in mid 1998 to help POTWs prepare
to implement the RMP requirements. The agenda for the Workshops
will be based on the model RMP for wastewater utilities currently
under development by AMSA. CONTACT: Sam Hadeed, AMSA 202/833-4655.