Air Quality Issues
EPA Issues Final Rule on Risk Management Program for Chemical
Accidental Release Prevention
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. EPA promulgated
a final RMP rule on June 20, 1996. The final rule 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.
Status: EPA has suggested that funding may be available
to develop a model RMP for wastewater utilities. The Air Quality
Committee is considering options for AMSA involvement. CONTACT:
Sam Hadeed, AMSA (202) 833-4655.
POTW MACT Standards Development
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: On October 31, a senior EPA official confirmed
that the Agency is considering a plan to exclude POTWs as a source
category under Clean Air Act maximum achievable control technology
(MACT) standard development. It appears that EPA's thinking is
based largely on support information provided by AMSA member agencies.
EPA has been working with AMSA for several years to characterize
emissions of hazardous air emissions (HAPs) from POTWs, identify
control measures, and identify potential major sources of HAPs.
This indication from EPA represents a significant and promising
development for AMSA as EPA is seriously taking under advisement
AMSA's finding that very few potential major POTW sources exist
and the development of MACT standards for POTWs is not warranted.
If EPA issues a proposed rule excluding POTWs from MACT standards
in January 1997, a final rule could conceivably be issued by late
summer 1997. 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. Similarly, EPA also
has indicated plans to move sewage sludge incinerators from coverage
under the Clean Air Act's Section 112 (Hazardous Air Pollutants)
to Section 129 (Solid Waste Combustion). The proposed rule addressing
POTW coverage for MACT standards development is scheduled to appear
in the Federal Register in Spring 1997. CONTACT: Sam Hadeed,
AMSA (202) 833-4655.
AMSA Comments on Proposed Test Methods on Stationary Internal
Combustion Engines and General Information Collection Plan
Background: EPA is developing National Emission Standards
for Hazardous Air Pollutants (NESHAPS) 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. The ICCR
Coordinating Committee and workgroups are composed of various
stakeholders which will develop necessary technical information,
identify regulatory alternatives and impacts and make recommendations
to EPA. 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: EPA recently indicated to AMSA that they will
conduct a limited data gathering survey, and will use existing
data as the basis for crafting regulations for the combustion
devices. The basis for control of combustion devices will be
the average of the top performing 12% of the sources withing the
category. AMSA's Air Quality Committee is concerned that the
combustion devices operating at POTWs will be considered with
all similar combustion categories, ignoring the unique nature
of the fuel that is burned at a treatment plant. If this happens,
the 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. AMSA's Board of Directors approved
funding support of the Air Quality Committee's request to conduct
a survey of the membership to collect both data inventory and
emission data for combustion devices The next meeting of the ICCR
Committee is scheduled for March 18-21 in Chicago, IL..
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
were not included among the listed categories of solid waste incinerators.
In effect, Agency intent seems to delist sewage sludge incinerators
from coverage under Section 112 and include them under Section
129. 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. The deadline
for submittal of public comments is March 17, 1997. The date
for final promulgation of standards and guidelines remains at
November 15, 2000.
Status: The Incineration Workgroup met in Cleveland, Ohio on January 22, 1997 to discuss concerns with the EPA action and to develop AMSA comments during the 60 day public comment period. AMSA and its Incineration Workgroup leadership plan to meet with senior EPA officials in the Offices of Air, Radiation and Water in April to discuss Agency plans to regulate sewage sludge incinerators. AMSA's Incineration Workgroup is concerned whether EPA has the legal authority to regulate sewage sludge incinerators as a category under Section 129.