Pretreatment & Hazardous Wastes Issues
Proposed and Final Rules - Notices
Proposed Effluent Guidelines Plan
Background: EPA published its final plans for developing
new and revised effluent guidelines which regulate industrial
discharges to surface waters and to POTWs in the October 7, 1996
Federal Register. Section 304(m) of the Clean Water Act requires
EPA to publish a biennial Effluent Guidelines Plan. In the plan,
EPA highlights current effluent guidelines under development,
the process for selection of new effluent guideline regulations,
and preliminary and ongoing studies.
Status: AMSA's Pretreatment and Hazardous Wastes Committee
had reviewed and commented on EPA's proposed effluent guidelines
plan proposed in the August 9, 1996 Federal Register. AMSA supported
EPA's direction on several rulemakings and the development of
additional technical information for chemical formulators, feedlots,
stormwater discharges, OCPSF facilities, water treatment plants,
and pulp/paper industries. The final plan is substantively identical
to the proposed plan. Though AMSA did not support proposed revisions
to iron and steel manufacturing, EPA intends to propose revised
regulations for this category in December 1998. Also, against
AMSA's recommendation, EPA is still considering future rulemakings
(pretreatment standards) for inorganic chemicals, photographic
processors, hospitals, and glass manufacturers. Table 1 presents
a summary of effluent guidelines currently under development.
CONTACT: Sam Hadeed, AMSA (202) 833-4655.
Table 1 - Effluent Guidelines Currently Under Development
Category Proposal Final Action
Consent Decree or actual Consent Decree
Category | Consent Decree or Actual | Consent Decree |
Pulp, Paper and Paperboard | 12/17/93 | (1) |
Pesticide Formulating, Packaging, and Repackaging | 4/14/94 | 9/96 |
Centralized Waste Treatment | 1/27/95 | 23/97 |
Coastal Oil and Gas Extraction | 2/17/95 | 10/96 |
Pharmaceutical Manufacturing | 5/2/95 | 23/97 |
Metal Products and Machinery, Phase 1 | 5/30/95 | 2 43/97 |
Industrial Laundries | 23/97 | 312/98 |
Transportation Equipment Cleaning | 23/97 | 312/98 |
Landfills and Incinerators | 33/97 | 33/99 |
Metal Products and Machinery, Phase 2 | 3 412/97 | 3 412/99 |
1 The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree with NRDC
2 3/97 is an interim deadline by which EPA and NRDC expect to conclude negotiations. EPA may not propose or promulgate these rules by 3/97
3 EPA is discussing extensions to Consent Decree with NRDC
4 EPA is considering merging Phase 1 and 2 of the Metal
Products and Machinery Rule.
Pulp, Paper, and Paperboard Effluent Guidelines: EPA
issued the proposed Pulp, Paper, and Paperboard "Cluster
Rules", covering both effluent guidelines and National Emission
Standards for Hazardous Air Pollutants (NESHAP), on December 17,
1993. The proposed effluent guidelines were organized into 12
subcategories. EPA plans to promulgate final effluent guidelines
for two subcategories by the end of this year, and at least eight
remaining subcategories will be addressed in a final rule expected
in 1997.
Pesticide Formulating, Packaging, and Repackaging :
EPA is currently negotiating with the Natural Resources Defense
Council (NRDC) an extension to its consent decree for the development
of this rulemaking. CONTACT: Shari Zuskin, EPA (202) 260-7130.
Centralized Waste Treatment Facilities: In the September
16, 1996 Federal Register, EPA published a notice on the availability
of new information concerning the proposed oils treatment and
recovery subcategory of this industry. Originally, EPA estimated
that there were 35 facilities in this subcategory. EPA now estimates
that there are a total of 275 facilities in the subcategory.
Many of additional 240 facilities accept dilute, not concentrated
oil wastestreams, which has caused EPA to recalculate the projected
costs of proposed options under consideration, expected pollutant
reductions associated with these options and the projected economic
impacts. Comments on the notice are being accepted until November
25, 1996. CONTACT: Ed Terry, EPA (202) 260-7128.
Pharmaceutical Manufacturing: EPA is currently negotiating
with the Natural Resources Defense Council (NRDC) an extension
to its consent decree for the development of this rulemaking.
EPA has received significant support for its plans to jointly
promulgate effluent guidelines along with planned National Emission
Standards for Hazardous Air Pollutants (NESHAP) regulations for
the pharmaceutical industry. CONTACT: Frank Hund, EPA (202) 260-7182.
Metal Products and Machinery: EPA is currently negotiating
with the Natural Resources Defense Council (NRDC) an extension
to its consent decree for the development of this rulemaking.
EPA has received significant support for its plans to merge the
two phases of this regulation into one rule. The phase I regulation
would cover seven industrial groups: aircraft, aerospace, hardware,
ordnance, stationary industrial equipment, mobile industrial equipment,
and electronic equipment. Phase II would add eight other industrial
groups. It is expected that some 8,700 MP&M facilities would
be subject to Pretreatment Standards for Existing Sources (PSES).
CONTACT: Steve Geil, EPA (202) 260-9817.
Leather Tanning: EPA issued a directed final rule on
July 8 which will allow local POTWs to change or delete the upper
pH limit for leather tanning facilities in three subcategories.
This rule became effective October 6, 1996. CONTACT: Ed Terry,
EPA (202) 260-7128.
Revisions to NPDES Pretreatment Program Modification Requirements
- Proposed Rule
Background: On July 31, 1996 a proposed rule to simplify procedures for modifying POTW pretreatment programs was published in the Federal Register. Only modifications that relax legal authority or local limits would continue to be deemed substantial modifications and, therefore, require public notice. Only one public notice would be required for substantial program modifications in most cases.
Status: 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 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. A final rulemaking is scheduled for June 1997.
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: EPA plans to circulate a preliminary draft of the
proposed rule to regional/state offices in January 1997. AMSA
will have an opportunity to review and comment on this document
following Agency-wide input to the pre-proposal. 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). A proposal is expected in
the June 1997 Federal Register. CONTACTS: Sam Hadeed, AMSA (202)
833-4655, or Jeff Smith, EPA (202) 260-5586.
Polices, Reports, Guidance Documents, Meetings
1996 Pretreatment Coordinators Workshop
Background: The third annual AMSA-EPA Pretreatment Coordinators
Workshop was held on November 6-8, 1996, at the Doral Ocean Beach
Hotel in Miami, Florida. This joint forum brought together considerable
expertise from local and state governments, and EPA regions and
Headquarters to discuss opportunities to enhance the current and
future direction of the national pretreatment program.
Status: More than 250 registrants attended the 3-day workshop.
Discussion topics for the joint AMSA-EPA workshop on November
6-8 included sessions on EPA pretreatment program updates, alternative
control mechanisms to national effluent guidelines, special considerations
and control mechanisms for developing local limits, overview of
AMSA-WEF August 1996 pretreatment streamlining workshop, regional
breakouts, and excellence and innovation in pretreatment and
pollution prevention. Proceedings were distributed at the workshop.
Supplemental materials not available during the workshop are
being prepared and will be available in late January 1997. The
1997 Pretreatment Coordinators' Workshop will be held at the Norfolk
Waterside Marriott in Norfolk, Virginia, November 5-7. CONTACT:
Sam Hadeed, AMSA (202) 833-9106.
AMSA Pretreatment Performance Measures Study
Background: As a follow up project to AMSA's 1994 Pretreatment
Performance Measures Report to EPA, the National Office is working
under a cooperative agreement with EPA to better define performance
measures in site-specific, tangible terms, and determining how
the measures can be implemented to assess pretreatment program
performance to achieve the greatest environmental benefits. The
firms of Apogee Research, Inc. and Woolpert are providing the
National Office with technical assistance.
Status: Preliminary results of five case studies
on the use of performance measures were presented to attendees
of the 1996 AMSA-EPA Pretreatment Coordinators Workshop. Recommendations
are being developed to describe how the existing and additional
measures could be used for program oversight. A progress report
was sent to EPA on November 13, 1996. The project report is
expected to be completed in February 1997. Copies of the draft
final report were distributed to the Peer Review Committee for
final review. CONTACT: Sam Hadeed, AMSA (202) 833-4655.
AMSA To Finalize Toxic Release Inventory (TRI) White Paper
Background: As a result of AMSA's recent meetings with
the Environmental Working Group (EWG) concerning allegations presented
in the EWG and Public Interest Research Group's (PIRG) recent
publication, "Dishonorable Discharge: Toxic Pollution of
America's Waters," AMSA will complete a white paper of
TRI issues which it had begun last year. The white paper will
assess the TRI program's ability to accurately inform communities
of the risks of toxic chemical exposure and, where necessary,
to offer potential remedies. The paper will also assess the accuracy
of the current TRI reporting program, and analyze the contribution
of TRI chemicals to the environment from POTWs.
Status: AMSA expects to complete the white paper by February
and distribute its findings to EPA, EWG, PIRG, and other interested
parties. CONTACT: Sam Hadeed, AMSA (202) 833-4655.
Related Items of Interest
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; five cities implementing
the CMP as a best management practice; one city using a general
permit mechanism; and one using a flow-adjusted concentration-based
limits. 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 1-2 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. A decision on funding this project is expected
in February.