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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
Proposal
Consent Decree or Actual
Final Action
Consent Decree
Pulp, Paper and Paperboard12/17/93 (1)
Pesticide Formulating, Packaging, and Repackaging 4/14/949/96
Centralized Waste Treatment1/27/95 23/97
Coastal Oil and Gas Extraction2/17/95 10/96
Pharmaceutical Manufacturing5/2/95 23/97
Metal Products and Machinery, Phase 15/30/95 2 43/97
Industrial Laundries23/97 312/98
Transportation Equipment Cleaning23/97 312/98
Landfills and Incinerators33/97 33/99
Metal Products and Machinery, Phase 23 412/97 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.