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. 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.
Status: Over the past year, AMSA has worked closely
with EPA to encourage them to consider AMSA's opposition to
regulate SSIs under Section 129. In response to the January 1997
NAI, EPA has gathered data on SSIs from the permit compliance
system (PCS) database, information from the regions on Part 503
permits, source test data from 97 incinerators and, along with
AMSA representatives, visited several test sites in PA and NJ to
assess various controls in place at both multiple hearth and
fluidized bed incinerators. 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's Offices of Air and
Water will hold an internal meeting on March 18, 1998 to finalize
plans for addressing SSIs. A meeting with AMSA is anticipated in
April. 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: On July 16, 1992, as required by the Clean Air Amendments of 1990, EPA published a list of industrial source categories that emit one or more of listed 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). The promulgation date for the MACT Standards was established for May 1999.
Status: 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 1997, AMSA's Air Quality Committee
Leadership reviewed a draft copy of the proposed rule and submitted a
preliminary analysis outlining AMSA's comments and concerns to Bruce
Jordan, Director of EPA's Emissions Standards Division. The draft Standard
was sent to the Office of Management and Budget on December 22, 1997 and
publication is anticipated in May 1998. EPA forwarded copies of the
preamble to AMSA for preliminary review in early 1998. AMSA's Air
Quality Committee leadership met with EPA's Office of Air Quality
Planning & Standards on February 23 to discuss AMSA's review comments
on the advance draft preamble and proposed rule. (A summary of AMSA's
comments appeared in the 11/21/97 FaxAlert.) Based on the draft proposal
currently at the Office of Management & Budget for final review and
approval, no existing POTWs will be required to install controls for
hazardous air pollutants (HAPS). EPA acknowledged at the meeting
that clarifying language changes will be made to the proposal's
preamble and rule based on AMSA's comments. The meeting focused
on several unresolved policy issues. AMSA strongly recommended
that EPA not exclusively rely on emissions estimates generated
from its WATER8 model, but allow other more predictive models
of wastewater emissions. AMSA urged EPA to allow direct emission
source testing data should any ambiguity exist whether a facility
is a major source of HAPs and recommended clarification of the nomenclature
used to divide the POTW community into two categories. EPA indicated that
some changes will be made to the rule's preamble based on information
presented by AMSA. EPA will also consider this information in any
reevaluation of the MACT floor determination. EPA will proceed
with the proposed MACT package and use the comment period to
solicit further input. AMSA's National Office will distribute
copies of the proposal to the membership via Regulatory Alert
following its anticipated May publication in the Federal Register.
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.
The ICCR Coordinating Committee met on February 24-25, 1998, in Washington, DC. The Workgroups have currently scheduled the following meetings: March 24 (New Orleans, LA) -- Boilers; April 30 (Fort Collins, CO) -- Incinerators, IC Engines, Boilers, Stationary Combustion Turbines, and Process Heaters; May 1 (Fort Collins, CO) -- Testing & Monitoring Protocol.
CONTACT: Sam Hadeed, AMSA 202/833-4655, or Fred Porter, EPA
919/541-5251.
Model Risk Management Plan Development
Background: As required under Section 112(r)(7) of the Clean Air Act, on June 20, 1996, EPA promulgated a final Risk Management Plan (RMP) regulation which requires 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. 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, scheduled for completion in Spring 1998 and may have elements that are applicable to wastewater facilities. AMSA and EPA's Office of Chemical Emergency Preparedness & Prevention are developing a model RMP to help wastewater facilities comply with the June 1999 compliance deadline to implement the CAA's Section 112(r)(7) requirements.
Status:. Following completion of the second draft, in March 1998,
the guidance document will be pilot tested at several member agencies
across the country and undergo a peer review process by various wastewater
agencies, with project completion during Summer 1998. During AMSA's Winter
Conference, Board of Directors approved AMSA sponsorship of a 2-day workshop,
in late June, based on the model RMP guidance. The Workshop will be held on
June 25-26 in Milwaukee, WI. Registration information will be sent to the
membership via an upcoming Member Update. Registration information will
also be available at AMSA's Web Site Clean Water On The Web in the Conferences
and Meetings Section at http://www.amsa-cleanwater.org. CONTACT: Sam Hadeed,
AMSA 202/833-4655.