Pretreatment & Hazardous Wastes Issues
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: EPA and NRDC reached an agreement, on February
3, that will give the agency more time to meet court-ordered deadlines
for developing effluent guidelines. Table 1, now current through
February 21, presents a summary of effluent guidelines currently
under development. CONTACT: Sam Hadeed, AMSA 202/833-4655.
Table 1 - Effluent Guidelines Currently Under Development
Consent Decree or actual | Consent Decree | |
| Pulp, Paper and Paperboard | 12/17/93 | 1/98 |
| Pesticide Formulating, Packaging, and Repackaging | 4/14/94 | 9/96 |
| Centralized Waste Treatment | 1/27/95 | 8/99 |
| Coastal Oil and Gas Extraction | 2/17/95 | 8/99 |
| Pharmaceutical Manufacturing | 5/2/95 | 4/98 |
| Metal Products and Machinery, Phase1 and Phase 2 | 10/00 | 212/02 |
| Industrial Laundries | 9/97 | 6/99 |
| Transportation Equipment Cleaning | 1/98 | 2/00 |
| Landfills and Incinerators | 1/98 | 2/00 |
1 The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree with NRDC
2 EPA merged 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. A final rule is 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. CONTACT: Ed Terry, EPA 202/260-7128.
Pharmaceutical Manufacturing: EPA has plans to jointly
promulgate effluent guidelines along with 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 plans to merge the
two phases of this regulation into one rule scheduled for proposal
in October 2000. CONTACT: Steve Geil, EPA 202/260-9817.
Industrial Laundries: The Office of Science
and Technology held a public meeting in Laurel, Maryland on March
4, 1997. EPA plans to propose effluent guidelines for this
category by September 1997. CONTACT: Susan Burris, EPA 202/
260-5379.
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, 1996 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: 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). AMSA will have an opportunity to review and comment on this document following Agency-wide input to the pre-proposal. A proposed rulemaking is expected in the Federal Register by October 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Jeff Smith, EPA 202/260-5586.
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 in February 1997. Copies of the draft final report
were distributed to the Peer Review Committee in February for
final review. The project report is expected to be completed
and mailed to members in April 1997. CONTACT: Sam Hadeed,
AMSA 202/833-4655.
AMSA Finalizes Toxic Release Inventory (TRI) White Paper
Background: As a result of AMSA's 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 in 1995. 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 has completed its TRI white paper. Copies will be distributed to members via an upcoming Regulatory Alert in April 1997. 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; 5 cities implementing
the CMP as a best management practice; one city using a general
permit mechanism; and one using a flow-adjusted concentration-based
limit. 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 meeting between AMSA, EPA and the Silver
Council was held on March 13 to discuss project activities. Requests
for Proposals will be circulated in April; the project startup
date is anticipated for June 1997.