U.S. EPA Update OWM & Pretreatment Program

Transcription

1 U.S. EPA Update OWM & Pretreatment Program Jan Marie Pickrel US EPA, Office of Wastewater Management March 7, rd VWEA Annual Industrial Waste & Pretreatment Conference Charlottesville, Virginia 1

2 Coming together is a beginning; Keeping together is progress; Working together is a success...henry Ford 3/8/2017 2

3 NPDES & Pretreatment Updates NPDES Applications and Program Updates Rule NPDES Updates Rule Combined Sewer Overflows Public Notification Requirements for the Great Lakes Pretreatment Program Guidance Documents Updates Industrial User Inspection and Sampling Manual for POTWs (1994) Updates to Other Manual and Training in progress Office of the Inspector General Guidelines 2014 Report National Enforcement Initiative FY Effluent Guidelines and Pretreatment Standards Program Analytical Methods Update Rule ( MUR ) National Study of Nutrient Removal and Secondary Technologies NESHAP for POTWs Management Standards for Hazardous Waste Pharmaceuticals Final Rule NPDES Electronic Reporting Rule 3

4 NPDES Applications and Program Updates Rule Proposal: Federal Register on May 18, Changes to: 40 CFR 122, 123, 124, 125 Comment period: Closed August 2, 2016 Final Rulemaking: Anticipated November 2017 Docket EPA-HQ-OW Contact: Erin Flannery Keith 4

5 NPDES Applications and Program Updates Rule (continued) Focus: Eliminate inconsistences between regulations and application forms; Improve permit documentation, transparency, and oversight; Clarify existing regulations; and Delete outdated provisions. 15 topics in the following major categories: Permit Applications Permit Objections Documentation (Fact Sheets) Process Efficiencies Vessel Exemptions 401 Certification Process 5

6 Combined Sewer Overflows Public Notification Requirements for the Great Lakes Proposed: 1/13/2017 (82 FR 4233) ::: Comment Period Ends: 3/14/ Objectives: Ensure timely notice to the public of CSO discharges Ensure timely notice to local public health departments, public drinking water facilities and other potentially affected public entities, including Indian tribes, of CSO discharges. Provide the community and interested stakeholders with effective and meaningful follow-up notification Agency/Docket Number: EPA-HQ-OW comments received Final rule anticipated December /8/2017 6

7 Update to Industrial User Inspection and Sampling Manual For POTWs Original: April 1994 Update: January 2017 Next Task: Training 3/8/2017 7

8 Guidance Manual Updates/ Revisions Documents Under Revision Guidance Manual for POTW Pretreatment Program Development Original Date of Issuance 1983 Procedures Manual for Reviewing a POTW Pretreatment Program Submission Completion of Appendices to IU Permit Writing Manual: Appendix I Production Based Standards Appendix J Combined Wastestream Formula Guidance for Developing Control Authority Enforcement Response Plans Guidance Manual for Control of Wastes Hauled to POTWs

9 Response to Office of Inspector General September 2014 Report Best Practices for NPDES Permit Writers and Pretreatment Coordinators to Address Toxic and Hazardous Chemical Discharges to POTWs Guidance regarding Hazardous Waste Reporting Requirements for Industrial Users: 40 CFR (j) & (p) WET Reporting TRI Reporting Webinars -- TBD 9

10 National Enforcement Initiatives FY Selected every 3 years with 3 year implementation 3/8/ NEW topics for Keeping Industrial Pollutants Out of the Nation's Waters (new initiative) 2. Reducing Risks of Accidental Releases at Industrial and Chemical Facilities (new initiative) 3. Cutting Hazardous Air Pollutants 4. Reducing Air Pollution from the Largest Sources 5. Ensuring Energy Extraction Activities Comply with Environmental Laws 6. Keeping Raw Sewage and Contaminated Stormwater Out of the Nation's Waters 7. Preventing Animal Waste from Contaminating Surface and Ground Water 10

11 National Enforcement Initiatives FY Keeping Industrial Pollutants Out of the Nation's Waters (new initiative) 1.Chemical Manufacturing 2.Metal Manufacturing 3.Mining 4.Food Processing Focus resources on: national environmental problems where there is significant non-compliance with laws, and where federal enforcement efforts can make a difference. Focus on employing Next Generation Compliance strategies to enhance enforcement cases and build compliance. Next Generation Compliance is EPA's strategy to address today's pollution challenges through a modern approach to increase compliance, utilizing new tools while strengthening vigorous enforcement of environmental laws. 3/8/

12 Ongoing Effluent Guidelines Review Process (CWA 304m) Preliminary 2016 Plan Published in FR: June 27, FR Comment Period Closes: July 27, 2016 Docket ID No. EPA-HQ-OW Anticipate Publication of Final Plan in August 2017 Contact: Bill Swietlik (202) Page 12 3/8/2017

13 Preliminary 2016 Effluent Guidelines Program Plan Announced no new or revised regulations planned Provided status on 3 categories regulations (new or revisions) underway: Dental Category Unconventional Oil & Gas Extraction Canned &Preserved Seafood Category covering Alaska Seafood Processing Provided updated on 3 ongoing studies: Petroleum Refining Centralized Waste Treatment Facilities Metal Finishing Identified 5 industry sectors regulations under review: Iron & Steel Battery Manufacturing OCPSF Electrical & Electronic Pulp, Paper, & Paperboard Components Manufacturing 3/8/

14 Preliminary 2016 Effluent Guidelines Program Plan Effluent Limitations Guidelines and Standards for Dental Offices Proposal published October 22, 2014, 79 FR Public comment through February 20, 2015 Received approximately 200 comments Final rule signed December 15, 2016 Rule withdrawn January /8/

15 Preliminary 2016 Effluent Guidelines Program Plan Unconventional Oil & Gas Extraction 40 CFR 435 Final June 28, 2016; effective December 7, (a) PSES for wastewater from unconventional oil and gas extraction. Except as provided in 40 CFR and , any existing source subject to this section, must achieve the following pretreatment standards for existing sources (PSES). (1) There shall be no discharge of wastewater pollutants associated with production, field exploration, drilling, well completion, or well treatment for unconventional oil and gas extraction (including, but not limited to, drilling muds, drill cuttings, produced sand, produced water) into publicly owned treatment works. (3) Existing sources discharging into publicly owned treatment works on or between April 7, 2015 and June 28, 2016, shall comply with the PSES by August 29, All other existing sources shall comply by August 29, /8/

16 Preliminary 2016 Effluent Guidelines Program Plan Canned & Preserved Seafood Category covering Alaska Seafood Processing - 40 CFR : 2 Petitions received from Industry: To suspend the applicability of effluent limitations for non-remote subcategories set in the ELGs, and To request a new rulemaking [proposed 1981] Notice of Data Availability (November 7, 2013) Public comments on NODA information collected through March 7, 2014 Final regulation forecast for Spring /8/

17 Ongoing Effluent Guidelines Review Process (CWA 304m) Updates on ongoing industry studies: Petroleum Refining Centralized Waste Treatment Facilities Metal Finishing 40 CFR 433 Preliminary Study of the Metal Finishing Category: 2015 Status Report [June 2016] 3/8/

18 Ongoing Effluent Guidelines Review Process (CWA 304m) Reviewing categories: Battery Manufacturing, 40 CFR 461 (1983) Electrical & Electronic Components Manuf, 40 CFR 469 (1983) Iron & Steel Manufacturing, 40 CFR 420 (1982, 2002) Organic Chemical, Plastics, and Synthetic Fibers, 40 CFR 414 (1987) Pulp, Paper, and Paperboard Categories, 40 CFR 430 (1998) 3/8/

19 Ongoing Effluent Guidelines Review Process (CWA 304m) Request for Public Comments and Information Data sources & Methodologies used in 304m Process Industry Reviews Continued study of Centralized Waste Treatment Facilities Conventional Extraction, Oil & Gas Industry to POTWs Produced Water Discharges, Oil & Gas Industry- 40 CFR 435, Subpart E Agricultural & Wildlife Water Use Subcategory A Strategy for American Innovation _innovation_october_2015.pdf 3/8/

20 [Analytical] Methods Update Rule Proposed February 19, FR [120 pages] Final signed December 15, 2016 Withdrawn January 2017 Contact: Adrian Hanley, hanley.adrian@epa.gov (202) /8/

21 National Study of Nutrient Removal and Secondary Technologies EPA plans to collect basic information from POTWs: Establish a statistically representative, nationwide baseline for nutrient discharge and removal Characterize operation and management practices that result in improved nutrient reduction 3/8/

22 Management Standards for Hazardous Waste Pharmaceuticals Publication of proposed rule in Federal Register September 25, 2015; 80 FR EPA extended comment period to December 24, 2015 Final rule projected for December 2017 On the whole, the proposed rule is considered more stringent than current policy and regulation States will be required to adopt the final rule Regulated entities will be required to use the final rule 3/8/

23 Management Standards for Hazardous Waste Pharmaceuticals (continued) Which Pharmaceuticals will be covered? Only those pharmaceuticals that are already considered hazardous waste Which facilities are covered? Replaces current generator regulations with new sector-specific management standards for the management of hazardous waste pharmaceuticals at: Healthcare facilities/pharmacies and Pharmaceutical reverse distributors 3/8/

24 Management Standards for Hazardous Waste Pharmaceuticals (continued) What requirements are proposed? Sewer Ban Since healthcare facilities and pharmaceutical reverse distributors will be banned from sewering hazardous waste pharmaceuticals, They will no longer be required to submit notifications under (p) for their hazardous waste pharmaceuticals They will still be required to submit notification for other hazardous waste discharges The sewer ban is a HSWA provision It will be effective in all states upon the effective date of the final rule, even before the state adopts it The level of RCRA regulation increases with the amount of hazardous waste that is generated: VSQG < SQG < LQG 3/8/

25 Examples of Listed HW Pharmaceuticals Listed Hazardous Waste P-Listed hazardous ACUTE wastes Warfarin (P001) Arsenic Trioxide (P012) Nicotine (P075) Physostigmine salicylate (P188) Physostigmine (P204) U-listed hazardous wastes Mitomycin C (U010) Chloral hydrate (U034) Cyclophosphamide (U058) Lindane (U129) Selenium sulfide (U205) Characteristic Hazardous Waste Ignitable (D001): Preparations with >24% alcohol Toxicity (D004-D043): if present above certain concentrations in the leachate during TCLP test Chromium (multi-vitamins) m-cresol (preservative in insulin) Mercury (preservative thimerosal) Selenium (multi-vitamins) Silver (burn creams) 25

26 Background Five Clean Air Act Regulation Subparts that may apply at POTWs: CAA 129: CAA National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV 40 CFR part 60, subpart O Standards of Performance for Sewage Treatment Plants 40 CFR part 60, subpart LLLL Standards of Performance for New Sewage Sludge Incineration Units 40 CFR part 60, subpart MMMM Standards of Performance for Existing Sewage Sludge Incineration Units 40 CFR part 61, subpart E National Emission Standards for Mercury 40 CFR part 63, subpart VVV National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works 26

27 National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV Existing POTW NESHAP vintage 1999 & 2001 Clean Air Act requires review every 8 years Consent Decree with NRDC to Review & report Proposed Rule Revisions: December 27, FR Issue a final rule by October 16, Addresses HAP from POTWs HAPs from POTWs due to industries subject to their own HAPs (i.e., from IUs) This is NOT the POTW sludge incinerator rule!!! 27

28 NESHAP for POTWs Proposed 12/27/2016 (continued) POTW MACT (40 CFR Part 60, Subpart VVV) applies if: The POTW has a design capacity to treat at least 5 MGD wastewater and treats wastewater from an industrial facility; and either The POTW is a major source of HAP emissions; or The POTW treats wastewater that is subject to requirements in another NESHAP, regardless of the total HAP emissions. Major source is defined as: >10 tpy for any single HAP >25 tpy for total HAP 28

29 NESHAP for POTWs Proposed 12/27/2016 (continued) Group 1 POTW An industrial facility uses the treatment and controls at the POTW to meet specific requirements for that wastewater stream found in another NESHAP For example, a pulp and paper facility sends its regulated wastewater to a POTW for treatment to comply with the requirements in the pulp and paper NESHAP instead of constructing their own onsite wastewater treatment units Group 2 POTW Any POTW that is not a Group 1 POTW Group 2 still accept wastewater from industrial facilities, however this wastewater has already been treated for compliance with any requirements in another NESHAP or is not subject to another NESHAP 29

30 NESHAP for POTWs Proposed 12/27/2016 (continued) Existing sources: Meet a HAP fraction emission limit of 0.08 on an annual rolling average The HAP fraction is based on the total HAP emissions from the primary treatment units and the total concentration of HAP in the influent wastewater New sources must meet one of the following: Meet a HAP fraction emission limit of on an annual rolling average Cover all primary treatment units and route emissions to a control device Emissions from primary clarifiers are not required to be routed to a control device HAP fraction emitted = total HAP emissions from primary treatment units total HAP loading in influent wastewater New and existing sources must also develop and implement a pretreatment program as specified in the National Pretreatment Program standards in 40 CFR 403 [pretty much assuming they have a pretreatment program already] 30

31 NESHAP for POTWs Proposed 12/27/2016 (continued) Both new and existing Group 1 POTW must also comply with the requirements for any regulated wastewater streams they are treating For example, if the POTW treats pulp and paper wastewater in order for the pulp mill to comply with the wastewater requirements in the pulp and paper NESHAP, then the POTW must comply with the specific wastewater requirements in the pulp and paper NESHAP Various records are required to demonstrate compliance with the standards: Data relevant to the calculation of the HAP fraction emitted Inspections of covers and closed vent systems, including any defects identified and repairs made All records relevant under the National Pretreatment Program Annual electronic reporting of the HAP fraction, cover inspections, and pretreatment program compliance is required through CEDRI 31

32 CROMERR or NPDES Electronic Reporting Rule? EPA Region 9 Annual Pretreatment Reports EPA Region 7 Annual Biosolids Reports 8 March 2016 VWEA Industrial Waste and Pretreatment Seminar 32

33 CROMERR or CROMERR = CROss Media Electronic Reporting [Receipt] Rule [CROMERR] 3/8/ CFR Part 3 Requirements on the Receiver of the Data NPDES Electronic Reporting Rule 40 CFR Part 127 Requirements for Certain Data Elements and Certain reports 33

34 POTWs with CROMERR Compliant Programs Grand Rapids, Michigan Metropolitan Council Environmental Services, MN Hampton Roads Sanitation District, Virginia Orange County Sanitation District, California Anticipate: Haverhill, MA Fort Collins, CO MWRA, MA Delta Diablo, CA 3/8/

35 NPDES Electronic Reporting On 22 October 2015, EPA published a rule that will help EPA and states protect our nation s waters, by: Bringing the NPDES Program into the 21 st Century by shifting from paper to electronic reporting. Final rule establishes no new reporting requirements for regulated entities. Saving money and time for the regulated community and for states (reduce data entry time, improve accuracy). Improving transparency and freeing state and EPA resources to focus on the most important problems. Using technology to obtain more accurate, timely, and complete information about the NPDES program. 35

36 Implementation Approach Phase 1 Data (21 December 2016): EPA and states: Basic facility and permit information as well as inspections, violation determinations, and enforcement actions data from states; Permittees: DMR information Sewage Sludge/Biosolids Annual Program Reports (where EPA runs the Federal biosolids program, which is 42 states, territories, and tribal lands). Phase 2 Data (21 December 2020): In addition to Phase 1 data, EPA and states would receive: General permit reports such as information (NOIs, etc.) from general permit covered facilities (CAFOs, MS4s, etc.); Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs When EPA or State is Control Authority All identified program reports from facilities SSOs, CSOs, Bypasses Pretreatment Annual Reports CWA 316(b) Annual Reports (Fed. Listed Threatened or Endangered Species) 36

37 Overview of Joint Development Process for Phase 2 Data Elements NPDES Program Core NPDES Permitting, Compliance, and Enforcement Data (including new Appendix A data elements) Pretreatment Program Annual Report, SIU Semi-Annual Reports (where EPA or state is Control Authority), Inspections and Pretreatment Information on NPDES Permit Application or Notice of Intent Concentrated Animal Feeding Operation Annual Report and Inspections as well as Animal Feeding Operation Information on NPDES Permit Application or Notice of Intent CWA section 316(b) Annual Report and Cooling Water Intake and Thermal Variance Information on NPDES Permit Application or Notice of Intent Municipal Separate Storm Sewer System (MS4) Program Report and Inspections as well as MS4 Information on NPDES Permit Application or Notice of Intent Technical Work Group Schedule Dec Feb Mar. Aug Mar. Aug Sep. Dec * * Note: Timing is dependent on completion of on a rulemaking to update Appendix A data elements to match changes under the NPDES MS4 General Permit Remand Rule. 37

38 Seven Data Groupings (Detail) Counts NPDES Electronic Reporting Rule Data Elements Basic Faciity Data 15 Universal Permit/NOI Data Basic Permit Information Narrative Conditions 6 -- Permitted Features 6 -- Limit Sets Information Limits Information 23 Subprogram Permit/NOI Data Biosolids/Sewage Sludge 8 -- AFO/CAFO Information Construction and Industrial Stormwater Information -- MS4 Information POTW Specific Information Pretreatment Information Cooling Water Intake Information 8 -- Thermal Variance Information 3 DMR Data 11 Program Report Data Universal Program Report Data 5 -- Biosolids/Sewage Sludge Annual Report CAFO Annual Report MS4 Program Report Preatrement Program Annual Report Sewer Overflow Event Report CWA Section 316 Program Report 5 14

39 Jan Pickrel Rebecca Christopher Kathryn Kazior Carey Johnston Karen Marsh Adrian Hanley Bill Swietlik Dan Chadwick Erin Flannery-Keith Tiffany Kollar 39