EPA National Pretreatment Program 2017 Update

Transcription

1 EPA National Pretreatment Program 2017 Update Jan Pickrel Office of Wastewater Management U.S. Environmental Protection Agency San Antonio, TX May 17, 2017

2 New Administration Priorities The core philosophies will guide our work to advance progress in key priority areas: Supporting Core Drinking Water and Clean Water Infrastructure Projects Restoring Contaminated Sites to Productive Use, Creating Jobs and New Economic Opportunities Attaining Air Quality Standards Implementing TSCA Reform Legislation, Instilling New Confidence and Safety for American Families Ensuring Sound Science and Research Detecting Non Compliance and Performing Required Federal Inspections Building a Stronger, More Responsive EPA

3 Guiding Philosophies Rule of law: EPA s work won t go anywhere if it constantly faces legal challenges. By administering laws enacted by Congress and issuing environmental rules tethered to those statutes, EPA can achieve so much more for the protection of human health and our environment. Cooperative federalism: States and tribes are our partners in enforcing environmental laws and programs EPA wants to build trust and a strong working relationship with these partners to get results for all Americans. Public participation: EPA s authority is derived from the democratic process, and that process is made more credible by engaging with the diverse views of the American public, and addressing stakeholder input on the impacts of rules on families, jobs, and communities.

4 WIFIA Federal credit program for water infrastructure authorized in the Water Resources Reform and Development Act (WRRDA) of 2014 Federal credit programs are a powerful way to leverage Federal funding Congress only appropriates money to cover estimated losses (the credit subsidy) and the remainder of the funding is borrowed from and repaid to Treasury A small amount of Federal funds can support a much larger amount of infrastructure investment. For WIFIA, subsidy cost is about 2 percent Each $1 dollar in appropriated funding will leverage more than $50 in credit assistance Subsidy rate varies based on the level of riskiness of each loan 4

5 WIFIA Eligibility Eligible Borrowers Local, state, tribal, and federal government entities Partnerships and joint ventures Corporations and trusts Clean Water and Drinking Water State Revolving Fund (SRF) programs Eligible Projects Wastewater conveyance and treatment projects that are eligible for the Clean Water SRF Drinking water treatment and distribution projects that are eligible for the Drinking Water SRF Enhanced energy efficiency projects at drinking water and wastewater facilities Brackish or seawater desalination, aquifer recharge, alternative water supply, and water recycling projects Drought prevention, reduction, or mitigation projects Acquisition of property if it is integral to the project or will mitigate the environmental impact of a project A combination of projects secured by a common security pledge or submitted under one application by a SRF program 5

6 WIFIA Important Program Features Minimum project size for large communities. Minimum project size for small communities (population of 25,000 or less). Maximum portion of eligible project costs that WIFIA can fund. Maximum final maturity date from substantial completion. Maximum time that repayment may be deferred after substantial completion of the project. Interest rate will be equal to or greater than the U.S. Treasury rate of a similar maturity. Projects must be creditworthy. NEPA, Davis-Bacon, American Iron and Steel, and all federal crosscutter provisions apply. 6

7 WIFIA Application Process Project Selection Project Approval Negotiation and Closing Notice of Funding Availability Letter of Interest submission Letter of Interest evaluation Invitation to apply Application submission Application evaluation Term sheet Application approval Negotiation activities Credit agreement execution 7

8 Water Infrastructure and Resiliency Finance Center EPA s Water Finance Center provides financing information to help local decision makers make informed decisions for drinking water, wastewater, and stormwater infrastructure to protect human health and the environment. Research Advise Innovate Network An Information and Assistance Center Focus on drinking water, wastewater and stormwater funding and financing sustainable and resilient infrastructure Work with states, local decision makers, water sector associations, and our federal family to share models of financial leadership and success Manage grants to regional Environmental Finance Centers Oversee the U.S. EPA Environmental Financial Advisory Board (EFAB) Current Activity Areas: Water Finance Clearinghouse Public-Private Partnerships & Emerging Finance Models Affordability Programs for Communities in Need WaterCARE Technical Assistance Initiative Marketplace Solutions for Drought Resiliency Regional Finance Forums 8

9 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 Flannery application and program updates U.S. Environmental Protection Agency 9

10 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 U.S. Environmental Protection Agency 10

11 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 followup notification Agency/Docket Number: EPA-HQ-OW comments received Final rule anticipated December /17/2017 U.S. Environmental Protection Agency 11

12 Update to Industrial User Inspection and Sampling Manual For POTWs Original: April 1994 Update: January 2017 Next Task: Training user inspection and sampling manual publicly ownedtreatment works

13 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 1983 Completion of Appendices to IU Permit Writing Manual: Appendix I Production Based Standards 1985 Appendix J Combined Wastestream Formula Guidance for Developing Control Authority Enforcement Response Plans 1989 Guidance Manual for Control of Wastes Hauled to POTWs pretreatment program events training andpublications

14 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 pretreatment program events training and publications U.S. Environmental Protection Agency 14

15 National Enforcement Initiatives: FY Selected every 3 years with 3 year implementation 2 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 5/17/2017 U.S. Environmental Protection Agency 15

16 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. enforcement initiatives 5/17/2017 U.S. Environmental Protection Agency 16

17 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 5/17/2017 U.S. Environmental Protection Agency 17

18 Management Standards for Hazardous Waste Pharmaceuticals 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 5/17/2017 U.S. Environmental Protection Agency 18

19 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) 19

20 Management Standards for Hazardous Waste Pharmaceuticals 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 5/17/2017 U.S. Environmental Protection Agency 20

21 National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV Background Five Clean Air Act Regulation Subparts that may apply at POTWs: CAA 129: 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 CAA 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 U.S. Environmental Protection Agency 21

22 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!!! /pdf/ pdf U.S. Environmental Protection Agency 22

23 National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV 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 U.S. Environmental Protection Agency 23

24 National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV 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 U.S. Environmental Protection Agency 24

25 National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV 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 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] U.S. Environmental Protection Agency 25

26 National Emission Standards for Hazardous Air Pollutants for POTWs 40 CFR Part 63, Subpart VVV 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 U.S. Environmental Protection Agency 26

27 CROMERR, or CROMERR = CROss Media Electronic Reporting [Receipt] Rule [CROMERR] 40 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 5/17/2017 U.S. Environmental Protection Agency 27

28 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 5/17/2017 U.S. Environmental Protection Agency 28

29 NPDES Electronic Reporting Rule: 40 CFR 127 The October 22, 2015 final rule helps EPA and states clean up the 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 resources to focus on the most important problems. Using technology to obtain more accurate, timely, and complete information about the NPDES program. Pretreatment Program Annual Reports in one EPA Region (Region 9, 2009)

30 NPDES Electronic Reporting Rule: 40 CFR 127 EPA State Pretreatment Technical Workgroup kicked off 5 April 2017 EPA is organizing similar technical workgroups for each of the NPDES sectors (e.g., biosolids, sewer overflows, pretreatment, CAFOs, stormwater, and CWA 316) during implementation of the final rule. These technical workgroups will help define the reference values, business rules, and other data standards for the data elements in the final rule (see Appendix A to 40 CFR 127). These technical workgroups also discuss options for data access so that they are useful for program management. Recommendations from the technical workgroup will be documented in a Technical Paper, which will be used as a starting point for future IT development. The draft paper from this technical workgroup will be reviewed by all EPA Regions and states and then posted on EPA s website when final. Lead for this technical workgroup is Carey Johnston (Office of Compliance) johnston.carey@epa.gov

31 Jan Pickrel (202)