EPA Update Pretreatment Program

Transcription

1 EPA Update Pretreatment Program Jay Pimpare EPA New England Regional Pretreatment Coordinator September 11, 2012 Pacific Northwest Pretreatment Workshop Vancouver, Washington

2 Increased rain and snow frequency since

3 EPA Headquarters Activities Update OW - Office of Wastewater Management (OWM) Water Permits Division OW Office of Science & Technology (OST) Effluent Guidelines Pharmaceuticals Office of Enforcement and Compliance Assurance (OECA) Enforcement Compliance History Online (ECHO) 3

4 Pretreatment Training Opportunities Pretreatment 101 Webinar Series: Introduction to the National Pretreatment Program Industrial User Waste Survey Procedures POTW s Procedures for Conducting Compliance Monitoring POTW s Procedures for Conducting Compliance Inspections Overview of Pretreatment Standards Pretreatment Standards: Developing Local Limits FAQs to be placed in the POTW Program Development Guidance 4

5 Pretreatment Training Opportunities (continued) Pretreatment 101 Webinars coming soon: Industrial User Permitting Basics September 20, PM Eastern Industrial User Permitting Calculating Permit Limits Industrial User Permitting - Hauled and Trucked Waste 5

6 Pretreatment Guidance Manuals Industrial User Permitting Guidance Manual (1989) coming soon (any day now) incorporating guidance on Combined Wastestream Formula and Production Based Standards Amendment to Guidance Manual for the Control of Wastes Hauled to Publicly Owned Treatment Works (1999) Updating 1983 manuals: Procedures Manual for Reviewing a POTW Pretreatment Program Submission Guidance Manual for POTW Pretreatment Program Development 6

7 New Stormwater Guidance Post Construction Compliance Monitoring Guidance [May 2012] Goals of Post Construction Compliance Monitoring Verify the effectiveness of CSO controls Demonstrate compliance with WQS, protection of designated uses and sensitive areas Elements Data (including baseline data, water quality and criteria) QAPPs Assessment Plan Presumptive v. Demonstration Approaches Field Sampling Plans Standard Operating Procedures 7

8 Integrated Municipal Stormwater and Wastewater Planning Approach Framework Issued June 5, Incorporates Memorandum: Achieving Water Quality Through Integrated Municipal Stormwater and Wastewater Plans [Oct. 27, 2012] Planning for Sustainability: A Handbook for Water and Wastewater Utilities [Feb. 2012] 5 Elements Issues Description [water quality, human health, regulatory] Options Description [Identify and characterize municipalities, utilities; wastewater & stormwater flows] Communication Process & Outreach Process to Identify, Evaluate, Select, Alternatives and propose Schedule Measuring Success 8

9 Stormwater Construction General Permit Issued February 16, 2012 : 77 FR Incorporates non-numeric provisions of C&D Rule 40 CFR 450 Construction & Development Rule (C&D): Erosion & Sediment Controls Soil Stabilization Dewatering Requirements Pollution Prevention Measures Prohibited Discharges Surface Outlets Applicability : Sites disturbing 1 or more acres Sites less than 1 acre that are part of a larger common plan of development or sale 9

10 Regulation of Stormwater from Construction & Development Sites (continued) C&D Rule provisions must be incorporated into any new or reissued State or EPA Construction General Permit (CGP) Webinars [live] on March 15 th and 21 st, 2012 Contacts: Greg Schaner, (202) Erika Farris, (202)

11 Effluent Guidelines Program Update Final 2010 Effluent Guidelines Program Plan General Program Information Status Update and New Guidelines to develop Soliciting Input on 2011 Reviews Updating Clean Water Act Methods: Proposed Rule Effluent Guidelines Website Revision Enforcement Compliance History Online (ECHO) 11

12 Effluent Guidelines Program Plan Process for Annual Review and Biennial Plan START Solicit Stakeholder Recommendations on revising existing guidelines and on targeting point source categories for new guidelines Issue Final Plan Decide Which Categories to Identify for Potential Guidelines Revisions or New Guidelines Conduct Additional Outreach Meetings with Stakeholders Perform Detailed and Preliminary Investigations Screening Level Analyses that Review Pollutant Discharges by Point Source Category Resolve Major Data Quality Questions or Other Issues Publish Preliminary Plan Identifying Categories for Detailed & Preliminary Study Collect Public Comments 12

13 Effluent Guidelines Planning Final 2010 Plan published: Oct. 26, FR Day comment period ended Nov. 25, 2011 Comment Period reopened Dec. 27, 2011 Comment Period extended until Feb. 27, 2012 Comments received are factored into Preliminary 2012 Plan 13

14 Summary of Comments on Final 2010 Plan 31 sets of comments 11 industry organizations 3 NGOs 7 sanitation districts 5 states and municipalities 4 other organizations 1 member of Congress 1 private citizen 14

15 Summary of Comments on Final 2010 Plan Coalbed Methane and Shale Gas Extraction: 16 commenters 4 oppose CBM ELG, 3 support, 1 provides treatment info. 1 opposes SGE ELG, 8 support, 1 suggested move faster, 3 provide treatment info. Dental Amalgam: 8 commenters 6 suggest using BMPs, no limits on POTWs 4 suggest apply only to POTWs/Hg impaired waters 4 said dental offices not SIUs 2 said grandfather existing programs 2 said federal pretreatment is too inflexible 1 said local programs good enough Nanomaterials: 3 commenters: 1 supports an ELG, one opposed 15

16 Summary of Comments on Final 2010 Plan [continued] Health Care Industry: 2 commenters 1 said old-style ELG not appropriate, 1 wants research on ethyl mercury Ore Mining and Dressing: 2 commenters 1 questioned study data, 1 agrees not doing ELG Effluent Guideline Plan process in general: 1 suggested improvements to annual reviews 16

17 Recent Guidelines Activities Steam Electric Power Generation (40 CFR 423) Proposed Rule Nov Final Rule April 2014 Airport Deicing (40 CFR 449) FINAL May 16, FR Dental Amalgam (40 CFR 441)??? Coalbed Methane Extraction: -Proposed Rule 2013 Shale Gas Extraction: -Proposed Rule

18 Airport Deicing Rule

19 40 CFR Part 449 Effluent Limitation Guidelines and New Source Performance Standards for the Airport Deicing Category Final May 16, 2012 Only applies to direct discharges For more information on the rule:

20 Effluent Guidelines: What s Covered Airport Deicing ~ 330 Commercial Airports do Deicing Operations Estimated 25 MG of Aircraft Deicing Fluid Estimated 8.2 million lbs. of Urea (generating both Ammonia and COD). Estimated 128 million lbs of Chemical Oxygen Demand (COD) annually. Applies to: NEW Airports with 1,000 or more annual jet departures (non-propeller) that also have 10,000 or more total annual departures 60% collection requirement (based on deicing pads) for airports that use 460,000 gallons or more of aircraft deicing fluid Meet the COD of 154 mg/l Airports with 1,000 or more annual jet departures: stop use of urea or meet ammonia as nitrogen limit of 14.7 mg/l About 50 of 218 airports currently use urea

21 Dental Amalgam Categorical Standards (40 CFR 441) Why? Dental amalgams, or fillings containing mercury, account for 3.7 tons of mercury discharged from 120,000 dental offices annually. Approximately 50 percent of mercury entering POTWs comes from dental amalgam waste. Types of Controls or Treatment Available? EPA is focusing its analysis on amalgam separators because they are inexpensive, effective (> 98% removals), and currently the basis for many existing state and local requirements. EPA is also evaluating a range of BMPs to ensure proper operation of the amalgam separators and management of amalgam waste. EPA is focusing particular attention to the burden and costs for implementation, recordkeeping, and reporting options for dental offices and POTWs. 21

22 Dental Amalgam Categorical Standards (continued) Goal: To recycle as much mercury waste with best available technology with an effective but efficient compliance program. Detailed Study Aug.2008 MOU with NACWA, ADA, EPA Dec Press Release Announcement Sept 27, 2010 Proposed Rule Originally Oct 2011 Final Rule Originally Nov 2011 Webinar broadcast 6/9/2009: 22

23 10 States have mandatory program requirements Connecticut, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Oregon, Rhode Island and Vermont 23

24 What we ve done Met with external stakeholder groups Created an EPA dental amalgam workgroup Early 2011 Held three listening sessions 24

25 Major Issues From External Stakeholders 1. Standard for amalgam separators ANSI, ISO? New standard? 2. Dentists with existing amalgam separators Should previously installed models be accommodated? If so, how? 25

26 Issues (Cont d) 3. Operation and maintenance of amalgam separators Should EPA establish specific operation and maintenance requirements? 4. Demonstrating Compliance Certification Other? 26

27 Issues (cont d) 5. Discouraging Separator Use Dentists will be reluctant to install separators now as they are unsure of EPA s requirements Current pretreatment regulations define dischargers subject to categorical pretreatment standards to be significant industrial users (SIUs). Establishing pretreatment standards would create over 100,000 new SIUs. Should EPA consider alternatives? If so, what alternatives? 27

28 Comments from listening sessions POTWs document >50% reduction in Hg POTW and State using annual certifications for means of compliance with requirements POTWs often inspect dentists from once per year to once per five years POTW inspection rates were greater with limited number of dental offices 28

29 Comments (cont d) Several POTWs noted inspections identified improper management of solids containers Large program managing over 5,000 dentists using electronic reporting Several state and local programs noted that the existing requirements in Part 403 for annual inspections and permitting may be burdensome for control authorities. 29

30 Just do it! 30

31 Shale Gas Extraction Pretreatment Standards for the Shale Gas Extraction Industry (e.g., fracking wastewater ) Initiated 05/13/2011 Anticipate proposal in 10/

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33 Shale Gas Extraction (continued) April 2012 Memorandum of Agreement among the U.S. Departments of Energy and Interior and U.S. EPA about Collaboration on Unconventional Oil and Gas Research icfracturing/hydraulic-fracturing.cfm EPA's Study of Hydraulic Fracturing and Its Potential Impact on Drinking Water Resources First progress report anticipated late 2012 Final draft report anticipated for public comment and peer review

34 Shale Gas Extraction (continued) Draft [UIC] Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels - published May 10, comment period closes August 23, ydraulicfracturing/hydraulic-fracturing.cfm 34

35 Analytical Methods Update Rule May 18, 2012 [77 FR 29758] New and Revised Wastewater Methods Examples of Allowed Method Flexibility New QA/QC Requirements Clarifications and Corrections to Previously Approved Methods Revisions to Preservation and Holding Times 35

36 Calendar Limbo 36

37 Sufficiently Sensitive Methods Rule Draft Rulemaking Proposed June 23, 2010 Comments collected until 08/9/2010 Final Expected 2012 Revisions to NPDES Regulations: Application Requirements: 40 CFR (e) Monitoring Requirements for establishing limit standard: 40 CFR (i) Associated Clause in Part

38 SSO Rulemaking & Peak Flows Federal Register Notice-June 1, Listening Sessions- Summer 2010 SSO Workshop: July 14-15, Focus: How should a rulemaking address SSO control in the sanitary collection system and peak flow management at the POTW treatment plant 38

39 Stormwater Rulemaking Rulemaking considerations: Establish performance standard for discharges from newly developed and redeveloped sites of a specific size Extend the protection of the MS4 program Require larger regulated MS4s to reduce stormwater discharges in areas of existing development through retrofits Consider specific requirements for the Chesapeake Bay watershed Date for Proposed Rule and Final Rule to be determined soon 39

40 Pharmaceutical Management Issues 40

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42 What is EPA Doing?

43 News Headlines 43

44 U.S. EPA Office of Water Office of Science & Technology Detailed Study Focus Unused and Expired Pharmaceuticals Preliminary Observations Unused pharmaceutical management is a concern to state and local pretreatment programs. Current policies for managing unused pharmaceuticals include flushing, disposal in municipal trash, steam sterilization with medical waste, incineration, and using a reverse distributor to return unused pharmaceuticals. 44

45 U.S. EPA Office of Water Unused and Expired Pharmaceuticals Target Audience Hospitals, Long Term Care Facilities (LTCFs), Doctors Offices, Health Care Clinics, Hospices and Veterinary Facilities. Goals Summarize Federal and State Regulations. Identify current practices and best management practices. Draft Guidance Document EPA released its draft Best Management Practices for Unused Pharmaceuticals at Health Care Facilities : August 2010 EPA is summarizing the 89 comments received and incorporating revisions

46 U.S. EPA Office of Water Unused and Expired Pharmaceuticals Guidance Status: On hold Contacts: Meghan Hessanaer (202) Octavia Conerly (202)

47 Disposal of Unwanted Medicines In some cases, medicines are not entirely consumed due to: Change in prescription Patient s health improves before finishing medicine Patient death Patient non-compliance Bulk economy size containers of over-the-counter medicines contain more than is needed before expiration date

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49 National Drug Take-Back Days 1 st Event -September 25, 2010 (242,000 lbs) 2 nd Event April 30, 2011 (376,000 lbs) 3 rd Event October 29, 2011 (552,000 lbs) This one-day effort was intended to bring national focus to the issue of increasing pharmaceutical controlled substance abuse. The program is anonymous. Prescription and over the counter solid dosage medications, i.e. tablets and capsules accepted. Intra-venous solutions, injectables, and needles are not accepted. Illicit substances such as marijuana or methamphetamine are not a part of this initiative.

50 National Drug Take Back Day September 29, AM 2 PM 8 Locations with 12 miles of Portland, Oregon 3 Locations within Portland

51 Where to bring unused meds? Collection sites in every local community can be found at:

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54 Concord Hospital fined $205,000 for hazardous-waste violations Thursday, May 31, 2012 CONCORD - Concord Hospital was fined $205,000 for improperly disposing of hazardous-waste pharmaceuticals over a four-year period from Senior assistant attorney general K. Allen Brooks said the violations were discovered in an inspection by the state Department of Environmental Services. Capital Regional Health Care Corp., also known as Concord Hospital Inc., quickly corrected the problems once it was notified of the violations on Jan. 9, 2009, he said, and has not been cited since. The allegations did not pertain to infectious waste, commonly called biohazards, such as expended needles, according to a press release. The inspection revealed the hospital did not identify hazardous-waste alcohols, solvents and used oil for recycling, or follow certain hazardous-waste management requirements. The violations included the improper disposal of at least 800 gallons of hazardous-waste pharmaceuticals, which included medication and associated chemicals, Brooks said. The state alleged the hospital did not identify certain pharmaceutical wastes as hazardous and, as a result, shipped the waste to facilities that were not authorized to accept them. The hazardous waste ended up in the city s sewage and waste stream, Brooks said. According to a press release, there are 30 pharmaceuticals specifically listed as hazardous waste and numerous other drugs considered hazardous waste because they are ignitable, corrosive, reactive or toxic. The case, Brooks explained, was in the settlement stage since Under terms of the settlement, approved by Merrimack County Superior Court Judge Larry Smuckler, the hospital is assessed a $205,000 penalty, with $50,000 credited to the hospital if it provides free state-approved training related to the management of pharmaceutical waste to New Hampshirebased health care facilities. The remaining $155,000 is to be paid to the state over the next several months.

55 U.S. Drug Enforcement Agency Secure and Responsible Drug Disposal Act of 2010 Advanced notice of potential rulemaking January 21, FR Comments requested by March 23, DEA is seeking options for the safe and responsible disposal of dispensed controlled substances dispensed to individual patients, also defined as ultimate users, as well as long term care facilities Contact: Mark W. Caverly (202)

56 Revised Effluent Guidelines Website EPA s Office of Water is overhauling its website to make its content management easier. Please note that many URLs have changed. Please HELP US identify priorities for the next round of industry ELG webpages for updates: Which industry ELG webpages do you want updated? What topics would you like to see more information on to help you with your program? Do you have any style or layout suggestions? 56

57 Revised Effluent Guidelines Website (continued) 57

58 Revised Effluent Guidelines Website (continued) Clicking on industry category leads to industry specific page or contact 58

59 Revised Effluent Guidelines Website (continued) Industry specific page 59

60 NPDES Electronic Reporting Rule Clean Water Act Action Plan Oct 15, 2009 Goals: Target enforcement to the most important water pollution problems Strengthen oversight of the states Improve transparency and accountability Public Meeting held July 13, FR 38068, July 1, 2010 NPDES Exchange network: 60

61 Potential POTW Electronic Reports Discharge Monitoring Reports (DMRs) Biosolids Annual Program Reports Pretreatment Program Annual Reports Sewer Overflow and Bypass Event Reports (CSOs, SSOs, Bypass Events) When EPA or State is Control Authority Industrial User Compliance Reports in Municipalities Without Approved PretreatmentPrograms 61

62 Next Steps Rule Schedule The proposed rule is currently under review at the White House s Office of Management and Budget(OMB) Propose rule in the Federal Register Public Comment period Promulgate Final rule projected date late 2012 / early 2013 (includes modernization of EPA s national NPDES data system by the end of CY2012) 62

63 Next Steps Implementation Phases Phase 1 Data (January 2014?) Basic facility and permit information, inspections, violation determinations, and enforcement actions data from states; DMR information from facilities; Notices of intent to discharge (NOIs), notices of termination (NOT), no exposure certification (NEC), and low erosivity waiver (LEW)] for Federally issued general permits; and NOIs from facilities covered under CAFO general permits. Phase 2 Data (January 2015?) Program reports from all facilities General permit covered facilities 63

64 ECHO Enforcement & Compliance History Online 64

65 ECHO State Dashboard Enforcement & Compliance History Online Dashboard: Interactive mapping tool that presents information about: CWA Permit Compliance Monitoring Violations Enforcement Actions Penalty information 65

66 Program or Project Contacts Name Topic Area Phone Bill Swietlik Effluent Guidelines Planning (202) Damon Highsmith Dental Amalgam Pretreatment Standards (202) Meghan Hessenauer Samantha Lewis Unused Pharmaceutical Guidance Document (202) (202) Eric Strassler Effluent Guidelines Website (202) Carey Johnston DMR Pollutant Loading Tool (202) Robin Danesi Vessel General Permit (202) Greg Schaner Stormwater (202) Chris Kloss Stormwater / Green Infrastructure (202) Kloss.christopher@epa.gov Jamie Hurley Water Transfers (202) Hurley.jamie@epa.gov Rick Stevens Jim Carleton Sewage Sludge Study Sewage Sludge Risk Assessment (202) Stevens.rick@epa.gov Carleton.jim@epa.gov Jan Pickrel Pretreatment (202) Pickrel.jan@epa.gov Andy Hudock CWA Enforcement Action Plan Electronic Reporting Rule (202) (202) Hudock.andrew@epa.gov Johnston.carey@epa.gov 66

67 Any Questions? Jay Pimpare U.S. EPA New England (617)