National Pretreatment Program Update

Transcription

1 National Pretreatment Program Update 22 nd Annual Pacific Northwest Pretreatment Conference September 14, 2015 Vancouver, WA Jay Pimpare U.S. Environmental Protection Agency Region 1 1

2 National Pretreatment Program Overview Response to OIG Report, More Action is Needed to Protect Water Resources From Unmonitored Hazardous Chemicals Anaerobic Digesters insert into 1999 Guidance Manual for the Control of Wastes Hauled to Publicly Owned Treatment Works Electronic Database Use / Data Entry NPDES Electronic Reporting Rule CROss Media Electronic Reporting [Receipt] Rule [CROMERR] Pretreatment Program Guidance Documents in Pogress Final 2014 Effluent Guidelines Program Plan * Dental Amalgam Rulemaking 2

3 Issued: September 29, P-0363.pdf 3

4 US EPA Office of the Inspector General: More Action is Needed to Protect Water Resources From Unmonitored Hazardous Chemicals 3 Questions asked: 1. Does the EPA regulate hazardous chemical discharges to and from sewage treatment plants? 2. Do sewage treatment plants monitor discharges for hazardous chemicals? 3. Has the EPA taken actions to address discharges of hazardous chemicals to and from sewage treatment plants? Report No. 14-P-0363, Issued: September 29,

5 US EPA Office of the Inspector General: Report No. 14-P-0363 (continued) ACTIONS 1. Develop / compile best practices for NPDES Permits and Pretreatment Programs coordinations, including use of multiple data sources for informed permit writing Enhance capabilities to identify and link reports to EPA from IUs (e.g., RCRA, TRI) Agreed to making the data systems easier to navigate by the public and EPA 2. Clarify guidance for 40 CFR (j) and (p) requirements 3. Develop WET training and standardize reporting 5

6 NPDES Electronic Reporting Rule Proposed July 30, 2013 (78 FR ) Proposed regulation will require that NPDES permittees electronically submit most of the required NPDES data (e.g., DMRs, NOIs, program reports) directly to states or EPA. This information will need to be submitted to EPA in a nationallyconsistent manner. These data submissions would meet EPA s current signatory and chain of custody requirements in Parts 3 (CROMERR) and 122 (NPDES Regs). Permittee electronic submissions will be supplemented by authorized state electronic submission: Basic existing facility and permit data; and Data originating from the states (e.g., inspections, violation determinations, enforcement actions). 6

7 EPA Region 9 Annual Pretreatment Reports (2009) EPA Region 7 Annual Biosolids Reports (2014) 7

8 Data from States Data from NPDES Permittees NPDES Electronic Reporting Rule More Efficient Existing Data Submissions Existing NPDES Program Reporting 40 CFR Discharge Monitoring Reports (DMRs) Part (l)(4)(i) General Permit Reports (NOI, NOT, NECs, LEWs) Part 122 Biosolids Annual Program Reports Part 503 CAFO Annual Program Reports Part (e)(4) MS4 Program Reports Part (g)(3), (c) Pretreatment Program Annual Reports Part (i) Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs When EPA or State is Control Authority Part (e) & (h) Sewer Overflow Event Reports (CSOs, SSOs, Bypass events) Part (l)(6), (7), & (m) Require electronic reporting by NPDES-authorized states, territories, tribes, and Regions of program implementation information (permits, inspections, violations, and enforcement actions) Part & Eliminate requirements for the annual state biosolids annual report, semi-annual statistical summary report, phase out state burden for ANCR and QNCR submissions, and rename and modify terms defining Category I and Category II noncompliance to reflect the new data sources Part

9 NPDES Electronic Reporting Rule Proposed July 30, 2013 (78 FR ) Phase 1 Data (one year after final rule) 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 (two years after final rule) Program reports from all facilities General permit covered facilities 9

10 Rule Schedule (In a perfect world setting) Final Rule Signature - late September Publication - October Effective date - November edmr deadline (Phase 1) December 2016 Pretreatment Reports (Phase 2) December 2017

11 Pretreatment Guidance Documents and Updates in progress: CROMERR for POTWs (submittal guidance) Industrial User Inspection and Sampling Manual for POTWs (1994) Anaerobic Digester legal applicability guidance (insert into Guidance Manual for the Control of Wastes Hauled to POTWs) Industrial User Permitting Guidance Manual Appendices Combined Wastestream Formula and Production Based Standards 11

12 Electronic Reporting to POTWs Cross Media Electronic Reporting Rule CROMERR 40 CFR Part 3 Standards for Information Systems (including Electronic Signatures) First CROMERR submission by MWRA (not yet approved) Only 1 POTW CROMERR approved to date City of Grand Rapids, MI [February 2014] 12

13 Anaerobic Digester Energy Extraction Good Effects: Treating FOG from food service establishments Reducing food waste to landfills Keeps FOG out of collection system preventing SSO s Greatly boost renewable energy generation through production of biogas If 50 % of the food waste generated each year in the U.S. was anaerobically digested, enough electricity would be generated to power 2.5 million homes for a year. ( 13

14 Anaerobic Digestion (Con t) So what s the problem????? 40 CFR 403.5(b)(2) Specific Prohibitions The following pollutants shall not be introduced into a POTW: Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with ph lower than 5.0, unless the works is specifically designed to accommodate such dichargers

15 Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Report Published August 4, 2015, 80 FR EPA DOCKET: EPA-HQ-OW FRL OW Contact: Bill Swietlik at Link to Plan: Link to Federal Register Notice:

16 Final 2014 Effluent Guidelines Program Plan Decisions Announced Release 2014 Annual Review Report Continue detailed studies: Petroleum Refining category, 40 CFR Part 419 Centralized Waste Treatment (particularly those that accept oil & gas extraction wastewaters), 40 CFR Part 437 Conduct preliminary study of Metal Finishing industry Investigate Pesticide Chemicals Manufacturing, Formulating and Packaging category (unregistered pesticides manufactured for export) Complete preliminary review from Coastal Oil & Gas Extraction into Cook Inlet, AK 16

17 EPA OW/OST Rulemakings Currently Underway Steam Electric Power Generation Final Rule scheduled September 2015 Alaska Seafood Processing, Canned and Preserved Seafood Notice of Data Availability November 7, 2013 Remote v. Non-remote Final anticipated Early 2016 Unconventional Extraction, Oil & Gas Industry [Shale Gas Extraction, Coal Bed Methane] Proposed April 7, 2015 Dental Amalgam Proposed October 22, 2014 Final anticipated June

18 Dental Amalgam Rule

19 If you already have a program in place This is going to be a piece of cake.

20 Proposed Standard Language Must install at least one 2008 ISO certified amalgam separator that: Is certified to meet removal efficiency 99% Receives all amalgam process wastewater and is INSPECTED at least ONCE per month If not functioning properly, must be repaired or replaced Is regularly MAINTAINED by replacing the amalgam retaining cartridge, canister or unit of retained solids OR reaches the manufacturers stated design capacity or annually, whichever comes first. 20

21 Proposed Language Pretreatment Standards Removal of at least 99.0% of total mercury from amalgam process wastewater Chair side traps that may drain to a sewer must be cleaned with non-bleach, non-chlorine containing cleaners that have a ph of 6 to 8. Such cleaning must be conducted at least weekly. Incorporation of Best Management Practices (BMPs): Scrap amalgam, including dental amalgam from chair-side traps, screens, vacuum pump filters, dental tools, or collection devices may not be flushed down the drain. 21

22 Periodic Monitoring Reports (From the dentists) Must be submitted annually and include: Name, address, contact info and dentist license # Certification that design and operation of the separator meets requirements in or ; and that the facility is employing the BMP s specified (cleaning, inspecting, etc.) 22

23 Dental Industrial User (DIU) IF the dental discharger complies with the applicable requirements in 40 CFR 403 and 441, the dental discharger may be considered a Dental Industrial User (DIU) by the POTW or State; Otherwise the POTW or State must permit the dental discharger as a Significant Industrial User (SIU). (Opposed by many in official comments as burdensome.) 23

24 Pretreatment Communities duties would include: Evaluate, at least once per year that the DIU still meets the criteria of a DIU under 40 CFR Find a DIU in Significant Noncompliance if it fails to provide a report within 45 days of the due date OR if the Pretreatment Inspector elects to conduct an inspection and finds the facility is not in compliance with BMPs or other requirements of 40 CFR If the DIU has not returned to compliance within 90 days, the Pretreatment Community must permit the dental discharger as a SIU. (Commenters did not support) 24

25 What is EPA doing???? NACWA Pretreatment Workshop (May 2015) EPA stated that the proposal did not go far enough. It did not reduce the burden enough. The Agency is exploring approaches to address these comments. We are having some spirited conversations on this topic some fun and spirited conversations.

26 Summarizing NACWA Comments Remove the SIU provision Increase compliance time for baseline reporting and new sources Ensure that POTWs will not need to establish pretreatment programs to regulate only dental offices Grandfather existing dental amalgam separator programs Provide assurance that violations will not occur for POTWs for a minimal number of dental offices in noncompliance Remove the requirement to collect license numbers of dentists Allow electronic submission of certifications Sunset the rule when it is no longer needed Establish federal standards for dental offices to install dental amalgam separators and follow BMPs Clearly state that non-compliance is subject to citation from POTWs, states, or EPA, but do not obligate these Control

27 What should Pretreatment Coordinators be doing? Keep up with the progress on the rule (EPA website) Attend training to learn more about Dental BMP s Get familiar with the operation of different types of Amalgam Separators Update the Local Sewer Use Ordinance to include authority to enforce a Best Management Practices Local Limit (vs. just having a uniform mercury limit)

28 Effluent Guidelines Website: epa.gov/guide

29 Clean Water Act Methods Update Rule Proposal: Federal Register dated February 19, 2015, 33 FR (121 pages) revised Agency analytical methods : 608, 624, 625 revised methods published by voluntary consensus standard bodies, such as ASTM International and the Standard Methods Committee methods positively reviewed under the Alternate Test Procedures (ATP) program changes to clarify the procedures for EPA approval of nationwide and limited use ATPs amendments to the procedure for determination of the method detection limit (MDL) - address laboratory contamination issues related to the MDL and better account for intralaboratory variability. to the regulated community, improve data quality, and update the methods, to keep current with technology advances Final anticipated Winter

30 Questions??? Justin Pimpare Regional Pretreatment Coordinator EPA New England 5 PO Square Suite 100 OEP Boston, MA Pimpare.Justin@epa.gov (617)