EPA UpdateEPA Update

David PhillipsDavid PhillipsIndustrial Pretreatment Program CoordinatorIndustrial Pretreatment Program CoordinatorU.S. EPA Region 4U.S. EPA Region 4

FIPA Spring Workshop + Silver Springs, Florida + March 25, 2011FIPA Spring Workshop + Silver Springs, Florida + March 25, 2011

New Categorical Standards New Categorical Standards Being ConsideredBeing Considered

Healthcare IndustryHealthcare Industry Unused PharmaceuticalsUnused Pharmaceuticals

HospitalsHospitals Long-term Care FacilitiesLong-term Care Facilities HospicesHospices Clinics (school, prison, community)Clinics (school, prison, community) Doctor’s officesDoctor’s offices Veterinary Clinics and HospitalsVeterinary Clinics and Hospitals

New Categorical Standards New Categorical Standards Being ConsideredBeing Considered

Healthcare IndustryHealthcare Industry Unused PharmaceuticalsUnused Pharmaceuticals

HospitalsHospitals Long-term Care FacilitiesLong-term Care Facilities HospicesHospices Clinics (school, prison, community)Clinics (school, prison, community) Doctor’s officesDoctor’s offices Veterinary Clinics and HospitalsVeterinary Clinics and Hospitals

New Categorical Standards New Categorical Standards Being ConsideredBeing Considered

Healthcare IndustryHealthcare Industry Unused PharmaceuticalsUnused Pharmaceuticals

““Best practices” (i.e., BMPs) being Best practices” (i.e., BMPs) being developed for Hospitals and Long Term developed for Hospitals and Long Term Care Facilities Care Facilities

Details to be released with Details to be released with Final 2010 ELG PlanFinal 2010 ELG Plan

http://www.smarxtdisposal.nethttp://www.smarxtdisposal.nethttp://www.disposemymeds.orghttp://www.disposemymeds.org

New Categorical Standards New Categorical Standards Being ConsideredBeing Considered

Airport Deicing OperationsAirport Deicing Operations EPA proposed standards in 2009EPA proposed standards in 2009 High Ammonia wastewatersHigh Ammonia wastewaters

Dental AmalgamDental Amalgam Voluntary BMP Program Underway (ADA)Voluntary BMP Program Underway (ADA) EPA-proposed Standards expected 2011EPA-proposed Standards expected 2011 EPA final Standards expected 2012EPA final Standards expected 2012

New Categorical Standards New Categorical Standards Being ConsideredBeing Considered

Dental AmalgamDental Amalgam ADA-funded study indicated 50% of mercury ADA-funded study indicated 50% of mercury

entering POTWs can originate from dental.entering POTWs can originate from dental.

Well-maintained amalgam separators Well-maintained amalgam separators capture/recycle 95-99% of dental mercury.capture/recycle 95-99% of dental mercury.

Use reduces free mercury in influent and Use reduces free mercury in influent and biosolids (reports of 30-50% biosolids reduction).biosolids (reports of 30-50% biosolids reduction).

Use may have limited impact on reducing Use may have limited impact on reducing mercury elevated in POTW effluent.mercury elevated in POTW effluent.

Amalgam Separators

New Categorical Standards New Categorical Standards Being ConsideredBeing Considered

Dental AmalgamDental Amalgam Is anyone Is anyone mandatingmandating use/maintenance of use/maintenance of

amalgam separators?amalgam separators? (2008) 11 States and 20 local jurisdictions.(2008) 11 States and 20 local jurisdictions.

Can I use local limits? (Yes)Can I use local limits? (Yes) MWRA (Massachusetts, 350 MGD, 250+ SIU)MWRA (Massachusetts, 350 MGD, 250+ SIU)

Local limit established is 1 ppb (Local limit established is 1 ppb (g/L)g/L) Mercury sources: dentists 18%, industry 3%, Other Mercury sources: dentists 18%, industry 3%, Other

84%84% Reduction from medical sources in 5 years: 91%Reduction from medical sources in 5 years: 91% Annual penalties collected: ~$400k-100kAnnual penalties collected: ~$400k-100k

Revisions to Existing Standards Revisions to Existing Standards Being ConsideredBeing Considered

OCPSF/Inorganics/Pharma Mfg – OCPSF/Inorganics/Pharma Mfg – Parts 414/415/439Parts 414/415/439 Chlorine and Chlorinated Hydrocarbons Chlorine and Chlorinated Hydrocarbons

(CCH) Manufacturing(CCH) Manufacturing

Dioxins…forming from manufacture of :Dioxins…forming from manufacture of :

ethylene dichloride (EDC)ethylene dichloride (EDC)

vinyl chloride monomer (VCM)vinyl chloride monomer (VCM)

polyvinyl chloride (PVC)polyvinyl chloride (PVC)

Revisions to Existing Standards Revisions to Existing Standards Being ConsideredBeing Considered

OCPSF/Inorganics/Pharma Mfg – OCPSF/Inorganics/Pharma Mfg – Parts 414/415/439Parts 414/415/439 Chlorine and Chlorinated Hydrocarbons Chlorine and Chlorinated Hydrocarbons

(CCH) Manufacturing(CCH) Manufacturing

Mercury…increases due to new air pollution Mercury…increases due to new air pollution controls in mercury-cell process to manufacture :controls in mercury-cell process to manufacture :

ChlorineChlorine

CausticsCaustics

Revisions to Existing Standards Revisions to Existing Standards Being ConsideredBeing Considered

Steam Electric Power – Part 423Steam Electric Power – Part 423 EPA-proposed rule expected 2012EPA-proposed rule expected 2012 EPA-final rule expected 2014EPA-final rule expected 2014 www.epa.gov/guide/steamwww.epa.gov/guide/steam

Pending GuidancePending Guidance

IU Permitting Guidance ManualIU Permitting Guidance Manual Updates 1989 guidanceUpdates 1989 guidance Will be released with a WebcastWill be released with a Webcast www.epa.gov/npdes/pretreatment www.epa.gov/npdes/pretreatment

Publications (right-side box)Publications (right-side box)

Pending GuidancePending Guidance

Introduction to the National Introduction to the National Pretreatment ProgramPretreatment Program Updates 1999 manualUpdates 1999 manual Will be released with a WebcastWill be released with a Webcast www.epa.gov/npdes/pretreatment www.epa.gov/npdes/pretreatment

Publications (right-side box)Publications (right-side box)

Guidance in DevelopmentGuidance in Development

Guidance for POTW Pretreatment Guidance for POTW Pretreatment Program DevelopmentProgram Development Updates 1983 guidanceUpdates 1983 guidance

Procedures for Reviewing POTW Procedures for Reviewing POTW Pretreatment Program SubmissionsPretreatment Program Submissions Updates 1983 guidanceUpdates 1983 guidance

WebcastsWebcasts

www.epa.gov/npdes/pretreatment www.epa.gov/npdes/pretreatment Trainings and Meetings (right-side box)Trainings and Meetings (right-side box)

Register for upcoming casts and/orRegister for upcoming casts and/or

scroll to Pretreatment listingsscroll to Pretreatment listings

Posted:Posted: Compliance Monitoring 101Compliance Monitoring 101 Compliance Inspections 101Compliance Inspections 101 Industrial Waste Surveys 101Industrial Waste Surveys 101 Other topicsOther topics

POTW Pretreatment POTW Pretreatment Programs in SNCPrograms in SNC

Region 4 closely reviewing State reportsRegion 4 closely reviewing State reports

Elevated response from EPA where:Elevated response from EPA where:

POTW’s SNC continues despite State actionsPOTW’s SNC continues despite State actions

POTW’s SNC unresolved for two quarters or morePOTW’s SNC unresolved for two quarters or more

State requests EPA actionState requests EPA action

FOG Programs and FOG Programs and Pretreatment:Pretreatment:

Regulatory BasisRegulatory Basis

FOG Programs and Pretreatment:FOG Programs and Pretreatment:Regulatory BasisRegulatory Basis

What is an Industrial User?What is an Industrial User? 40 CFR 403.3(j)40 CFR 403.3(j)

• An industrial user is a source of indirect discharge.An industrial user is a source of indirect discharge.

What is an Indirect Discharge?What is an Indirect Discharge? 40 CFR 403.3(i)40 CFR 403.3(i)

• Introduction of pollutants into a POTW from any non-Introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c), (d) of domestic source regulated under section 307(b), (c), (d) of the Clean Water Act.the Clean Water Act.

All non-domestic sources regulated by All non-domestic sources regulated by Pretreatment Standards require a control Pretreatment Standards require a control mechanism.mechanism. 40 CFR 403.8(f)40 CFR 403.8(f)

FOG Programs and Pretreatment:FOG Programs and Pretreatment:Regulatory BasisRegulatory Basis

What is a Pretreatment Standard?What is a Pretreatment Standard? 40 CFR 403.3(l)40 CFR 403.3(l)

• Any categorical standards applicable to IUsAny categorical standards applicable to IUs• Any prohibitions in 40 CFR 403.5Any prohibitions in 40 CFR 403.5

40 CFR 403.5(d)40 CFR 403.5(d)• Local limitsLocal limits

FOG Programs and Pretreatment:FOG Programs and Pretreatment:Regulatory BasisRegulatory Basis

Specific Prohibitions Specific Prohibitions - 403.5(b)- 403.5(b) The following pollutants shall not be introduced into a The following pollutants shall not be introduced into a

POTW:POTW: 403.5(b)(3)403.5(b)(3)

• Solid or viscous pollutants in amounts which Solid or viscous pollutants in amounts which will will causecause obstruction to the flow in the POTW obstruction to the flow in the POTW resulting in Interference.resulting in Interference.

403.5(b)(4)403.5(b)(4)• Any pollutant at a flow rate or concentration that Any pollutant at a flow rate or concentration that

will causewill cause Interference with the POTW. Interference with the POTW.

FOG Programs and Pretreatment:FOG Programs and Pretreatment:Regulatory BasisRegulatory Basis

What is a POTW?What is a POTW? 40 CFR 403.3(q)40 CFR 403.3(q)

• A treatment works owned by a municipality. This definition A treatment works owned by a municipality. This definition includes includes any devices or systems usedany devices or systems used in the storage, in the storage, treatment, recycling, and reclamation of municipal sewage or treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes. liquid industrial wastes. It also includesIt also includes sewers, pipes, and sewers, pipes, and other conveyancesother conveyances that convey wastewater to a municipal that convey wastewater to a municipal treatment plant. treatment plant.

What is Interference?What is Interference? 40 CFR 403.3(k)40 CFR 403.3(k)

• A discharge, either alone or in combination with discharges A discharge, either alone or in combination with discharges from other sources, which both:from other sources, which both:

(1) Inhibits or disrupts the POTW (see above); it’s treatment or (1) Inhibits or disrupts the POTW (see above); it’s treatment or operations, or sludge managementoperations, or sludge management

(2) Causes a violation of any (2) Causes a violation of any POTW permit requirementPOTW permit requirement

POTW permit requirements:POTW permit requirements:

……shall at all times properly operate and shall at all times properly operate and maintain…maintain…

……shall implement approved pretreatment shall implement approved pretreatment program and Part 403…program and Part 403…

FOG Programs and Pretreatment:FOG Programs and Pretreatment:Regulatory BasisRegulatory Basis

The receiving sewer serves a commercial fast-food area.

Is the source of this pollutant an industrial user?

Can this pollutant cause Interference with the POTW, and therefore a violation of Pretreatment Standards?

Do the industrial users that supply this pollutant require a control mechanism by the POTW Pretreatment Program?

What about What about residential sourcesresidential sources? ? They are They are domesticdomestic sources… sources…

Control also necessary to meet Control also necessary to meet common goals: common goals:

Meet proper O&M condition of Meet proper O&M condition of NPDES permitNPDES permit

Prevent sewer overflow violationsPrevent sewer overflow violations

Authorities for controlling domestic Authorities for controlling domestic FOG sources are localFOG sources are local

FOG Programs and Pretreatment:FOG Programs and Pretreatment:Regulatory BasisRegulatory Basis

QuestionsQuestions

Phillips.David@epa.gov (404) 562-9773