Presentation on theme: "FEDERAL CATEGORICAL PRETREATMENT STANDARDS"— Presentation transcript:
1FEDERAL CATEGORICAL PRETREATMENT STANDARDS Module 4Pretreatment 101 Short Course8/4/09Addison, TXAllen GilliamADEQ State Pretreatment Coordinator
2Categorical Pretreatment Standards (for YOU Categorical Pretreatment Standards (for YOU? Just “Categorical Standards”)Technology-basedCWA '307(b) and (c)CWA '304(m) “Plan”
3Industry (IU) Categories Targeted 1976 EPA/NRDC agreement56 categories to date30 have Pretreatment Standards40 CFR Partsjust “google” 40 CFR 4?? to locate the categoryEffluent Guidelines PlanEffluent Guidelines Task ForceOriginal 1976 consent decree identified 21 categories; later modified to 34 in a 1979 agreement.Currently there are about 60 published categories that have effluent guidelines (for direct dischargers) and/or categorical pretreatment standards (for indirect dischargers).There are 27 with quantifiable pretreatment standards. Region 6 has a Summary Table revised July 2001 [see me after if you want a copy]Plans for EPA's expansion and modification of the list is detailed in the Effluent Guidelines Plan, published in the Federal Register biennially as required in section 304(m) of the CWA.An “Effluent Guidelines Task Force” is responsible to evaluate how guidelines are developed and looks for ways to make the development process more efficient.Typically, the first step is a preliminary study to evaluate likelihood of need for limitations, based on nature of pollutant discharges and comparison with other categories.Industries identified as primary sources of toxic pollutants are typically targeted for effluent guideline and categorical standard development.CONTACT YOUR REGIONAL COORDINATOR IF YOU HAVE INFO TO SUBMIT TO THE TASK FORCE
4From Proposal to Codification Code of Federal RegulationsProposed RegulationsIU data on processes conducted, wastestreams generated, current treatment and management practices, availability and cost of control technologies, non-water quality environmental impacts, available pollution prevention measures, and economic impacts are identified, and used to derive proposed effluent guidelines and pretreatment standards.These findings and determinations are presented along with the proposed regulations in a proposed develop document published in the federal register.Affected industry, public interest groups, and State agencies and local programs are given opportunities to provide written comments.Public hearings may also be conducted for EPA to present the basis of the proposed regulations, answer questions and allow other comments.EPA is responsible for analyzing comments and determining their validity.Final comments along with promulgation of the final regulations are published in the federal register. EPA will then publish and make available the FINAL DEVELOPMENT DOCUMENT and FINAL REGULATIONS.Proposed Development DocumentPromulgation of Final RegulationsFinal Development DocumentPublic CommentRevisions
6Categoricals & Possible SIC code Correlatons (cont.) Inorganic chemicals4152812, 2813, 2816, 2819Soaps and detergents manufacturing4172841Fertilizer manufacturing4182873, 2874, 2875Petroleum refining4192911Iron and steel manufacturing4203312, 3315, 3316, 3317, 3479Nonferrous metals manufacturing4212819, 3331, 3334, 3339, 3341Phosphate manufacturing4222819, 2874Steam electric power generation4234911Ferroalloy manufacturing4243313
7Categoricals & Possible SIC code Correlatons (cont.) Leather tanning / finishing4253111Glass manufacturing4263211, 3221, 3296Asbestos manufacturing4272621, 3292Rubber manufacturing4282822Timber products processing4292491, 2493Pulp, paper and paperboard4302611, 2621, 2631Meat products4322011, 2013, 2077Metal finishing433groups: 34, 35, 36, 37 and 38XXCoal mining4341221, 1222, 1231, 1241
8Categoricals & Possible SIC code Correlatons (cont.) Oil and gas extraction4351311Mineral mining and processing4361422, 1423, 1429, 1442, 1446, 1455, 1459, 1474, 1475, 1479, 1499Pharmaceutical manufacturing4392833, 2834Ore mining and dressing4401011, 1021, 1031, 1041, 1044, 1061, 1094, 1099Transportation equipment cleaning4424491, 4499, 4741, 7699Paving and roofing materials (tars and asphalt)4432951, 2952, 3996Waste combustors (commercial incinerators combusting hazardous waste)4444953, 2819, 2869, 3241, 1422, 1429, 1459, 9999Landfills4454953Paint formulating4462851
9Categoricals & Possible SIC code Correlatons (cont.) Ink formulating4472893Gum and wood chemicals4542861Pesticide chemicals manufacturing, formulation and packaging4552879Explosives4572892Carbon black manufacturing4582895Photographic4597221, 7335, 7384, 7819Hospital4608062, 8063, 8069Battery manufacturing4613691, 3692Plastic molding and forming4633081, 3082, 3083, 3084, 3085, 3086, 3087
10Categoricals & Possible SIC code Correlatons (cont.) Metal molding and casting (foundries)4643321, 3322, 3324, 3325, 3365, 3366, 3369Coil coating4653479, 3492, 3411Porcelain enameling4663431, 3631, 3632, 3633, 3639, 3469, 3479Aluminum forming4673353, 3354, 3355, 3357, 3363Copper forming4683351, 3357, 3463Electrical and electronic components4693671, 3674, 3679Nonferrous metals forming and metal powders4713356,3357, 3363, 3497
11Other Categoricals with no SIC Correlations Found Centralized Waste Treatment – CFR 437Metal Products and Machinery – CFR 438Concentrated Aquatic Animal Prod. – CFR 451
12Categorical Standards: Subparts Manufacturing processes employedRaw materials usedTypes of items producedCharacteristics of typical wastes generatedThe Control Authority must identify applicable processes subject to the regulations.As part of categorical standards development, EPA will typically subcategorize within an industrial category based on variability in:Manufacturing processes employedRaw materials usedTypes of items producedCharacteristics of typical wastes generated.Where such variables result in differences in the nature of pollutants of concern contained in the discharge and/or concentration of pollutants of concern in the discharge, standards-specific to each type of process operation wastewater discharge may be promulgated. An example is 40 CFR Part 465, Coil Coating, where EPA developed standards for four different subcategories: steel basis, galvanized basis, aluminum basis and can-making.
13Categorical Standards: Existing vs. New Source New source, 40 CFR 403.3(m)Construction dateTotal replacementSubstantially independentCompliance datesInterpretations are “all over the board…”There are different standards imposed on an IU based on whether they are a new or existing source. The CA must determine if a facility is a new or existing source, and what impact it has on the date for achieving compliance with categorical pretreatment standards.New Source Definition:Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after publication of the proposed pretreatment standards applicable to such source if such standards are thereafter promulgated. [these “Promulgation Dates” are listed in the Region 6 Summary Table] Provided that:(a) The building, structure, facility or installation is constructed at a site at whichno other discharge source is located; or(b) The building, structure, facility or installation totally replaces the processor production equipment that causes the discharge of pollutants at anexisting source; or(c) The production or wastewater generating processes of the building,structure, facility, or installation are substantially independent of anexisting source at the same site. The extent to which the new facility is integrated with the existing plant,and the extent to which the new facility is engaged in the same generaltype of activity as the existing source, should be considered when makingthis evaluation.[40 CFR §403.3(k)(3)]Construction is considered to have commenced if:The owner/operator has begun or caused to begin site preparation (e.g., clearing, removal of existing or installation of new stuff) or placement assembly or installation of facilities or equipment; orEntered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time.For interpretations/questions CONTACT your STATE COORDINATOR
14Categorical Standards: General Provisions ApplicabilityDefinitionsMonitoring and reporting requirementsCompliance dates for PSESOtherThe General Provisions sections are located at the beginning of a Category Part and/or Subpart and may be comprised of such sections as:Applicability; such section may detail:Processes specifically covered or excluded from coverageSimilar processes that are covered by other regulationsWhere another regulation applies based on other processes performedMinimum production levels for facilities to be coveredDefinitions, such asThe analytical requirements in defining a pollutant, e.g.TOTAL TOXIC ORGANICS (TTO) for Metal Finishing at 40 CFRThe units of production to use for calculating production-based discharge limits)Monitoring and reporting requirements, e.g.:Coil Coating at specifies analytical methods (petroleum based O&G-E), variance from periodic monitoring for CN and requires special notification for use of a specific aluminum alloy for Canmaking; and40 CFR §433.12, Certification and plan required in lieu of monitoring for TTOCompliance Dates [PSES at 40 CFR Coil Coating]Other: Categorical standards may also contain specific types of provisions that apply only to that one category. For example:Iron & Steel 40 CFR §420Calculation of pretreatment standards, 40 CFR §420.04Removal credits for phenols (4AAP), 40 CFR §420.06The inclusion of these types of requirements dictates that the Control Authority be intimately familiar with the entire categorical standard.
15Categorical Standards: Elements of a Subpart ApplicabilitySpecialized definitionsEffluent limitations and standards, i.e.,BPT, BAT, BCT, PSES, NSPS, and PSNSYOU only have to be concerned with PSES & PSNSNote that not all parts have subparts.ApplicabilityWhile General Provisions of a categorical standard may provide insight to facilities covered by a regulation, subparts may have their own applicability section.Such a section under a subpart can specifically identify facilities/facility operations covered by the specific subpart, identifying use of specific materials, processes, etc. and even production levels.This section may also specifically list facilities not covered and the reason why. (Note-more descriptive applicability section may be found in the development document or specific regulation’s preamble.)Specialized definitionsLike general definitions for a part, subparts may include specific definitions of terms used within the subpart.As a result of EPA’s standard development process, effluent limits are calculated. As presented in the CFR, these include a variety of types of standards, including:Best Practicable control Technology currently available (BPT)Best Available Technology economically achievable (BAT)Best conventional pollutant control technology (BCT)Pretreatment standards for existing sources (PSES)New source performance standards (NSPS)Pretreatment standards for new sources (PSNS)BPT, BAT, BCT & NSPS all apply only to Direct dischargers and will not be covered here.PSES and PSNS apply to Indirect dischargers.
16Pretreatment Standards for Existing Sources and New Sources: (PSES and PSNS) Pretreatment standards are designed to prevent the discharge of pollutants that pass through, interfere with, or are otherwise incompatible with the operation of a POTW.WWTP processes and sludge disposal methods are both addressed in developmentIn determining where pretreatment standards (for existing and new sources) are necessary, EPA first determines if there is pass through of pollutants. Secondly, EPA determines if the nationwide average percentage of pollutants removed by a well-operated POTW achieving secondary treatment is less than the percent removed by the BAT model treatment system.Pretreatment standards for existing source (PSES) are technology-based and analogous to the direct discharge BAT effluent limitation guidelines for removal of toxic pollutantsPretreatment standards for new sources (PSNS), like PSES, are designed to protect the POTW and since new sources have the opportunity to incorporate in their plant the best available demonstrated technologies, EPA considers these factors in promulgating PSNS.NOTE - while the standards developed are based on various treatment technologies, there is no requirement for an IU subject to a categorical pretreatment standard, to install such specific technology, merely that they comply with the standard(s).Requires EPA to determinePass throughPollutant by pollutantFor removal of toxic pollutantsPSES are analogous to BATPSNS are analogous to NSPS
17Whether contained in the General Provisions or sections specific to a subpart, categorical pretreatment standards:May be numerical or narrative in form;May be imposed for various periods of timeInstantaneous, daily, or long term average (e.g., monthly, 30-day, 4-day);May be specific to individual wastewater streams;May require specific IU information for applicationProduction info, wastewater flow volumes.Further, some PSES and PSNS may not exist, be reserved, require compliance with 40 CFR Part 403 only or require no discharge of process wastewater pollutants or no pollutant allowance of the discharge.Understanding the significance of the variability is key to applying standards properly in local control mechanisms.
18Industrial Categories Without PSES or PSNS (regs are “silent”…) (11 of ‘em) CFR 422 Phosphate MfgCFR 432 Meat & Poultry ProductsCFR 434 Coal MiningCFR 436 Mineral Mining & ProcessingCFR 438 Metal Products & MachineryCFR 440 Ore Mining and DressingCategories without PSES or PSNSnot on Region 6 Summary Table/not considered CIUIn accordance with pretreatment standards development, discharges from these industrial categories were not determined to contain pollutants at concentrations that pass through, interfere with, or are otherwise incompatible with the operations of POTWs.Part 422, Phosphate ManufacturingPart 434, Coal MiningPart 436, Mineral and Mining ProcessingPart 438, Metal Products and MachineryPart 440, Ore Mining and DressingPart 454, Gum and Wood Chemicals ManufacturingPart 457, Explosives ManufacturingPart 459, Photographic ProcessingPart 460, HospitalsNote that EPA will periodically review these determinations to see if still applicable.Control Authorities are still obligated to identify and inventory these facilities (IWS) and to control (permit) their discharges even though they were found at a National level to not need control through categorical pretreatment standards. Note that categorical pretreatment standards are not developed for conventional pollutants that may be of significance to a POTW [e.g. If Significant (5% flow/load or potential) must permit]
19Industrial Categories Without PSES or PSNS (regs are “silent”…) CFR 445 LandfillsCFR 454 Gum & Wood Chemical MfgCFR 457 Explosives MfgCFR 459 Photographic ProcessingCFR 460 Hospitals
20Industrial Categories Without Specific PSES and/or PSNS 11 categories tooFor example:“Any existing source subject to this subpart that introduces process wastewater pollutants in a POTW must comply with 40 CFR Part 403.”Some categories may exclude only one of PSES/PSNS, or indicate they are reserved, others may merely require compliance with 40 CFR Part 403 (40 CFR , Dairy Products Processing, Subpart A - Receiving Stations is detailed in the slide).These 11 categories are:Part 405, Dairy Products ProcessingPart 406, Grain Mills (also includes a special requirement to protect against excessive loading – may be CIU due to requirement)Part 407, Canned and Preserved Fruits and Vegetables ProcessingPart 408, Canned and Preserved Seafood ProcessingPart 409, Sugar ProcessingPart 410, Textile MillsPart 411, Cement ManufacturingPart 424, Ferroalloy ManufacturingPart 427, Asbestos ManufacturingPart 432, Meat ProductsPart 463, Plastics Molding and FormingNote: Also not on Region 6 Summary Table / since there are no specific limitations (Cat Std) listed, EPA Region 6 does not consider them CIUSame as with excluded PSES/PSNSControl Authorities are obligated to identify and inventory these facilities (IWS) and to control (permit) their discharges even though they were found at a National level to not need control through categorical pretreatment standards. Note that categorical pretreatment standards are not developed for conventional pollutants that may be of significance to a POTW [e.g. If Significant (5% flow/load or potential) must permit]
21CATEGORIES THAT “MUST COMPLY WITH 40 CFR 403” CFR 405 Dairy ProductsCFR 406 Grain Mills (but, has a BOD5 / TSS formula)CFR 407 Canned & Preserved FruitsCFR 408 Canned & Preserved SeafoodCFR 409 Sugar Processing
23CATEGORIES WITH “NO DISCHARGE OF PROCESS WASTEWATER” (just 4 of ‘em) CFR 435 Oil & Gas ExtractionCFR 446 Paint FormulatingCFR 447 Ink FormulatingCFR 451 Concentrated Aquatic Animal Production
24CATEGORIES WITH SOME SORT OF PRETREATMENT STANDARD (30 OF ‘EM) “Standards” could be:Concentration based (“easy” to apply)Mass based (a little more difficult to apply but, not rocket surgery)Production based (closer to brain science than mass based. YOU have to know A LOT MORE about this type IU’s processes including flows and production)
29Pretreatment Standards Concentration-basedDirect approachMass based approachProduction-basedImposition of equivalent limitsHaving identified all the categories with no specific numerical standards, there are still quite a few categories that have discharge limits.A key element if these is the limit type. Limits are presented as two different types.Where there is no correlation between production and pollutant discharge, concentration limits are established.Occasionally, a regulation may specify a concentration-based standard but require it be multiplied by a long-term average process wastewater flow to derive a mass limit to be imposed.In cases where dilution of the wastestream may occur purposely or inadvertently to achieve compliance, mass equivalents may be imposed.40 CFR '403.6(d) states:Except where authorized to do so by an applicable pretreatment standard or requirement, no IU shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The Control Authority may impose mass limitations on IUs that are or potentially will use dilution to meet applicable pretreatment standards or requirements and in other cases where the imposition of mass limitations is appropriate.Where there is a correlation between production rates and levels of pollutants discharged, production-based limits are established.
31CFR 414 Organic Chems, Plastics & Synthetic Fibers – PSES (a little harder to apply) Must achieve discharges not exceeding the quantity (mass) determined by multiplying the process wastewater flow subject to this subpart times the concentration listed in the following table (ug/l)Daily Max Monthly AvgAcenaphthene ………………………… 19Anthracene ………………………… 19Benzene ……………….……….. 57Bis(2-ethylhexyl) phthalate ……………………….. 95Carbon Tetrachloride ………………………. 142Chlorobenzene ………………………..142
32PRODUCTION BASED INDUSTRY CALCS? (won’t even get into the Calc’s) Aluminum FormingSubpart A, Casting Cleaning Subcategorykg/1,000 kkg (pounds per million pounds) of metal pouredDaily Max Avg MonthlyCopper (T) …….………Lead (T) ……………Zinc (T) ………………
33Wastestream Types CFR 403.6(e) Two types of wastewater streams are defined in the regulationsRegulated&Non-regulatedRegulatedvs.Nonregulated- Unregulated or Dilute?
34THE DREADED COMBINED WASTESTREAM FORMULA (CWF) CT = alt. conc THE DREADED COMBINED WASTESTREAM FORMULA (CWF) CT = alt. conc. limit Ci= conc. limit for reg’d stream Fi= avg flow for reg’d stream FD= avg flow for dilution streams
36Wastestream Types CFR 403.6(e) A regulated process wastestream is a wastestream from an industrial process that is subject to a federal categorical pretreatment standard for a pollutant being applied.i.e.) The wastestream “contains regulated pollutants”RegulatedWastestream from an industrial process that is subject to a categorical pretreatment standard:“Contains Regulated Pollutants”
37Wastestream Types CFR 403.6(e) Two types of NONREGULATED wastestreamsUnregulatedDiluteA NONREGULATED / unregulated process wastestream is a wastestream from an industrial process that is not subject to a federal categorical pretreatment standard for a pollutant, but is not a dilute wastestream.i.e.) The wastestream “contains pollutants”Nonregulated- UnregulatedWastestream from an industrial process that is not subject to a categorical pretreatment standard and is not “dilute”“Contains Pollutants”
38“Contains No (neglible) Pollutants” Wastestream TypesNonregulated- DiluteWastestream considered to have only compatible pollutants and/or trace levels of regulated pollutants.“Contains No (neglible) Pollutants”A NONREGULATED / Dilute wastestream is a wastestream considered to have only compatible pollutants and/or only trace levels of regulated pollutants.i.e.) The wastestream “contains no pollutants”Sanitary wastewater;Demineralized backwash, Stormwater, Boiler blowdown, Noncontact cooling waterWhere such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with an industrial user's regulated process wastestream(s) will result in a substantial reduction of that pollutant, the Control Authority, upon application of the industrial user, may exercise its discretion to determine whether such stream(s) should be classified as dilute or unregulated.In its application to the control authority, the industrial user must provide engineering, production, sampling and analysis, and such other information so the control authority can make its determination.Process wastestreams specified in 40 CFR Part 403, Appendix D;…”for the purposes of the combined wastestream formula”…
39Types of Standards Daily maximum Long term averages 4-day 30-day In addition to identifying types of wastestreams, the Control Authority must also apply all applicable categorical pretreatment standards.In most instances, EPA develops daily maximum and long-term average limits for each discharge. Of course, there are exceptions to that and the definitions of long-term average vary between categories.Daily maximumLong term averages4-day30-dayMonthlyValues with no durationLimitations may be established as a daily maximum, 4-day average, 30-day average, monthly average, or even as a value with no duration of measure.Daily MaximumDaily maximums are based on the 99th percentile distribution of daily measurementsDaily is defined as any 24-hour periodSeveral parts/subparts just have daily maximum limits [419, 423, 428, 429, 430, 431]Long term averagesLong term (usually monthly) averages are based on the 95th percentile distribution of average daily values.4-day, such as 413Independent results from 4 consecutive sampling days. For the sampling days to be independent, each calculated 4-day average should not include sampling data used in another 4-day average.30-day [415, 418,420, 426, 428, 439, 469, or portions thereof]The average of any daily measurements collected and accepted during a 30 consecutive calendar day period (independent of calendar month)Technically, this is a rolling 30-day period.Note: historically EPA has considered a 30-day average to mean a monthly average.Monthlye.g., 40 CFR Parts 414, 421, 425, 433, 455, 461, 464, 465, 466, 467, 468, 469, 471, or portions thereofAll daily measurements collected and accepted for a calendar month.“Standard” / No duratione.g., 40 CFR Parts 443 Subparts A-D and 458 Subparts A-D, Oil and Grease Standards of 100 mg/l.This means it’s an instantaneous measurement type.
40Certifications, Alternative Monitoring, and Estimates As discussed earlier, as part of regulation development EPA identifies variability's in processes and wastestreams that may result in development of additional standards or approaches that are unique for a given industrial category or practice.Certifications (industry specific, in regulation)Occasionally, EPA encounters situationsCertificationsCompounds not used/generatedPollutants discharge in accordance to planAlternative monitoringCalculated estimateswhere industries that perform the regulated process do not use or generate the compound/pollutant determined to need regulating, e.g., due to chemical substitution. In such cases, EPA allows in the regulation, for the affected IU to certify to the POTW that they do not use or generate the pollutant of concern(s)e.g., 40 CFR Parts 430-Pulp, paper and paperboard & 431-The builders’ paper and board mills (Pentachlorophenol and Trichlorophenol), 40 CFR Part 439-Pharmaceutical manufacturing (CN-).Note that these facilities are to be considered CIUs subject to the same requirements as all CIUs.Alternate monitoringAllowed where EPA identifies a relationship, i.e., proportional relationship, between pollutants present in the wastestream, alternate monitoring may be allowed.Typically this is seen where monitoring for a group of pollutants, e.g., TTO, is quite costly whereas the alternate pollutant, e.g., O&G, is more affordable.Calculated estimatesWhile not common, a calculated estimate based on engineering calculations such as that allowed in 40 CFR Part 423 to demonstrate compliance with the “no detectable amount” of 124 priority pollutants in cooling tower maintenance chemicals may be justified especially where pollutants enter the wastestream primarily through isolated introduction of chemicals by the IU.The Control Authority may or may not allow the variance from monitoring to demonstrate compliance.
41Other Considerations...Removal credits - credit for POTW’s ability to [40 CFR '403.7] remove pollutant.Fundamentally different factors - adjust for [40 CFR '403.13] unanticipated impacts of compliance.Net/Gross calculation - adjust for pollutants in [40 CFR '403.15] intake source.We’re not going to spend much time on these, but there are other provisions in 40 CFR Part 403 that may allow a CIU a different set of numerical limitations.Removal creditsPOTWs receiving wastes from CIUs can grant removal credits to reflect POTW removal of pollutants regulated by categorical standards, thereby allowing discharges above those specified in the respective categorical standardsMust receive approval from Approval Authority.Fundamentally different factorsRequest for variance must be made within 180 days of Federal Register notice of final categorical standardExamples of factors considered fundamentally different include:Nature/quality of pollutants in User’s raw waste loadVolume of user’s process wastewater and effluent dischargesProcesses employed, process changesEngineering aspects of application of control technologyCost of compliance with required control technologyExamples not considered to be fundamentally different include:Feasibility of installing equipment w/i specified period of timeUser’s ability to pay for required waste treatmentImpact of discharge on quality of POTWs receiving waters.Net/Gross calculation application/approval processCategorical standards adjusted due to pollutants in intake waterPOTW must discharge to the same source as the IU's intake water.Additional information is provided in 40 CFR Part 403.