[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66084-66101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31399]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6190-5]
RIN 2060-AF26
National Emission Standards for Hazardous Air Pollutants:
Publicly Owned Treatment Works
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking; notice of public hearing.
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SUMMARY: A proposed rule for the publicly owned treatment works (POTW)
source category is required to implement section 112 of the Clean Air
Act as amended (Act) and reflects the Administrator's determination
that POTW sources emit hazardous air pollutants (HAP) identified on the
EPA's amended list of 188 HAP. The primary HAP emitted by these sources
include xylenes, methylene chloride, toluene, ethyl benzene,
chloroform, tetrachloroethylene, benzene, and naphthalene.
The emission standards that the EPA is proposing with today's
notice would require control for HAP emissions from each new or
reconstructed POTW treatment plant which is a major source of HAP. The
standards would also require each existing and new POTW treatment plant
that treats specific industrial waste streams from an industrial user,
for the purpose of allowing that industrial user to comply with another
National Emission Standard for Hazardous Air Pollutants (NESHAP), to
meet the treatment and control requirements of the relevant NESHAP. The
EPA is not proposing any standard for publicly owned sewage and
wastewater collection systems at this time, because sufficient
information is not available at present to determine the amount of HAP
emissions from such systems or to evaluate the practicality of
controlling such emissions.
Although section 112(e)(5) of the Act required the EPA to
promulgate a maximum achievable control technology (MACT) standard for
POTW by November 15, 1995, the EPA was unable to collect and evaluate
the necessary information to meet that deadline. Under the separate
schedule for promulgation of MACT standards established by the EPA
pursuant to sections 112(e)(1) and (e)(3), the EPA was required to
promulgate a MACT standard for POTW by November 15, 1997. However,
because the EPA was unable to meet that deadline as well, the MACT
``hammer'' date may eventually apply to the POTW source category. Under
section 112(j)(2), the MACT ``hammer'' date is the date by which
affected facilities will be required to apply for a case-by-case MACT
emission limitation if the EPA has not promulgated a generally
applicable MACT standard. This date is May 15, 1999.
DATES: Comments. Comments must be received on or before January 15,
1999.
Public Hearing. A public hearing will be held, if requested, to
provide interested persons an opportunity for oral presentation of
data, views, or arguments concerning the proposed standards for POTW
sources. If anyone contacts the EPA requesting to speak at a public
hearing by December 16, 1998, a public hearing will be held on December
31, 1998.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
(LE-131), Attention, Docket No. A-96-46, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. The EPA requests that a
separate copy of comments also be sent to Mr. Robert B. Lucas (see FOR
FURTHER INFORMATION CONTACT for address). Comments and data may also be
submitted electronically by following the instructions below. No
confidential business information (CBI) should be submitted through e-
mail.
Electronic comments can be sent directly to the EPA at: A-and-R-
D[email protected]. Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on disk in
WordPerfect in 5.1 file format or ASCII file format. All comments and
data submitted in electronic form must note the docket number A-96-46.
Electronic comments on this proposed rule may be filed online at many
Federal Depository Libraries.
Public Hearing: If requested, the public hearing will be held in
Research Triangle Park, North Carolina, beginning at 9:30 a.m. Persons
interested in attending a public hearing should contact JoLynn Collins,
(919) 541-5671, Waste and Chemical Processes Group (MD-13) to determine
whether a hearing will be held and to obtain information on the exact
location.
Request to Speak at a Hearing. Persons wishing to make an oral
presentation at a hearing must notify Jo Lynn Collins, Waste and
Chemical Processes Group (MD-13), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, telephone (919) 541-5671.
Docket. The official record for this rulemaking will be compiled
under docket number A-96-46, (including comments and data submitted
electronically as described above). All materials in the docket
(including a printed version of each electronic comment), excluding any
portion of any materials claimed by the submitter as confidential
business information, will be available for inspection and copying from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
public docket for this rulemaking is located at the address in
ADDRESSES at the beginning of this document. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning the
proposed standards, contact Mr. Robert B. Lucas, Waste and Chemical
Processes Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone (919) 541-0884; facsimile (919) 541-0246; e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities. Entities potentially regulated by this action
are publicly owned treatment works. Regulated categories and entities
include:
[[Page 66085]]
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Category Examples of regulated entities
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Industry............................... Not affected.
Federal government..................... Sewerage Systems (SIC 4952),
Sewage Treatment Facilities
(NAICS 22132).
State/local/tribal government.......... Sewerage Systems (SIC 4952),
Sewage Treatment Facilities
(NAICS 22132), Municipal
Wastewater Treatment
Facilities, Publicly Owned
Treatment Works.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the Agency is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table also could be regulated. To determine
whether your facility or company is regulated by this action, you
should carefully examine the applicability criteria in section III.A of
this document and in Sec. 63.1580 of the proposed rule. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Internet. The text of today's notice also is available on the EPA's
web site on the Internet under recently signed rules at the following
address: http://www.epa.gov/ttn/oarpg/rules.html. The EPA's Office of
Air and Radiation (OAR) homepage on the Internet also contains a wide
range of information on the air toxics program and many other air
pollution programs and issues. The OAR's homepage address is: http://
www.epa.gov/oar/.
Electronic Access and Filing Addresses. The official record for
this rulemaking, as well as the public version, has been established
for this rulemaking under Docket No. A-96-46 (including comments and
data submitted electronically). A public version of this record,
including printed, paper versions of electronic comments, which does
not include any information claimed as confidential business
information (CBI), is available for inspection from 8 a.m. to 5:30
p.m., Monday through Friday, excluding legal holidays. The official
rulemaking record is located at the address in ADDRESSES at the
beginning of this document.
Electronic comments can be sent directly to the EPA's Air and
Radiation Docket and Information Center at: ``A-and-R-
D[email protected].'' Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on disks in
WordPerfect in 5.1 file format or ASCII file format. All comments and
data in electronic form must be identified by the docket number (A-96-
46). No CBI should be submitted through electronic mail. Electronic
comments on this proposed rule may be filed online at many Federal
Depository Libraries. This proposal is available on the technology
transfer network (TTN) on the EPA's electronic bulletin boards. The TTN
provides information and technology exchange in various areas of air
emissions control. The service is free and may be accessed via the TTN
web site at http://www.epa.gov/ttn/oarpg.
The following outline is provided to aid in reading the preamble to
today's proposal.
I. Background
A. Requirements of Section 112 of the Clean Air Act
B. Source Category Description
C. Overview of HAP Emissions from POTW
D. Stakeholder and Public Participation
II. Description of HAP Sources and Controls
A. Summary of Available Information
B. Hazardous Air Pollutant Types
C. Hazardous Air Pollutant Sources
D. Estimated Hazardous Air Pollutant Emissions
E. Hazardous Air Pollutant Control Options
III. Proposed Approach for Source Category Subcategorization
IV. Determination of MACT
A. MACT for Existing Sources in the Non-Industrial POTW
Treatment Plants Subcategory
B. MACT for New Sources in the Non-Industrial POTW Treatment
Plants Subcategory
C. MACT for Existing Sources in the Industrial POTW Treatment
Plants Subcategory
D. MACT for New Sources in the Industrial POTW Treatment Plants
Subcategory
V. Solicitation of Comments
A. Pretreatment
B. Wastewater Collection Systems
VI. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Regulatory Flexibility Act
E. Unfunded Mandates
F. Executive Order 13045
G. National Technology Transfer and Advancement Act
H. Executive Order 12875: Enhancing the Intergovernmental
Partnership
I. Executive Order 13084: Consultation and coordination with
Indian Tribal Governments
I. Background
A. Requirements of Section 112 of the Clean Air Act
Section 112 of the Act addresses stationary sources of HAP. Section
112(b) of the Act, as amended, lists 188 chemicals, compounds, or
groups of chemicals as HAP. The EPA is directed by section 112 to
regulate the emissions of HAP from stationary sources by establishing
national emission standards.
The statute requires the EPA to establish standards to reflect the
maximum degree of reduction in HAP emissions through application of
MACT to major sources. Section 112(a)(1) of the Act defines a major
source as:
* * * any stationary source or group of stationary sources
located within a contiguous area and under common control that emits
or has the potential-to-emit, considering controls, in the aggregate
10 tons per year (tpy) or more of any HAP or 25 tpy or more of any
combination of HAP.
Section 112(d)(3) prescribes a minimum level of control for major
sources of HAP, referred to as the MACT floor.
Section 112(e)(5) of the Act required the EPA to promulgate a MACT
standard for publicly owned treatment works by November 15, 1995. The
EPA was unable to gather and evaluate the necessary information to meet
that deadline. Another deadline for promulgation of the POTW MACT
standard of November 15, 1997, was established separately by the EPA
when it included the POTW standard in the seven-year group in the
schedule for MACT standards established pursuant to sections 112 (e)(1)
and (e)(3). Under section 112(j)(2) (the ``MACT hammer''), if the EPA
fails to promulgate a POTW MACT standard by November 15, 1997, major
sources in the POTW category would be required to submit within 18
months thereafter (by May 15, 1999) an application for a permit which
would impose MACT requirements on a case-by-case basis. Although the
EPA was unable to meet the deadline for a POTW standard established by
section 112(e)(5), the EPA intends to promulgate a final MACT standard
applicable to this source category before any obligation for facilities
to file an application under section 112(j)(2) can arise.
B. Source Category Description
The EPA's initial list of categories of major sources of HAP
emissions, established under section 112(c)(1) of the Act, included
POTW. This list was published on July 16, 1992 (57 FR 31576).
Section 112(e)(5) of the Act defines POTW by referring to the
definition of treatment works in title II of the Federal Water
Pollution Control Act, commonly referred to as the Clean Water Act. As
set forth in section 212(2), 33 U.S.C. 1292(2), treatment works include
the wastewater treatment units themselves, as well as intercepting
sewers, outfall sewers, sewage collection systems,
[[Page 66086]]
pumping, power, and other equipment. Thus, any of these types of
facilities which are publicly owned may be a POTW. The wastewater
collected, transmitted, and treated by such POTW may be generated by
industrial, commercial, and/or domestic sources.
C. Overview of HAP Emissions from POTW
Some POTW are estimated by the EPA to be major sources of HAP
emissions. The primary HAP constituents currently associated with POTW
sources include xylenes, methylene chloride, toluene, ethyl benzene,
chloroform, tetrachloroethylene, benzene, and naphthalene. There are
potential adverse health impacts associated with exposure to these HAP.
For example, exposure to methylene chloride adversely affects the
central nervous system and results in increased liver and lung cancer
in animals, and benzene is a known human carcinogen.
The HAP emitted by POTW originate in wastewater streams discharged
by industrial, commercial, and other facilities to the POTW for
treatment. Hazardous air pollutants present in wastewater entering POTW
treatment plants can biodegrade, adhere to sewage sludge, volatilize to
the air, or pass through (remain in the discharge) to receiving waters.
Within the POTW category, wastewater treatment units are the most
likely source for HAP emissions, but wastewater collection systems
(including transport systems) may also have emissions.
The EPA has assessed available information regarding HAP emissions
from POTW and currently-used add-on controls. The information supports
nationwide requirements for treatment and controls at a subcategory of
POTW treatment plants. This subcategory includes POTW treatment plants
that treat specific industrial waste streams for the purpose of
allowing an industrial user to comply with another NESHAP. The
information also supports nationwide requirements for add-on controls
at new or reconstructed POTW treatment plants. For detailed information
on these requirements see section IV. (Determination of MACT) of
today's proposal.
Today's proposal addresses only the wastewater treatment portion of
publicly owned treatment works. At this time, insufficient information
is available for the EPA to determine whether publicly owned wastewater
collection systems are themselves major sources of HAP and whether HAP
emissions from such systems can be effectively controlled. The EPA is
asking the public for additional information on emissions and controls
for wastewater collection systems, as well as the use of pretreatment
to reduce emissions (see section V.A., Pretreatment, of today's
proposal). The EPA is also asking if today's proposal makes clear the
difference between POTW treatment plants and publicly owned treatment
works. All information collected as a result of this solicitation will
be included in the docket.
D. Stakeholder and Public Participation
As prescribed in section 112(n)(3) of the Act:
The Administrator may conduct, in cooperation with the owners
and operators of publicly owned treatment works, studies to
characterize emissions of hazardous air pollutants emitted by such
facilities, to identify industrial, commercial and residential
discharges that contribute to such emissions and to demonstrate
control measures for such emissions. When promulgating any standard
under this section applicable to publicly owned treatment works, the
Administrator may provide for control measures that include
pretreatment of discharges causing emissions of hazardous air
pollutants and process or product substitutions or limitations that
may be effective in reducing such emissions.
During the development of the proposed standards, representatives
of POTW and sanitation districts were extensively consulted. The EPA
has been working with a trade association known as the Association of
Metropolitan Sewerage Agencies (AMSA) for approximately six years.
During that time, the AMSA members assisted the EPA in identifying,
gathering, and assessing available information regarding HAP emissions
from POTW, arranging site visits, and providing technical review. In
addition, State and local agencies assisted in data gathering and
technical review. A database comprising information supplied by the
AMSA was used in the evaluation of HAP emissions and emissions control
for POTW. Estimates of organic HAP emissions from model sources were
developed by the EPA based on information supplied by the AMSA,
including most of the modeling inputs used for the EPA WATER8 emissions
estimation model (see section II.D., Estimated Hazardous Air Pollutant
Emissions, of today's proposal).
The AMSA is an organization that comprises 150 member agencies
representing approximately 450 POTW sources that each treat 37.9
thousand cubic meters per day (cmpd) (10 million gallons per day (MGD))
or more. Of the 193 largest cities in the nation, 110 (approximately 60
percent) are represented. The POTW sources associated with these 110
cities treat approximately 49.2 million cmpd (13,000 MGD), and serve
approximately 100 million people (out of the 175 million people in the
nation that have sewer service).
II. Description of HAP Sources and Controls
A. Summary of Available Information
There are approximately 15,600 publicly owned treatment works
nationwide that receive and treat approximately 113.6 million cmpd
(30,000 MGD) of domestic, commercial, and industrial wastewater. These
POTW range in size from less than 0.4 thousand cmpd to greater than 1.9
million cmpd (less than 0.1 to greater than 500 MGD). However, the
majority of these facilities (approximately 80%) treat less than 3.8
thousand cmpd (less than one MGD).
The EPA has reviewed the general literature, conducted site visits,
and conducted studies resulting in the development of model wastewater
treatment facilities and model waste streams for this source category.
In addition, the EPA has interacted with State and local agencies. The
most comprehensive information obtained to date has been supplied by
the AMSA, as a result of surveys of their members.
The AMSA conducted two separate surveys of their members within the
last four years. During 1992-1993, the AMSA surveyed approximately 200
member agencies with well over 300 POTW under their jurisdiction. This
survey requested facilities to provide data on liquid phase compounds
that could possibly volatilize in the treatment process. In 1994, the
AMSA conducted a national survey of over 100 member agencies
representing many of the largest POTW in the nation. This survey
requested influent monitoring data, with corresponding flow rate
through the facilities for the sampling day(s). This data was collected
for calendar years 1993 and 1994 for 108 compounds identified by the
EPA as potentially being present in wastewater. The information
provided to the EPA as a result of these two surveys has been reviewed
and analyzed, and is the primary basis for the Agency's conclusions
thus far regarding HAP emissions from POTW treatment plants and
emission controls.
B. Hazardous Air Pollutant Types
The primary HAP associated with POTW sources include xylenes,
methylene chloride, toluene, ethyl benzene, chloroform,
tetrachloroethylene, benzene, and naphthalene. These primary HAP have
[[Page 66087]]
the highest concentrations in the influent waste stream, according to
data provided to the EPA by the AMSA. In addition, emissions estimation
modeling indicates that these primary HAP would be emitted from
wastewater treatment units when the compounds are present in the
influent at significant concentrations and when treatment units are
uncontrolled for air emissions. Most of these primary HAP are
discharged to the collection system by industrial sources.
C. Hazardous Air Pollutant Sources
Hazardous air pollutants present in wastewater entering POTW
treatment plants can biodegrade, adhere to sewage sludge, volatilize to
the air, or remain in the discharge to receiving waters. Wastewater
treatment processes have traditionally been designed to remove solids
and degrade organic matter to meet effluent guidelines, and the fate of
HAP in wastewater has not been a design consideration. Chemical
properties of each individual HAP, along with the design of POTW
treatment plants, determine whether the HAP volatilizes to the
atmosphere, or is eliminated through another means. Hazardous air
pollutants may be shifted from one medium to another (to the air
through volatilization or to sludge through adsorption), or destroyed
through biodegradation. In addition, volatilization of HAP may occur in
the wastewater collection system prior to reaching the POTW treatment
plant.
Typical wastewater treatment is a combination of physical,
chemical, and biological processes designed to remove suspended solids
and organic matter from solution. Publicly owned treatment works
include wastewater collection systems, treatment units, and outfall or
disposal units. Although wastewater treatment at most POTW use similar
processes, such as settling processes and biological treatment, no two
facilities are identical. Each facility differs in design and operation
due to varying conditions such as flow, composition of the influent
wastewater, and the environmental conditions and treatment requirements
of the system. Treatment processes may also differ among facilities.
Different levels of treatment that a POTW treatment plant may
employ include primary, secondary, and advanced treatment. In general,
primary treatment refers to physical operations to remove floating and
settleable solids. Secondary treatment refers to the use of biological
processes, in addition to primary processes, to remove organic matter.
Advanced treatment refers to the use of additional combinations of unit
operations and processes to remove specific constituents such as
nitrogen or phosphorous not removed by prior processes.
A typical POTW consists of a collection system, a series of
processes that remove solids, organics, and other pollutants from the
wastewater, and a series of processes for managing and treating sludge.
In general, most HAP releases at these facilities occur from kinetic
stripping caused by turbulent wastewater flow, aeration stripping
caused by the addition of air to wastewater, or evaporation. Emissions
occur at the first treatment units with both turbulent flow and
exposure to the atmosphere. Some POTW have wastewater collection
systems that meet these criteria. For other POTW, emissions may not
occur until the first open treatment units (i.e., headworks, primary
clarifiers, and biotreatment units).
As the waste stream passes through each stage of treatment, the
mass of organics is reduced, and thus the potential for emissions of
organics is also reduced. Therefore, the potential HAP emissions from
advanced treatment, chlorination and dechlorination, sludge digesters,
and sludge dewatering are expected to be comparably small. Although the
HAP chlorine is used to disinfect treated wastewater prior to
discharge, facilities control chlorine feed by monitoring chlorine
demand. As a result, minimal free chlorine is available to be emitted.
Thus chlorine emissions are expected to be extremely low.
In addition to the wastewater treatment processes at a POTW, other
sources of HAP emissions, such as sewage sludge incinerators, may be
co-located at the same site. Sewage sludge incineration will be
regulated under section 129 of the Act, and will be included in the
source category Other Solid Waste Incinerators, that is scheduled for
promulgation in the year 2000. Combustion sources at POTW will also be
regulated, under section 112, as part of the Industrial Combustion
Coordinated Rulemaking. Although these other sources may be regulated
separately from POTW, HAP emissions from any source co-located at the
same site must be included when determining if the POTW is a major
source.
D. Estimated Hazardous Air Pollutant Emissions
Of the approximately 15,600 publicly owned wastewater treatment
facilities nationwide, only six facilities have been identified thus
far as potential major sources of HAP emissions (see section III.,
Proposed Approach for this Source Category, of today's proposal, for a
description of the determination of major sources). Through the use of
emission modeling, these six POTW treatment plants are estimated to
emit a total of 245 megagrams per year (Mg/yr) of HAP. The average
estimated emissions of HAP from each of these POTW treatment plants is
41 Mg/yr.
The EPA acknowledges that there are uncertainties inherent in any
estimate of HAP emissions for sources as diverse as those in the POTW
source category. However, the EPA believes that the engineering
judgments and methodologies used in developing the HAP emissions
estimates for this source category are reasonable given the available
information. Documentation of the EPA's analysis is available for
public inspection in the docket supporting this rulemaking (see
ADDRESSES for further information on the docket). The EPA used the
emissions estimation model WATER8 to estimate emissions from POTW, and
believes it provides an accurate representation of emissions. However,
the EPA requests comment on the use of the WATER8 model for
determination of emissions from wastewater treatment processes.
E. Hazardous Air Pollutant Control Options
Two different control options, add-on controls (i.e., covers or
covers vented to a control device) and pretreatment (i.e., source
control), may be utilized by POTW treatment plants. Existing add-on
controls are typically used at POTW treatment plants to control odors
and are not designed and operated to provide HAP emission reduction.
Pretreatment is typically required of industrial users of POTW
treatment plants to limit discharge of pollutants that might inhibit
treatment operations at the facility or cause exceedences of the
outfall discharge requirements by allowing certain compounds to pass
through the treatment process in the water phase. Typically, existing
add-on controls and pretreatment programs are not designed to prevent
emission of HAP, although some incidental reduction may be achieved.
Add-on controls and pretreatment programs are discussed further in the
following paragraphs.
Add-on controls. Some POTW treatment plants have covers on their
existing treatment units. These covers are typically either: (1) Vented
using a high ventilation rate (e.g., 12 or more air changes per hour);
(2) vented using a low ventilation rate; or (3) not vented. When the
high ventilation rates are used, the effectiveness of the covers at
suppressing emissions is greatly
[[Page 66088]]
diminished, if not negated, by the increased air flow across the
surface of the wastewater in the process. When the low ventilation
rates are used, or the treatment unit is not vented, emissions from the
treatment unit covered may be suppressed. Some equipment described by
personnel at the POTW as ``covers'' are actually walkway grates placed
over open channels designed to prevent personnel from falling into the
treatment unit, and provide no air emission control.
Typically, not all processes at a POTW treatment plant are covered.
For example, some facilities cover only the screening unit. While the
cover provides suppression of emissions from the treatment unit
covered, it is likely that the suppressed emissions are released from
the uncovered physical processes downstream. Therefore, even though
suppression of the emissions in the covered treatment unit reduces
emissions from that treatment unit, the suppressed emissions likely
occur from the next physical process in the wastewater treatment. Thus,
the covered treatment unit results in only a very small, if any,
overall emission reduction from the POTW treatment plant. Using the
WATER8 emissions estimation model, the EPA has estimated emissions from
the six identified major POTW treatment plants. The results of this
modeling indicate that overall emission reduction due to these covers
is minimal (less than one percent).
The covers used at existing POTW treatment plants are sometimes
vented to odor control devices. Odor control devices currently in use
include caustic scrubbers and granulated activated carbon (GAC)
adsorption units. Caustic scrubbers are used to remove sulfur compounds
by venting process emissions through a caustic water solution. Recent
studies indicate that these odor control devices have little, if any,
effect on removing the HAP of concern for POTW treatment plants. In
addition, the AMSA has indicated, and the EPA concurs, that caustic
scrubbers are ineffective at HAP emission reduction.
Properly designed, operated, and maintained GAC adsorption units
have been demonstrated to achieve at least a 95% reduction in HAP and
volatile organic compound (VOC) emissions in some applications.
According to the AMSA, however, GAC installed at POTW treatment plants
(with one identified exception) are designed and operated for the
purpose of odor control. Such GAC adsorption units have much less
frequent replacement or regeneration of the carbon than GAC adsorption
units designed for HAP control and, as a result, provide no effective
overall HAP emission reduction. Therefore, the EPA has concluded that
GAC adsorption units in place and operated for the purpose of odor
control at POTW treatment plants are ineffective at reducing HAP
emissions.
The one exception identified is a POTW treatment plant where GAC
adsorption units have been installed at the facility and are operated
and maintained, at the expense of a petroleum refinery, to reduce risk
from benzene emissions associated with refinery wastewater. This
exception is discussed in section III (Source Category
Subcategorization) of today's proposal.
Pretreatment. The pretreatment program is authorized by the Clean
Water Act. Regulations at 40 CFR 403.8(a) require all POTW that have a
total design flow greater than five MGD and receiving pollutants from
industrial users which pass through or interfere with the operation of
the POTW or are otherwise subject to pretreatment standards to
establish pretreatment programs. POTW agencies establish programs of
pretreatment requirements for the industrial users discharging to their
POTW. The programs must include the legal authority to allow the
agencies to control the concentration of pollutants entering the POTW
treatment plants. Such pollutants, if not limited in the POTW influent,
may cause treatment process inhibition (e.g., adversely affecting the
biotreatment organisms or present a safety/health concern to facility
workers). They may also cause the facility to exceed its outfall
discharge requirements by allowing certain compounds to ``pass-
through'' the treatment process and be discharged in the outfall waters
at concentrations greater than permitted allowances. Finally, these
pollutants can reduce sludge quality and limit sludge disposal options.
The AMSA and representatives of State and local agencies, in
meetings with the EPA, have recommended pretreatment as the preferred
method for reducing HAP emissions from POTW treatment plants.
Pretreatment would reduce HAP emissions from POTW treatment plants by
reducing the concentration of HAP entering the facilities. Pretreatment
would also reduce HAP emissions from the wastewater collection systems
between the source and the POTW treatment plants. Studies of HAP
emissions from wastewater collection systems indicate that such losses
could be significant.
The EPA's review of available information regarding pretreatment
has revealed little substantive data on its effectiveness at reducing
HAP emissions. However, the EPA believes that pretreatment for HAP may
be a viable means to further reduce HAP emissions from POTW. Examples
of pretreatment for HAP include reduction of HAP at the source (e.g.,
industrial process modifications; substitution of HAP compound with a
non-HAP compound) or physical/chemical treatment of the waste stream
prior to discharge from the industrial/ commercial facility (e.g.,
steam stripping). For certain POTW, pretreatment could reduce HAP
emissions from both the collection system and the POTW treatment plant.
However, information available to the EPA on the use of pretreatment to
control HAP emissions from POTW is insufficient to propose any
regulatory action at this time. The EPA intends to investigate the
potential for HAP emission reduction as a result of pretreatment, based
on information received as a result of today's proposal (see section
V., Solicitation of Comments, of today's proposal).
III. Proposed Approach for Source Category Subcategorization
As prescribed in section 112(d) of the Act, the level of control
for existing major sources shall be no less stringent than:
* * * the average emission limitation achieved by the best
performing 12 percent of the existing sources . . . for categories
and subcategories with 30 or more sources, or . . . the average
emissions limitation achieved by the best performing five sources .
. . for categories or subcategories with fewer than 30 sources.
This minimum level of control is referred to as the ``MACT floor.'' The
MACT floor level for new major sources:
* * * shall not be less stringent than the emission control that
is achieved in practice by the best controlled similar source.
After determining any applicable MACT floor for each category or
subcategory, the EPA then adopts a MACT standard for that category or
subcategory which reflects the maximum degree of reduction in emissions
of HAP which is achievable, taking into consideration the cost of
achieving such emission reduction and any non-air quality health and
environmental impacts and energy requirements.
The MACT floors and MACT standards for a source category are based
on available information. As prescribed in section 112(n)(3) of the Act
(see section I.D., Stakeholder and Public Participation, of today's
proposal), the EPA utilized information provided by the AMSA to assist
in
[[Page 66089]]
determining MACT for this source category. As discussed in section
II.A. (Summary of Available Information) of today's proposal, the AMSA
provided the EPA with data received from some of its members. The AMSA
identified a group of 19 POTW treatment plants from which they believed
potential major sources could be identified. These 19 facilities were
identified by the AMSA because they had influent HAP loadings of more
than 10 tpy for a single constituent or more than 25 tpy for a
combination of constituents, or because the AMSA believed they had the
ability to be potential major sources based on knowledge and
professional judgment. Based on a modeling of these 19 POTW treatment
plants, only six are potential major sources. The EPA based its
determination of the MACT floor for this source category on these six
sources.
Of the six potential major sources identified, one POTW treatment
plant is substantially different from the others. Until recently, the
EPA believed that this source was used by a petroleum refinery to treat
benzene-containing wastes to meet their obligations under the National
Emission Standard for Benzene Waste Operations (40 CFR Part 61, Subpart
FF). Based on new information from the POTW, the EPA recently learned
that the POTW controls benzene emissions in response to the California
Air Toxics Information and Assessment Act of 1987 (AB2588) (see section
IV., Determination of MACT, of today's proposal), rather than in
response to the Benzene Waste Operations NESHAP.
Although the EPA is not at this time aware of any instance where an
industrial user uses a POTW treatment plant to comply with emission
reductions required by any other NESHAP, the EPA believes that such
dischargers may exist now or in the future. Over the years, many
industries have used POTW treatment plants designed to treat industrial
wastewater along with the municipal wastewater. As NESHAP that require
the control of HAP emissions from wastewater are promulgated,
industrial users may elect, where it is permissible under the NESHAP,
to comply with these standards through off-site treatment of their
wastewater at POTW rather than by adding emission controls to on-site
industrial wastewater treatment plants. When an industrial user elects
to utilize controls installed and operated at POTW to comply with
another NESHAP (e.g., carbon adsorbers operated in a manner that
controls HAP emissions, closed conveyance of wastewater between
processes, operation of leak detection and repair programs), these
controls will likely be considerably more stringent than those which
would otherwise be typical at POTW treatment plants not treating
regulated industrial waste streams. In such instances, the POTW would
operate the controls as the agent of the industrial user, who would in
turn be responsible for compliance with the other NESHAP. By
establishing a subcategory for POTW treatment plants that treat
regulated industrial waste streams, the EPA will also be able to
directly enforce compliance by POTW with the wastewater provisions of
any corresponding industrial NESHAP when off-site wastewater treatment
is used.
Currently, many chemical plants are deciding how to comply with the
wastewater provisions of the Hazardous Organic NESHAP (40 CFR Part 63,
Subpart G), and some may elect to add air pollution controls to a POTW
treatment plant providing off-site treatment. As more NESHAP are
promulgated, more of these industrial POTW treatment plants are likely
to be identified.
Therefore, the EPA intends to establish the following two
subcategories for the POTW source category: (1) The industrial POTW
treatment plants subcategory, that would include POTW treatment plants
where treatment of a specific industrial waste stream discharged to the
facility is expressly required to comply with the requirements of
another NESHAP, and (2) the non-industrial POTW treatment plants
subcategory, that would include all remaining POTW treatment plants
that do not meet the characteristics of an industrial POTW treatment
plant.
The industrial POTW treatment plants subcategory would include only
those POTW treatment plants that are treating a specific regulated
industrial waste stream to allow an industrial user to comply with
another NESHAP. Such facilities would be determined on an individual
basis. The industrial POTW treatment plants subcategory would not
include POTW treatment plants that accept industrial waste for
treatment from an industrial user whose waste is not specifically
regulated under another NESHAP. Examples of POTW that would not be in
the industrial POTW treatment plants subcategory, as proposed, would
include POTW treatment plants that accept waste from local
manufacturing facilities whose waste is typically characterized as a
permitted industrial discharge by the POTW's source control program.
IV. Determination of MACT
As prescribed in section 112(d) of the Act, the MACT floor for
existing sources in each subcategory within the POTW source category is
determined by the average emissions limitation achieved by the best
performing five sources, because fewer than 30 major sources have been
identified within each subcategory. For the non-industrial POTW
treatment plants subcategory, only six potential major sources have
been identified. The MACT floor was determined for existing sources
from the average emission reduction attributed to the controls among
the five best performing sources of the six potential major sources.
During the development of this proposed rule, no major source has
been identified which would be included in the proposed industrial POTW
treatment plants subcategory. Therefore, in determining MACT for
existing sources in this subcategory, the EPA has not identified any
corresponding MACT floor. The MACT standard for existing sources in the
industrial POTW treatment plants subcategory will be equivalent to the
control requirements specified by the applicable NESHAP for the
specific regulated industrial waste streams discharged to the facility.
As prescribed in section 112(d)(3) of the Act, the maximum degree
of reduction in emissions that is deemed achievable for new sources in
a category or subcategory shall not be less stringent than the emission
control that is achieved in practice by the best controlled similar
source, as determined by the Administrator. For the non-industrial POTW
treatment plants subcategory, the best performing source has been
identified based on a review of emission controls in place at the six
identified potential major sources. In addition, the EPA may consider
technology that has been demonstrated at one or more similar facilities
in identifying the best controls for new sources.
The EPA has identified one POTW treatment plant that has covered
all wastewater treatment units up to, but not including, the secondary
influent pumping station. In addition, the air in the headspace of the
bar screens, grinders, grit chambers, and aerated distribution channels
is ducted to control devices which use activated carbon to remove
hazardous air pollutants. Therefore, the MACT floor for new sources in
the non-industrial POTW treatment plants subcategory was determined
based on the controls at the one identified best performing source.
[[Page 66090]]
For the industrial POTW treatment plants subcategory, the MACT
floor for new sources was determined based on the emission controls at
the best performing source in the non-industrial POTW treatment plants
subcategory. MACT for new sources in this category was determined to be
the MACT floor as defined for non-industrial POTW treatment plants, or
the emission controls which would be imposed by the appropriate
industrial NESHAP, whichever is more stringent.
The Agency has discretion to use its best engineering judgment in
collecting and analyzing the data, and in assessing the data's
comprehensiveness, accuracy, and variability, to determine which
sources achieve the best average emission reductions. The term
``average,'' as it pertains to MACT floor determinations, is not
defined in section 112 of the Act. Therefore, the Agency has discretion
in determining the appropriate ``average'' (i.e., mean, mode, median,
or some other measure of central tendency) in each category or
subcategory of HAP sources (59 FR 29196).
A description of the MACT floor and MACT determinations for the
treatment portion of existing and new sources in the POTW subcategories
is presented in the following subsections. The EPA believes that, in
addition to the add-on controls considered in determining the MACT
floor, there are opportunities for controlling HAP emissions from POTW
through pretreatment. However, as described in section II.E. (Hazardous
Air Pollutant Control Options) of today's notice, information available
to the EPA thus far on pretreatment programs at individual POTW is
insufficient to propose any action regarding the use of pretreatment
for the purpose of HAP emission reduction from POTW.
A. MACT for Existing Sources in the Non-Industrial POTW Treatment
Plants Subcategory
Based on information available to the EPA on HAP emissions from
wastewater to date, the EPA believes there are fewer than 30 potential
major sources in the non-industrial POTW treatment plants subcategory.
Therefore, the MACT floor for this subcategory would be based on the
average emissions limitation achieved by the best performing five
sources of the identified potential major sources.
Six potential major sources have been identified in the non-
industrial POTW treatment plants subcategory (see section III.,
Proposed Approach for this Source Category, of today's proposal). The
information provided by the AMSA on the six potential major sources was
reviewed to determine the extent of controls currently in operation for
each stage of wastewater treatment at the POTW treatment plant (i.e.,
headworks, primary clarification, high purity oxygen activated sludge,
and conventional activated sludge).
Of the five potential major sources considered to be the best
controlled, one POTW treatment plant reduces HAP emissions with covers
on all treatment units up to and including the aerated distribution
channels following the primary clarifiers. In addition, all covered
treatment units, except the primary clarifiers, have headspace ducted
to a two-stage control device. The control device combines a first-
stage caustic scrubber to remove odors, with second-stage activated
carbon adsorption which removes hazardous air pollutants. Plant
operators replace carbon monthly based on routine monitoring for
benzene breakthrough. Two other POTW treatment plants have various
configurations including treatment units in highly ventilated
buildings, treatment units covered with open grates, and open treatment
units, none of which provide any HAP emission reduction. Neither of
these two sources have treatment units with air emission controls.
Finally, the two remaining sources have no covers on their wastewater
treatment units up to and including the aerated distribution channels
following the primary clarifiers.
All of the five best-controlled potential major sources utilize
conventional activated sludge processes, which are either diffused air
or mechanically mixed activated sludge. None of these processes are
controlled for air emissions. Two of the five best-controlled potential
major sources also utilize high purity oxygen activated sludge. Neither
of these processes have air pollution control devices.
Computation of an arithmetic average of the performance among the
one POTW treatment plant with HAP emission controls and the four POTW
treatment plants without controls would be meaningless because there is
no continuum of performance among the sources. The EPA has discretion
in determining the appropriate ``average'' in each category or
subcategory. Computation of an arithmetic average, or mean, is not
appropriate in this case because the average emission reduction
calculated from one well-controlled facility and four uncontrolled
facilities does not correspond to any treatment technology. Therefore,
a measure of central tendency other than the mean must be used to
determine the MACT floor. On the basis of either the median or the
mode, the MACT floor would be no control. Therefore, based on this
rationale, the MACT floor for existing sources in the non-industrial
POTW treatment plants subcategory is no additional control for HAP
emissions.
In addition to the MACT floor analysis, the EPA has evaluated the
available options for HAP control at existing sources in the non-
industrial POTW treatment plants subcategory. Although pretreatment by
dischargers may be a viable option for controlling HAP emissions, the
EPA has not identified any additional emission controls which could be
installed at the POTW treatment plants themselves which would achieve
meaningful HAP reductions at a reasonable cost. Therefore, the EPA is
not proposing any MACT requirements for existing sources in this
subcategory.
B. MACT for New Sources in the Non-Industrial POTW Treatment Plants
Subcategory
Of the five best-controlled potential major sources considered in
the MACT floor determination for the non-industrial POTW treatment
plants subcategory, one source clearly has the best controls in place.
This POTW installed controls to reduce benzene emissions and to lower
risk as part of a good neighbor policy in response to the California
Air Toxics Information and Assessment Act of 1987 (AB2588). This source
has covers on all wastewater treatment units up to, but not including,
the secondary influent pumping station. In addition, this source uses a
closed-vent system to duct the headspace of all covered treatment
units, except primary clarifiers, to granular activated carbon control
devices which are effective at reducing HAP emissions. This source sets
the MACT floor and is the basis for the MACT standard for new or
reconstructed sources in the non-industrial POTW treatment plants
subcategory.
C. MACT for Existing Sources in the Industrial POTW Treatment Plants
Subcategory
Because the EPA has not at this time identified any sources in this
proposed subcategory, determination of a MACT floor for this
subcategory is not feasible. Any existing source in this subcategory
will be a POTW treatment plant which installs and operates specific HAP
controls because it receives from an industrial user a waste stream
which requires controls pursuant to another NESHAP. The industrial
facility discharging the waste stream to the POTW is responsible for
compliance with the emission control requirements
[[Page 66091]]
of the industrial NESHAP, and the POTW may be considered its agent for
purposes of such compliance. A POTW receiving regulated waste streams
from multiple sources would need to install and operate controls which
meet all requirements of the NESHAP applicable to the sources. In the
case of conflicting NESHAP requirements, the more stringent of the
requirements will apply. This proposed standard would establish an
equivalent MACT control requirement directly applicable to affected
sources in the industrial POTW treatment plants subcategory.
D. MACT for New Sources in the Industrial POTW Treatment Plants
Subcategory
New sources within the industrial POTW treatment plants subcategory
would be new or reconstructed POTW treatment plants receiving from an
industrial user a waste stream subject to another NESHAP where the
discharger has elected to comply with the NESHAP by utilizing off-site
treatment. As in the case of existing sources in this subcategory, the
EPA is proposing to establish a parallel control requirement directly
applicable to new and reconstructed sources in the industrial POTW
treatment plants subcategory.
As noted earlier, the control requirements for new and
reconstructed sources cannot be less stringent than the emission
control that is achieved in practice by the best controlled similar
source. There is no logical reason why new or reconstructed sources in
the industrial subcategory cannot achieve emission reductions at least
as great as those for other new or reconstructed POTW treatment plants.
Accordingly, the MACT floor for new or reconstructed industrial POTW
treatment plants is based on the same source as was utilized for new or
reconstructed sources in the non-industrial category. In order to
assure that control requirements are at least equivalent to those
established by the applicable industrial NESHAP, the MACT standard
proposed for new or reconstructed sources in the industrial POTW
treatment plants subcategory is the HAP controls required by the
specific NESHAP applicable to the industrial user, or the control
requirement(s) for new sources in the non-industrial POTW treatment
plants subcategory (see section IV.B., MACT for New Sources in the Non-
Industrial POTW Treatment Plants Subcategory, of today's proposal),
whichever is more stringent.
V. Solicitation of Comments
Comments are specifically requested on two aspects of today's
proposal, pretreatment and wastewater collection systems, as described
in the following paragraphs. The Agency has determined that it needs
more information on these two aspects to assist in defining the
importance of their effect on HAP emissions from POTW. Information
received as a result of this solicitation will be reviewed, analyzed,
and summarized by the EPA. If the EPA receives information indicating
that its original conclusions regarding HAP emissions and controls are
substantially incorrect, the EPA will review its current proposal in
light of such information. In addition to information received as a
result of this solicitation, the EPA intends to provide information
that has been reviewed and analyzed during the proposal development
process thus far (e.g., emissions estimation models, emissions control
techniques) as guidance on the reduction of HAP emissions from POTW.
A. Pretreatment
The pretreatment program is authorized by the Clean Water Act.
Regulations at 40 CFR 403.8(a) require all POTW that have a total
design flow greater than five MGD and that receive pollutants from
industrial users which pass through or interfere with the operation of
the POTW or are otherwise subject to pretreatment standards to
establish pretreatment programs. Industry representatives and State and
local agency representatives have indicated that pretreatment is the
preferred means of HAP emissions control for POTW. The use of
pretreatment processes to control HAP emissions from POTW would control
HAP emissions from wastewater collection systems, in addition to HAP
emissions from POTW treatment plants. Further, additional information
on pretreatment practices by industry may also give some insight
concerning future HAP emissions from POTW.
The EPA is soliciting quantitative data on the effectiveness of
pretreatment program implementation in reducing overall HAP loading to
POTW (including wastewater collection systems); the effectiveness of
pretreatment in reducing emissions of HAP from POTW (including
wastewater collection systems); the cost of implementing and operating
an effective pretreatment program; observed trends in industrial HAP
discharges via wastewater; and any other information relevant in the
assessment of POTW HAP emissions as they are affected by pretreatment
programs.
B. Wastewater Collection Systems
Wastewater collection systems have been identified as significant
sources of HAP emissions from certain POTW. However, little information
is currently available to the EPA regarding these systems.
The EPA is soliciting quantitative data on the design and operation
of wastewater collection systems, and scientifically supported data on
the measurement or estimation of emissions from wastewater collection
systems; information on industry trends to reduce or eliminate HAP
emissions; and any other information relevant to the assessment of POTW
collection system HAP emissions.
VI. Administrative Requirements
A. Docket
The docket number for this action is A-96-46. The principal
purposes of the docket are: (1) To allow interested parties a means to
identify and locate documents so that they can effectively participate
in the rulemaking process; and (2) to serve as the record in case of
judicial review (except for interagency review materials) [section
307(d)(7)(A) of the Act]. This docket contains copies of the supporting
information considered by the EPA in the development of this proposal.
The docket is available for public inspection at the EPA's Air and
Radiation Docket and Information Center, the location of which is given
in the ADDRESSES section of this proposal.
B. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1891.01) and a copy may be obtained from Sandy Farmer by mail
at OPPE Regulatory Information Division; U.S. Environmental Protection
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by email at
[email protected], or by calling (202) 260-2740. A copy may
also be downloaded off the internet at http://www.epa.gov/icr.
Generally, respondents are required to submit one-time reports of
(1) start of construction for new facilities and (2) anticipated and
actual start-up dates for new facilities. For sources constructed or
reconstructed after the effective date
[[Page 66092]]
of the relevant standard, the regulation requires that the source
submit an application for approval of construction or reconstruction.
The application is required to contain information on the air pollution
control that will be used for each potential HAP emission point.
For POTW facilities, the public reporting and recordkeeping burden
is estimated to average 41 hours per respondent per year. This estimate
includes time for preparing and submitting notices, preparing and
submitting demonstrations and applications, reporting releases,
gathering information, and preparing and submitting reports. No capital
costs are anticipated.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, OPPE Regulatory Information Division; U.S. Environmental
Protection Agency (2137); 401 M St., S.W.; Washington, DC 20460; and to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th St., N.W., Washington, DC 20503, marked
``Attention: Desk Officer for EPA.'' Include the ICR number in any
correspondence. Since OMB is required to make a decision concerning the
ICR between 30 and 60 days after December 1, 1998, a comment to OMB is
best assured of having its full effect if OMB receives it by December
31, 1998. The final rule will respond to any OMB or public comments on
the information collection requirements contained in this proposal.
C. Executive Order 12866
Under Executive Order 12866 [58 FR 5173 (October 4, 1993)], the EPA
must determine whether this regulatory action would be ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The criteria set
forth in section one of the Executive Order for determining whether a
regulation is a significant rule are as follows: (1) It is likely to
have an annual effect on the economy of $100 million or more, or
adversely and materially affect a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal government communities; (2) it is likely to create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; (3) it is likely to materially alter the
budgetary impact of entitlements, grants, user fees or loan programs,
or the rights and obligations of recipients thereof; or (4) it is
likely to raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The OMB has deemed this regulatory action significant and has
requested review of this proposed rulemaking package. Therefore, the
EPA submitted this action to OMB for review. Changes made in response
to OMB suggestions or recommendations are documented in the public
record.
D. Regulatory Flexibility Act
The EPA's findings in this section are the result of the statutory
requirements of the Regulatory Flexibility Act as amended by the Small
Business Regulatory Enforcement Fairness Act.
This proposed rule would impose no new requirements on existing
industrial or non-industrial POTW treatment plants or new industrial
POTW treatment plants. The EPA is uncertain whether any new non-
industrial POTW treatment plants would be of sufficient size to be
subject to this rule, but the number of affected sources would be very
small in any case. Therefore, the EPA finds that this proposed rule
would not have a significant impact on a substantial number of small
entities. As such, neither a formal Initial Regulatory Flexibility
Analysis nor a detailed small business analysis is necessary.
Therefore, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
E. Unfunded Mandates
Pursuant to sections 202, 203, and 205 of the Unfunded Mandates
Reform Act of 1995 (Unfunded Mandates Act), signed into law on March
22, 1995, the EPA has determined that the action proposed today would
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. Therefore, the requirements of
the Unfunded Mandates Act do not apply to this action.
F. Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that the EPA determines: (1) ``economically significant'' as
defined under Executive Order 12866; and (2) the environmental health
or safety risk addressed by the rule has a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonable feasible alternatives
considered by the Agency. This proposed rule is not subject to
Executive Order 13045 because it does not involve decisions on
environmental health risks or safety risks that may disproportionately
affect children.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (the NTTAA), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272
note), directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices, etc.) that are developed or
adopted by voluntary consensus standard bodies. The NTTAA requires the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This proposed rulemaking includes technical standards and
requirements for taking measurements. Consequently, the EPA searched
for applicable voluntary consensus standards by
[[Page 66093]]
searching the National Standards System Institute (NSSN) database. The
NSSN is an automated service provided by the American National
Standards Institute for identifying available national and
international standards.
The EPA searched for methods and tests required by this proposed
rule, all of which are methods or tests previously promulgated. The
proposed rule includes methods that measure: (1) vapor leak detection
(EPA Method 21); (2) volatile organic compound concentration in vented
gas stream (EPA Method 18); (3) volumetric flow rate of the vented gas
stream (EPA Methods 2, 2A, 2C, or 2D); and (4) sampling site location
(Method 1 or 1A). These EPA methods are found in Appendix A to parts
60, 63, and 136.
Except for EPA Methods 2 and 2C (Appendix A to part 60), no other
potentially equivalent methods for the methods and tests in the
proposal were found in the NSSN database search. The EPA identified one
Chinese (Taiwanese) National Standard (CNS) which may potentially be an
equivalent method to EPA Methods 2 and 2C. The CNS method is CNS K9019
for measuring velocity and flow rates in stack gases.
However, the EPA does not believe that CNS K9019 is a voluntary
consensus method. It is unlikely that CNS K9019 was considered by
industry groups or national standards setting organizations because it
was not developed in the U.S. and there is no available information
about it in the U.S.
To confirm EPA's belief, the EPA is asking for comment on whether
any U.S. industry has adopted CNS K9019 as a voluntary consensus
method. The EPA is also asking for comment on whether any potential
voluntary consensus methods exist that could be allowed in addition to
the methods in the proposal. Methods submitted for evaluation should be
accompanied with a basis for the recommendation, including method
validation data and the procedure used to validate the candidate method
(if a method other than Method 301, 40 CFR part 63, Appendix A was
used).
H. Executive Order 12875: Enhancing the Intergovernmental Partnership
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local, or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments, or EPA consults with those governments.
If the EPA complies by consulting, Executive Order 12875 requires EPA
to provide to the Office of Management and Budget a description of the
extent of the EPA's prior consultation with representatives of affected
State, local and tribal governments, the nature of their concerns,
copies of any written communications from the governments, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 12875 requires the EPA to develop an effective process
permitting elected officials and other representatives of State, local,
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
The EPA has concluded that this rule may create a mandate on local
governments and that the Federal government will not provide the funds
necessary to pay the direct costs incurred by local governments in
complying with the mandate. Today's rule does not create a mandate on
State or tribal governments, or impose any enforceable duties on these
entities. State, local, and tribal governments will have the
responsibility to carry out this rule by incorporating it into permits
and enforcing it, as delegated. They will collect permit fees that pay
for the costs of applying the rule.
In developing this rule, the EPA consulted with these governments
to enable them to provide meaningful and timely input in the
development of this rule. As discussed in section I.D., consultation
opportunities included presumptive MACT partnerships, stakeholder
meetings, and participation on the internal working group that prepared
the proposed standards. State and local regulatory agencies are
expected to be in favor of this proposal. Some representatives of local
governments have expressed concerns about the emission models and
testing used to determine area source status. The EPA will continue to
work with them to resolve their concerns.
Under this proposed rule, new air pollution control requirements
are imposed only on new non-industrial POTW treatment plants.
Representatives of local governments have told the EPA that a new non-
industrial major POTW treatment plant is not likely to be built within
the next five years. Should such a facility be built, it would likely
recover any costs of air pollution controls through increased user fees
applied to the industries responsible for the discharge of hazardous
air pollutants to the sewer system. Under any scenario, the EPA
believes that the health and environmental benefits of this proposed
rule outweigh any potential costs to local government entities.
I. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, the EPA may not issue a regulation
that is not required by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires EPA to provide to the Office of Management and Budget,
in a separately identified section of the preamble to the rule, a
description of the extent of the EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires the EPA to
develop an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Today's rule would impose no
new requirements on existing industrial or non-industrial POTW
treatment plants or new industrial POTW treatment plants. The EPA is
uncertain whether any new non-industrial POTW treatment plants would be
of sufficient size to be subject to this rule, but the number of
affected sources would be very small in any case and would not be
located in the communities of Indian tribal governments. Accordingly,
the requirements of section 3(b) of Executive Order 13084 do not apply.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Pretreatment, Publicly owned treatment works, Reporting and
recordkeeping requirements.
Dated: November 12, 1998.
Carol M. Browner,
Administrator.
Chapter I, part 63 of the Code of Federal Regulations is proposed
to be amended as follows:
[[Page 66094]]
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: Secs. 101, 112, 114, 116, and 301 of the Clean Air
Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104
Stat. 2399).
2. Part 63 is amended by adding subpart VVV to read as follows:
Subpart VVV--National Emission Standards for Hazardous Air Pollutants
From Publicly Owned Treatment Works
Applicability
Sec.
63.1580 Am I subject to this subpart?
63.1581 How will the EPA determine if I am in compliance with this
subpart?
63.1582 Does the regulation distinguish between different types of
POTW treatment plants?
Industrial POTW Treatment Plant Description and Requirements
63.1583 What are the characteristics of an industrial POTW
treatment plant?
63.1584 What are the emission points and control requirements for
an industrial POTW treatment plant?
63.1585 When do I have to comply?
63.1586 How does an industrial POTW treatment plant demonstrate
compliance?
Non-industrial POTW Treatment Plants Requirements
63.1587 What are the emission points and control requirements for a
non-industrial POTW treatment plant?
63.1588 When do I have to comply?
63.1589 What inspections must I conduct?
63.1590 What records must I keep?
63.1591 What reports must I submit?
General Requirements
63.1592 What are my notification requirements?
63.1593 Which General Provisions apply to my POTW treatment plant?
63.1594 Who enforces this subpart?
Additional Information
63.1595 How do I determine if my POTW treatment plant is a major
source of HAP emissions?
63.1596 Are there any other ways for me to control HAP emissions
from my POTW treatment plant?
63.1597 List of definitions.
Table 1 to subpart VVV--List of Hazardous Air Pollutants of Concern
for Subpart VVV
Table 2 to subpart VVV--Applicability of 40 CFR part 63 General
Provisions to Subpart VVV
Subpart VVV--National Emission Standards for Hazardous Air
Pollutants From Publicly Owned Treatment Works
Applicability
Sec. 63.1580 Am I subject to this subpart?
(a) You are subject to this subpart if:
(1) You own or operate a new or existing publicly owned treatment
works (POTW); and
(2) Your POTW treatment plant is a major source of HAP emissions.
Major source means that stationary sources at your POTW treatment plant
emit or have the potential to emit a single hazardous air pollutant
(HAP) of concern (see Table 1. List of Hazardous Air Pollutants of
Concern for Subpart VVV, of this subpart) at a rate of 10 tons or more
per year or any combination of HAP of concern at a rate of 25 or more
tons per year; or
(3) Your POTW treatment plant is an area source that increases its
emissions of (or its potential to emit) HAP such that it is a major
source of HAP emissions.
Note 1 to paragraph (a) of this section: Section 63.1595
presents the procedures for determining if a POTW treatment plant is
a major source of HAP emissions. Though this subpart addresses only
wastewater emissions, the determination should consider emissions
from all stationary sources at the facility, including sewage sludge
incinerators, stationary internal combustion engines, boilers, and
turbines.
Note 2 to paragraph (a) of this section: To determine if your
POTW treatment plant is a major source due solely to wastewater
emissions, you need to understand industrial loadings of HAP into
your sewer system. Publicly owned treatment works treatment plants
which treat mostly high-strength industrial wastewater can be major
sources with a daily flow rate as low a 4 million gallons per day
(MGD). Publicly owned treatment works treatment plants with low
concentrations of HAP in their influent may not be major sources
(due to wastewater emissions) even with a flow rate of 300 MGD.
(b) If your POTW treatment plant is not a major source then you are
not subject to this subpart, and as such:
(1) You do not have to notify the Administrator that you are an
area source.
(2) You do not have to apply for a title V permit under 40 CFR Part
70. However, your State has the option to require you to apply for such
a permit.
Note to paragraph (b) of this section: Although you are not
required to maintain any records of your determination that you are
not a major source, if your POTW treatment plant is unique (e.g.,
you are very close to the 25/10 tpy criteria defining a major
source, your influent waste stream contains a high percentage of
industrial waste, you have a fairly high average annual flow rate)
it may be to your advantage to maintain such a record in case the
EPA or your State authority requests proof of your major source
determination.
Sec. 63.1581 How will the EPA determine if I am in compliance with
this subpart?
(a) If you fail to comply with any or all of the provisions of this
subpart, you will be considered in violation of this regulation. For
example, failure to perform any or all of the following, specified in
Sec. 63.1589 of this subpart, would be a violation: failure to visually
inspect the cover on your treatment unit; failure to repair a defect on
a treatment unit in use within the specified time period; or failure to
report a delay in repair.
(b) The Administrator will determine compliance with this subpart
by reviewing your records or inspecting your POTW treatment plant.
(c) Your POTW treatment plant may be exempted from compliance with
this regulation if the President determines that it is in the national
security interests of the United States to do so. This exemption may
last for up to two years at a time, and may be extended for additional
periods of up to two years each.
Sec. 63.1582 Does the subpart distinguish between different types of
POTW treatment plants?
Yes, the subpart divides all POTW treatment plants into two
subcategories. A POTW treatment plant which does not meet the
characteristics of an industrial POTW treatment plant belongs in the
non-industrial POTW treatment plant subcategory. These terms are
defined in Sec. 63.1597 List of Definitions, of this subpart.
Industrial POTW Treatment Plant Description and Requirements
Sec. 63.1583 What are the characteristics of an industrial POTW
treatment plant?
(a) Your POTW treatment plant is an industrial POTW treatment plant
if wastewater treatment at your POTW treatment plant enables an
industrial user to comply with the treatment requirements of its own
national emission standards for hazardous air pollutants (NESHAP).
Industrial POTW treatment plant is defined in Sec. 63.1597 of this
subpart.
(b) If, in the future, you begin accepting a specific industrial
waste stream for treatment at your POTW treatment plant to enable an
industrial user to comply with the treatment requirements of another
NESHAP(s), then your POTW treatment plant will be considered an
industrial POTW treatment plant.
[[Page 66095]]
(c) If your POTW treatment plant accepts one or more specific
regulated industrial waste streams as part of compliance with one or
more other NESHAPs then you are subject to all the requirements of each
appropriate NESHAP for each waste stream, as described in the following
section. In the case of conflicting NESHAP requirements, the more
stringent of the requirements will apply.
Sec. 63.1584 What are the emission points and control requirements for
an industrial POTW treatment plant?
(a) The emission points and control requirements for an existing
industrial POTW treatment plant are specified in the appropriate
NESHAP(s) for the industrial user(s) (see above). For example, an
existing industrial POTW treatment plant which provides treatment for a
facility subject to subpart FF of this part, the National Emission
Standard for Benzene Waste Operations, must meet the treatment and
control requirements specified in Sec. 61.348(d)(4).
(b) The emission points and control requirements for a new or
reconstructed industrial POTW treatment plant that is a major source of
HAP emissions are also specified in the appropriate NESHAP(s) for the
industrial user(s), or in Sec. 63.1587, whichever is more stringent.
Reconstruction is defined in Sec. 63.1597 of this subpart.
Sec. 63.1585 When do I have to comply?
(a) Existing industrial POTW treatment plant. If you have an
existing industrial POTW treatment plant, the appropriate NESHAP(s) for
the industrial user(s) will set your compliance date(s). For example,
an industrial POTW treatment plant providing treatment for chemical
plants regulated by the Hazardous Organic NESHAP will have to comply by
April 22, 1999.
(b) New industrial POTW treatment plant. If you have a new
industrial POTW treatment plant, you must be in compliance as soon as
you begin accepting the waste stream(s) for treatment. If, in the
future, you begin accepting a specific regulated industrial waste
stream(s) for treatment, you must be in compliance by the time
specified in the appropriate NESHAP(s) for the industrial user(s).
Sec. 63.1586 How does an industrial POTW treatment plant demonstrate
compliance?
(a) An existing industrial POTW treatment plant demonstrates
compliance by operating treatment and control devices which meet all
requirements specified in the appropriate industrial NESHAP(s).
Requirements may include performance tests, routine monitoring,
recordkeeping, and reporting.
(b) A new or reconstructed industrial POTW treatment plant that
installs controls required by the appropriate industrial NESHAP(s),
demonstrates compliance by operating treatment and control devices
which meet all requirements specified in the appropriate industrial
NESHAP(s). A new or reconstructed industrial POTW treatment plant that
installs controls specified by Sec. 63.1587, demonstrates compliance by
meeting all requirements in Secs. 63.1588 through 63.1592.
Non-industrial POTW Treatment Plant Requirements
Sec. 63.1587 What are the emission points and control requirements for
a non-industrial POTW treatment plant?
There are no control requirements for an existing non-industrial
POTW treatment plant. The control requirements for a new or
reconstructed non-industrial POTW treatment plant that is a major
source of HAP emissions are covers on the emission points up to, but
not including the secondary influent pumping station. These emission
points are treatment units that include, but are not limited to,
influent waste stream conveyance channels, bar screens, grit chambers,
grinders, pump stations, aerated feeder channels, primary clarifiers,
primary effluent channels, and primary screening stations. In addition,
all covered units, except primary clarifiers, must have the air in the
headspace ducted to a control device in accordance with Sec. 63.693,
the standards for closed-vent systems and control devices in subpart
DD. Reconstructed is defined in Sec. 63.1597 of this subpart.
(a) Covers must be tightly fitted and designed and operated to
minimize exposure of the waste to the atmosphere. This includes, but is
not limited to, the absence of visible cracks, holes, or gaps in the
roof sections or between the roof and the separator wall; broken,
cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
(b) If waste is in a treatment unit, each opening must be
maintained in a closed, sealed position, unless plant personnel are
present and conducting waste sampling or removal, or equipment
inspection, maintenance, or repair.
(c) If a treatment unit is not equipped with a closed-vent system
and control device, it must be designed to operate with minimal
ventilation (e.g., at or near zero) of the airspace under the cover to
reduce both air emissions and energy consumption.
(d) You must operate and maintain your POTW treatment plant at all
times to minimize HAP emissions.
Sec. 63.1588 When do I have to comply?
If your POTW treatment plant began construction on or after
December 1, 1998, and your POTW treatment plant is a major source of
HAP emissions, you must comply with all provisions of this subpart
either immediately upon startup, or by the date of promulgation of this
subpart, whichever date is later.
Sec. 63.1589 What inspections must I conduct?
If your treatment units are required to have covers, you must
conduct the following inspections:
(a) You must visually check the cover and its closure devices for
defects that could result in air emissions. Defects include, but are
not limited to, visible cracks, holes, or gaps in the roof sections or
between the roof and the separator wall; broken, cracked, or otherwise
damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(b) You must perform an initial inspection at start-up with follow-
up inspections at least once per year.
(c) In the event that you find a defect on a treatment unit in use,
you must repair the defect within 45 days. If you cannot repair within
45 days, you must notify the EPA or the designated State authority and
report the reason for the delay and the date you expect to complete the
repair. If you find a defect on a treatment unit not being used, you
must repair the defect before using the treatment unit.
(d) If you own or operate a control device used to meet the
requirements for Sec. 63.1587, you must comply with the inspection and
monitoring requirements of Sec. 63.695(c).
Sec. 63.1590 What records must I keep?
(a) You must prepare and maintain the following records:
(1) A record for each treatment unit inspection required by
Sec. 63.1589(b) of this subpart. You must include the following
information: a treatment unit identification number (or other unique
identification description as selected by you) and the date of
inspection.
(2) For each defect detected during inspections required by
Sec. 63.1589(b) of this subpart, you must record the following
information: the location of the defect, a description of the defect,
the date of detection, the corrective action taken to repair the
defect, and the date the repair to correct the defect is completed.
[[Page 66096]]
(3) In the event that repair of the defect is delayed, in
accordance with the provisions of Sec. 63.1589(c) of this subpart, you
must also record the reason for the delay and the date you expect to
complete the repair.
(4) If you own or operate a control device used to meet the
requirements for Sec. 63.1587, you must comply with the recordkeeping
requirements of Sec. 63.696 (a), (b), (g), and (h).
(b) [Reserved]
Sec. 63.1591 What reports must I submit?
(a)(1) You must submit to the Administrator a notification of
compliance status, signed by the responsible official who must certify
its accuracy, attesting to whether your POTW treatment plant has
complied with this regulation. This notification must be submitted
before a title V permit is issued to you, and each time a notification
of compliance status is required under this subpart. The notification
must list--
(i) The methods that were used to determine compliance;
(ii) The results of any monitoring procedures or methods that were
conducted;
(iii) The methods that will be used for determining continuing
compliance;
(iv) The type and quantity of HAP emitted by your POTW treatment
plant;
(v) A description of the air pollution control equipment (or
method) for each emission point; and
(vi) Your statement that your POTW treatment plant has complied
with this regulation.
(2) You must send this notification before the close of business on
the 60th day following the completion of the relevant compliance
demonstration activity specified in this regulation.
(b) After you have been issued a title V permit, you must comply
with all requirements for compliance status reports contained in your
title V permit, including reports required under this subpart. After
you have been issued a title V permit, and each time a notification of
compliance status is required under this subpart, you must submit the
notification of compliance status to the appropriate permitting
authority, as described in Sec. 63.1591(d) of this subpart, following
completion of the relevant compliance demonstration activity specified
in this regulation.
(c) You must comply with the delay of repair reporting required in
Sec. 63.1589(c).
(d) If your State has not been delegated authority you must submit
reports to your Regional Office of the EPA. If your State has been
delegated authority you must submit reports to your delegated State
authority and you must send a copy of each report submitted to the
State to your Regional Office of the EPA. Your Regional Office may
waive this requirement for any reports at its discretion.
(e) You may apply to the Administrator for a waiver of
recordkeeping and reporting requirements if you believe your source is
already in compliance with this standard. This application must
accompany the compliance status report required under Sec. 63.1592 of
this subpart, or your title V permit. The application must include
whatever information you consider useful to convince the Administrator
that a waiver of recordkeeping and reporting is warranted.
(f) If you own or operate a control device used to meet the
requirements for Sec. 63.1587, you must submit the reports required by
Sec. 63.697(b), including a notification of performance tests, a
performance test report, a startup, shutdown, and malfunction report,
and a summary report.
General Requirements
Sec. 63.1592 What are my notification requirements?
(a) If your State has not been delegated authority you must submit
notifications to the appropriate Regional Office of the EPA. If your
State has been delegated authority you must submit notifications to
your State and a copy of each notification to the appropriate Regional
Office of the EPA. The Regional Office may waive this requirement for
any notifications at its discretion.
(b) You must notify the Administrator in writing when your POTW
treatment plant becomes subject to this standard. The notification,
which must be submitted not later than 120 calendar days after the
effective date of this standard (or within 120 calendar days after your
POTW treatment plant becomes subject to the relevant standard), must
provide the following information:
(1) Your name and address;
(2) The address (i.e., physical location) of your POTW treatment
plant;
(3) An identification of this standard as the basis of the
notification and your POTW treatment plant's compliance date; and
(4) A brief description of the nature, size, design, and method of
operation of your POTW treatment plant, including its operating design
capacity and an identification of each point of emission for each HAP,
or if a definitive identification is not yet possible, a preliminary
identification of each point of emission for each HAP.
Sec. 63.1593 Which General Provisions apply to my POTW treatment
plant?
The General Provisions (40 CFR Part 63, subpart A) are NESHAP that
apply to owners and operators of major sources of HAP emissions in all
the source categories, including the POTW source category. Table 2 of
this subpart lists the General Provisions which apply to POTW treatment
plants.
Sec. 63.1594 Who enforces this subpart?
If the Administrator has delegated authority to your State, then
the State enforces this subpart. If the Administrator has not delegated
authority to your State, then the EPA Regional Office enforces this
subpart.
Sec. 63.1595 How do I determine if my POTW treatment plant is a major
source of HAP emissions?
(a)(1) If your POTW treatment plant is co-located with another
major source of HAP emissions (e.g., a sewage sludge incinerator) then
your POTW treatment plant is subject to this subpart.
(2) If your POTW treatment plant has total emissions (or potential
emissions) of less than 10 tpy of any single HAP compound, or less than
25 tpy of any combination of HAP compounds, and it is co-located with
one or more additional sources that also have total emissions (or
potential emissions) of less than 10 tpy of any single HAP compound, or
less than 25 tpy of any combination of HAP compounds, but together all
sources have total emissions (or potential emissions) of 10 tpy or
greater of any single HAP compound, or 25 tpy or greater of any
combination of HAP compounds, then your POTW treatment plant and the
other source are subject to this subpart.
(b) If your POTW treatment plant has total emissions (or potential
emissions) of 10 tpy or greater of any single HAP compound, or 25 tpy
or greater of any combination of HAP compounds, then your POTW
treatment plant is a major source of HAP emissions. You may use the
following methods, as a tiered approach, to determine if your POTW
treatment plant meets or exceeds these emission limitations.
(1) If your POTW treatment plant's annual average wastewater
throughput multiplied by the annual average HAP concentration of all
HAP compounds present in the influent is 25 tpy or greater, or the
annual average wastewater throughput multiplied by the annual average
influent concentration of any single HAP compound in the influent is 10
tpy or
[[Page 66097]]
greater, then you are a major source of HAP emissions.
(2) You may use the emission factors provided in Table 1 of this
subpart, to conservatively estimate emissions from your POTW treatment
plant. Multiply your POTW treatment plant's annual average wastewater
throughput by the annual average HAP concentration of each HAP compound
in the influent by the compound-specific fraction emitted
(fe) value to calculate estimated emissions of each HAP
compound from your POTW treatment plant. If the estimated emissions are
10 tpy or greater of any single HAP compound, or 25 tpy or greater of
any combination of HAP compounds, then your POTW treatment plant is a
major source of HAP emissions.
(3) You may utilize an approved fate model to determine emissions
from your POTW treatment plant. The EPA has approved the fate model
entitled Wastewater Treatment Compound Property Processor and Air
Emissions Estimator, commonly known as WATER8, for determination of
emissions from wastewater treatment processes. If the results of
applying WATER8 to your POTW treatment plant indicate that your
emissions are 10 tpy or greater of any single HAP as compound, or 25
tpy or greater of any combination of HAP compounds, then your POTW
treatment plant is a major source of HAP emissions. In the event that
your POTW treatment plant's emissions have already been determined
using another fate model, you may be able to use the results from that
modeling effort as an initial screening tool to determine if your POTW
treatment plant is a major source of HAP emissions. However, if there
is any ambiguity concerning your POTW treatment plant's status as a
major source of HAP emissions, the EPA will rely exclusively on the use
of emissions estimates generated using WATER8.
(c) If you use your average influent wastewater HAP concentration
and flow to determine if you are a major source, you may determine the
HAP concentration of your influent waste stream using either direct
measurement or knowledge of your waste stream. Your average annual
wastewater flow must be determined as specified in your NPDES permit.
(1) To use direct measurement to determine your influent HAP
concentration, you must collect samples of your influent waste stream
that represent the complete range of HAP compositions and quantities
that occur in your waste stream during the entire averaging period. You
must collect each sample in accordance with the requirements specified
in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication No. SW-846, and insure that minimum loss of
organics throughout the sample collection and handling process occurs
and that sample integrity is maintained. You must prepare and analyze
each collected sample in accordance with the requirements of Method 305
in 40 CFR part 63, appendix A or Method 25D in 40 CFR part 60, appendix
A.
(2) To use your knowledge of the waste stream to determine the
average HAP concentration you must prepare and record sufficient
information that documents the basis for that knowledge. Examples of
information that may be used as the basis for knowledge of the waste
stream include: samples analyzed using test methods other than Method
305 or Method 25, such as EPA Methods 600 and 8000; industrial
pretreatment/source control permit information, including compliance
sampling and analysis; species-specific HAP chemical test data for the
waste stream from previous testing still applicable to the current
operations; or other previous test data.
(i) If you use test data as the basis for knowledge of the waste
stream, then you must document the test method, sampling protocol, and
the means by which sampling variability and analytical variability are
accounted for in the determination of the HAP concentration. For
example, you may use HAP concentration test data that are validated in
accordance with Method 301 in appendix A of 40 CFR part 63 as the basis
for knowledge of the waste stream.
(ii) If you use species-specific HAP chemical concentration test
data as the basis for knowledge of the waste stream you must adjust the
test data results to the corresponding total HAP concentration value
that would be reported had the samples been analyzed using Method 305
in the appendix to 40 CFR part 63, subpart G.
(d) If you make any changes or modifications to your POTW treatment
plant that could cause your HAP emissions (or potential HAP emissions)
to increase you must consider those changes or modifications when
determining if your POTW treatment plant is a major source. Such
changes may include, but are not limited to:
(1) If at any time you add new equipment to your POTW treatment
plant or implement a process change, the added equipment or process
change is considered an integral part of your POTW treatment plant and
must be considered when determining if your POTW treatment plant is a
major source;
(2) If you expand your existing POTW treatment plant by adding a
new treatment line within a contiguous area and under common control,
the new treatment line is considered an integral part of your existing
POTW treatment plant and must be considered when determining if your
POTW treatment plant is a major source; or
(3) If you reconstruct your POTW treatment plant (as defined in
Sec. 63.1597 List of Definitions, of this regulation) then you must
comply with the requirements for a new or reconstructed POTW treatment
plant in this subpart.
Sec. 63.1596 Are there any other ways for me to control HAP emissions
from my POTW treatment plant?
(a) You may request permission to use an alternative means of
emission limitation to control HAP emissions from your plant. You must
collect, verify, and submit to the Administrator information
demonstrating that the alternative achieves emission reductions which
are at least equivalent to the reductions which would be achieved under
this subpart.
(b) If it appears that the alternative means of HAP emission
limitation will achieve a reduction in HAP emissions at least
equivalent to the reduction in HAP emissions from your source achieved
under this regulation, the Administrator will propose to amend this
subpart to permit you to use the alternative means for purposes of
compliance with this subpart. Such an amendment may include specific
requirements for operation and maintenance as a condition of the
permission. Any amendment to permit you to use an alternative means of
emission limitation will be adopted only after notice and an
opportunity for comment.
Sec. 63.1597 List of definitions.
Affected Source means a stationary POTW treatment plant that is
regulated by this standard.
Area Source means any stationary source of HAP that is not a major
source.
Cover means a device that prevents or reduces air pollutant
emissions to the atmosphere by forming a continuous barrier over the
waste material managed in a treatment unit. A cover may have openings
(such as access hatches, sampling ports, gauge wells) that are
necessary for operation, inspection, maintenance, and repair of the
treatment unit on which the cover is used. A cover may be a separate
piece of equipment which can be detached and removed from the treatment
unit or
[[Page 66098]]
a cover may be formed by structural features permanently integrated
into the design of the treatment unit. The cover and its closure
devices must be made of suitable materials that will minimize exposure
of the waste material to the atmosphere, to the extent practical, and
will maintain the integrity of the equipment throughout its intended
service life.
HAP means hazardous air pollutant.
Industrial User means a non-domestic source introducing any
pollutant or combination of pollutants into a POTW. Industrial users
can be commercial or industrial facilities whose wastes enter local
sewers.
Industrial POTW Treatment Plant means a POTW treatment plant that
accepts one or more specific regulated industrial waste streams for
treatment that enables an industrial user to comply with the treatment
requirements of its own NESHAP. For example, an industry discharges its
benzene-containing waste to the POTW treatment plant for treatment to
comply with 40 CFR part 61, subpart FF, the National Emission Standard
for Benzene Waste Operations. This definition does not include POTW
treatment plants that accept industrial waste for treatment from an
industrial user whose waste is not specifically regulated under another
NESHAP. Examples include POTW treatment plants that accept waste from
industries, such as local manufacturing facilities, typically
characterized as a significant industrial user by the POTW treatment
plant in the POTW's approved pretreatment program.
Non-industrial POTW Treatment Plant means a POTW treatment plant as
defined by this Sec. 63.1597 of this subpart that does not meet the
definition of an industrial POTW treatment plant as defined by this
Sec. 63.1597 of this subpart.
Publicly Owned Treatment Works (POTW) means a treatment works as
defined by section 112(e)(5) of the Clean Air Act, which is owned by a
State or municipality (as defined by section 502(4) of the Clean Water
Act). This definition includes any intercepting sewers, outfall sewers,
sewage collection systems, pumping, power, and other equipment. The
wastewater treated by these facilities are generated by industrial,
commercial, and domestic sources.
POTW Treatment Plant means a treatment works as defined by section
112(e)(5) of the Clean Air Act, which is owned by a State or
municipality (as defined by section 502(4) of the Clean Water Act),
with the exception that this definition includes ONLY the facilities,
units, and processes used to treat municipal wastewater from the time
it is discharged from the collection system to begin treatment until
treatment is completed. This definition DOES NOT include any sewage
collection and conveyance systems, intercepting sewers, or outfall
sewers.
Reconstruction means the replacement of components of an affected
or a previously unaffected stationary source such that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the relevant standard(s) established by
the Administrator (or a State) pursuant to section 112 of the Act. Upon
reconstruction, an affected source, or a stationary source that becomes
an affected source, is subject to relevant standards for new sources,
including compliance dates, irrespective of any change in emissions of
HAP from that source.
Treatment Works or Treatment Unit(s) means any devices and systems
located at a POTW treatment plant that is used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial
wastes of a liquid nature, or necessary to recycle or reuse water at
the most economical cost over the estimated life of the works;
extensions, improvements, remodeling, additions, and alterations
thereof; elements essential to provide a reliable recycled supply such
as standby treatment units and clear well facilities; and any works,
including site acquisition of the land that will be an integral part of
the treatment process (including land used for storage of treated
wastewater in land treatment systems prior to land application) or is
used for ultimate disposal of residues resulting from such treatment.
In addition, ``treatment works'' means any other method or system for
preventing, abating, reducing, storing, treating, separating, or
disposing of municipal waste, including storm water runoff, or
industrial waste.
Waste and Wastewater means a material, or spent or used water or
waste, generated from residential, industrial, commercial, mining, or
agricultural operations or from community activities that contains
dissolved or suspended matter, and that is discarded, discharged, or is
being accumulated, stored, or physically, chemically, thermally, or
biologically treated in a publicly owned treatment works.
You (including other possessive pronouns such as I, my, our, your)
means an owner or operator of a POTW treatment plant.
Table 1 to Subpart VVV.--List of Hazardous Air Pollutants of Concern for Supart VVV
----------------------------------------------------------------------------------------------------------------
Fraction
CAS No. Chemical name emitted(fe)
----------------------------------------------------------------------------------------------------------------
75070............................... Acetaldehyde.............................................. 0.2099
75058............................... Acetonitrile.............................................. 0.0878
107028.............................. Acrolein.................................................. 0.1328
107131.............................. Acrylonitrile............................................. 0.1130
107051.............................. Allyl chloride............................................ 0.9552
71432............................... Benzene (including benzene from gasoline)................. 0.7729
100447.............................. Benzyl chloride........................................... 0.1873
92524............................... Biphenyl.................................................. 0.0999
75252............................... Bromoform................................................. 0.2300
106990.............................. 1,3-Butadiene............................................. 0.9924
75150............................... Carbon disulfide.......................................... 0.9643
56235............................... Carbon tetrachloride...................................... 0.9628
43581............................... Carbonyl sulfide.......................................... 0.3401
108907.............................. Chlorobenzene............................................. 0.3386
67663............................... Chloroform................................................ 0.7485
126998.............................. Chloroprene............................................... 0.6644
98828............................... Cumene.................................................... 0.8481
3547044............................. DDE....................................................... 0.1128
[[Page 66099]]
334883.............................. Diazomethane.............................................. 0.0739
132649.............................. Dibenzofurans............................................. 0.2125
106467.............................. 1,4-Dichlorobenzene(p).................................... 0.5492
542756.............................. 1,3-Dichloropropene....................................... 0.7174
119904.............................. 3,3'-Dimethoxybenzidine................................... 0.4736
121697.............................. N,N-Dimethylaniline....................................... 0.0885
106898.............................. Epichlorohydrin (1-Chloro-2,3-epoxypropane)............... 0.0966
106887.............................. 1,2-Epoxybutane........................................... 0.4049
140885.............................. Ethyl acrylate............................................ 0.2299
100414.............................. Ethyl benzene............................................. 0.7986
75003............................... Ethyl chloride (Chloroethane)............................. 0.9633
106934.............................. Ethylene dibromide (Dibromoethane)........................ 0.3134
107062.............................. Ethylene dichloride (1,2-Dichloroethane).................. 0.4363
151564.............................. Ethylene imine (Aziridine)................................ 0.6887
75218............................... Ethylene oxide............................................ 0.1944
75343............................... Ethylidene dichloride (1,1-Dichloroethane)................ 0.7142
0............................... Glycol ethersa............................................ 0.0591
76448............................... Heptachlor................................................ 0.2064
118741.............................. Hexachlorobenzene......................................... 0.1340
87683............................... Hexachlorobutadiene....................................... 0.7761
77474............................... Hexachlorocyclopentadiene................................. 0.6313
67721............................... Hexachloroethane.......................................... 0.7643
110543.............................. Hexane.................................................... 0.9998
74839............................... Methyl bromide (Bromomethane)............................. 0.9165
74873............................... Methyl chloride (Choromethane)............................ 0.9125
71556............................... Methyl chloroform (1,1,1-Trichloroethane)................. 0.3848
78933............................... Methyl ethyl ketone (2-Butanone).......................... 0.2357
74884............................... Methyl iodide (Iodomethane)............................... 0.6365
108101.............................. Methyl isobutyl ketone (Hexone)........................... 0.3142
80626............................... Methyl methacrylate....................................... 0.0679
1634044............................. Methyl tert butyl ether................................... 0.3498
75092............................... Methylene chloride (Dichloromethane)...................... 0.7593
91203............................... Naphthalene............................................... 0.2248
79469............................... 2-Nitropropane............................................ 0.1561
75445............................... Phosgene.................................................. 0.9739
1336363............................. Polychlorinated biphenylsb (Aroclors)..................... 0.0241
123386.............................. Propionaldehyde........................................... 0.1235
78875............................... Propylene dichloride (1,2-Dichloropropane)................ 0.5914
75569............................... Propylene oxide........................................... 0.5101
100425.............................. Styrene................................................... 0.8462
96093............................... Styrene oxide............................................. 0.0718
79345............................... 1,1,2,2-Tetrachloroethane................................. 0.1870
127184.............................. Tetrachloroethylene (Perchloroethylene)................... 0.9693
108883.............................. Toluene................................................... 0.7382
8001352............................. Toxaphene (chlorinated camphene).......................... 0.6473
120821.............................. 1,2,4-Trichlorobenzene.................................... 0.3248
79005............................... 1,1,2-Trichloroethane..................................... 0.3848
79016............................... Trichloroethylene......................................... 0.9197
121448.............................. Triethylamine............................................. 0.1025
540841.............................. 2,2,4-Trimethylpentane.................................... 0.9999
108054.............................. Vinyl acetate............................................. 0.4541
593602.............................. Vinyl Bromide............................................. 0.9149
75014............................... Vinyl chloride............................................ 0.9958
75354............................... Vinylidene chloride (1,1-Dichloroethylene)................ 0.9737
1330207............................. Xylenes (isomers and mixture)............................. 0.7241
95476............................... o-Xylenes................................................. 0.7085
108383.............................. m-Xylenes................................................. 0.7787
106423.............................. p-Xylenes................................................. 0.7856
----------------------------------------------------------------------------------------------------------------
Key:
a Ethylene glycol dimethyl ether is the glycol ether of concern.
b The following PCB's are of concern: PCB 1221, PCB 1232, PCB 1242, PCB 1248, and PCB 1254.
Table 2 to Subpart VVV.--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
Applicable to subpart
General provisions reference VVV Comment
----------------------------------------------------------------------------------------------------------------
Sec. 63.1....................... ..................... APPLICABILITY.
Sec. 63.1(a)(1)................. Yes Terms defined in CAAA.
Sec. 63.1(a)(2)................. Yes General applicability explanation.
[[Page 66100]]
Sec. 63.1(a)(3)................. Yes Cannot diminish a stricter NESHAP.
Sec. 63.1(a)(4)................. Yes Not repetitive. Doesn't apply to 112(r).
Sec. 63.1(a)(5)................. No Section reserved.
Sec. 63.1(a)(6)-(8)............. Yes Contacts and authorities.
Sec. 63.1(a)(9)................. No Section reserved.
Sec. 63.1(a)(10)................ Yes Time period definition.
Sec. 63.1(a)(11)................ Yes Postmark explanation
Sec. 63.1(a)(12)-(14)........... Yes Time period changes. Regulation conflict. Force and
effect of subpart A.
Sec. 63.1(b)(1)................. Yes Initial applicability determination of subpart A.
Sec. 63.1(b)(2)................. Yes Operating permits by States.
Sec. 63.1(b)(3)................. No Subpart VVV specifies recordkeeping of records of
applicability determination.
Sec. 63.1(c)(1)................. Yes Requires compliance with both subpart A and subpart
VVV.
Sec. 63.1(c)(2)(I).............. Yes State options regarding Title V permit.
Sec. 63.1(c)(2) (ii)-(iii)...... No State options regarding Title V permit.
Sec. 63.1(c)(3)................. No Section reserved.
Sec. 63.1(c)(4)................. Yes Extension of compliance.
Sec. 63.1(c)(5)................. No Subpart VVV addresses area sources becoming major due
to increase in emissions.
Sec. 63.1(d).................... No Section reserved.
Sec. 63.1(e).................... Yes Title V permit before a relevant standard is
established.
Sec. 63.2....................... Yes DEFINITIONS.
Sec. 63.3....................... Yes UNITS AND ABBREVIATIONS.
Sec. 63.4....................... PROHIBITED ACTIVITIES AND CIRCUMVENTION.
Sec. 63.4(a)(1)-(3)............. Yes Prohibits operation in violation of subpart A.
Sec. 63.4(a)(4)................. No Section reserved.
Sec. 63.4(a)(5)................. Yes Compliance dates.
Sec. 63.4(b).................... No Circumvention discussion not applicable to Subpart
VVV.
Sec. 63.4(c).................... Yes Severability.
Sec. 63.5....................... ..................... CONSTRUCTION AND RECONSTRUCTION.
Sec. 63.5(a)(1)................. Yes Construction and reconstruction.
Sec. 63.5(a)(2)................. Yes New source--effective dates.
Sec. 63.5(b)(1)................. Yes New sources subject to relevant standards.
Sec. 63.5(b)(2)................. No Section reserved.
Sec. 63.5(b)(3)................. Yes No new major sources w/out Administrator approval.
Sec. 63.5(b)(4)................. Yes New major source notification.
Sec. 63.5(b)(5)................. Yes New major sources must comply.
Sec. 63.5(b)(6)................. Yes New equipment added considered part of major source.
Sec. 63.5(c).................... No Section reserved.
Sec. 63.5(d)(1)................. Yes Implementation of 112(I)(2)--application of approval
of new source construction.
Sec. 63.5(d)(2)................. Yes Application for approval of construction for new
sources listing and describing planned air pollution
control system.
Sec. 63.5(d)(3)................. Yes Application for reconstruction.
Sec. 63.5(d)(4)................. Yes Administrator may request additional information.
Sec. 63.5(e).................... Yes Approval of reconstruction.
Sec. 63.5(f)(1)................. Yes Approval based on State review.
Sec. 63.5(f)(2)................. Yes Application deadline.
Sec. 63.6....................... ..................... COMPLIANCE WITH STANDARDS AND MAINTENANCE
REQUIREMENTS.
Sec. 63.6(a).................... Yes Applicability of compliance with standards and
maintenance requirements.
Sec. 63.6(b).................... Yes Compliance dates for new and reconstructed sources.
Sec. 63.6(c).................... Yes Compliance dates for existing sources apply to
existing industrial POTW treatment plants.
Sec. 63.6(d).................... No Section reserved.
Sec. 63.6(e).................... Yes Operation and maintenance requirements apply to new
sources.
Sec. 63.6(f).................... Yes Compliance with nonopacity emission standards applies
to new sources.
Sec. 63.6(g).................... Yes Use of alternative nonopacity emission standard
applies to new sources.
Sec. 63.6(h).................... No POTW treatment plants do not typically have visible
emissions.
Sec. 63.6(i).................... Yes Extension of compliance with emission standards
applies to new sources.
Sec. 63.6(j).................... No Subpart VVV addresses the Presidential exemption from
compliance with emission standards.
Sec. 63.7....................... ..................... PERFORMANCE TESTING REQUIREMENTS.
Sec. 63.7(a).................... Yes Performance testing is required for new sources.
Sec. 63.7(b).................... Yes New sources must notify the Administrator of intention
to conduct performance testing.
Sec. 63.7(c).................... Yes New sources must comply with quality assurance program
requirements.
Sec. 63.7(d).................... Yes New sources must provide performance testing
facilities at the request of the Administrator.
Sec. 63.7(e).................... Yes Requirements for conducting performance tests apply to
new sources.
Sec. 63.7(f).................... Yes New sources may use an alternative test method.
Sec. 63.7(g).................... Yes Requirements for data analysis, recordkeeping, and
reporting associated with performance testing apply
to new sources.
Sec. 63.7(h).................... Yes New sources may request a waiver of performance tests.
Sec. 63.8....................... ..................... MONITORING REQUIREMENTS.
Sec. 63.8(a).................... Yes Applicability of monitoring requirements.
Sec. 63.8(b).................... Yes Monitoring shall be conducted by new sources.
Sec. 63.8(c).................... Yes New sources shall operate and maintain continuous
monitoring systems (CMS).
Sec. 63.8(d).................... Yes New sources must develop and implement a CMS quality
control program.
[[Page 66101]]
Sec. 63.8(e).................... Yes New sources may be required to conduct a performance
evaluation of CMS.
Sec. 63.8(f).................... Yes New sources may use an alternative monitoring method.
Sec. 63.8(g).................... Yes Requirements for reduction of monitoring data.
Sec. 63.9....................... ..................... NOTIFICATION REQUIREMENTS.
Sec. 63.9(a).................... Yes Applicability of notification requirements.
Sec. 63.9(b).................... Yes Initial notification requirements.
Sec. 63.9(c).................... Yes Request for extension of compliance with subpart VVV.
Sec. 63.9(d).................... Yes Notification that source is subject to special
compliance requirements as specified in Sec.
63.6(b)(3) and (4).
Sec. 63.9(e).................... Yes Notification of performance test.
Sec. 63.9(f).................... No POTW treatment plants do not typically have visible
emissions.
Sec. 63.9(g).................... Yes Additional notification requirements for sources with
continuous emission monitoring systems.
Sec. 63.9(h).................... Yes Notification of compliance status when the source
becomes subject to subpart VVV.
Sec. 63.9(i).................... Yes Adjustments to time periods or postmark deadlines or
submittal and review of required communications.
Sec. 63.9(j).................... Yes Change of information already provided to the
Administrator.
Sec. 63.10...................... ..................... RECORDKEEPING AND REPORTING REQUIREMENTS.
Sec. 63.10(a)................... Yes Applicability of notification and reporting
requirements.
Sec. 63.10(b)................... Yes General recordkeeping requirements.
Sec. 63.10(c)................... Yes Additional recordkeeping requirements for sources with
continuous monitoring systems.
Sec. 63.10(d)................... Yes General reporting requirements.
Sec. 63.10(e)................... Yes Additional reporting requirements for sources with
continuous monitoring systems.
Sec. 63.10(f)................... Yes Waiver of recordkeeping and reporting requirements.
Sec. 63.11...................... ..................... FLARES AS A CONTROL DEVICE.
Sec. 63.11(a) & (b)............. Yes If a new source uses flares to comply with the
requirements of subpart VVV, the requirements of Sec.
63.11 apply.
Sec. 63.12...................... Yes STATE AUTHORITY AND DESIGNATION.
Sec. 63.13...................... Yes ADDRESSES OF STATE AIR POLLUTION CONTROL AGENCIES AND
EPA REGIONAL OFFICES.
Sec. 63.14...................... Yes INCORPORATION BY REFERENCE.
Sec. 63.15...................... Yes AVAILABILITY OF INFORMATION AND CONFIDENTIALITY.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 98-31399 Filed 11-30-98; 8:45 am]
BILLING CODE 6560-50-P