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Effluent Limitations Guidelines..for the Industrial Waste Combustor Subcategory
looks very weakat 1st glance!
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>[Federal Register: February 6, 1998 (Volume 63, Number 25)]
>[Proposed Rules]
>[Page 6391-6423]
>>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
>[DOCID:fr06fe98-31]
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>[[Page 6391]]
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>_______________________________________________________________________
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>Part V
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>Environmental Protection Agency
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>_______________________________________________________________________
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>40 CFR Part 444
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>Effluent Limitations Guidelines, Pretreatment Standards, and New Source
>Performance Standards for the Industrial Waste Combustor Subcategory of
>the Waste Combustors Point Source Category; Proposed Rule
>
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>[[Page 6392]]
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>ENVIRONMENTAL PROTECTION AGENCY
>
>40 CFR Part 444
>
>[FRL-5931-6]
>RIN 2040-AD03
>
>
>Effluent Limitations Guidelines, Pretreatment Standards, and New
>Source Performance Standards for the Industrial Waste Combustor
>Subcategory of the Waste Combustors Point Source Category
>
>AGENCY: Environmental Protection Agency (EPA).
>
>ACTION: Proposed rule.
>
>-----------------------------------------------------------------------
>
>SUMMARY: This proposal represents the Agency's first effort to develop
>Clean Water Act (CWA) national effluent limitations guidelines and
>standards for wastewater discharges from commercially-operating
>hazardous waste combustor facilities regulated as ``incinerators'' or
>``boilers and industrial furnaces'' under the Resource Conservation and
>Recovery Act (RCRA) as well as commercially-operating non-hazardous
>industrial waste combustor facilities. The proposal would not apply to
>sewage sludge incinerators, medical waste incinerators, municipal waste
>combustors or other solid waste combustion units. Sources of wastewater
>that would be regulated under the proposal include flue gas quench,
>slag quench, and air pollution control wastewater.
> This proposal would limit the discharge of pollutants into
>navigable waters of the United States and the introduction of
>pollutants into publicly-owned treatment works (POTWs) by existing and
>new stand-alone industrial waste combustors that incinerate waste
>received from offsite. The proposal would not apply to wastewater
>discharges from industrial waste combustors that only burn wastes
>generated on-site at an industrial facility or generated at facilities
>under common corporate ownership.
> Compliance with this proposed regulation is estimated to reduce the
>discharge of pollutants by at least 230,000 pounds per year and to cost
>an estimated $2.16 million annualized (post-tax $1996).
>
>DATES: Comments on the proposal must be received by May 7, 1998.
> In addition, EPA will conduct a workshop and public hearing on the
>pretreatment standards of the rule on February 26, 1998 from 10:00 am
>to 1:00 pm.
>
>ADDRESSES: Send written comments and supporting data on this proposal
>to: Ms. Samantha Hopkins, US EPA, (4303), 401 M Street SW, Washington,
>DC 20460. Please submit an original and two copies of your comments and
>enclosures (including references). See Section IX of SUPPLEMENTARY
>INFORMATION for further instructions.
> Commenters who want EPA to acknowledge receipt of their comments
>should enclose a self-addressed, stamped envelope. No facsimiles
>(faxes) will be accepted. Comments and data will also be accepted on
>disks in WordPerfect format or ASCII file format.
> Comments may also be filed electronically to
>``hopkins.samantha@epamail.epa.gov''. Electronic comments must be
>submitted as an ASCII or WordPerfect file avoiding the use of special
>characters and any form of encryption. Electronic comments must be
>identified by the docket number W-97-08 and may be filed online at many
>Federal Depository Libraries. No confidential business information
>(CBI) should be sent via e-mail.
> The public record is available for review in the EPA Water Docket,
>401 M Street SW, Washington, D.C. 20460. The record for this rulemaking
>has been established under docket number W-97-08, and includes
>supporting documentation, but does not include any information claimed
>as Confidential Business Information (CBI). The record is available for
>inspection from 9:00 am to 4:00 pm, Monday through Friday, excluding
>legal holidays. For access to docket materials, please call (202) 260-
>3027 to schedule an appointment.
> The workshop and public hearing covering the rulemaking will be
>held at the EPA headquarters auditorium, Waterfront Mall, 401 M St. SW,
>Washington, DC. Persons wishing to present formal comments at the
>public hearing should have a written copy for submittal.
>
>FOR FURTHER INFORMATION CONTACT:
>For additional technical information contact Ms. Samantha Hopkins at
>(202) 260-7149. For additional economic information contact Mr. William
>Anderson at (202) 260-5131.
>
>SUPPLEMENTARY INFORMATION:
>
> Regulated Entities: Entities potentially regulated by this action
>include:
>
>------------------------------------------------------------------------
> Category Examples of regulated entities
>------------------------------------------------------------------------
>Industry..................... Incinerators regulated under RCRA (i.e.
> rotary kiln incinerators, liquid
> injection incinerators) that operate
> commercially
> Boilers and industrial furnaces (BIFs)
> regulated under RCRA (i.e. cement kilns,
> boilers, industrial furnaces) that
> operate commercially
> Industrial waste combustors that burn non-
> hazardous industrial waste and operate
> commercially.
>Federal Govt................. Federal Agencies which burn industrial
> hazardous or non-hazardous waste and
> operate commercially (none
> identified).\1\
>------------------------------------------------------------------------
>\1\ No Federal Agencies which operate commercially were identified in
> the information collection activities for this regulation. However,
> Federal Agencies operating commercially would be covered by the
> proposed regulation.
>
> The preceding 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 EPA is now
>aware could potentially be regulated by this action. Other types of
>entities not listed in the table could also be regulated. To determine
>whether your facility is regulated by this action, you should carefully
>examine the applicability criteria in Sec. 444.02 of the proposed rule.
>If you have questions regarding the applicability of this action to a
>particular entity, consult one of the persons listed in the proceeding
>FOR FURTHER INFORMATION CONTACT section.
>
>Supporting Documentation
>
> The regulations proposed today are supported by several major
>documents:
> 1. ``Development Document for Proposed Effluent Limitations
>Guidelines and Standards for Industrial Waster Combustors'' (EPA 821-B-
>97-011). Hereafter referred to as the Technical Development Document,
>presents EPA's technical conclusions concerning the proposal. EPA
>describes, among other things, the data collection activities in
>support of the proposal, the wastewater treatment technology options,
>wastewater characterization, and the estimation of costs to the
>industry.
>
>[[Page 6393]]
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> 2. ``Economic Analysis and Cost-Effectiveness Analysis of Proposed
>Effluent Limitations Guidelines and Standards for Industrial Waste
>Combustors'' (EPA 821-B-97-010).
> 3. ``Statistical Support Document of Proposed Effluent Limitations
>Guidelines and Standards for Industrial Waste Combustors'' (EPA 821-B-
>97-008).
> 4. ``Environmental Assessment of Proposed Effluent Limitations
>Guidelines and Standards for Industrial Waste Combustors'' (EPA 821-B-
>97-009).
>
>How To Obtain Supporting Documents
>
> The Technical and Economic Development Documents can be obtained
>through EPA's Home Page of the Internet, located at www.EPA.gov/OST/
>rules. The document are also available from the Office of Water
>Resource Center, RC-4100, U.S. EPA, 401 M Street SW., Washington, D.C.,
>20460; telephone (202) 260-7786 for the voice mail publication request.
>
>Organization of This Document
>
>Legal Authority
>
>I. Legal Authority for the Proposed Regulation
> A. Clean Water Act
> B. CWA Section 304(m) Requirements
>II. Overview of the Industrial Waste Combustor Industry
> A. Summary of the Industrial waste Combustor Industry
> B. Related Regulation
> C. Summary of Public Participation
>III. Summary and Scope of Proposed Regulation
>
>General Provisions
>
> A. Scope of This Regulation
> B. Monitoring Requirements for Industrial Waste Combustors
>
>Limitations and Standards for Existing Industrial Waste Combustor
>Facilities
>
> C. Proposed Effluent Limitations for Existing Industrial Waste
>Combustor Facilities That Discharge Wastewater to Navigable Waters
> D. Proposed Pretreatment Standards for Existing Industrial Waste
>Combustor Facilities That Discharge Wastewater into a POTW
>
>Limitations and Standards for New Industrial Waste Combustor Facilities
>
> E. Proposed Effluent Limitations for New Industrial Waste
>Combustor Facilities That Will Discharge Wastewater to Navigable
>Waters
> F. Proposed Pretreatment Standards for New Industrial Waste
>Combustor Facilities That Will Discharge Wastewater into a POTW
>IV. Detailed Description of Industrial Waste Combustors
> A. Identified Industrial Waste Combustor Facilities
> B. Wastewater Treatment Processes Used by Industrial Waste
>Combustors
>V. Summary of EPA Activities and Data Gathering Efforts
> A. EPA's Initial Efforts to Develop a Guideline for the
>Industrial Waster Combustor Industry
> B. Wastewater Sampling Program
> C. Waste Treatment Industry Phase II: Incinerators Screener
>Survey and Questionnaire
> D. Detailed Monitoring Questionnaire
>VI. Development of Effluent Limitations Guidelines and Standards
> A. Industry Subcategorization
> B. Characterization of Wastewater
> C. Pollutants Not Regulated
> D. Dioxins/Furans in Industrial Waste Combustor Industry
> E. Available Technologies
> F. Rationale for Selection of the Technology Basis of the
>Proposed Regulation
> G. Development of Numerical Limitations
>VII. Costs and Impacts of Regulatory Alternative
> A. Costs
> B. Pollutant Reductions
> C. Economic Analysis
> D. Water Quality Analysis and Other Environmental Benefits
> E. Non-Water Quality Environmental Impacts
>VIII. Related Acts of Congress and Executive Orders
> A. Paperwork Reduction Act
> B. Regulatory Flexibility Act
> C. Unfunded Mandates Reform Act
> D. Executive Order 12866
> E. National Technology Transfer and Advancement Act
>IX. Solicitation of Data and Comments
> A. Introduction and General Solicitation
> B. Specific Data and Comment Solicitations
>X. Regulatory Implementation
>
>Appendix 1--Definitions, Acronyms, and Abbreviations
>
> Legal Authority: These regulations are being proposed under the
>authority of Sections 301, 304, 306, 307, 308, and 501 of the Clean
>Water Act, 33 U.S.C. 1311, 1314, 1316, 1317, 1318, and 1361.
>
>I. Legal Authority for the Proposed Regulation
>
>A. Clean Water Act
>
>1. Overview of Clean Water Act
> Congress adopted the Clean Water Act (CWA) to ``restore and
>maintain the chemical, physical, and biological integrity of the
>Nation's waters.'' Section 101(a), 33 U.S.C. 1251(a). To achieve this
>goal, the CWA prohibits the discharge of pollutants into navigable
>waters except in compliance with the statute. The Clean Water Act
>attacks the problem of water pollution on a number of different fronts.
>Its primary reliance, however, is on establishing restrictions on the
>types and amounts of pollutants discharged from various industrial,
>commercial, and public sources of wastewater.
> Direct dischargers must comply with effluent limitations and new
>source performance standards. These limitations and standards are
>established by regulation for categories of industrial dischargers and
>are based on the degree of control that can be achieved using various
>levels of pollution control technology. Permits authorizing discharges
>issued under the National Pollutant Discharge Elimination System must
>require compliance with these limitations and standards (CWA Sections
>301(b), 304(b), 306, 307(b)-(d), 33 U.S.C. 1311(b), 1314(b), 1316, and
>1317(b)-(d)). In the absence of national effluent limitations and new
>source performance standards, EPA must establish ``best professional
>judgement'' limitations and standards on a case-by-case basis before it
>may issue an NPDES discharge permit.
> Congress recognized that regulating only those sources that
>discharge effluent directly into the nation's waters would not be
>sufficient to achieve the CWA's goals. Consequently, the CWA requires
>EPA to promulgate nationally applicable pretreatment standards (for new
>and existing sources) which restrict pollutant discharges for those who
>discharge wastewater indirectly through sewers flowing to publicly-
>owned treatment works (POTWs) (Section 307 (b) and (c), 33 U.S.C.
>Sec. 1317 (b) and (c)). National pretreatment standards are established
>for those pollutants in wastewater from indirect dischargers which may
>pass through or interfere with POTW operations. Generally, pretreatment
>standards are designed to ensure that wastewater from direct and
>indirect industrial dischargers are subject to similar levels of
>treatment. In addition, POTWs are required to implement local treatment
>limits applicable to their industrial indirect dischargers to satisfy
>any local requirements (40 CFR 403.5).
>2. Statutory Requirements of Regulation
> As noted above, the CWA requires EPA to establish effluent
>limitations guidelines, pretreatment standards for new and existing
>sources performance standards. These guidelines and standards are
>summarized below:
>a. Best Practicable Control Technology Currently Available (BPT)--Sec.
>304(b)(1) of the CWA
> In the guidelines for a given industry category, EPA defines what
>are the BPT effluent limitations for conventional, priority, and non-
>conventional pollutants. In specifying BPT, EPA looks at a number of
>factors. EPA first
>
>[[Page 6394]]
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>considers the cost of achieving effluent reductions in relation to the
>effluent reductions obtained. The Agency next considers: the age of the
>equipment and facilities, the processes employed and any required
>process changes, engineering aspects of the control technologies, non-
>water quality environmental impacts (including energy requirements),
>and such other factors as the Agency deems appropriate (CWA
>304(b)(1)(B)). Traditionally, EPA established BPT effluent limitations
>based on the average of the best performances of facilities within the
>industry of various ages, sizes, processes or other common
>characteristics. Where, however, existing performance is uniformly
>inadequate, EPA may require higher levels of control than currently in
>place in an industrial category if the Agency determines that the
>technology can be practicably applied.
>b. Best Conventional Pollutant Control Technology (BCT)--Sec. 304(b)(4)
>of the CWA
> The 1977 amendments to the CWA required EPA to identify effluent
>reduction levels for conventional pollutants associated with BCT
>technology for discharges from existing industrial point sources beyond
>the effluent reductions achieved under BPT. In addition to other
>factors specified in Section 304(b)(4)(B), the CWA requires that EPA
>establish BCT limitations after consideration of a two part ``cost-
>reasonableness'' test. EPA explained its methodology for the
>development of BCT limitations in July 1986 (51 FR 24974).
> Section 303(a)(4) designates the following as conventional
>pollutants: biochemical oxygen demand (BOD<INF>5</INF>), total
>suspended solids (TSS), fecal coliform, pH, and any additional
>pollutants defined by the Administrator as conventional. The
>Administrator designated oil and grease as an additional conventional
>pollutant on July 30, 1979 (44 FR 44501).
>c. Best Available Technology Economically Achievable (BAT)--Sec.
>304(b)(2) of the CWA
> In general, BAT effluent limitations guidelines represent the best
>economically achievable performance of plants in the industrial
>subcategory or category. The factors considered in assessing BAT
>include the cost of achieving BAT effluent reductions, the age of
>equipment and facilities involved, the process employed, potential
>process changes, and non-water quality environmental impacts, including
>energy requirements. The Agency retains considerable discretion in
>assigning the weight to be accorded these factors.
>d. New Source Performance Standands (NSPS)--Sec. 306 of the CWA
> NSPS reflect effluent reductions that are achievable based on the
>best available demonstrated treatment technology. New facilities have
>the opportunity to install the best and most efficient production
>processes and wastewater treatment technologies. As a result, NSPS
>should represent the most stringent controls attainable through the
>application of the best available control technology for all pollutants
>(i.e., conventional, nonconventional, and priority pollutants). In
>establishing NSPS, EPA is directed to take into consideration the cost
>of achieving the effluent reduction and any non-water quality
>environmental impact and energy requirements.
>e. Pretreatment Standards for Existing Sources (PSES)--Sec. 307(b) of
>the CWA
> PSES are designed to prevent the discharge of pollutants that pass-
>through, interfere-with, or are otherwise incompatible with the
>operation of publicly-owned treatment works (POTW), including
>interfering with sludge disposal methods at POTWs. Pretreatment
>standards are technology-based and analogous to BAT effluent
>limitations guidelines.
> The General Pretreatment Regulations, which set forth the framework
>for the implementation of categorical pretreatment standard, are found
>at 40 CFR Part 403. Those regulations require POTWs to establish
>pretreatment standards to address local pass-through and establish
>pretreatment standards that apply to all non-domestic dischargers. See
>52 FR 1586, January 14, 1987.
>f. Pretreatment Standards for New Sources (PSNS)--Sec. 307(b) of the
>CWA
> Like PSES, PSNS are designed to prevent the discharges of
>pollutants that pass-through, interfere-with, or are otherwise
>incompatible with the operation of POTWs. PSNS are to be issued at the
>same time as NSPS. New indirect dischargers have the opportunity to
>incorporate into their plants the best available demonstrated
>technologies. The Agency consider the same factors in promulgating PSNS
>as it considers in promulgating NSPS.
>
>B. CWA Section 304(m) Requirements
>
> Section 304(m) of the Act (33 U.S. 1314(m)), added by the Water
>Quality Act of 1987, requires EPA to establish schedules for (1)
>reviewing and revising existing effluent limitation guidelines and
>standards (``effluent guidelines''), and (2) promulgating new effluent
>guidelines On January 2, 1990, EPA published and Effluent Guidelines
>Plan (55 FR 80), that included schedules for developing new revised
>effluent guidelines for several industry categories. One of the
>industries for which the Agency established a schedule was the
>``Hazardous Waste Treatment, Phase II'' Category. EPA subsequently
>changed the category name ``Hazardous Waste Treatment, Phase II'' to
>``Landfills and Incinerators.''
> Natural Resources Defense Council, Inc. (NRDC) and Public Citizen,
>Inc. challenged the Effluent Guidelines Plan in a suit filed in U.S.
>District Court for the District of Columbia (NRDC et al. v. Reilly.
>Civ. No. 89-2980). The district court entered a Consent Decree in this
>litigation on January 31, 1992. The Decree required, among other
>things, that EPA propose effluent guidelines for the ``Landfills and
>Incinerators'' category by December 1995 and take final action on these
>effluent guidelines by December 1997. On February 4, 1997, the court
>approved modifications to the Decree which revise the deadlines to
[SNIP]
C. Proposed Effluent Limitations for Existing Industrial Waste
Combustor Facilities That Discharge Wastewater to Navigable Waters
i. Best Practicable Control Technology Currently Available (BPT)
The Agency is proposing to establish BPT effluent limitations
guidelines for the Industrial Waste Combustors to control conventional,
priority, and non-conventional pollutants in the waste treatment
effluent. Table III.C-1 is a summary of the technology basis for the
proposed effluent limitations.
Table III.C-1.--Technology Basis for BPT Effluent Limitations
------------------------------------------------------------------------
Proposed subpart Technology basis
------------------------------------------------------------------------
444.................................... Primary Precipitation, Solid-
Liquid Separation, Secondary
Precipitation, Solid-Liquid
Separation, and Sand
Filtration.
------------------------------------------------------------------------
The BPT limitations would be based upon two stages of chemical
precipitation, each at different pH levels, each followed by some form
of separation and sludge dewatering. The first stage of chemical
precipitation is preceded by chromium reduction, when necessary. The
different pH levels would be selected so as to optimize the removal of
metals from the Industrial Waste Comubustor wastewater. The pollutants
controlled and the points of application are described in Section VI of
this notice.
ii. Best Conventional Pollutant Control Technology (BCT)
The EPA is proposing BCT effluent limitations guides for Total
Suspended Solids (TSS) for the Industrial Waste Combustor Industry. The
proposed BCT effluent limitations guidelines are equal to the proposed
BPT limitations for TSS. The development of proposed BCT effluent
limitations is further explained in Section VI of this notice.
iii. Best Available Technology Economically Achievable (BAT)
The Agency is proposing to set BAT effluent limitations guidelines
for the Industrial Waste Combustor Industry. These proposed limitations
are based on the same technologies proposed for BPT.
[[Page 6398]]
D. Proposed Pretreatment Standards for Existing Industrial Waste
Combustor Facilities That Discharge Wastewater into a POTW
Pretreatment Standards for Existing Sources (PSES)
For pollutants that pass-through or otherwise interfere with POTWs,
EPA is proposing to set PSES similar to the proposed BPT/BAT effluent
limitations for the Industrial Waste Combustors. Table III.D-1 is a
summary of the technology basis for the proposed effluent limitations.
PSES are further discussed in Section V of this notice.
Table III.D-1.--Technology Basis for PSES Effluent Limitations
------------------------------------------------------------------------
Proposed subpart Technology basis
------------------------------------------------------------------------
444.................................... Primary Precipitation, Solid-
Liquid Separation, Secondary
Precipitation and Solid-Liquid
Separation.
------------------------------------------------------------------------
Limitations and Standards for New Industrial Waste Combustor
Facilities
E. Proposed Effluent Limitations for New Industrial Waste Combustor
Facilities That Will Discharge Wastewater to Navigable Waters
New Source Performance Standards (NSPS)
EPA is proposing to set NSPS equivalent to the proposed BPT/BCT/BAT
effluent limitations for the Industrial Waste Combustor Industry. NSPS
are discussed in more detail in Section VI of this notice.
F. Proposed Pretreatment Standards for New Industrial Waste Combustor
Facilities That Will Discharge Wastewater into a POTW
Pretreatment Standards for New Sources (PSNS)
For pollutants that pass-through or otherwise interfere with POTWs,
EPA is proposing to set PSNS equivalent to the proposed PSES effluent
limitations. PSNS are further discussed in Section VI of this notice.
IV. Detailed Description of Industrial Waste Combustors
[SNIP]