National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works

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.

-----------------------------------------------------------------------

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]]

------------------------------------------------------------------------

Category Examples of regulated entities

------------------------------------------------------------------------

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.

------------------------------------------------------------------------

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