There are three major reasons POTWs should consider when planning P2 programs:
1. Sustainability
2. Regulatory incentives (including Storm Water Regulations)
3. Human health and environmental reasons
Sustainability
POTWs are overwhelmingly organized as agencies of local government (often as
a department within a city or municipality, but in some cases as independent
agencies or authorities). Their operations are funded out of usage fees and
tax revenues. Capital funding for major construction projects can be raised
through bond issues, typically requiring voter approval. A federal program,
the Clean Water State Revolving Fund (CWSRF), established to help local systems
comply with the Clean Water Act, has provided nearly $30 billion in low interest
loans for projects throughout the country.
Pollution prevention programs can enable POTWs to survive the increasing demands
of urbanization and population growth. This occurs because of:
•Reduction in toxics in
the waste stream leads to cost savings;
• Reduction in material usage and waste generation leads to cost savings;
• Cleaner facilities result in fewer lost time incidents and other worker-related
injuries;
• Regulatory flexibility leads to reduced environmental compliance costs
and overall operating expenses
Regulatory Incentives
• Clean Water Act (CWA)
• 40 CFR Part 403
• National Pretreatment
Program
• Other Federal and State
Regulations
Water pollution standards have become increasingly stringent since adoption
of two major Federal environmental statutes: the Clean Water Act of 1972, which
implemented a national system of regulation on the discharge of pollutants;
and the Safe Drinking Water Act of 1974, which established standards for drinking
water. Industrial facilities sending their wastes to municipal treatment plants
must meet certain minimum standards to ensure that the wastes have been adequately
pretreated and will not damage municipal treatment facilities. Municipal water
treatment plants also must meet stringent drinking water standards. The list
of contaminants regulated by these statutes has grown over time. For example,
the 1996 Safe Drinking Water Act Amendments include standards for the monitoring
of cryptosporidium and giardia, two biological organisms that cause health problems.
Clean Water Act (CWA)
The primary goal of the CWA is to protect, restore, and maintain the chemical,
physical and biological integrity of the waters of the United States. One interim
goal of the act is to return the nation's water to conditions deemed "fishable
and swimmable." All discharges into the waters of the United States, publicly
owned treatment works, storm water discharges, and storm sewers are covered
under this act. Direct discharge to any surface water requires a National Pollutant
Discharge Elimination System (NPDES) permit.
Discharge to a publicly owned treatment work (POTW) does not require a NPDES
permit, but will require an industrial user permit which is issued by the local
water treatment operator. The general pretreatment requirements prohibit the
following:
1) pollutants that create a fire hazard in the POTW;
2) pollutants that will cause corrosive damage to the POTW;
3) pollutants (solid or viscous) in amounts that will obstruct flow in the POTW;
4) any pollutant released at a flow rate or concentration that interferes with
the POTW operations (this includes oxygen-demanding pollutants);
5) effluents at a temperature that will inhibit biological activity in the POTW;
6) petroleum oils, non-biodegradable cutting fluid, or mineral oil products
which will pass through the POTW or interfere with performance of chemicals
in the POTW;
7) pollutants that result in toxic fumes within the POTW; and
8) any trucked or hauled pollutants.
Facilities are also required to notify the POTW within 24 hours if any violations
of the pretreatment requirements occur. Often state or local governments have
additional reporting requirements, which should be addressed prior to discharge.
Often, an NPDES permit is required even if no wastewater is produced onsite.
A permit will be necessary if any storm water comes into contact with industrial
activity or construction activity. This contact includes any handling equipment
or activities, raw materials, intermediate products, final products, or industrial
machinery exposed to storm water that drains to a storm sewer system or directly
to receiving waters. Note that a storm water permit is not required for municipal
systems that have combined wastewater and storm water systems, but the POTW
should be informed that industrial storm water will be entering the sewers.
General PT Regulations (40 CFR Part 403)
• Objectives: prevent pass through and interference (including preventing
interference with sludge use and disposal); promote beneficial re-use of effluents
and sludge. (See 403.2)
• National prohibited discharge standards: temperature, pH, explosive,
etc. (See 403.5)
• Application of national categorical pretreatment standards (See 403.6)
• Requirements for State and local Publicly Owned Treatment Works (POTW)
programs (See 403.8(f) and 403.10)
• Reporting requirements for POTWs and Industrial Users (IU) (See 403.12)
• Other requirements (e.g., FDF variances, net/gross adjustments) (See
403.13 -403.17)
• Categorical Pretreatment Standards (40 CFR Parts 405 - 471)
National Pretreatment Program
Q: What is the National Pretreatment Program?
A: The National Pretreatment Program is designed to reduce the amount
of pollutants discharged by industry and other non-domestic wastewater sources
into municipal sewer systems, and thereby, reduce the amount of pollutants released
into the environment from publicly owned wastewater treatment plants. The program
is a cooperative effort of federal, state, and local regulatory environmental
agencies established to protect water quality. The objectives of the program
are to protect the Publicly Owned Treatment Works (POTW) or municipal wastewater
treatment facility from pollutants that may interfere with plant operation or
pass through the plant untreated and to improve opportunities for the POTW to
reuse treated wastewater and sludge (biosolids) that are generated. The term
"pretreatment" refers to pollutant control requirements for nondomestic
sources discharging wastewater to sewer systems that are connected to POTWs.
Limits on the amount of pollutants allowed to be discharged are established
by EPA, the State, or the local authority. Pretreatment limits may be met by
the industry through pollution prevention (e.g., production substitution, recycling
and reuse of materials) or treatment of the wastewater.
Q: Under what Statutory Authority is the Pretreatment Program Administered?
A: The National Pretreatment Program's authority comes from section
307 of the Federal Water Pollution Control Act (more commonly referred to as
the Clean Water Act). The federal government's role in pretreatment began with
the passage of the Clean Water Act in 1972. The Act called for EPA to develop
national pretreatment standards to control industrial discharges into sewerage
systems.
Q: Are there any prescribed National Standards for Pretreatment?
A: There are two sets of standards: "categorical Pretreatment
Standards" and "Prohibited Discharge Standards." These are uniform
national requirements which restrict the level of pollutants that may be discharged
by nondomestic sources to sanitary sewer systems. All POTWs that are required
to implement a Pretreatment Program must enforce the federal standards.
Q: What are Categorical Pretreatment Standards?
A: These are technology-based limitations on pollutant discharges to
POTWs promulgated by EPA in accordance with Section 307 of the Clean water Act
that apply to specified process wastewaters of particular industrial categories
[see 40 CFR 403.6 and 40 CFR Parts 405- 471]
Q: What are Prohibited Discharge Standards?
A: These are standards that prohibit the discharge of wastes that pass
through or interfere with POTW operations (including sludge management). These
are the general prohibitions. There are also specific prohibitions that forbid
the discharge from all nondomestic sources certain types of wastes that
1) create a fire or explosion hazard in the collection system or treatment plant,
2) are corrosive , including any discharge with a pH less than 5.0, unless the
POTW is specifically designed to handle such wastes,
3) are solid or viscous pollutants in amounts that will obstruct the flow in
the collection system and treatment plant, resulting in interference with operations,
4) any pollutant discharged in quantities sufficient to interfere with POTW
operations, and
5) any discharge with temperatures above 140 F (40 C) when they reach the treatment
plant, or hot enough to interfere with biological processes.
Other Federal and State Regulations
Community Right-to-Know
If you calculated 10,000 pounds or more annual usage of any of the TRI-listed
chemicals or other hazardous substances you may have a responsibility to report
those chemicals. This report is required by July 1 of each year for the chemical(s)
used in the previous calendar year.
• Emergency Planning and Community Right-to-Know Act (EPCRA)
requires industry to provide information to the public concerning the presence
and release of toxic and hazardous chemicals. EPCRA is a reporting requirement,
not a P2 law, but it does drive P2 because of the publicity it generates relative
to an industry's environmental policies
Occupational Safety and Health Administration Act
Under OSHA, employers (regardless of size) are required to meet several standards
which will maintain a safe and healthful workplace. The "general duty clause"
of OSHA states that "a place of employment which is free from recognized
hazards that are causing or are likely to cause death or serious physical harm"
must be provided to the employee. Section 1910.1200 of OSHA is the hazard communication
standard and requires employers to inventory, classify, and label all chemical
substances onsite that are considered to be "hazardous" to health
or have physical properties which are hazardous.
All employers must have a written program available to employees which includes
inspection, inventory, labeling, availability of material safety data sheets,
employee training, agency reporting, and record keeping systems. Employers of
fewer than 10 people may be exempt from the record-keeping systems only. Several
states have their own OSHA regulations. It will therefore be necessary for facilities
to contact their state agency to find their requirements.
Superfund (Comprehensive Environmental Response, Compensation, and
Liability Act) (CERCLA) & Superfund Amendments and Reauthorization Act (SARA)
Under the original Superfund, the EPA was authorized to undertake any measures
necessary to address any hazard to human health and the environment triggered
by burning, leaking, or explosion of hazardous substances, contamination of
food chains, or drinking water contamination.
Toxic Substances Control Act (TSCA)
Under TSCA, the EPA is given the authority to limit or prohibit the manufacture,
processing, distribution of disposal of a chemical substance which they have
determined poses a risk to human health or the environment. EPA will also gather
information on all risks associated with toxicity to all new and existing chemicals.
Section 4 is the authorization for the EPA to require testing of chemical substances
or mixtures they determine could be a risk to human health or the environment.
Section 5 grants the EPA the right to test all new chemical substances to determine
their toxicity and subsequent risk 90 days before manufacturing, processing
or importing said chemical. Section 6 is the official notification that the
EPA may regulate the manufacture, processing, distribution in commerce, and
the use and disposal of any chemical substance determined to be toxic. Section
8 is the requirement for all users and manufacturers to keep records and submit
reports to the EPA.
Hazardous waste minimization was first endorsed in 1984 RCRA
(Resource Conservation and Recovery Act) reauthorization (HSWA)
which
• Introduced P2 by stipulating that generators must have a P2 plan, and
• Stated that reduction or elimination of hazardous wastes should take
priority over waste management after generation
Pollution Prevention Act of 1990 is the chief legislation
concerning P2, however, it
• Does not mandate P2, but does require industry to establish a P2 plan,
• Establishes source reduction as the preferred means of environmental
management, and
• Requires industry to annually report their P2 and recycling practices
Link here for more detail regarding:
Storm Water Regulations
State Storm Water Regulations Versus Federal Storm Water Regulations
Human Health and Environmental Reasons
The health and environmental impacts of pollutants in water systems is well-documented.
Examples include Mercury and Fecal Coliform Bacteria.
Mercury is a pervasive problem in many of the Nation’s rivers, estuaries,
and lakes, and is a prime example of the type of transformation a substance
can undergo when it enters an aquatic environment. According to EPA's Ambient
Water Quality Criteria for Mercury, certain microorganisms convert inorganic
and organic forms of mercury into highly toxic methylmercury or dimethylmercury
forms, and therefore "any form of mercury is highly hazardous to the environment."
Research has shown that predatory fish in acidified bodies of water have elevated
levels of methylmercury in their tissues, indicating that while biological processes
within an aquatic system affect rates of methylation, the system's chemical
conditions affect methylation as well. Since seemingly innocuous forms of mercury
can be readily converted to methylated forms, mercury poses a serious threat.
(Lewis).
Methylmercury is highly persistent, accumulates in fat tissues, and is passed
through the food chain such that it often reaches the highest concentrations
in top-level predators. In other words, methyl-mercury is readily passed from
small fish and shellfish to predatory fish, birds, and other animals, including
man. This process was responsible for 1,800 cases of mercury poisoning in Kyushu,
Japan, the result of the discharge of methylmercury from chemical factories
into Minamata Bay. Human symptoms of "Minamata disease" included hearing
loss, speech disturbances, constricted vision, and other neurological disorders
such as disruptions in the physical and mental development of babies whose mothers
regularly consumed contaminated fish. In laboratory studies, cats and rats fed
shellfish from the Bay behaved much as they and other animals did in nature
when methylmercury accumulated beyond the given species' threshold points, they
became intoxicated. They behaved erratically and died. (Lewis)
Fallen leaves, animal wastes, run-off waters from croplands, parking lots, or
forest floors all these things are potential pollutants when they enter a stream.
Many of these natural substances, and many which occur less naturally such as
pesticides, household chemicals, and industrial wastes can be utilized by one
or more organisms, metabolized or broken down by fungi and bacteria, and often,
converted into simpler forms. On the other hand, these same foreign substances
could cause a change in the pH or chemical composition of a given water system
and create a harmful situation, or they could be transformed by biological or
chemical processes, becoming more or less soluble, or being converted into forms
which are more toxic to organisms in the river or stream. Simply stated, what
is easily accommodated by a stream with one set of natural characteristics may
be harmful to a stream with a different make-up. (Lewis)
To complicate matters, different organisms vary in their susceptibilities
to various chemical concentrations at different stages of their life cycles:
What is considered a toxic dose to an infant may be harmless to an adult. (Lewis)
Fecal Coliform Bacteria presents a serious health challenge
for POTWs. In many communities, water-based recreation is impaired by high levels
of bacteria. This results from increases in raw sewage discharges into waterways.
Albert Slap of the University of Cincinnati College of Law reports approximately
40,000 overflows of raw sewage per year. There are an estimated 400,000 occurrences
of backups of raw sewage into residential homes and between 1.8 and 3.5 million
Americans become sick every year from swimming in polluted waters. The Center
for Disease Control estimates that as many as 900 people die each year from
waterborne infections from inadequately treated sewage.
Additional information can be found at:
PROMOTING POLLUTION PREVENTION AMONG DISCHARGERS TO POTWs
Pollution Prevention Handbook: Sewage and Wastewater Treatment Plants
http://www.p2pays.org/ref/07/06631.pdf
Sources:
Lewis, Barry. Pollution in Our Surface Waters: Where Does it Come From? What
Does it Mean? Academy of Natural Sciences. December, 1995.
Pacific Northwest Pollution Prevention Resource Center. http://www.pprc.org/
Slap, Albert J. Adjunct Professor at Law. University of Cincinnati College
of Law. “Wet Weather Public Sewer Issues Under Federal Clean Water Act.”