vvEPA
             United States
             Environmental Protection
             Agency
          Office of
          Solid Waste and
          Emergency Response
DIRECTIVE NUMBER:  9330.2-4

TITLE:

Discharge of Wastewater from CERCLA Sites Into POTWs
             APPROVAL DATE:
                         '
             EFFECTIVE DATE: APR I 5 S86

             ORIGINATING OFFICE: Office of Solid Waste

             0 FINAL

             D DRAFT

              STATUS:



             REFERENCE (other documents):
 OSWER      OSWER     OSWER
/£   DIRECTIVE   DIRECTIVE   Di

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&EPA
United States Environmental Protection Agency
Washington. DC 20460
OSWER Directive initiation Reauest
Originator Information
Name of Contact Person
Lead Office
D OERR
D OSW
LJ OUST
LJ OWPE
LA^AA-OSWER
Mail Code
WH-548E
Interim Directive Number
9330.2-4

Telephone Number
Approved for Review . .
Signature of Office Director
Date
'itle
   Discharge  of Wastewater from CERCLA  Sites Into  POTWs
Summary of Directive

   Memo  from OERR, OWPE,  OWEP to Waste and. Water  Management
   Division Directors  addressing the  concerns  and issues
   unique  to POTWs that  must be evaluated before  the discharge
   of  CERCLA wastewater  to POTWs.                                  *
                                                     *-                 -

    Keywords:  Superfund,  CERCIA, Clean Water Act, publicly-owned treatment works,
              POWS, wastewater, wastewater treatment
Type of Directive (Manual, Policy Directive. Announcement, etc.) Status
' D Draft O New
ULK Final LJ Revision
Does this Directive Supersede Previous Directive(s)? LJ Yes lyk>No Does It Supplement Previous Directives)? LJ Yes C3 N
If "Yes" to Either Question. What Directive (number, title)
Review Plan
QAA-OSWER O OUST
' LJ OERR O OWPE
D OSW t-J Regions
t
D OECM D Other (Specify)
D OGC .
D OPPE
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
^r^:^/o
Signature ofQJ»W8R Directives Officer
Date
Date .
 EPA Form 1315-17 (10-^5)

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                                                               9330
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                      WASHINGTON, D.C. 20460
                         APR  I5B86
MEMORANDUM

SUBJECT:  Discharge of Waste water from CERC

FROM:     Henry L. Longest II, Director
          Office of Emergency and Remedi

          Rebecca Hanmer, Director
          Office of Water Enforcement and Permits
          Gene A. Lucero, Director     c£ r\
          Office of Waste Programs Enforcement

TO:       Waste Management Division Directors
          Regions I - X

          Water Management Division Directors             >
          Regions I - X                                   -'


     A number of emergency removals and remedial cleanup actions
under CERCLA will involve consideration of publicly owned treat-
ment works (POTWs) for discharge of wastewater.  The current
off-site policy (issued on May 6, 1985) does not address the set
of concerns and issues unique to POTWs that must be evaluated
during the Remedial Investigation and Feasibility Study (RI/FS)
for discharge of CERCLA wastewater to POTWs.

     Recently, we have had meetings with  representatives of the
Association of Metropolitan Sewerage Authorities (AMSA) to discuss
technical and policy concerns related to  the POTW/CERCLA issue.
This memorandum is to highlight some of the major points under
consideration which were shared with AMSA at their recent Winter
Technical Conference.  The Agency intends to develop policy on
the use and selection of POTWs for CERCLA wastewater.  Your
comments are sought on the proposed criteria set forth herein.
These criteria may be useful in evaluation of POTWs for response
actions (fund financed or responsible party financed) to be taken
in the interim.

     Our position is that no CERCLA discharges to a POTW should
occur unless handled in a manner demonstrated to be protective
of human health and the environment.  Full compliance with all
applicable requirements of the Clean Water Act (CWA), the
Resource Conservation and Recovery Act (RCRA), and any other
relevant or appropriate environmental statutes will be necessary .

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                                                               9330
                               - 2 -
      The national pretreatment program, under the Clean Water Act,
 requires an analysis to determine whether the discharge of an
 industrial user of a POTW may pass through the POTW to cause
 receiving water quality problems or may interfere with POTW
 operations (including sludge disposal).  If the analysis suggests
 that limits on the industrial user's discharge are needed to pre-
 vent pass through or interference, local limits or other safe-
 guards, as necessary, must be established by the POTW and/or the
 NPDES permitting authority.  The national pretreatment program
 requirements apply to the introduction of all non-domestic
 wastewater into any POTW, and include, among other things, the
 following elements:

      o  Prohibited discharge standards - prohibit the intro-
         duction of pollutants to the POTW which are ignitable,
         corrosive, excessively high in temperature, or which
         may cause interference or pass through at the POTW.

      o  Categorical discharge standards - include specific pre-
         treatment standards which are established by EPA for the
         purpose of regulating industrial discharges in specific
         industrial categories.

      o  Local limits - where no categorical standards have been
         promulgated or where more stringent controls are necessary

      POTWs under consideration as potential receptors of CERCLA
 wastewaters may include those POTWs either with or without an
 approved pretreatment program.  POTWs with an approved pretreat-
 ment program are required to have the mechanisms, necessary to
 ensure compliance by industrial users with applicable pretreatment
 standards and requirements.*  POTWs without an approved pretreat-
 ment program must be evaluated to determine whether sufficient
 mechanisms exist to allow the POTW to meet the requirements of
 the national pretreatment program in accepting CERCLA. wastewaters.
 As noted above, pass through and interference are always prohibite
 regardless of whether a POTW has an approved pretreatment program
 POTWs without an approved pretreatment program must therefore
 have mechanisms which are adequate to apply the requirements of
 the national pretreatment program to specific situations.
*POTWs with approved pretreatment programs must, among other
 things, establish procedures to notify industrial users (lUs)  of
 applicable pretreatment standards and requirements, receive and
 analyze self-monitoring reports from lUs, sample and analyze
 industrial effluents, investigate noncompliance, and comply with
 public participation requirements.

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                                                               9330.2-4
                               -3-


    Determination of a POTW's ability to accept CERCLA wastewater
as an alternative to on-site treatment and direct discharge to
receiving waters must be made during the Remedial Investigation/
Feasibility Study (RI/FS) process.  During the remedial alternatives
analysis, the appropriateness of using a POTW must be carefully
evaluated.  Water Division officials and their state counterparts
should participate in the evaluation of any remedial alternatives
recommending the use of a POTW, and should concur on the selection
of the POTW.

     If an alternative considers the discharge of wastewater from
a CCRCLA site into a POTW, the following points should be evaluated
in the RI/FS prior to the selection of the remedy for the site:

     o  The quantity and quality of the CERCLA wastewater and its
        compatibility with the POTW (The constituents in the
        CERCLA wastewater must not cause pass through or inter-
        ference, including unacceptable sludge contamination or
        a hazard to employees at the POTW; in some cases, control
        equipment at the CERCLA site may be appropriate in order
        to pretreat the CERCLA discharge prior to introduction to
        the POTW).

     o  The ability (i.e., legal authority, enforceable mechanisms,
        etc.) of the POTW to ensure compliance with applicable
        pretreatment standards and requirements, including monitor-
        ing and reporting requirements.

     o  The POTW's record of compliance with its NPDES permit
        and pretreatment program requirements to determine if
        the POTW is a suitable disposal site for the CERCLA waste-
        water.
                                                                 »

     o  The potential for volatilization of the wastewater at the
        CERCLA site and POTW and its impact upon air quality.
                                                     •

     o  The potential for groundwater contamination from trans-
        port of CERCLA wastewater or impoundment at the POTW, and
        the need for groundwater monitoring.

     o  The potential effect of the CERCLA wastewaters upon the
        POTW*s discharge as evaluated by maintenance of water
        quality standards in the POTW's receiving waters,
        including the narrative standard of "no toxics in toxic
        amounts"•

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                                                               9330.2-4

                              - 4 -
     o  The POTW's knowledge of and compliance with any applicable
        RCRA requirements or requirements of other environmental
        statutes (RCRA permit-by-rule requirements may be trig-
        gered if the POTW receives CERCLA wastewaters that are
        classified as "hazardous wastes" without prior mixing
        with domestic sewage, i.e., direct delivery to the POTW
        by truck, rail, or dedicated pipe; CERCLA wastewaters are
        not all necessarily considered hazardous wastes; case by
        case determinations have to be made).

     o  The various costs of managing CERCLA wastewater, including
        all risks, liabilities, permit fees, etc. (It may be
        appropriate to reflect these costs in the POTW's connection
        fees and user charge system).

     Based upon consideration of the above elements, the discharge
of CERCLA wastewater to a POTW should be deemed inappropriate if
the evaluation indicates that:

     o  The constituents in the CERCLA discharge are not com-
        patible with the POTW and will cause pass through, inter?
        ference, toxic pollutants in toxic amounts in the POTW's:
        receiving waters, unacceptable sludge contamination, or a
        hazard to employees of the POTW.

     o  The impact of the transport mechanism and/or discharging of
        CERCLA wastewater into a POTW would result in unacceptable
        impacts upon any environmental media.

     o  The POTW is determined to be an unacceptable receptor
        of CERCLA wastewaters based upon a review of the POTW's
        compliance history.
                                                                 f
     o  The use of the POTW is not cost-effective.

     If consideration of the various elements indicates that the
discharge of CERCLA wastewater to a POTW is deemed appropriate:

     o  There should be early public involvement, including
        contact with POTW officials and users, in accordance
        with the CERCLA community relations plan and public
        participation requirements.

     o  The NPDES permit and fact sheet may need to be modified
        to reflect the conditions of acceptance of CERCLA waste-
        waters; permit modification may be necessitated by the
        need to incorporate specific pretreatment requirements,
        local limits, monitoring requirements and/or limitations
        on additional pollutants of concern in the POTW's dis-
        charge or other factors.

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                                                                933


                               -5-


     Policy to be developed in the future will apply to all
removal, remedial, and enforcement actions taken pursuant to
CERCLA and Section 7003 of RCRA.  We would appreciate your feed-
back on this memorandum and any experience in the use of POTWs
for CERCLA removal or remedial actions that you have to offer.

     If you have any comments or questions on this issue, please
submit written comments to the workgroup co-chairs:  Shirley Ross
(FTS-382-5755) from the Office of Emergency and Remedial Response,
or Victoria Price (FTS-382-5681) from the Office of Water.

cc:  Ed Johnson
     Russ Wyer
     Tim Fields
     Steve Lingle

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