United States
Environmental Protection
Agency
Office of Water
(WH-595)
EPA/430/09-89/008
September 1989
5 EPA
crM
Overview Of Selected
EPA Regulations And
Guidance Affecting
POTW Management
Printed on Recycled Paper
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EPA 430/09-89/008
Overview Of Selected
EPA Regulations And
Guidance Affecting
POTW Management
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Office of Water
Office of Municipal Pollution Control
Municipal Facilities Division
Washington, DC 20460
September, 1989
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Acknowledgements
Material in this document was prepared under contract numbers 68-03-3314.
work assignment number 2-9 and significantly revised under contract number
68-C8-0014, work assignment number 1-15 under the direction of Irene Homer of
EPA's Office of Water, Office of Municipal Pollution Control. Staff from several
EPA offices provided valuable comments on and extensive input to drafts of the
document. Special appreciation is extended to the following individuals for their
participation in the document's preparation:
• Lam Lim, Bob Bastian, Atal Eralp, and Eric Cohen of the Office of
Municipal Pollution Control.
• Rick Brandes, Paul Connor, Desiree Di Mauro, Katherine Dowell,
Marilyn Goode, Martha Segall, and Jim Taft of the Office of Water
Enforcement and Permits.
• Alan Rubin, Edwin Drabowski, and Marvin Rubin of the Office of Water
Regulations and Standards.
• Kathleen Bishop of the Office of Solid Waste and Emergency Response.
• Ivette Vega and Hubert Walters of the Office of Emergency and Remedial
Repsonse.
• Bob Lucas of the Office of Air Quality Planning and Standards.
• David Hindin of the Office of Enforcement and Compliance Monitoring.
• Roland DuBois, Randolph Hill, and Ruth Bell of the Office of General
Counsel.
• Severl staff members of the RCRA Superfund Hotline.
The information in this document is meant only as a summary of some of the
regulations and guidance that may apply to publicly owned treatment works
(POTW) operations. This document does not provide a comprehensive overview
of applicable federal requirements. Use of this document should not replace
reference to official regulations as published in the Federal Register or the Code
of Federal Regulations or to other more specific guidance documents. Also, the
reader should be aware tha EPA continuously updates and revises its regulations
in response to statutory amendments or to improve its regulatory program. Final-
ly, POTWs are reminded that the Clean Water Act allows states and municipali-
ties to impose more stringent requirements on National Pollutant Discharge
Elimination System (NPDES) permittees than are required under federal law.
Therefore, EPA suggests that the reader contact the appropriate authorities to get
sources or detailed guidance for specific situations.
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CHAPTER 1
Introduction
Each day billions of gallons of domestic, com-
mercial, and industrial wastewaters contaminated with
a variety of pollutants flow through the sewers to
more than 15,000 publicly owned treatment works
(POTWs) serving the nation's cities and towns. These
POTWs remove pollutants and discharge the treated
water to rivers, bays, lakes, ground water, or the
ocean. POTWs may then dispose of the residues (typi-
cally sludges) of the treatment processes (e.g., by
incineration or landfilling), or use them in beneficial
reuse/recycling activities, such as compost to condi-
tion soil. POTWs have been regulated for many years
by several federal environmental statutes designed to
control effluent discharges and sludge disposal
practices.
As our knowledge about the health and environ-
mental impacts of water pollution, hazardous waste,
air pollution, and toxic chemicals has increased. Con-
gress has revised these laws, frequently expanding
their scope, and passed additional legislation to pro-
tect public health and the environment. EPA and the
states now regulate POTWs under several environ-
mental laws, including:
• The Clean Water Act (CWA). The CWA and its
associated regulations are designed to ensure that
our nation's water bodies are pure enough to sup-
port the goals of the Act. The goals of the CWA
are to eliminate the discharge the pollutants into
navigable waters and, in the meantime, to pro-
vide for protection and propagation of fish, shell-
fish, and wildlife and recreation. These goals
may be achieved through installation of appropri-
ate technology and management practices of effi-
cient reuse and reclamation of wastewater. Under
the CWA, states establish water quality standards
that specify the uses for the water bodies, criteria
for pollutants to protect those uses, and policies
to protect water quality and prevent its degrada-
tion. POTWs must obtain National Pollutant Dis-
charge Elimination System (NPDES) permits.
which specify the permissible concentrations or
levels of contaminants in their effluent. EPA and
the states use the NPDES permitting system to
implement secondary treatment requirements and
any more stringent limitations necessary to attain
water quality standards. In addition to pollution
control levels required by federal regulations,
states may require that POTWs meet additional,
more stringent controls (which are then incorpo-
rated into the NPDES permits) in order to
achieve the state's own water quality standards.
Also under the CWA, POTWs with a total design
flow exceeding 5 million gallons per day (mgd)
or less than 5 mgd where necessary to prevent
interference and pass-through) must establish
pretreatment programs. Under these programs,
POTWs must regulate industries and other non-
domestic sources discharging into municipal
sewers. In addition, POTWs are subject to regu-
lations developed under the CWA governing
sludge use disposal.
• The Resource Conservation and Recovery Act
(RCRA). RCRA sets forth a comprehensive sys-
tem for regulating both hazardous and non-
hazardous solid wastes. Under RCRA, EPA has
established regulations to define and control
hazardous waste from the moment the waste is
generated until its ultimate disposal. EPA regula-
tions include requirements for generators, trans-
porters, and facilities that treat, store, and/or
dispose of hazardous waste. Under RCRA,
POTWs first must determine if they are regulated
(i.e., if they receive or generate regulate waste).
and if so, follow specific requirements for han-
dling their waste. In addition to hazardous
wastes, underground storage tanks and sludge
disposal in municipal solid waste landfills are
regulated under RCRA.
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The Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
CERCLA or "Superfund" provides broad federal
authority to respond directly to releases or threa-
tened releases of hazardous substances. This law
also provides for the cleanup of inactive or aban-
doned hazardous waste sites. Under CERCLA,
EPA assesses the nature and extent of contamina-
tion at a site, determines the public health and
environmental threats posed by a site, analyzes
the potential cleanup alternatives, and takes ac-
tion to clean up the site, analyzes
CERCLA hazardous substances in effluent at
levels that equal or exceed NPDES permit limita-
tions, or for which no specific limitations exist,
or in spills or other releases, may be subject to
the notification requirements and liability provi-
sions under CERCLA. In addition, POTWs that
disposed of sludge in impoundments or landfills
that are Superfund sites may be required to pay
for cleanup of those sites. At times, POTWs may
be requested to accept wastewaters from Super-
fund cleanup activities. If discharge of CERCLA
wastewaters to a POTW is deemed appropriate,
the discharger must ensure compliance with sub-
stantive and procedural requirements of the
national pretreatment program and all local
pretreatment regulations before discharging
wastewater to the POTW.
The Superfund Amendments and Reauthori-
zation Act (SARA). This law, when amended
CERCLA, also established in Title III a new pro-
gram to increase the public's knowledge of and
access to information on the presence of
hazardous chemicals in their communities and
releases of these chemicals into the environment.
Title III requires facilities, including POTWs, to
notify state and local officials if they have ex-
tremely hazardous substances present at their fa-
cilities in amounts exceeding certain "threshold
planning quantities." If appropriate, the facility
must also provide material safety data sheets
(MSDSs) on hazardous chemicals stored at their
facilities, or lists of chemicals for which these
data sheets are maintained, and report annually
on the inventory of these chemicals used at their
facility. The law may also require certain POTWs
to submit information each year on the amount of
toxic chemicals released by the facilities to all
media (air, water, and land), if they fall within
Standard Industrial Classification Codes 20 to 39
and meet certain threshold limits.
• The Clean Air Act (CAA). Under this statute,
EPA sets standards for the quality of ambient air
and regulates sources of pollution that may affect
air quality. The CAA requires states to set up
programs (i.e., State Implementation Plans
[SIPs]) to ensure that air quality standards are
achieved and maintained. EPA has established
National Ambient Air Quality Standards
(NAAQS) for several classes of pollutants, as
well as national emissions standards for both sta-
tionary and mobile sources of air pollution. POTWs
that incinerate sludge, or that operate boilers,
sludge dryers, or other sources of air pollution,
may be regulated by EPA programs for New
Source Review. New Source Performance Stan-
dards (NSPS), and National Emissions Standards
for Hazardous Air Pollutants (NESHAPs).
• The Toxic Substances Control Act (TSCA).
TSCA regulates the manufacture, use, and dis-
posal of toxic substances. TSCA authorizes EPA
to control the risks from over 65,000 existing
chemical substances, as well as the risks from the
use of new chemicals, POTWs may be regulated
under TSCA if they accept wastewaters contami-
nated with polychlorinated biphenyls (PCBs) or
certain other toxic chemicals.
This booklet is designed to familiarize POTW
owners and operators with the environmental laws and
requirements that may apply to their operations.
Figure 1 summarizes some of the potential sources
that may be subject to the above statutes, at each stage
of a POTWs operations.
• Chapter 2. Influent Wastes, discusses require-
ments for managing and treating wastes that enter
the sewage treatment plant.
• Chapter 3. Effluent Discharges, describes ap-
plicable regulatory programs for controlling the
discharge of effluents to the environment.
• Chapter 4, Sewage Sludge Use and Disposal,
summarizes current and pending regulations for
controlling sludge use and disposal practices.
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COMMERCIAL
ESTABLISHMENTS
iCWA)
Stormwater intake
(CWA)
Combined sewer overflow (CWA> v&
Sludge incineration, boilers.
air emissions (CAA)
Transport of sludge offsite
for treatment or disposal "
(CWA, possibly RCRA,
CERCLA, TSCA)
'Sludge storage
(possibly RCRA)
Influent wastewaters
(nondomestic wastewaters
subject to categorical
pretreatment standards)
Chemical storage
SARA)
Oil storage and spills (CWA)
INDUSTRY
(Categorical pretreatment
standards for 34
industries; local
pretreatment Mograms)
Dedicated pipeline, rail,
or truck (possibly RCRA
permit-by-rule or CERCLA)
Transport o( wastewatet
to POTW for treaftMM
(CWA, possibly RCRA
permit-by-rule or CERCLA)
fin
Waste storage, herbicide
and pesticide wastes
(possibly RCRA)
Underground
Storage Tanks (RCRA)
Spills
(possibly RCRA,
CERCLA, SARA)
Effluent discharge
(CWA, possibly
CERCLA)
Construction (NEPA)
POTW
Figure 1. Activities and Sources of Pollutants Potentially Subject to EPA Regulations.
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3 Chapter?. Other Pollution issues, discusses
everai additional environmental laws unaer
vhich discrete oonions or a POTW-. iterations
;nav ne reauiatea.
i Appendix A is a glossary of commonly usea ao-
breviations.
a Appendices 6 andC list sources of further infor-
mation on pollution issues that at'fect POTWs.
Throughout this document, citations are provided
-,0 the reaaer can seek out additional, more detailed
information about the laws and regulations that apply
to their operations.
This document summarizes the current federal
>aws and regulations onlv. Most federal legislation.
:x-iuding tne environmental laws summarized in this
booklet, encourage or require states to develop and
un their own regulatory programs as an alternative to
urea EPA management. Thus, in a given state, the
.nvironmental programs described in this document
r.av be run bv EPA or by a state agency, or by both (if
.ot ail portions or the state program meet the federal
cauirementsi. For a state to have control over its own
Tograms. it must receive approval from EPA by
nowmg that us programs are at least as stringent as
:he EPA program. POTW owners and operators
hould consult their state and local regulatory agen-
cies for additional help and information on state and
ocal requirements.
~here are no copyright restrictions limiting tne
-'Droauction ot this government publication. Federal
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CHAPTER 2
Influent Wastes
Pollutants can be generated by a POTW or can
reach a POTW through the sewer system, a dedicated
pipe, a ship or barge, a truck, or rail bulk loads.
Some of these pollutants may be toxic or hazardous.
Potential sources of hazardous pollutants include
industrial discharges (including illegal dumping of
toxic wastes), septage, sewage containing household
pesticides and cleaning wastes, wastes from hazardous
waste site cleanups (for example, landfill leachate,
contaminates runoff, or polluted ground water), sur-
face runoff from agricultural land, stormwater, wastes
from POTW machinery operations (for example, used
oil and chlorine), and POTW groundskeeping chemi-
cals (for example, pesticides and herbicides).
2.1 CWA Pretreatment Programs
Pretreatment programs are designed to eliminate
the serious problems posed when toxic pollutants are
discharged into sewage systems. The federal govern-
ment's role in pretreatment began with the passage of
the Clean Water Act (CWA) in 1972. The Act called
for EPA to develop national pretreatment standards to
control industrial discharges into sewage systems.
The overall framework for the National Pretreat-
ment Program is contained in the General Pretreat-
ment Regulations (40 CFR 403) that EPA published
in 1987 and modified in subsequent rulemakings.
These regulations apply to all 15,000 POTWs nation-
wide, and include three national pretreatment stan-
dards: prohibited discharge standards, categorical
standards, and local limits. The regulations also re-
quire all POTWs designed to accommodate flows of
more than 5 mgd and smaller POTWs with significant
industrial discharges (about 1,500 POTWs) to estab-
lish local pretreatment programs to further increase
compliance with national standards.
2.1.1 Local Pretreatment Programs
A local pretreatment program must have certain
essential elements in order to be approved. The
POTW must have adequate legal authority to imple-
ment its approved program. This legal authority is
based on state law and local ordinances. State law
authorizes the municipality to regulate industrial users
of municipal sewage systems. This municipality, in
turn, establishes a local ordinance that sets forth the
components of its pretreatment program and identifies
the director as the person empowered to implement
the program.
The legal authority granted by state and/or local
law must authorize the POTW to implement and
enforce the requirements of the National Pretreatment
Program, including national pretreatment standards,
and to develop and enforce local limits. Some of the
specific authorities that must be available to the
POTW include:
• Authority to control through permit, order, or
similar means the contribution to the POTW by
each industrial user to ensure compliance with
applicable pretreatment standards and re-
quirements.
• Authority to require the submission of all notices
and self-monitoring reports from industrial users
necessary to assess and assure their compliance.
• Authority to inspect and monitor industrial facili-
ties, and to take enforcement action against viola-
tors. Monitoring is necessary to ensure that
industrial facilities comply with applicable
pretreatment standards.
The POTW cannot rely solely on the information
supplied by dischargers in self-monitoring reports. It
must, therefore, conduct its own inspection and
monitoring activities. Municipal personnel periodical-
ly should visit (either unannounced or scheduled)
each industrial site to collect wastewater samples at
designated sampling locations within the facility.
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The authority to take enforcement action comes
into play when an industrial plant violates pretreat-
ment standards or requirements. The sewer authority
with an approved program must have the authority to
take immediate action to halt all discharges from a
facility when the discharge could threaten human
health or the environment, or interfere with the opera-
tion of the POTW. In less serious cases the POTW
will immediately inform the violator of the violation
and take necessary action, which may include addi-
tional monitoring of the facility's discharges. When
standards, compliance deadlines, or other require-
ments are not met, civil and/or criminal proceedings
may be initiated against the violator. In some cases,
violations can be handled without litigation. However,
the POTW may levy fines, seek injunctions, or take
other strong enforcement actions to bring the violat-
ing facility into compliance.
2.2 National Pretreatment
Standards
2.2.1 Prohibited Discharge Standards
The prohibited discharge standards forbid certain
types of discharges by any nondomestic sewer system
user, regardless of entry route. These standards apply
to all nondomestic POTW users, regardless of
whether they are covered by categorical pretreatment
standards. The general prohibitions in 40 CFR Part
403 forbid any discharges into the sewerage system if
they pass through the POTW untreated or if they in-
terfere with POTW operations. The terms "pass
through" and "interference" are defined in 40 CFR
403.3. The specific prohibitions in Part 403.5(b) out-
law the introduction into any POTW of:
• Pollutants that create a fire hazard or explosion
hazard in the collection system or treatment
plant.
• Pollutants that are corrosive, including any dis-
charge with a pH lower than 5.0 (unless the
POTW is specifically designed to handle such
discharges).
• Solid or viscous pollutants in amounts that will
obstruct the flow in the collection system and
treatment plant, resulting in interference with
operations.
• Any pollutant discharged in quantities sufficient
to interfere with POTW operations.
• Discharges with temperatures hot enough to
interfere with biological treatment processes at
the POTW, or above 104°F (40°C), when they
reach the treatment plant.
POTWs must enforce these general and specific
prohibitions as a condition for approval of their
pretreatment programs. EPA recently (Novmeber 23,
1988) proposed additional specific prohibitions for
flammables and used oil (53 FR 47632).
2.2.2 Categorical Standards
Federal categorical pretreatment standards regu-
late the level of pollutants that certain industries can
discharge to POTWs. Categorical pretreatment stan-
dards place restrictions on three classes of pollutants:
• Conventional pollutants, which include bio-
chemical oxygen demand, total suspended solids,
fecal coliform, oil and grease, and pH.
• Priority pollutants, which include one or more
of the designated 126 priority pollutants.
• Nonconventional pollutants, which are not in-
cluded in the above lists but that nevertheless
present a threat to the environment or to human
health.
Categorical pretreatment standards now exist for
34 industrial categories (40 CFR Parts 405-471).
Within each industrial category, EPA may have estab-
lished requirements for distinct industrial processes or
"subcategories." For example, the "battery manufac-
turing" industrial category refers to establishments
that manufacture all types of storage batteries. Within
that category, EPA has established pollutant discharge
limitations for six categories.
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.•.) set categorical pretreatment stanuarus tor an
p.dustry. EPA reviews environmental anu engineering
.!ata to determine the types and Quantities of effluents
.eneratea by that industry. EPA next identifies tne
-est available tecnnoiogy economically acnievaoie to
.ontroi the industry's effluents. EPA then analyzes tne
oertormance of this technology to determine how
much of each pollutant the technology can remove
from the effluent and sets numerical pollution control
limits based on the capabilities of available technolo-
gy. EPA does not require industries to use specific
;reatment processes to comply with the standards.
Rather, industries choose methods to meet the
tandards.
2.2.3 Local Limits
_v,cai ;i;n;is ^re local Jischarec limitations ^jve-
loped and enforced by POTWs to implement the
general and specific prohibitions and to protect the
POTW. Local limits are site-specific protections
necessary to meet pretreatmem objectives that are de-
veloped by the agencies in the best position to under-
stand local concerns— namely the POTWs.
The POTW develops local limits in three steps.
rirst. the POTW must identify sources and pollutants
'••i concern. Second, the POTW must calculate the
.:ilowaPie heauworK loadings. Finally, the POTW
niist allocate local limits to its industrial users.
n
-pecific chemicals or whole-effluent toxicitv.
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2.4 RCRA Hazardous Waste
Management
") determine if a POTW" is resuiateo ny EPA">
.?.CRA hazardous waste management program, a
~>OTW owner or operator must first determine 11 any
vaste generated, transported, treated, stored, or
.iisposea at by the facility is hazardous. According to
^CRA. hazaraous \vaste is a subcategory of solid
.vaste. ana solid waste can be a solid, a ^emi-soiid. a
iuuid. or a contained gas. This means that
vastewaters. Budges, used oil. unused herbicides, and
nher wastes treated or generated by POTWs may DC
regulated unaer EPA's hazardous waste manaeement
roszram n -ucn wastes meet the definition ot u RCRA
hazaraous waste.
1.4.1 Wastes Covered Under RCRA Regulation
Wastes are regulated as hazardous under RCRA
hased on their characteristics ("characteristic wastes")
or their designation in lists published by ERA ("listed
wastes") (40 CFR Pan 261). A waste is hazardous it it
exhibits one or more of the following four charac-
teristics:
1 i^nitabilitv. Ignitaole wastes can create fires
inder certain conditions. Examples include ii-
;uKis sucn as solvents mat readily eaten tire.
• <.i;m/.vmrv. L'orrosi\e wastes include :nose mat
.re r,!i:n!\ ..ciuic or nasic. :;aMna a ori :ess man
T cauai to I or greater tnan or euuai to 12.;.
i Reactivity. Reactive wastes are those that are un-
table under normal conditions, or can create
-\olosions and/or toxic gases, fumes, and vapors
vhen mixed with water.
a Toxicity. A waste is identified as exhibiting the
EPA toxicity characteristic through use of the E.x-
raction Procedure (EP) toxicity test. This test is
iesigneu to identity wastes likely to ieach
hazardous concentrations or particular toxic con-
-tituents into around water. During the proce-
dure, the waste is analyzed to aeterrtv.ne if it
possesses any of 14 toxic contaminants (certain
•netais ana oesticidesi. If the concentration of
:nv or the toxic constituents exceeds specified
eveis. tne waste is classified as hazardous. EPA
-. planning to t'maiize a revised toxicity test in
.489. This Foxicity Characteristic test will ana-
'y/e tor metals and more organic constituents
nan me existing test. Because the test identifies
nore organic constituents than the EP toxicity
:est. more POTW sludges may be singled out as
hazardous (EPA anticipates that only a few
POTWs will generate a hazardous sludge).
A waste also may be regulated as hazardous if it
appears on one of three EPA lists:
a Source-specific wastes. This list includes wastes
;\)in specific industries such as petroleum refm-
:ns and wood preserving. Sludges and
• .•iMtev.ater- irom irjutmcnt and production
processes in these industries are examples of
• ource-specific wastes.
i Consource-specific (or generic) wastes. This list
identifies wastes from common manufacturing
and industrial processes, such as solvents used in
aegreasing operations in any industry.
j Commercial chemical products. This list in-
.iudes specific discarded commercial chemical
•••nxiucts. "ff-»pec;fication chemicals, container
:o.sidue>. and soul residues, sucn as creosote ami
-me resticiuOs ^nci ncrniciues that mav PC used
; POTVvV
1.4.2 Wastes Exempt From RCRA Regulation
Hazardous waste mixed with domestic sewage
.ind conditionally exempt small quantity generator
wastes, among others, are excluded from most, if not
ail. RCRA hazardous waste management regulations.
Any hazardous waste that has been mixed with
domestic sanitary sewage in a sewer system that con-
veys the waste to a POTW tor treatment is not regulated
u.s nazardous waste under RCRA. For this reason.
DOTWs are not subiect to RCRA requirements for
^azardous waste disc^iargeu ov .nr.er "acilities •'•> the
ewers. •">,;.-, domestic it-wage exclusion, however.
iocs not extend to dedicated pipe wastes or to truck or
rail shipments of hazardous wastes discharged into the
ewer system or received hy me treatment facility.
This waste must be accompanied by a manifest and
accepted by the POTW as a RCRA facility (See Sec-
nons 2.4.3 and 2.4.4).
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?OTWs that prouuce oniy small amounts or
•azardous waste are suoiect to rewer ana/or less stnn-
:em regulations than other generators. Hazardous
<.aste generators that produce ie\ver than 220 pounds
or approximately half of a 55-gailon drum) of
hazardous waste per month, or fewer than 2.2 pounas
•f acute hazardous waste (listed in 40 CFR 261.31.
261.32. 261.33[ej) per month, are called conditionally
.xempt small quantity generators and are excluded
^rom nearly all of EPA's hazardous waste management
requirements. Generators or between 220 and 2.200
Bounds of hazardous waste per month, or fewer than
2.2 pounds of acute hazardous waste per month, are
ubiect to fewer recorakeeping and reporting require-
ments, but must comply with RCRA regulations in 40
"FR 261.5 governing treatment, storage, disposal.
.nd accumulation or wastes onsite.
2.4.3 Hazardous Waste Management
To ensure proper management of hazardous waste
from the moment the waste is generated until its ulti-
mate disposal. EPA has developed a tracking system
• o monitor and control hazardous waste. All
hazardous waste generators, transporters, and faciii-
•ies that treat, store, and/or dispose of hazardous
vaste must obtain an EPA identification number.
i'he tracking system requires mat a shipping docu-
ment, called a uniform hazardous waste manifest.
:".ust accompany ur.v Hazardous waste sent to another
•cation. All (except ^ome ran anu vessel transport-
ers) who handle the waste must sign the manifest and
.azardous. he or she must have an EPA identification
number and a permit.
2.4.4 RCRA Permit-by-Rule
As described above. POTWs that accept
'lazardous wastes by truck, rail, vessel, or dedicated
-incline and manage such wastes in nonexempt units
are regulated as RCRA treatment, storage, ana dis-
~nsai facilities iTSDFs) and must operate under a
^.CRA permit i4U CFR Pan ^70). obtaining a permit
to treat, store, or dispose of hazardous wastes can be a
-ostiy and time-consuming process. POTWs are ex-
empt from this process and from many of the TSDF
-tandards of 40 CFR Pan 264 if they qualify for a
permit-by-ruie (40 CFR 270.60fc]). A POTW quaii-
les to operate under the RCRA permit-by-rule to
nanage nazardous waste if:
i i"ne taciiity is in compliance with its NPDES
jnr.it.
-•. rNe r'aciiitv ias an EPA identification numoer.
i /"._• niciiitv j.-.mpnes '.utn i::e manifest s\sterr.
vuuirements.
i fiie raciiitv maintains the reuuired records tor
.ne waste i including conies or manifests and
.•jports on tne quantities 01 hazardous waste
handled i.
a The facility has instituted a corrective action pro-
jram. if necessarv as specified in the NPDES
oermit. to remedv releases of hazardous consti-
,_ents irotn me POTW.
-i The waste meets ail federal, .-.[ate. and locai
:-retreatment requirements that would be appiic-
uoie to the waste if it were oemg discharged to
ne POTW via a sewer, pipe, or similar con-
veyance.
Other RCRA requirements mav apply as wen
minimum technology rquirements and land disposal
restrictions, for example).
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—4.5 Emergency Permit
.n cases wnere an imminent ana suostantiai
;anger to human neaith or me environment is poseu.
. POTW can accept and treat, store, or dispose or
.-azaraous waste without a perrrm-oy-ruie for 90 days
r less if it ootains an emergency permit from EPA or
:ne state (40 CFR 270.61). The emergency permit can
^e issued either orally or in written form. If issued
>raily, it must be followed within five days by a writ-
en emergency permit.
2.4.6 Storing Hazardous Waste
Different storage regulations apply depending on
•.A\ rr.ucn nazaraous waste a POTW generates.
POTWs that generate more than 2.200 pounds or
azaraous \vnsto a inontn c::n OHIV -rope " '^r "n '••• •••>
^.ays without obtaining a storage permit (40 CFR
262.34[a]). POTWs that generate between 220 and
-.200 pounds of hazardous waste a month can store
:p to 13.200 pounds for 180 days lor 270 days if the
vaste is to be shipped to a treatment, storage, or dis-
posal facility that is located over 200 miles away) (40
CFR 262.34fd]). POTWs that generate less man 220
Bounds a month can store UD to 2.200 pounds for an
.rmmited period of time (40 CFR 261.5lgj). Unless
'hev quality tor an exemption, oermit-bv-ruie. ^r
.'mergency permit. POTWs that accept and store
azardous -Aasto from ^rfsite mu^t ."Main a rtCR.X
!ora«e nerrrm.
1.4.7 "vVastewater Treatment Exclusion
A POTW with a NPDES permit is exempt rrom
3CRA permitting if the hazardous waste is aiwavs
-.ept in a wastewater treatment unit i4() CFR
IS4.1lg][6]i. This wastewater treatment unit exclu-
sion applies to tanks or tank systems that are part or
an onsite wastewater treatment facility, in addition.
iudges taken rrom wastewater treatment units that are
•azardous waste are subject to RCRA hazardous
vaste management requirements rbr use and disposal
'Section 4.3). Hazardous wastes stored or treated in
-mace imDoundments or containers at POTWs are
;ot exempt from RCRA regulation under :ne
v-astewater treatment exclusion, and such units would
:eed a RCRA permit (presumably a oermit-bv-ruiet.
"he permit-by-rule requirements for POTWs do not
y to exempt wastewater treatment units.
!b accept manifested shipments or hazardous
•-•aste for storaae or treatment in a wastewater treat-
nent unit, a POTW must have a RCRA facility iden-
ification number and be operating as a "designated"
~SDF (including operating under a permit-by-rule)
See Section 2.4.4). However, a POTW which has
inly wastewater treatment units on site cannot be a
viesignated facility" since such a POTW does not
need a RCRA permit.
-.4.8 Mixture Rule for Listed Wastes
Any waste mixture containing a "listed"
hazardous waste is considered a hazardous waste.
"jgaraiess of the percentage of the listed waste con-
fined in the mixture (40 CFR 261.3[a)[2][ivj). Con-
>auentiv. ::".; ?OTW Accents a '"i.sted" hazardous
vaste by truck, rail, vessel, or dedicated pipeline, the
resulting wastewater mixture, as well as the sludee or
incinerator asn and scrubber water produced as a con-
-equence of treating this mixture, is deemed a
hazardous waste under RCRA (40 CFR 261.3[c][2][i]).
On the other hand, any waste mixture containine a
•characteristic" hazardous waste is considered a
hazardous waste oniv if the mixture itself exhibits the
-haractenstic.
2.4.9 I nmanifested Wastes
•nv Hazardous wastes accepted lor treatment or uis-
~osal by a POTW i other tnan those arnvine via me
• election system) should be accompanied by a um-
orm hazardous waste manirest. iome POT\Vs.
however, may DC sent hazardous wastes by truck, ves-
Mii. or rail that are not accompanied by a manifest. To
prevent this rrom happening, a POTW may choose to
•ccasionally test incoming shipments for RCRA
hazardous waste characteristics or reauest documenta-
:ion from the waste generator that the shipment is not
Jeemed hazardous under RCRA. While not a require-
ment under RCRA. this precautionary measure may
reduce or eliminate a POTW's potential hazardous
aste liability nv enaoiins.' me facility ro refuse accen-
-;nce or :he -.-aste. .'. FOTV ai.-»o ca." evamate .;- iu>-
nai u.sers a^::Mi;cs u) ascertain '.vr.etner ;hose
ictivuies ma\ oe eeneraung RCRA hazardous wastes
:!iat are then >-ent to the POTW.
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2.5 CERCLA (Superrunci)
.rider me Superfuna program. EPA responds to
.jiuai or tnreateneo releases or hazardous suostances.
roiiutams. ana contaminants into any meuia lair. .-.ur-
:ace water, ground water, and soii). With few excep-
~:ons. Superfuna coverage extends to ail sources or
-eieases and all means of entry of a substance into the
.nvironment. POTWs that accept Superruna
hazardous substances (generated by cleanup activities
a a sue) or mat experience a release of hazardous
-uostances (for example, a spill) may be subject to
CERCLA requirements, including reporting the
eiease to appropriate authorities, cleaning UD the
•jiease. ana accepting financial responsioiiity tor any
~:sponse actions deemed necessarv hv EPA.
-.5.1 Hazardous Substances
L'nder Superfund. a "reportabie" hazardous
-ubstance is any substance (excluding petroleum ana
natural gas) designated under certain sections of the
Clean Air Act. the Clean Water Act. the Toxic Sub-
tances Control Act. and the Resource Conservation
.tnd Recovery Act. EPA may designate additional suo-
•• Dances as hazardous if they could present suostantiai
:anger to health and the environment. EPA maintains
..iu updates trie ii.st or hazaruous substances covered
.nuer Superrund (including the "reoortabie caantuv '
xU| axsociateu \vitn eacn nazaruous .suostancei ;n -n
C~R 302.4. ri-.ere are currenuv "25 -uostanees on me
-t. vmcn include, out are not umitea to. trie loiiow-
.n<> compounds that the POTW may encounter:
i Any toxic pollutant listed under Section 307(a> nr
~ne Clean Water Act (i.e.. the list of i26 priority
^oilutantsi.
i Any suostance designated unuer Section
-:!Hb)<2)(A) of the Clean Water Act.
i Anv characteristic or iistea RCRA hazardous
wastes.
i Radionuciides.
•Vasteuaters "enerated or received by POTWs
•r.ay contain one or more of these hazaraous suo-
rances i-^ee Section 0.2 !or SARA extremely
hazardous .suostances).
-.5.2 \Vastewaters from CERCLA Cleanups
- POTW may ne reduestea to accept wastewaters
rom a ^uperrund cieanuo action. POTWs under con-
- [deration as a potential receptor of CERCLA
vastewaters may include those POTWs with or
\ ithoui an EPA-aoproved pretreatment program. A
POTW may refuse to accept CERCLA wastewaters.
\speciaily if. among other reasons, it is determined
that acceptance would result in potential problems to a
POTW (e.g.. damages to a POTW's physical facilities
ir contamination of the POTW's sludge).
if discharge of CERCLA wastewaters to a POTW
-> deemed aoproDnate. the discharger must ensure
Compliance with suosunuve ana procedural require-
ments of the national oretreatment program and all
. ..'cm prctreaimcnt rjuuiromcnts refore discharging
.vastewaters to a POTW. In addition, if the POTW ac-
cepts the waste, the POTW's NPDES permit and fact
-neet may need to be modified to reflect the condi-
aons of acceptance or the CERCLA wastewaters.
If CERCLA wastewaters are to be managed by a
POTW. EPA recommends that the NPDES permit be
:nouified to reflect the conditions of acceptance of
:nese wastewaters. The oermit modifications would
'ncornorate specific oretreatment requirements, local
:mus. ir.onitonnt: ivuuirenicnts. and/or limitations i>n
jditionai pollutants .if concern in the POTW\ dis-
.;iarce. .T inner ractors. •C'::.inize.s to the oermit mav
jduce CERCL.'i reporting :\.'uuirements ana provide
Toiecuon against nossmie 'CERCLA liabilities (see
.ections 3.3.2 and 3.3.4i
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CHAPTER 3
Effluent Discharges
EPA's control or point sources of water pollution
is implemented through the National Pollutant Dis-
charge Elimination System (NPDES), which was
established under the Clean-Water Act (CWA). The
NPDES program requires dischargers to obtain per-
mits specifying the permissible concentration or level
or contaminants in their effluent. EPA and the states
use the NPDES permitting: system to control point
sources and thereby help attain and maintain ambient
water quality standards for their surface water bodies.
Every POTW must apply for and obtain an NPDES
permit that includes limits which control the pollu-
tants that may be discharged in its effluent.
EPA has established specific technology-based ef-
fluent limitations for sewage treatment plants. In
general. POTWs must provide a minimum or secon-
dary treatment. Secondary treatment is defined in part
as treatment to achieve an effluent concentration of
biochemical oxygen demand (BODS) and total sus-
pended solids (TSS) of 30 mg/L or less for each
parameter. POTWs must also meet any more stringent
limits necessary to protect water quality, in addition.
effluent discharges from POTWs may be regulated in
certain cases under CERCLA.
3.1 Effluent Discharges Under
the CWA
3.1.1 Ambient Water Quality Standards
States are responsible for setting wafer quality
standards for the waters within their borders. These
standards designate the uses of specific water bodies
and the associated numeric or narrative criteria
applicable to these waters which are to be maintained
via effluent limits set in permits. EPA reviews and
approves the state standards, in accordance with EPA
regulations specified in 40 CFR Part 131.
When betting standards, states must consider toxic
pollutants listed pursuant to location 307 of the CWA
to determine whether:
• The discharge or presence of any pollutant on the
list could interfere with the designated uses of the
water body.
• EPA has published numeric criteria for those poll-
utants under Section 304(a) of the CWA.
Of both of these conditions are met. the state must
adopt specific numeric criteria for those pollutants:
otherwise, adopt a procedure to derive a numeric limit
from a narrative criterion to protect the designated
cases of the water body. Depending on the state's
evaluation of local conditions, its numeric pollutant
criteria may be more or less stringent than EPA criter-
ia. In cases where the state determines that a specific
toxic pollutant could interfere with a water body's
designated uses out EPA has not yet published numer-
ic criteria, the state must adopt pollutant criteria
based on biological monitoring or assessment
methods.
3.1.2 Controlling Effluent Toxicity
Reducing effluent toxicity may be considerably
more difficult than treating conventional pollutants.
Not only are there hundreds toxic chemicals that
may be discharged to receiving waters, but analysis of
these chemicals is sometimes difficult. In addition, it
difficult to predict the toxicity of chemical mixtures.
In response to these difficulties, EPA has placed
undesirable emphasis on a water quality-based ap-
proach to NPDES permitting, while also requiring
that all applicable technology-based requirements be
met. In its 1984 "Policy for the Development of
Water-Quality Based Permit Limitations for Toxic
Pollutants" (49 FR 9016), EPA recommended the use
of biological testing of effluents in conjunction with
other data to establish NPDES permit conditions.
In addition to meeting the technology-based
requirements of secondary treatment. POTWs must
meet any more stringent water quality-based limits
imposed by the permitting authority in some cases,
local limits for industrial users of the POTWs may
need to be developed to ensure attainment and main-
tenance of water quality-based limits established in
POTW permits.
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Effluent toxicity can be managed in some cases
by chemical-specific effluent analysis and control (for
example, removing residual chlorine in the effluent).
Frequently, however, biological monitoring is needed
to identify the interactive effects of toxic pollutants in
the discharge. This is known as whole effluent toxici-
ty monitoring. EPA and the states will develop
NPDES permit limits based on whole effluent toxicity
where it is an appropriate control parameter.
3.1.3 Toxicity Reduction Evaluations
In the event of toxicity permit limitation viola-
tions. POTWs may be required to conduct a toxicity
reduction evaluation (TRE). A TRE is an investiga-
tion conducted within a plant or municipal system to
isolate sources of effluent toxicity, identify the pollu-
tants causing the toxicity, and determine the effective-
ness of pollution control options in reducing the
toxicity. If specific chemicals are identified as the
cause of a water quality standards violation, the
POTWs permit may include limitations on these in-
dividual pollutants.
3.1.4. Individual Control Strategies for
Impaired Waters
Another element of EPA's surface water toxics
control program is found in Section 304(1) of the
CWA. A portion of Section 304(1) requires states to
identify all waters with known water quality impair-
ment due entirely or substantially to point source dis-
charges of the "Section 307(a)" toxic pollutants.
Section 304(1) requires states to identify the point
sources discharging the toxic pollutants and the
amounts of discharged pollutants. For such waters,
states must develop individual control strategies for
each such point source by February 4, 1989. These
individual control strategies are designed to ensure
that applicable water quality standards are achieved by
June 4, 1992. If such controls are established for a
POTW, they will be included in the POTWs revised
NPDES permit.
The Section 304(1) individual control strategies
will address only the 126 priority pollutants.
However, the national surface-water toxics-control
program requires that any pollutant (conventional,
non-conventional, or toxic) that causes toxic effects
and violates applicable water quality standards be
controlled.
3.1.5. Combined Sewer Overflows (CSOs)
Combined sewers transport domestic sewage,
industrial waste, and stormwater to the POTW for
treatment. CSOs are flows from a combined sewer in
excess of the interceptor or regulator capacity that are
discharged to a receiving water without going to a
POTW. CSOs can result in the discharge of untreated
sewage and industrial waste. EPA issued an interim
final national control strategy for CSOs on January
27, 1989. The strategy reaffirms that CSOs are point
sources subject to the requirements of the CWA.
CSOs are not subject to secondary treatment regula-
tions applicable to POTWs. CSOs discharging without
a permit are unlawful and must be eliminated or issued
permits that ensure compliance with technology-based
and water quality-based requirements of the CWA.
POTWs are responsible for planning and implement-
ing system-wide combines sewer management plans.
State-wide permitting strategies will be developed by
the states or regions to ensure implementation and
consistency with the CSO strategy. The goals of the
strategy are threefold:
• To ensure that if CSO discharges occur, they
occur only as a result of wet weather.
• To minimize water quality, adequate biota, and
human health impacts from overflows that do
occur.
• To bring all wet weather CSO discharge points
into compliance with the technology-based
requirements of the CWA and applicable state
water quality standards.
3.1.6. NPDES-Required Notifications for Upsets
and Bypass
Two types of events specified in NPDES permits
that require reporting are upsets and bypass. Upsets
result in unintentional, temporary noncompliance
with technology-based permit effluent limitations but
do not include noncompliance events resulting from
events such as operational errors and other factors
identified in 40 CFR 122.42 (n). Upsets must be
documented, dealt with and reported within 24 hours.
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..5 uescnoeu in 40 CFR 122.41 ,m. 3vpass is :ne
ntentionai diversion or waste streams as discussed in
-') CFR 122.42 im). Bvpass events tnat do not exceed
-.fluent limitations are allowed oniv u it is ror essen-
:al maintenance. Otherwise, ovoass events must be
:oonea within 10 days for anticipated bypass (whicn
.re suoiect to approval) ana 24 hours ror unanticipated
-ypass events. Bypass events exceeding effluent iimi-
.uions are prohibited except under limited conditions
iiscussed in 40 CFR 122.42fm).
3.2 Effluent Discharges Under
RCRA
ir'fluent uiscnarges irom a POTW. including
nose POTWs treating hazardous waste mixed with
. ;ne.-Miv. ^.vusic -.>r operating unaer a i\CRA j.vrmit-
\v-rule (see Sections 2.4.2 and 2.4.4). are subject only
o NPDES regulations and not to RCRA's other
hazardous waste provisions.
3.3 Effluent Discharges Under
CERCLA
A POTW must report releases or CERCLA
:azardous substances, equal to or in excess of their
(•portable ouantities (RQs). ,,r exceeding rederalh
• :rmittcd release levels by an RO or more, to the r'ed-
-._:: government unu to ^tate ana uvui autnonties
r.uer SARA Section 3v)4i. The POTW may PC
-^esseu (.".'.!) or criminal oenaities tor railing to
.•Don and may DC liable tor the costs or cleaning up
no release and damages resulting from tne release.
':">r example. POTWs may be subject to CERCLA
-'porting and response actions if chemical spills occur
.: tne treatment niani. if sludge disposal contaminates
jround water or soil, or if hazardous air emissions are
~:ieasea during treatment operations.
J.3.1 CERCLA RQs and Reporting
Requirements
'OTWs must immediateiv reoon any release of a
•.azaraous substance (to air. surface water, ground
• ater. or soil) that equals or exceeds the RQ for that
uostance to the National Response Center ((800)
424-8802. or (202) 267-2675 in Washington, DC]
40 CFR 302.6). unless tne release is federally per-
muted or otherwise exempt (as described immediately
selow>. Section 5.2 details other reporting require-
ments. A list of hazardous substances and their RQs
appears in 40 CFR 302.4. When a POTW reports a
release of an RO or more of a hazardous substance.
ne :ederai government or tne .state may initiate
response actions to protect public health or the
5.3.2 Reporting Exemption for Federally
Permitted Releases
On July 19. 1988. EPA proposed a rule clarifying
"he federally permitted release exemption from
CERCLA release reporting. These federally permit-
•ed releases, which include routine NPDES-permitted
cieases from POTWs. are exempt rrom liability under
CERCLA tor response costs and damages incurred
lue to the releases (53 PR 2~2ft8). The proposed rule
-ouid require a ;:icii;:v to rcnort ^ release to the
" itionai Response «..\.-.;er rni\ ;:' :he release exceeds
ne teueraiiv nermuteu :evei h\- an RO or more. For
••.amoie. ;r'a POTW"- jrriuent uiMcnarge of cadmium
.> limned by an NPDES permit to 1.5 pounds per aav.
hen the POTW \vouid be subiect to CERCLA's
••eportmg requirements only if the effluent discharge
Contained 2.5 or more pounds oer day of cadmium
because the RO for caumium is one pound).
According to the proposed ruie. a point source
iischarce covered by an NPDES permit is exempted
r'rom reporting ir it meets one of the following con-
ditions:
-------
i The discharge is in compliance witn an NPDES
rermit limit that specifically addresses me
lazardous substance in Question, either directiv
>r througn the use 01 an indicator poiiutam. in
he case of the latter, the permit must identifv the
amount of the specific pollutant allowed at
iccepted levels of the indicator pollutant.
» The source, nature, and amount of a potential
discharge were identified and made pan of the
public record, and the NPDES permit contains a
condition requiring that the treatment system be
.apable of eliminating or aoating a potential dis-
:harge.
i The POTW's NPDES permit or permit appnca-
~'on identifies a continuous or anticipated inter-
nment discnarge caused by events occurring
within the scope of the relevant operating and
treatment systems. Included are chronic, process-
related discharges resulting from periodic upsets
in the manufacturing and treatment systems, such
as a discharge created by a system backwash.
3.3.3 Reduced Reporting for Continuous
Releases
On April I'). 1988. EPA proposed a rule ciarirv-
:m tne continuous release reporting reuuirement ex"
-R 12868). Section i03(fi(2> of CERCL.X nrovtae.s
•;iief from reporting releases or hazardous suostances
~at are continuous, -laoie ;n uuantitv anu rate, unu
;re releases tor wnicn notification has oeen given un-
;er Section I03fai tor a period sufficient to establish
•fie continuity, quamitv. and regularity or such
releases. Section l03ffK2) provides further that in
-uch cases, notification shall he given annually or at
-uch a time as there are any statistically significant
;ncrease in the quantity released of any hazardous
ubstance. For example, if a POTW experiences a
^portable release of a hazardous substance that is
-ontmuous and staple in Quantity and rate, instead of
.••porting such a release unaer CERCLA on a per-
.'ccurrence basis, the POTW may report only annuai-
. and in tne event
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CHAPTER 4
Sewage Sludge Use And Disposal
The need for effective sludge management is con-
tinual and growing. The quantity of municipal sludge
produced annually has almost doubled since 1972,
when the Clean Water Act imposed uniform minimum
treatment requirements for municipal wastewater dis-
charges. Municipalities currently generate approxi-
mately 7.7 million dry metric tons of sludge each year.
This quantity is expected to double by the year 2000
as the population increases and as more municipali-
ties comply with Clean Water Act requirements.
4.1 EPA Policy and Regulations
For many years, sewage sludge was regulated
under a number of federal statutes, with no compre-
hensive program at the national level. Existing federal
regulations are authorized under several legislative
mandates and have been developed independently in
response to media-specific concerns. The primary
role for control over sewage sludge use and disposal
has fallen to the states, and while nearly all states have
some type of sludge program in place, these programs
vary widely in comprehensiveness of coverage.
In 1984 EPA adopted its first policy on municipal
sludge management. This policy stated that sludge
management was a responsibility to be shared by
EPA, states, and local governments. The policy estab-
lished roles and duties for each entity. EPA's primary
responsibility is to develop and enforce the national
technical standards for sludge management and over-
see state programs implementing these standards. The
local governments must select sludge management
options and maintain sludge quality in accordance
with federal requirements.
Sewage sludge is both a waste and a resource.
Used properly, it can be recycled as a fertilizer and
soil conditioner. However, contaminated sludge or
poor disposal practices can pose an environmental
threat to air, surface water, ground water, or the food
chain. EPA's policies and regulations reflect the two-
fold purpose of regulating sewage sludge to ensure
that it is handled properly and is of sufficient quality
for use as a soil conditioner and fertilizer.
4.2 Sewage Sludge Use and
Disposal Under the CWA
Section 405 of the CWA, as amended by the
Water Quality Act of 1987, requires EPA to develop
technical standards which:
• Identify the major sludge and disposal
methods.
• Identify toxic pollutants that may in certain con-
centrations interfere with each use and disposal
method.
• Establish acceptable levels of the identified pol-
lutants for each use and disposal method to pro-
tect public health and the environment.
• Establish management practices, where
necessary.
In addition, Section 405 of the CWA requires that
the technical standards be implemented through an
NPDES permit (or another permit listed in Section
405). Finally, Section 405 also requires that prior to
promulgation of the technical standards. EPA must
incorporate sludge conditions developed on a case-by-
case basis into NPDES permits (or take other
appropriate measures) to protect public health and the
environment.
POTWs should be aware that pursuant to these
CWA requirements (and EPA regulations and policies
developed under the CWA), NPDES permits issued or
reissued after the effective date of the CWA amend-
ments (February 4, 1987) must contain some sludge
conditions, or reference sludge conditions in another
permit. Most importantly, the permit must require
compliance with existing requirements (see Table 4-1
or current regulations). EPA's recently promulgated
Sludge State Program and Permitting final rules for
standard permit conditions, and EPA's "Sewage
Sludge Strategy" and draft "Guidance for Writing
Case-by-Case Permit Requirements for Municipal
Sewage Sludge" (June 1988) contain guidance on
permit coverage prior to promulgation of the technical
standards.
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TABLE 4-1
Existing And Pending Sludge Regulations
.overage
Reference
Application
Existing Regulations
/olvchlorinated
rionenvis (PCSsi
Jcean Dumoinq
Mew Sources
performance
Standards for Sewage Sludge
ncinerators
Mercury
Cadmium. PCBs.
'athoqenic Orqanisms
.haractenstic or
:F ~oxicitv
.3na Oisoosai Restrictions
40 CFR 761
10 CFR 220-228
40 CFR 60
40 CFR 61
-0 CFR 257
-0 CFR 261
-ooenaix ,i
-0 CFR 258
vJew (Final. Promulgated) Regulations
State Sewage Sludge 40 CFR 501
Vlanagement Programs -0 CFR 122-4
^na Permit Reauirements
Bending (Proposed) Reguiations
Sludge Technical 4Q CFR 503
;tanaaras
lunicioai Lanofill Regulations -0 CFR 253
oxicitv
Characteristic
-0 CFR 261
^ppenaix II
All sludges containing more than 50
-viliarams or PCBs oer Kiioqram of sludge
~he discharae OT sluaae from barges or
. :ner vessels
'ncineration of sludge at rates aoove 1,000
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iPA proposed tectinicai Manuaras tor use anu
of sewage sludge on February o. 1989. to ne
odified in 40 CFR Part 503 (54 FR 5746). These
roposed ruies cover rive siuuae use ana disposal
nethoas:
i incineration.
j Land application i including agncukurai ana non-
;gricultural uses).
i Distribution and marketing (e.g.. composted
.iudge products).
i Disposal in a monofill (siudge-oniy landfill).
i .Surface uisoosai (e.g.. ..ing-term storage in
piiest.
~/.e proposed >tanuaras :r,c;uue -Dearie numeric
pollutant limits in sludge and management practices
•or each use and disposal method. Disposal of sludge
n a municipal solid waste landfill will be covered un-
aer 40 CFR Pan 258 (proposed on August 30. 1988 in
.r3 FR 33314 and expected to be finalized in late
1989).
The CWA set verv tight deadlines for compliance
•-itn the technical standards: raciiities have one year
after promulgation to achieve comciiance with the
-cnmcai standards (two vears ii construction is need-
•j). This deadline applies wnetner or not the techni-
ai standards have oeen mcoroorated into a oermit.
IPA intends that Pan ;k)3 tecnmcai standards wni
e tne pnmar>- regulatory autnonty for sewage sludge
:se and disposal. Thus these regulations will either
.ncorporate or supersede 40 CFR Part 257 require -
.nents for land application and disposal in a monofill.
ind the Clean Air Act requirements for incineration.
The Pan 503 regulations wiil noi cover:
.1 Sludges that are found to be hazardous, and
therefore regulated under RCRA Subtitle C.
a Ocean disposal of sewage sludge, which is
governed by the Marine Protection. Researcn and
Sanctuaries Act (MPRSA) as amended bv the
Ocean Dumping Ban Act ot 1988.
-t.3 Sludge Disposal Under RCRA
Any sludge produced by a POTW that is a
-azaraous waste must oe stored, shipped, and disposed
r in accordance with the RCRA hazardous waste
regulations (see Sections 2.4.3. 2.4.6. and beiowi.
iewage sludge is generally considered a hazardous
waste if it exhibits a hazardous waste characteristic
for example, it tails the EP toxicity test and is not
rurther treated), or is derived from the treatment of
listed hazardous waste received by the POTW by
iruck. rail, vessel, or dedicated pipe. Only RCRA-
permitted treatment, storage, or disposal facilities can
nanage hazardous waste for incineration, land appli-
.ation. or iandfilling (see Section 2.4).
• .'nder the Asencv's land disposal restrictions
program. EPA has developed (and is continuing to
develop) regulations designed to ensure that land dis-
posal of hazardous wastes is protective of human
health and the environment (40 CFR Part 268). The
regulations require certain hazardous wastes, includ-
ing POTW-generated hazardous sludges, to meet treat-
ment standards expressed as specified treatment
•echnologies. total pollutant concentrations, or TCLP
ieachate concentrations prior to being disposed of on
'and. POTWs that generate or shio wastes covered by
ne iand disposal restrictions (i.e.. vsstncted
-astes"i must identify the applicable treatment stan-
.ards. cenirV whether the waste meets the standard.
.nu provide this information to the land disposal facii-
:v or any other treatment, storage, or disposal facility
vhen delivering the waste. POTWs that dispose or any
restricted waste are responsible tor ensuring that only
vastes meeting the treatment standards are land
iisposed. These facilities must document that the waste
has been treated in accordance with the applicable EPA
;reatment standards. Most POTWs will not generate
-iudge that exhibits the hazardous waste toxicitv
:haracteristic as currently defined (see Section 2.4.11.
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4.4 Sludge Disposal Under
CERCLA
; the sludge rrom a POTW contains anv LERCLA
lazaraous substance and the siudge is released into
ne environment in an amount equal to or greater than
is RQ within a 24-hour period, the POTW is supject
o the reporting requirements under Section I03(a) or
JERCLA and Section 304 of SARA (50 FR 13462
April 4. 19851). For example, if 1.000 pounds of
iiicige containing 1 pound or more of 1.4-dichloro-
I-butene is released to the environment in one day. the
-eiease containing this hazardous substance must be
:noned to the National Response Center ana state
^nd local authorities. An exception to these reporting
•?uuirements for federally permitted releases and the
.jauceu reporting requirements tor continuous
releases of hazardous substances were described in
Section 3.3.2.
POTWs that previously disposed ot sludge in an
mpoundment or landfill that are designated as Super-
•'und sites needing cleanup may be PRPs who are
-eduired to pay for cleanup oj the sue (see Section
:-.:\4t.
i.5 Sludge Disposal Under TSCA
TTTW sludges contaminated with Doiychiori-
.latea biphenyls (PCBs) containing more man 50 ppm
CBs must De nandled in accordance '.Mih 40 CFR
-:'.n "61. arid disposed of in an incinerator (that com-
-iies with 40 CFR 761.70). a chemical waste landfill
:hat complies with 40 CFR 761.75). or an alternative
.nethod approved by EPA. Spills of PCS-contaminated
fudges (including intentional or unintentional spills.
ieaks. and other uncontrolled discharges) must be
. leaned up to strmcent levels in accordance with
HPA's PCBs Spill Cleanup Policy (52 FR 10688.
"uboan G of 40 CFR Pan 761). POTWs that experience
?CB spills resulting in the direct contamination or
-'wage treatment systems must immediately notify
"•PA and clean up the spiil (40 CFR 761.120). POTWs
::ay oe excluded from final decontamination stan-
.aras as determined on a case-bv-case oasis ov EPA.
4.6 Air Pollution Regulations
?OTWs that incinerate sludge or operate sludge
.ryers or utility steam ooiiers are currently regulated
iv three EPA programs under the CAA-New Source
Review leaner Prevention or Significant Deterioration
PSD) or nonattamment area permitting), the New
Source Performance Standards (NSPS). and the
National Emission Standards tor Hazardous Air Pol-
lutants (NESHAPs). POTWs may also be regulated by
tate standards that are more stringent than the federal
requirements. EPAs program for Prevention of Sig-
nificant Deterioration iPSD) is a system whereby new
-ounces of pollution are subject to special require-
ments. I~he requirements are designed to protect and
naintam air quaiitv in those areas that meet the
• ationai .--.moicm AM Quanty standards (NAAQSi.
NAAQS have been set for carbon monoxide, panicu-
late matter, lead, nitrogen dioxide, ozone, and sulfur
oxides. For areas meeting the NAAQS (referred to as
attainment areas), increments in air pollution are
specified that would be considered significant in their
impact on public health and welfare. These PSD
increments serve as limits on allowable additions to
existing air emissions. POTWs that plan to construct
in incinerator, ooiier. or other air pollution source in
he areas meeiins: ine NAAOS must show that thev
viii not create pollution sufficient to violate any or the
^SD increments, .n auuuion. ;nese facilities must
-rnpiov me Best .-.\aiiaoie Control Technology tor
-ontroilina the air emissions. cPA's PSD program ao-
oiies to maior stationary sources that have the poten-
•;ai to emit or uo emit more than 100 tons per vear mr
150 tons per year, depending on the source category i
•if any pollutant covered under the CAA (40 CFR Pan
52). For areas not meeting the NAAOS (nonattam-
nent areas i. POTWs may oe required to achieve even
more strinaent emissions levels.
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;?A's New Source Performance Standards
NSPS) program reauiates emissions from sources
nat threaten the NAAQS. The NSPS program res-
r:cts emissions rrom new maustnai facilities or laciu-
:es undergoing maior modifications. The NSPS
tanaaras are uniform national ruies for specific
ndustnai categories, such as utility steam boilers.
The NSPS standards for sewage treatment plants cur-
rently cover only paniculate matter and opacity (40
CFR Pan 60). The standards specify that no sewage
iudse incinerator can discharge paniculate matter at
a rate in excess of 0.65 g/kg dry sludge input (1.30
"h/'ton dry sludge input), or discharge any gases that
-xhibit 20 percent ooacitv or areater. in addition, ccr-
am ooiiers may De subject to NSPS standards lor par-
'icuiate matter, sulfur dioxide, and nitrogen oxides.
'";ese ;anuunj> uecenu upon me nTL" output anu
type of fuel utilized by the unit. POTWs planning to
construct, modify, or expand a sludge incinerator are
regulated bv EPA's NSPS program.
. he National Emission Standards tor Hazardous
•ir Pollutants iNESHAPs) program is applicable to
•oth sludge incinerators and dryers and requires
/OTWs whose mercury emissions exceed 1.600 sz per
14-hour nenod to test their siudge or emissions tor
mercury at least once every year. Emissions from any
-ombmation of sludge incineration and sludge cirymg
cannot exceed 3.200 g. of mercury per 24-hour period
40 CFR Pan 61 Subpan C). Although EPA antici-
pates that tew POTWs will exceed NESHAPs stan-
dards, ail facilities must demonstrate compliance
through testing. POTWs that incinerate beryllium-
containing waste may be subject to the beryllium
"•'ESHAP. which sets dailv emission limits from tnc
ncmerator. Only POTWs receiving significant
oiumes of wastewater from a bervilium processing
iam couiu potentially c\teeu me limit (see 40 CFR
Pan 61 Subpan E).
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CHAPTER 5
Other Pollution Issues
5.1 RCRA Corrective Action
Any POTW holding a RCRA permit (including
POTWs that handle hazardous waste under a permit-
by-rule) that releases a hazardous waste to the en-
vironment may be required to take several corrective
measures. First, the POTW may be required to take
immediate action to reduce imminent danger posed by
waste at the facility or any waste that has leaked be-
yond the site. In addition, EPA may require the facili-
ty to perform ground-water monitoring to evaluate the
extent of the problem. Finally, EPA may require the
facility to clean up the contamination and take other
steps to protect public health. EPA (or the authorized
state) then incorporates these corrective action re-
quirements into the POTWs NPDES permit. For ex-
ample, if EPA discovers that hazardous waste from a
POTWs surface impoundments has leaked into
ground water, the Agency could require a POTW to
pump and treat pollutants in contaminated ground
water and to supply nearby residents with alternative
sources of drinking water. These requirements would
then be incorporated into the POTWs NPDES permit.
Releases of hazardous constituents to all media
are subject to corrective action. EPA's corrective action
program applies to all solid waste (as defined by
RCRA) management units (SWMUs), including
containers, tanks, waste piles, surface impoundments,
and landfills. For example, all wastewater treatment
units within a POTWs boundaries are covered by cor-
rective action requirements. EPA has developed
guidance to assist POTWs in complying with RCRA's
corrective action requirements.
5.2 Emergency Planning and
Community Right-To-Know
In 1986, Congress amended CERCLA by enact-
ing the Superfund Amendments and Reauthorization
Act (SARA), which included a new provision: Title
III—the Emergency Planning and Community Right-
to-Know Act. This law requires that detailed informa-
tion about the nature of hazardous substances in or
near communities be made available to the public.
several components or this legislation affect POTWs
and the chemicals they use.
Sections 302 and 304 of Title III (40 CFR 355.30
and 355.40) require that POTWs notify then State
Emergency Response Commission (SERC) and Local
Emergency Primary Committee (LEPC) in writing if
they have any of 366 extremely hazardous substances
EHS) present at their facilities above "threshold
planning quantities" (TPQs), or immediately if any of
the chemicals are released in quantities equal to or
exceeding their "reportable quantities (RQs)" estab-
lished under CERCLA, or 1 pound if they are not
CERCLA hazardous substances. In addition, Title III
requires that these POTWs participate in emergency
planning. The 366 EHS and their threshold quantities
are listed in 40 CFR Part 355 Appendix A. and in-
clude the chemicals listed in Table 5-1 that are fre-
quently used by POTWs.
Moreover, POTWs must immediately report to
their SERC and LEPC any release of a CERCLA
hazardous substance equal to or in excess or its
reportable quantity (40 CFR 355.40), in addition to
calling the National Response Center (see Section
3.3.1). Some chemicals commonly found at POTWs,
including ferrous chloride, methanol, potassium per-
manganate, ferric chloride, phosphoric acid, sodium
hypochlorite, and calcium hypochlorite, are
hazardous substances that should be considered in the
NPDES permit. For example, ferrous chloride dis-
charges exceeding 100 pounds daily in the effluent
that are federally permitted would not require notifi-
cation under 40 CFR 355.40. Note that hydrogen
peroxide, ozone, and sulfur dioxide are currently
proposed for designated as Superfund hazardous
substances and must be reported to SERC and LEPCs
at the one-pound level.
In to emergency notification provisions.
Secion 311 provides that facilities which are required
by the Occupational Safety and Health Administra-
tion (OSHA) to prepare or have available Material
Safety Data Sheets (MSDSs) for hazardous chemicals
must also provide SERCs, LEPCs, and fire depart-
ments certain information on these chemicals if they
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Table 5-1
Some Of The EHS
Chemicals At Or In
POTWS That Trigger
SARA Reporting
Substance
Ammonia
Chlorine*
Hydrogen
Chloride (anhydrous)
Hydrogen
Peroxide
(Concentration
>52%)
Nitric Acid
Ozone
Sulfur Dioxide
Sulfuric Acid
Threshold Title III
Planning Reportable
Quantity Quantity
500 Ibs. 100 Ibs.
100 Ibs. 10 Ibs.
500 Ibs. 5,000 Ibs.
1000 Ibs.
1 Ib.
1000 Ibs. 1000 Ibs.
100 Ibs. 1 Ib.
500 Ibs. 1 Ib.
1000 Ibs. 1000 Ibs.
*A standard chlorine gas cylinder weighs 150
pounds, so most POTWs must notify under
Section 302.
produce, use, or store certain quantities. This infor-
mation includes copies pf the MSDSs or a list of
chemicals on which MSDSs are maintained and an
annual inventory form indicating amounts used and
stored. Many of the chemicals used at POTWs are
subject to this requirement if they are stored in quan-
tities greater than 10,000 pounds, including, but not
limited to: lime (calcium oxide), polymers, methanol,
potassium permanganate, alum, ferric chloride, pick-
le liquor, phosphoric acid, sodium hypochlorite, cal-
cium hypochlorite, copper sulfate, carbon dioxide,
other compressed gases, gasoline, cleaning solvents,
and strong acids and bases. In addition, hazardous
substances generated and/or stored by POTWs, such
as methane and chlorine dioxide, are subject to
MSDS requirements. Publicly owned and operated
POTWs may not be covered by this requirement if
they are not covered by OSHA's Hazard Communi-
cation Standard. However, states may enact their
own community right-to-know laws paralleling the
federal Title III requirements and these statutes may
require publicly owned and operated facilities to
comply with the MSDS requirements.
5.3 Underground Storage Tanks
(USTs)
Most POTWs use underground storage tanks
USTs) to store fuel oils, gasoline, waste oils, or other
chemicals. These tanks are now regulated under
RCRA. POTWs with USTs containing either petroleum
or CERCLA hazardous substances must notify the
state or local implementing agency of the number and
type of tanks on the premises, and abide by require-
ments covering, among other things, proper design
and installation of tanks. General operating practices.
ierection and reporting of leaks or spills, and investi-
gation and cleanup of releases. Financial responsibili-
ty for taking corrective measures and compensating
individuals who are harmed by leaks or spills extends
only to those facilities that store petroleum products
in USTs. (The September 23, 1988, 53 FR 37082 and
October 26, 1988, 53 FR 43322 regulations will be
modified in 40 CFR Part 280, available in fall, 1989).
5.4 Oil Pollution Prevention
Many POTWs store fuel oil, machinery lubrica-
tion oil, or waste oil (including oil-laden sludges,
precipitates, and residues) on site. POTWs are pro-
hibited by EPA regulations, under the Clean Water
Act, from discharging oil that causes a film or sheen,
discolors the water surface or adjoining shorelines (40
CFR Part 110), or violates any water quality stan-
dards. Discharged in compliance with an NPDES per-
mit, however, are exempted from these regulations.
POTWs with the potential to discharge oil (in any
form, including petroleum, fuel oil, sludge, oil
refuse, or oil mixed with waste) in harmful quantities
into navigable waters or adjoining shorelines may be
required to prepare a Spill Prevention Control and
Countermeasure (SPCC) Plan (40 CFR Part 112).
POTWs maintaining an oil storage capacity in excess
of 660 gallons in a single above-ground tank, or an
aggregate storage capacity of 1,320 gallons in above-
ground containers or 42,000 gallons in below-ground
containers, must comply by establishing a SPCC
Plan. The SPCC Plan must describe the procedures,
methods, and equipment that the POTW will use to
prevent any spilling, leaking, dumping, or other dis-
charge or oil to navigable waters. Due to the broad
range of types of facilities required to develop SPCC
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Plans. EPA has no specific plan format requirements:
However, the Agency lists a number of facility-specific
requirements in 40 CFR Part 112.
In addition, any waste oils contaminated with
PCBs at 50 ppm or over must follow the storage and
disposal requirements of 40 CFR Part 761.
5.5 National Environmental
Policy Act (NEPA)
If a POTW receives federal funding, the facility
is required to plan its policies and actions in light of
the environmental consequences under the National
Environmental Policy Act (NEPA), enacted in 1969.
The POTW must prepare an environmental impact
statement (EIS) for any major section that will signifi-
cantly affect the quality of the human environment.
such actions could include expansion of the facility or
changing the location or the discharge pipes. The EIS
must identify and address the environmental impacts
of the proposed action identify, analyze, and com-
pare options (40 CFR Part 1500).
APPENDIX A
Glossary and Abbreviations
CAA - Clean Air Act (1970)
CERCLA — Comprehensive Environmental Response. Compensation.
and Liability Act (1980) (pronounced "sir kla"), as
amended (Superfund)
CFR — Code of Federal Regulations
C S O — Combined Sewer Overflow
CWA — Clean Water Act of 1972, as amended
EP Toxicity — Extraction Procedure Toxicity (40 CFR Pt. 261 App. II
of RCRA)
EPA — U.S. Environmental Protection Agency
FR — Federal Register: week-day government publication that
contains proposed and final regulations with explanatory
preambles: (54 FR 5746 is the 1989 FR starting on page
5746)
GPO — Government Printing Office: sells FR subscriptions, daily
FR copies as available, and CFRs: (202) 783-3238
- Defined by and regulated by CWA and CERCLA
CERCLA's list contains all of the CWA substances, plus
additional substances).
— Defined and regulated by RCRA
Hazardous
Substances
Hazardous
waste
LEPC
Local Emergency Planning Committee, as established in
SARA Title III, Sections 301 to 303, LEPCs develop local
emergency response plans.
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MSDSs Material Safety Data Sheets (OSHA)
Monorills Landfills designed to accept only one type of waste
NEPA National Environmental Policy Act
NESHAPS National Emission Standards for Hazardous Air Pollutants
(CAA)
NPDES National Pollutant Discharge Elimination System (CWA)
NSPS New Source Performance Standards (CAA)
OSHA Occupational Safety and Health Administration
PCBs Poly chlorinated biphenyls (TSCA)
POTW Publicly Owned Treatment Works (CWA)
Priority Listed in 40 CFR Part 423, Appendix C (CWA)
pollutants
PRP Potentially Responsible Party (CERCLA)
PSD Prevention of Significant Deterioration (CAA)
RCRA Resource Conservation & Recovery Act, as amended
(pronounced "rick-ra" or "wreck-ra")
RQ Reportable Quantity of hazardous substances (CERCLA)
SARA Superfund Amendments and Reauthorization Act of 1986
(amended CERCLA)
SERC State Emergency Response Commission, as established in
SARA Title III, Sections 301 to 303, SERCs establish
emergency planning districts, and appoint, supervise, and
coordinate LEPCs.
SPCC Spill Prevention Control and Countermeasure
SWMU Solid Waste Management Units (RCRA)
TCLP Toxicity Characteristic Leaching Procedure (RCRA)
Title III Emergency Planning and Community Right to Know Act
of 1986 (EPCRA, part of SARA)
TPQ Threshold Planning Quantity (Title III of SARA)
TRE Toxicity Reduction Evaluation (CWA)
TSCA Toxic Substances Control Act (pronounced "toss-ka")
TSDF Treatment, Storage and Disposal Facility (RCRA)
UST Underground Storage Tank (RCRA)
Vessel Object designated for navigation on the water (ships, boats,
barges)
WQA Water Quality Act
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APPENDIX B
Sources of Additional information
Issue/Concern
CERCLA issues
RCRA issues
Underground storage
tank regulations
PCBs
EPA Contact Name
& Organization
RCRA/Superfund Hotline
RCRA/Superfund Hotline
RCRA/Superfund Hotline
TSCA Hotline
Emergency planning and Emergency planning and
community right-to-know community right-to-know
information line
CFRs, Acts, FR
Not copyrighted or protected;
at many libraries or for
purchase from the Government
Printing Office (GPO)
Contact Phone
Number
(800) 424-9346
(202) 382-3000
(800) 424-9346
(202) 382-3000
(800) 424-9346
(202) 382-3000
(202) 554-1404
(800) 535-0202
or
(202) 479-2449
(202) 783-3238
Title 40 CFR is updated as of July 1 of each year. The July 1, 1989 versions will
be available from GPO in fall 1989, 40 CFR Parts are bound as follows (e.g. 40
CFR 403.5 is in the volume containing 40 CFR Parts 400-424):
-51 EPA general, grants, air programs
-52 Air programs, cont.
53-60 Air programs, cont.
61-80 Air programs, cont.
81-99 Air programs, cont.
100-149 Water programs (1988 version costs $25)
150-189 Pesticide programs
190-299 Radiation, Noise, RCRA (1988 version costs $24)
300-399 Superfund, Emergency Planning & Community Right to Know
(1988 version costs $8.50)
400-424 Effluent guidelines (1988 version costs $21)
425-699 Effluent guidelines, cont., Energy policy (1988 version costs $21)
700-end TSCA, NEPA
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APPENDIX C
EPA Regional Offices
U.S. EPA Region 1
John F. Kennedy Federal Building
Room 2203
Boston, MA 02203
(617) 565-3715
U.S. EPA Region 2
26 Federal Plaza Room 900
New York, NY 10278
(212) 264-2657
U.S. EPA Region 3
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-9800
U.S. EPA Region 4
345 Courtland Street NE
Atlanta, GA 30365
(404) 347-4727
U.S. EPA Region 5
230 South Dearborn Street
Chicago, IL 60604
(312) 353-2000
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
New Jersey
New York
Puerto Rico
Virgin Islands
Delaware
District of Columbia
Maryland
Pennsylvania
West Virginia
Virginia
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
U.S. EPA Region 6 Arkansas
1201 Elm Street Louisiana
Dallas, TX 75270 New Mexico
(214) 655-6444 Oklahoma
Texas
U.S. EPA Region 7 Iowa
726 Minnesota Avenue Kansas
Kansas City, KS 77101 Missouri
(913) 236-2800 Nebraska
U.S. EPA Region 8 Colorado
One Denver Place-Suite 1300 Montana
999 18th Street North Dakota
Denver, CO 80202-2413 South Dakota
(303) 293-1603 Utah
Wyoming
U.S. EPA Region 9 Arizona
215 Fremont Street California
San Francisco, CA 94105 Hawaii
(415) 974-8071 Nevada
U.S. EPA Region 10 Alaska
1200 Sixth Avenue Idaho
Seattle, WA 98101 Washington
(206) 442-5810 Oregon
NOTE: The telephone numbers listed are general information numbers
only: please ask for the program office to obtain specific information on
the issues discussed in this booklet.
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