The Domestic Sewage Exclusion The RCRA-CWA

InterfaceDavid J. Knight P.E., WQ Program

Aurana Lewis, HW/TR Program

First Steps - Designate

Hazardous Waste

Fats Oils and Grease (FOG)

Biomedical Waste

Where are Washington State’s “DSE” Rules Found:

• Chapter 173-303 WAC – 071(3)(a) • Describes the Domestic Sewage Exclusion

– 170(3) Treatment by Generator• When waste is treated under RCRA,

potentially for disposal to the sewer.

– 802• Describes permit by rule requirements

Domestic SewageExclusion 071(3)

(a)

Treatment by Generator

170(3)

Permit by Rule 802

Treatment

Permitted Wastewater Treatment

Unit (WWTU)

All Drains to POTW

Intent of Extra Strings on WA Domestic Sewage Exclusion

• RCRA rules at 40 CFR part 261.4(a) don’t require confirmation that CWA oversight is being provided. To assure a handoff, WA requires confirmation of a WQ permit.

• In recognition that not all DW are appropriate to sewer, provisions only allow discharges to sewer that are: – not characteristic (-090), and not toxic (-100)

unless treatable by the POTW.– Specifically permitted by the POTW

vsPermit by

RuleTreatment by

Generator

Develop a waste treatment plan (a.k.a your Permit)

No treatment plan required (no permit). Procedures are strongly encouraged.

Treat waste in a treatment unit.

Containers or tanks of waste in the treatment unit are not required to be labeled or managed as hazardous waste.

Treatment occurs in a hazardous waste tank or container.

Containers or tanks of waste in the treatment unit are required to be labeled and managed as hazardous waste.

Notify Ecology Notify Ecology

No reporting of weight of waste treated on the Dangerous Waste Annual Report

Report weight of waste prior to treatment on the Dangerous Waste Annual Report

No log of treatment activity required. Log all treatment activities.

The Pretreatment HANDOFF

• Origins• Related Federal Pretreatment Terms• Related State Pretreatment Terms• Other Related Oversight Tools• Inter-Relationship of WQ & MRW staff

ORIGINS: Intent of RCRA Relating to Domestic Sewage Mixtures:

• As with the 1965 Solid Waste Disposal Act, RCRA (1973) defines mixtures of domestic sewage and other wastes as not being solid waste.

• This means such mixtures are exempt from regulation under RCRA

• Rationale: Pretreatment programs (under CWA) will adequately regulate toxic pollutants in such mixtures.

ORIGINS: What Does The Federal Exemption Cover

• DSE applies to industrial waste when the waste first enters a sewer system that will mix it with sanitary wastes and provide treatment by a POTW.

• Industrial waste must mix not only with onsite domestic wastes, but in the municipal sewer system with untreated sanitary wastes from non-industrial sources.

ORIGINS: What Doesn’t DSE Cover

• The wastes must pass through a POTW.

• Fugitive emissions (vapors and exfiltration) and sewerage sludges removed from the sewer collection system are not exempted by DSE.

• Wastes hauled to a POTW are not exempt under DSE.

Focus of Federal Pretreatment Programs

• EPA’s Pretreatment Rules at 40 CFR 403• Prevent “Pass Through” or “Interference”• Survey industries, require applications• Control all SIUs (Including CIUs) by permit.• 283 (del programs) 172 (state permits)• Assess compliance, monitor, inspect,

enforce.• POTWs not required to have authority to

reinforce RCRA

Pretreatment Support of RCRA: Federal Notification Requirements

• 40 CFR 403.12(p) (notification)• Industrial Users must notify the POTW, the EPA Regional

Waste Management Division Director, and State hazardous waste authorities in writing of discharge to the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261….

• Include the name of the HW, type of discharge• If >100Kg/Mo, HW constituents (mass and conc.)• Notification due once <180 days after starting

discharge.• Not required if identified in permit application already.• Notification of changed discharge also 403.12(j).

Federal Pretreatment Prohibitions• 403.5(a)(1) General prohibitions. A User may not introduce

into a POTW any pollutant(s) which cause “Pass Through” or “Interference”. (See definitions at 40 CFR 403.3)

• (b) Specific prohibitions. Pollutants shall sent to a POTW if they: (1) Create a fire or explosion hazard.(2) Cause corrosive structural damage or pH<5.0. (State >11.0)(3) Are solid or viscous enough to obstruct flow.(4) Cause Interference with the POTW.(5) Are hot enough to inhibit biological activity, or >40C at infl.(6) Have enough oil to cause interference or pass through.(7) Cause toxic gases, vapors, or fumes in the POTW.(8) Are trucked or hauled to other than an authorized point.(9) State: Clean water such as noncontact cooling,

stormwater, direct inflow, or water affecting system hydraulic loading that is not provided a significant degree of treatment (normally).

Local Limits

• Required for 17 “National Pollutants of Concern”

• Typically heavy metals, cyanide, but can include BOD, TSS, Ammonia.

• Other pollutants cannot violate prohibitions or cause pass through or interference.

Some Wastes Treatable at POTWsSource: EPA/540/2-90/007

• 2,4-Dinitrophenol 95% • Acenapthene 96% • Benzene 99% • Butyl Benzyl Phthalate 96%• Chlorobenzene 98% • Chloroform 92% • Ethylbenzene 98% • Napthalene 97% • Phenol 95% • Pyrene 95%• Trichloroethylene 93% • Toluene 98% • Vinyl Chloride 92%

Limits Due to Vapor Toxicity• Vapor Toxicity Discharge Screening Levels for Select

Pollutants • Acrolein 0.047 mg/L• Acrylonitrile 4.822 mg/L• Benzene 0.13 mg/L• Carbon Tetrachloride 0.03 mg/L• Chlorobenzene 2.31 mg/L• Chloroform 0.41 mg/L• Ethyl Benzene 1.59 mg/L• Methyl bromide 0.002 mg/L• Tetrachloroethylene 0.53 mg/L• Toluene 1.36 mg/L• Trichloroethylene 0.71 mg/L• Vinyl Chloride 0.003 mg/L

Limits Due to Explosivity

• 10% of LEL = Low Limits (<100ppm) for certain:• PARAFFIN HYDROCARBONS • OLEFINS • AROMATICS • CYCLIC HYDROCARBONS • SULFIDES • CHLORIDES • BROMIDES • FUELS Benzene 20mg/L, Trichloroethylene 114 mg/L,

Toluene 17 mg/L, Vinyl Chloride 2.2

Who Gets Pretreatment Permits: Significant & Categorical Industry

• 58 different Categories of Industries with Criteria.• http://water.epa.gov/scitech/wastetech/guide/indu

stry.cfm• Criteria generally lower than DW threshold.• Categorical rules do not prohibit discharge of what

would be DW to the sewer.• EPA’s Office of Science and Technology develops

the criteria. Revisits occasionally (not often enough)

• Overview of categorical standards also included in EPA’s Introduction to the Pretreatment Program:

• http://water.epa.gov/polwaste/npdes/pretreatment/index.cfm

Additional WA State Pretreatment Requirements

• 173-216-110 WAC – Permit conditions must support requirements of the state's Hazardous Waste Disposal Act (chapter 70.105 RCW), Solid Waste (chapter 70.95 RCW), RCRA and other applicable laws, rules.

• Gives Ecology flexibility to reinforce the DSE requirement to include HW constituents and concentration limits.

Water Quality Oversight• Plans required under 173-240 WAC (three):• Engineering Report– The pollutants in the discharge– The level of treatment needed & likely limits.– Estimated effluent quality after treatment– Any potential effects on the POTW

• Operations and Maintenance Manuals– Laboratory procedures, monitoring, sampling & analysis– Recordkeeping procedures & sample forms

• Why Important? Permits can require compliance with the O&M manual (and Chapter 173-303 WAC) allowing enforcement as permit violation.

Water Quality Oversight

• Permit Terms Related to RCRA:• Reinforce Compliance with Ch. 173-303• Require Slug Discharge Control Plans• Require Best Management Practices• Require Reporting & Recordkeeping for

HW

• Facility Inspections can confirm conditions and chemicals used

Overlapping Concerns:• HW Authorities can confirm Wastewater Permit

Applications exist and have:– Identified all chemicals used which would be HW if

otherwise disposed of– Properly characterized all waste streams– Identified occasional waste streams that may be HW

(e.g. from boiler cleaning, air handling equipment degreasing, etc.)

• Site inspections useful to confirm that safeguards against transfer system losses & fugitive emissions are in place.

• Can Suggest product substitutions

State Waste Discharge Permit App.

• Does the wastewater designate as a dangerous waste according to the procedures in Chapter 173-303 WAC? _______

• If so, how did the waste designate as a dangerous waste?– Listed Waste ___________– Characteristic Wastes ____________

Ignitable ___ Reactive ___ Corrosive ___ TCLP ___

– State Only Dangerous Wastes _____________Toxicity___ Persistent____

(Write Dangerous Waste Number(s) next to box)* PERMIT APPLICATION MUST BE SIGNED BY

POTW

Where are the Local Pretreatment Programs

• Metro (South, Westpoint, Carnation, Vashon, Brightwater)

• Lynnwood• Everett• Vancouver (Marine Park & Westside)• Tacoma (Central #1, and North #3)• LOTT (Budd inlet & Martin Way• Pierce County (Chambers Cr & Cascadia

Local Pretreatment Programs (cont)

• Yakima• Richland• City of Spokane• Spokane Co (w/City, RWRF & Latah

Cr)• Walla Walla• Quincy (Municipal & Industrial• Pasco (Municipal & Industrial)

What Else Pretreatment Covers:MIU Controls in Del. Programs

• Food Service Establishments (grease)• Breweries & Food/Bev Prod. (BOD)• Unused Pharmaceuticals (Tox)• Medical / Hospital wastes (Tox)• Photoprocessing Waste (silver)• Dental Wastes (Hg Amalgam, silver)• Car & Mobile Washers (Metals & TPH)• Automotive Repair Industry (Metals, TPH)• Dry Cleaners (Perc Water)• Hobby plating, pottery, refining, & crafts.

Helping Industry Reduce Liability

• Collection systems don’t always get all wastes to treatment systems

• Can result in a “cleanup site” CERCLA• To help avoid this, inspectors might: – Have facility Leak or pressure test their

underground pipes for leaks (new / old). – Properly line in-ground sumps – Cups & slopes drain lines

• Exposed concrete: ACI Standard 350-1

Examples of Field ConditionsTypical “Trench” Floor Drain

Stress Risers => Cracks => Leaks => Plumes

Improved Floor Drains

• Better design is cupped and sloped• Will not have standing water in it• Amenable to half-pipe liner (e.g. pvc)

• Intent – Avoid contaminating ground

SUMMARY• HW and WQ staff have complementary

roles in facilitating proper waste management and protecting POTWs

• Where HW Rules are not satisfied, HW staff can recognize & determine correction.

• WQ permit authorities can & should be including appropriate HW related conditions in permits they issue.

• Good decisions require good communication, mutual support, & coordination.

Questions?

David Knight P.E.d452k@comcast.netWastewater Pretreatment &

Treatment Engineer(360) 407-6277

Aurana LewisHazardous Waste SpecialistDepartment of Ecologyaule461@ecy.wa.gov(425) 649-7065