Environmental Newsletter
March 14, 2001
DEMETRIOU, DEL GUERCIO, SPRINGER & FRANCIS, LLP
(213) 624-8407
801 South Grand Avenue, 10 th Floor
Los Angeles, California 90017
New Wastewater Regulations Proposed for Metal Working Facilities
The U.S. Environmental Protection Agency ("EPA") is proposing further restrictions on wastewater discharges across the United States. On January 3, 2001, the EPA released its proposed regulations that will set new, broad-sweeping controls over wastewater discharges from metal working facilities. Significantly, the EPA creates a new category of facilities to be regulated under Title 40, Code of Federal Regulations, Part 438 entitled "Metal Products and Machinery Point Source Category." The types of businesses that will be regulated include facilities that manufacture, maintain, or rebuild metal parts, products or machines used in the following sectors: Aerospace, Aircraft, Bus & Truck, Electronic Equipment, Hardware, Household Equipment, Instruments, Job Shops, Mobile Industrial Equipment, Motor Vehicles, Office Machines, Ordnance, Precious Metals and Jewelry, Printed Wire Boards, Railroad, Ships and Boats, Stationary Industrial Equipment, and Miscellaneous Metal Products.
Government organizations targeted to be regulated include "Federal, State and Local government facilities that manufacture, maintain, or rebuild metal parts, products or machines."
The proposed regulations would establish technology-based effluent limitations guidelines and pretreatment standards for wastewater discharges associated with current metal working facilities. Also, stricter performance standards will be applied to new metal working businesses or government organizations that add metal working practices to their missions.
The bottom line is that EPA's action will require metal working facilities to treat their wastewater discharges to levels greater than what is required today. The following table shows the EPA's proposed sewer discharge limits for existing general metal working facilities which is the largest subdivision of Metal Working Facilities:
| PRETREATMENT STANDARDS for General Metals Facilities | ||
|---|---|---|
| Regulated parameter | Maximum daily (ppm) | Maximum monthly avg. (ppm) |
| 1. Total Organic Carbon (as indicator) | 87 | 50 |
| 2. Total Organics Parameter | 9.0 | 4.3 |
| 3. Cadmium | 0.14 | 0.09 |
| 4. Chromium | 0.25 | 0.14 |
| 5. Copper | 0.55 | 0.28 |
| 6. Cyanide (T) | 0.21 | 0.13 |
| 7. Cyanide (A) | 0.14 | 0.07 |
| 8. Lead | 0.04 | 0.03 |
| 9. Manganese | 0.13 | 0.09 |
| 10. Molybdenum | 0.79 | 0.49 |
| 11. Nickel | 0.50 | 0.31 |
| 12. Silver | 0.22 | 0.09 |
| 13. Sulfide (as S) | 31 | 13 |
| 14. Tin | 1.4 | 0.67 |
| 15. Zinc | 0.38 | 0.22 |
In contrast, the following table lists the specific pollutant limitations contained in the Los Angeles Municipal Code:
| CITY OF LOS ANGELES LIMITS for sewer discharge (L.A.M.C. 64.30) | |
|---|---|
| Regulated parameter | Maximum (ppm) |
| 1. Total Organic Carbon(as indicator) | -- |
| 2. Total Organics Parameter | -- |
| 3. Cadmium | 15 |
| 4. Chromium | 10 |
| 5. Copper | 15 |
| 6. Cyanide (T) | 10 |
| 7. Cyanide (A) | 2 |
| 8. Lead | 5 |
| 9. Manganese | -- |
| 10. Molybdenum | -- |
| 11. Nickel | 12 |
| 12. Silver | 5 |
| 13. Sulfide (as S) | 0.1 |
| 14. Tin | -- |
| 15. Zinc | 25 |
A comparison of the proposed limits to the existing sewer limits from the City of Los Angeles reveals that EPA will require general metal working facilities to treat their wastewater discharges to levels that are two orders of magnitude more stringent than today's discharge standards.
If the proposed rule becomes final, each affected metal working facility will have to evaluate its wastewater discharges against these standards, and if necessary, upgrade their wastewater treatment systems to ensure compliance. This could amount to substantial increased cost in a facility's capital and operating expenses.
At this point the rule is not final. However, now is the time for metal working facilities to provide their comments to the EPA. The EPA has set its comment period to end on May 3, 2001. If you would like to read the entire proposed rule as published in the Federal Register, please contact us, and we will gladly send you a copy.
Storm Water Discharges: Maintaining Compliance & New Requirements
If you operate a business or manage a government operation that the Regional Water Quality Control Board deems to be conducting an industrial activity, there are some actions you will have to take to stay in compliance, and you may be interested to know that new storm water requirements have come into force.
Storm Water Discharge Permit Requirements
Nearly every industrial activity whose operations are exposed to rainfall, where rainfall washes over the facility into the street or a storm drain, requires a National Pollutant Discharge Elimination System ("NPDES") permit. California has adopted a general permit program under which industrial facilities can become permittees rather than obtaining a separate facility NPDES permit. You become a permitee under the general permit when you file a Notice of Intent ("NOI"), which operates as your certification to abide by the permit's requirements.
Now is a good time for you to make sure that your facility is in compliance with either the storm water general permit or your facility NPDES permit. Here is a recap of the monitoring and reporting requirements of the general permit:
An annual report must be filed by July 1, 2001 for the July 1, 2000 through June 30, 2001-time period. Each business or government organization must certify that its annual report is true and accurate. Knowingly reporting false information can expose you to jail time and substantial fines that you may have to pay personally.
Unless your facility has a specific exemption, samples of storm water discharges from each facility discharge location must be collected and analyzed during two storm events. The first monitoring event should include the first storm of the wet season. But if you did not test the first storm event, you must still test discharges from two storm events during the reporting period. (General Permit, Section B.5)
Storm water samples must be collected within the first hour of a storm water discharge.
A visual inspection of your facilities must be done quarterly for any indication of unauthorized, non-storm water discharges and their sources. (General Permit, Section B.3.a).
During the wet season, visual observations must be conducted monthly of all storm water discharges at their discharge locations during the first hour of the storm event. The observations that need to be recorded are: (A) date, time and location of observation; (B) name and title of observer; (c) characteristics of the discharge and source of any pollutants; and (D) any new or revised Best Management Practices ("BMPs") needed to reduce or prevent pollutants in storm water discharges. (General Permit, Section B.4.a).
An annual comprehensive site compliance evaluation must be conducted and an evaluation report submitted. The evaluation report is required to address any Storm Water Pollution Prevention Plan ("SWPPP") revisions, a schedule for completing the SWPPP revisions, noncompliance incidents and the actions taken to correct the noncompliant incidents. Additionally, you must report the names of personnel who performed the evaluation and certify that your facility was in compliance with the general permit. (General Permit, Section A.9)
Standard Urban Storm Water Mitigation
In an unprecedented move, the Los Angeles Regional Water Quality Control Board has instituted the Standard Urban Storm Water Mitigation Plan or SUSMP (affectionately pronounced " sue-sump ") to control storm water contamination, such as trash, oil and sediments. Los Angeles County and its cities are required under the plan to develop new ordinances and permitting procedures to achieve the plan's storm water quality objectives. After a heated battle between the LA Water Board and about one half of the cities within Los Angeles County, the State Water Board upheld most of the plan's requirements. The modified plan became effective on February15, 2001.
Most facilities will be unaffected. However, SUSMP becomes extremely important for the design and construction of new facilities or remodeling of existing facilities. Planned subdivisions greater than 10 homes, commercial developments over 100,000 square feet, automotive repair shops, restaurants and parking lots with more than 25 stalls are developments or redevelopments required to meet the new SUSMP requirements.
The most controversial part of SUSMP is the mandated use of technically advanced structural Best Management Practices (BMPs) to eliminate trash, oil and grease, and sediments. Structural BMPs envisioned by SUSMP include storm water catch basins that contain trash, oil and sediment filters.
SUSMP requirements will be enforced by the cities and the County of Los Angeles through their permitting systems. When you apply for a building or grading permit, they will assess your design to make sure that SUSMP requirements are included.
If you are planning on building a new facility or remodeling your existing one, it would be a good idea to contact your city or the County of Los Angeles to see how SUSMP affects you.
Enforcement - Texaco Subsidiary to pay $4 Million for Wastewater Violations
On March 13, 2001, the Los Angeles Times reported that Texaco pled guilty to two felony charges under the Clean Water Act for discharging oil contaminated wastewater into the Dominguez Channel and, in a separate incident, to a creek in San Luis Obispo. The Los Angeles Times stated that Texaco discharged more than a million gallons of wastewater containing approximately 940 parts per million ("ppm") of oil and grease into the Dominguez Channel when Texaco's refinery was having problems with their water treatment systems. At the time, Texaco's NPDES permit effluent limitation was 62 ppm for oil and grease.
The second discharge was reported to be approximately 8,000 gallons of petroleum contaminated wastewater that was discharged in conjunction with petroleum underground storage tanks at a Texaco-owned service station.
Compliance Now
Discharges of storm water and wastewater have become increasingly more regulated in past few years, and we expect enforcement and regulation to continue to rise. For example, the LA Water Board reorganized its structure and now has a Storm Water Unit dedicated to enforcing storm water compliance, and Total Maximum Daily Loads ("TMDLs") are being prepared for impaired bodies of waters. Recently, the LA Water Board promulgated a zero discharge TMDL for Trash.
Do not let your facility become a victim of wastewater or storm water violations. Review your permit requirements now and submit any required reports on time.
About Us
Demetriou, Del Guercio, Springer and Francis, LLP has an established practice in the field of environmental law and provides its clients highly-skilled legal services to address environmental laws, regulations, liabilities, and opportunities. Our substantial environmental law practice encompasses civil and criminal matters involving air and water quality, hazardous material, hazardous wastes, subsurface investigations, and Superfund cleanups. We are actively prosecuting and defending cost recovery actions based upon the federal Comprehensive Environmental Response, Compensation, and Liability Act and various other statutory and common law theories.
If you need assistance, call us at (213) 624-8407. Our firm stands ready to assist you whether to ensure storm water and wastewater compliance or to help you provide comments to the EPA on the proposed metal working regulations.