Uniroyal Chemical Co.
Initial Proposal
UNIROYAL
CHEMICAL COMPANY,
INC.
P.O. Box 397
Geismar, Louisiana 70734
504-673-8871
504-387-5112
May 30, 1997
Receipt Certified #P279 031 426
Regulation Reinvention Pilot Project
FRL-5197-9, Water Docket
Mail Code 4101
U.S. Environmental Protection Agency
401 M Street, SW
Washington, D.C. 20460
Re: Project
XL - Uniroyal Chemical Company, Inc., Geismar, Louisiana Facility
Dear Sir:
Uniroyal Chemical Company, Inc. hereby submits
a proposal to achieve superior environmental performance through Project
XL for the Geismar facility. Uniroyal Chemical has been working with the
U.S. EPA Region VI and Louisiana Department of Environmental Quality (LaDEQ)
to implement polution prevention projects that will reduce the generation
of hazardous wastes and pollutant by 1.5 million pounds every year. This
is a summary of the proposal. We have developed a detailed description
of this proposal which, at their request, has been submitted to LaDEQ
and U.S. EPA Region VI for their review. The detailed supplement to this
proposal will be submitted as soon as their review is complete.
Uniroyal Chemical proposes to achieve the
superior environmental performance by applying resources to implement
pollution prevention projects that would otherwise be required to construct
an on-site waste water treatment plant. The waste water treatment plan
twould decrease the aluminum hydroxide solids discharged by the facililty
by approximately 4,000 pounds per day, while creating 19 million pound
sper year of wastewater treatment sludge. This sludge would be transported
through local communities and disposed of in local landfills.
The facility's current NPDES discharge permit
issued in 1995 includes a schedule whereby Uniroyal Chemical must begin
construction of a waste water treatment plant in June 1997 and have it
operating in April 1998. This waste water treatment plant would be removing
Total Suspended Solids (TSS), primarily aluminum hydroxide, from the facility's
wastewater. The facility has been discharging TSS containing aluminum
hydroxide since 1964 with no known adverse impact to the environment.
The facility has passed bioassay toxicity tests on its effluent every
year since 1988.
The facility's discharge is regulated under
the Clean Water Act by the effluent guidelines set for th in 40 C.F.R.
428.32 (Rubber Manufacturing Point Source Category -- Subpart C, Solution
Crumb Rubber Subcategory). These effluent guidelines were promulgated
in 1974. And the NPDES permits were issued to the facility in 1983, 1988,
and 1991, these regulations were interpreted by U.S. EPA Region VI in
such a manner as not to require the construction of an on-site waste water
treatment plant.
Beginning in 1993, U.S. EPA Region VI changes
its interpretation on how and where the pH limitations of the guidelines
should be monitored, resulting in the facility's inability to comply with
the applicable TSS requirements in the effluent guidelines. The facility's
1995 LPDES permit contains a compliance schedule for constructing and
operating the necessary waste water treatment plant.
The construction of the waste water treatment
plant will not eliminate or reduce any polluatnts; it will simply transform
approximately 4,000 pounds per day of TSS into 19 million pounds per year
fo waste water treatment sludge. The 19 million pounds of solid waste
will have to be transported through local communities and disposed of
in local landfills annually. The increased risk associated with this activity,
including transportation hazards, vehicle air emissions and risks associated
with land disposal are precisely the types of increased hazards to local
communities that the President and U.S. EPA seek to avoid through the
implementation of Executive Order 12898 on Environmental Justice.
In the past 33 years of the facility's operation,
there is no evidence that its TSS discharge has caused any water quality
problems in the Mississippi River where the facility's waste water is
discharged. Indeed, the facility has conducted bioassay toxicity tests
on its effluent every year since 1988 and passed each of those tests.
Therefore, constructing an doperating the waste water treatmen tplant
to remove TSS will not improve water quality -- rather it will simply
move solids from one medium (water) to another (land disposal). This is
contrary to the Agency's policy against cross-media transfers that create
no environmental benefit.
Uniroyal Chemical is proposing to allocate
several million dollars for the pollution prevention projects that will
reduce the generation of hazardous wastes and pollutant by approximately
1.5 million pounds per year. Not only will this result in a significant
reduction in the generation and off-site disposal of hazardous waste,
it will also avoid the transportation of 19 million pounds per year of
waste water treatment sludge.
Uniroyal Chemical has prepared a comprehensive
description of this Project XL proposal that sets forth in detail the
superior environmental performance, the regulatory flexibility sought,
and how the proposal meets all of the Project XL criteria. Uniroyal Chemical
has submitted a draft of the detailed proposal to U.S. EPA Region VI and
LaDEQ for their review, at their request to insure conformity to U.S.
EPA's Project XL's guidelines and to obtain early input from these key
stakeholders. We will submit the comprehensive description supplementing
this proposal as soon as their review is complete. Uniroyal Chemical has
received an order from LaDEQ which grants the stay of permit schedule
for constructing the waste water treatment plant for a specified time
during the pendency of our Project XL proposal approval and the negotiations
of the Project XL Final Project Agreement. If the proposal does not result
in a successful resolution, the permit schedule for the waste water treatment
plant will be reactivated by the LaDEQ.
We are very confident that our proposal will
meet and exceed U.S. EPA's Project XL criteria, and look forward to working
with U.S. EPA, LaDEQ and other stakeholders on this project. If you have
any questions, please do not hesitate to call me at (504) 387-5112.
Yours truly,
Jay S. Patel
Environmental Manager
JSP1.00g/mlg/File: 8.4.3.4
cc: Adele Cardenas (6EN-XP)
Environmental Engineer
U.S. EPA Region VI
1445 Ross Avenue
Dallas, Texas 75202-2733
(Receipt for Certified Mail #P279 031 428)
John Glenn,
Special Projects Manager
Office of the Secretary
Louisiana Department of Environmental Quality
P.O. Box 82263
Baton Rouge, Louisiana 70884-2263
(Receipt for Certified Mail #P279 031 429)
Gary Aydell,
Administrator
Office of Water Quality
Louisiana Department of Environmental Quality
P.O. Box 82215
Baton Rouge, Louisiana 70884-2215
(Receipt for Certified Mail #P279 031 430)
Linda Korn Levy
Assistant Secretary
Office of Water Resources
Louisiana Department of Environmental Quality
P.O. Box 82215
Baton Rouge, Louisiana 70884-2215
(Receipt for Certified Mail 3P279 031 431)
UNIROYAL CHEMICAL
COMPANY, INC.
P.O. Box 397
Geismar, Louisiana 70734
504-673-8871
504-387-5112
August 7, 1997
Certified Receipt #P279 033 143
Regulatory Reinvention Pilot Projects
FRL-5197-9
Water Docket, Mail Code 4101
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Re: Uniroyal Chemical, Inc.
Project XL Proposal
To Whom It May Concern:
Enclosed for U.S. EPA's consideration is
Uniroyal Chemical Inc.'s proposal to participate in EPA's Project XL.
This proposal responds to and meets each of the criteria set forth in
EPA' solicitation, 60 Fed. Reg. 27282 (May 23, 1995); 62 Fed. Reg. 19872
(April 23, 1997). This proposal reflects comments from U.S. EPA Region
VI and the Louisiana Department of Environmental Quality (LaDEQ) on an
earlier draft that we provided them.
This proposal offers EPA, the Louisiana Department
of Environmental Quality, Uniroyal Chemical and our stakeholders to work
together to implement innovative approaches to environmental protection
that will significantly decrease the volume of hazardous and solid waste
generated by Uniroyal Chemical's Geismar, Louisiana facility.
We urge you to accept this innovative proposal.
If you have any questions, please do not hesitate to call Jay Patel at
(504) 387-5112, ext. 783, or me at (504) 387-5112, ext. 737. We look forward
to working with you.
Yours truly,
V.J. Stadolnik
Factory Manager
JSP/xlpro2/mlg
Attachments
File #8.4.3.4.
cc: William B. Hathaway
Director Water Quality Protection Division
U.S. EPA Region VI
6WQ
1445 Ross Avenue
Dallas, Texas 75202-2733
(Certified Receipt #P279 031 416)
Adele D. Cardenas, P.E.
Environmental Engineer - Project XL
U.S. EPA Region VI
6EN-XP
1445 Ross Avenue
Dallas, Texas 75202-2733
(Certified Receipt #P279 033 144)
J. Dale Givens,
Secretary
Louisiana Department of Environmental Quality
P.O. Box 82135
Baton Rouge, LA 70884-2263
(Certified Receipt #279 033 151)
Linda Korn Levy
Assistant Secretary
Office of Water Resources
Louisiana Department of Environmental Quality
P.O. Box 82215
Baton Rouge, Louisiana 70884-2215
(Certified Receipt #P279 033 147)
John C. Glenn,
Special Projects Manager - Project XL
Office of the Secretary
Louisiana Department of Environmental Quality
P.O. Box 82263
Baton Rouge, Louisiana 70884-2263
(Certified Receipt #P279 033 145)
Gary Aydell,
Administrator
Office of Water Quality
Luoisiana Department of Environmental Quality
P.O. Box 82215
Baton Rouge, Louisiana 70884-2215
(Certified Receipt #P279 033 146)
UNIROYAL CHEMICAL COMPANY, INC.
GEISMAR, LOUSIANA FACILITY
PROJECT XL PROPOSAL
August 7, 1997
SUMMARY OF PROJECT
Uniroyal Chemical Company, Inc.'s Geismar, Louisiana facility seeks to implement pollution prevention projects that will reduce the generation of hazardous wastes and pollutants by 1.5 million pounds every year. This superior environmental performance will be achieved by applying to these pollution prevention projects some of the resources that would otherwise be required to construct an on-site waste water treatment facility that would generate over 12.5 million pounds of waste water treatment sludge per year.
The applicable Clean Water Act effluent guidelines appear to require Uniroyal Chemical, at a cost of several million dollars, to construct and operate a new waste water treatment plant. This new plant, which would supplement the existing treatment system that removes rubber-related mateirals from the waste water, would decrease the relatively small amount of non-toxic solids contained in the facility's waste water that are discharged to the Mississippi River. However, this new waste water treatment plant would also generate over 12.5 million pounds per year of waste water treatment sludge that would have to be trucked through local communities to local disposal facilities.
The current discharge of solids, which has been permitted for 20 years, does not pose any actual or potential risks to human health or the environment. Further, the generation, transport and disposal of tons of sludge generated by the required waste water treatmentplant will actually increase risks to public health, safety and the environment. The application of the effluent guidelines will simply transfer environmental loadings from one medium (water) to another (land) at great cost while at the same time increasing, not decreasing, risks to human health and the environment. The effort associated with building and operating the waste water treatment plant would be better allocated to projects that significantly improve environmental performance without any "downside" risks or cross-media transfers.
Uniroyal Chemical proposes to implement pollution prevention project sthat will produce real and permanent reduction of hazardous wastes generated by the facility. The facility intends to eliminate the generation of 1.5 million pounds per year of hazardous wastes and pollutants through four specific projects.
1. Improve Toluene Recovery: This will result in a reduction of the off-site hazardous waste disposal of toluene wastes (F005//D001) from 698,000 pounds per year to 398,000 pounds per year, a 300,000 pound/year reduction (or 43%).
The facility is also investigating additional water conservation opportunities to enhance its existing water conservation program. Since the facility has successfully implemented a number of water conservation program over the past several years, it is currently not clear what, if any, additional water conservation opportunities exist.
It is important to note that these are all pollution prevention projects that will not only decrease the volume of hazardous waste generated; they will also decrease the volume of chemicals that the facility must use. These projects are a much more efficient and environmenatlly protective use of Uniroyal Chemical's resources than constructing a treatment plant that will actually increase the amount of waste generated by the facility.
Uniroyal Chemical seeks, through its NPDES permit or some other appropriate legal mechanism, the flexibility to continue to discharge its waste water in a manner consistent with its earlier permits so that it will not have to construct and operate the new waste water treatment plant. This will allow Uniroyal Chemical to implement the pollution prevention projects that will result in truly superior environmental performance.
This proposal meets the criteria set forth by U.S. EPA for Project XL initiatives (set forth in 60 Fed. Reg. 27282 (May 23, 1995) and 62 Fed. Reg. 19872 (April 23, 1997).
· Superior Environmental Performance: This project will result in the elimination of 1.5 million pounds per year of hazardous wastes and pollutant, decrease the volume of chemicals that the facility must transport to the facility as raw materials, and will avoid generating and transporting over 12.5 million pounds per year of waste water treatment sludge through local communities to local landfills. This superior environmental performance is summarized in the following table.
|
|
PROJECT XL |
|
|
pounds per year |
pounds per year |
pounds per year reduction |
|
pounds per year |
pounds per year |
pounds per year reduction |
|
pounds per year |
pounds per year (current level) |
pounds per year (maintain current level) |
|
pounds per year |
pounds per year |
pounds per year reduction |
|
trucks per year |
trucks per year |
trucks per year reduction |
|
trucks per year |
trucks per year |
trucks per year reduction |
|
|
pounds per year reduction |
pounds per year reduction |
This project will clearly result in superior environmental performance.
· Stakeholder Support: This project is supported by the Louisiana Department of Environmental Quality (LaDEQ) and U.S. EPA Region VI, and will be discussed with the facility's local community environmental group. The facility has, in conjunction with LaDEQ, developed a plan for stakeholder participation in this project. This plan has the following features:
- Working with U.S. EPA, LaDEQ and local stakeholders to identify potential "direct participants" and "commentors" in this project. This procedure includes makes direct contacts with stakeholders and, if this proposal is accepted, publishing a notice in the local media inviting participation.
This plan is described in more detail beginning on page 13 of this proposal.
· Regulatory Flexibility: Without regulatory flexibility, the facility will be forced to construct and operate a waste water treatment plant that will increase, not decrease, risks to human health and the environment. This project seeks a more flexible approach to Clean Water Act permitting and the application of the effluent guideline regulations to the facility, allowing the facility to better allocate its resources to achieve superior environmental performance.
· Cost Savings: This project will re-direct certain of the resources that would be required by the construction and operation of the waste water treatment plant, resulting in several million dollars dedicated to four pollution prevention projects. These projects will produce superior environmental performance with less cost than if the current regulatory requirements were inflexibly applied. These projects will create additional cost savings by decreasing the volume of wastes that are transported and disposed of off-site and by reducing the volume of new chemicals that must be brought to the site as raw materials.
· Innovative/Multi-Media Pollution Prevention: This project approaches pollution prevention from a multi-media perspective by avoiding spending scarce resources on simply transferring solids from one medium (water) to another (land), and instead focusing the facility's efforts on permanent reductions in the generation of hazardous wastes and pollutants. By improving the facility's capability to recycle and reuse solvents, this project will also reduce the amount of new chemicals that the facility must use as raw materials.
· Shifting of Risk Burden: This project will reduce risks to our community and is consistent with Executive Order 12898 on Environmental Justice. Indeed, this project will:
- avoid the generation of millions of pounds of sludge that would have to be transported through local communities and disposed of in local landfills;
· Transferability: This project will produce transferable experiences for U.S. EPA and LaDEQ by suggesting creative and more environmentally protective solutions to multimedia challenges. Further, Uniroyal Chemical is prepared to share information about its pollution prevention processes, with the caveat that confidential business information cannot be disclosed.
We are confident that this project meets U.S. EPA's Project XL criteria and will produce superior environmental performance in a manner that meets the expectations of Uniroyal Chemical, U.S. EPA, LaDEQ, and the community.
DESCRIPTION OF THE PROJECT
THE CURRENT SITUATION
UNIROYAL CHEMICAL COMPANY, INC. - GEISMAR, LOUISIANA FACILITY
Uniroyal Chemical Company, Inc., a subsidiary of Crompton & Knowles Corporation, has been operating this facility in Geismar, Louisiana since 1963. The site employs more than 500 people and produces over 290 million pounds of products per year. The site is a major world-wide producer of synthetic rubber products primarily used in automobiles, rubber hoses, roofing, and wire and cable. The site also produces a variety of specialty chemicals used as processing aids and antioxidants for the rubber and plastic processing industry. These specialty chemicals protect and extend the life of products affected by exposure to the sun and other weather conditions.
The facility has a long record of superior environmental performance. Among the facility's accomplishments are:
1. The facility has maintained an excellent compliance record, including passing a recent U.S. EPA Region VI multi-media inspection.
2. By 1995, the facility decreased its Toxics Release Inventory reportable releases by 11.4 million pounds, a 79% reduction from its 1990 reportable releases.
3. Exceeded applicable Clean Air Act MACT standard for hexane several years ahead of schedule.
4. Received a National Performance Review Certificate from Vice President Al Gore for outstanding achievements in U.S. EPA's 33/50 program.
5. Recognized as an LaDEQ Environmental Leadership Facility.
6. Received the 1997 Louisiana Governor's Award for outstanding achievements in pollution prevention.
7. Received U.S. EPA Region VI 1996 Regional Administrator's Environmental Excellence Award for Underground Injection Control Class I Non-hazardous Injection Well Category.
8. Recognized as a "Facility of the Year' in 1997 by the Environmental Protection Magazine.
Attachments 1-8 provide additional information on these points.
The facility has had a long and positive relationship with the local community through several programs. The facility participates in the local Community Advisory Panel (CAP) and Community Awareness and Emergency Response (CAER) committee. Both the CAP and CAER routinely inform the loal community regarding Uniroyal Chemical's environmental performance, including releases to the environment and the facility's various pollution prevention projects. The facility has also "adopted" two local schools, providing educational support through employee participation, and has also established local university scholarship fund for environmental engineering education.
Overall, the facility is very proud of its "beyond compliance" environmental performance record, and looks forward to enhancing that superior environmental performance through this project.
THE CLEAN WATER ACT REGULATIONS AND THEIR IMPACT ON UNIROYAL CHEMICAL'S OPERATION
Uniroyal Chemical discharges 800,000 gallons per day of waste water from the synthetic rubber manufacturing plant. The facility's discharge is regulated under the Clean Water Act by the effluent guidelines set forth in 40 C.F.R. § 428.32 (Rubber Manufacturing Point Source Category - Subpart C, Solution Crumb Rubber Subcategory). These effluent guidelines were promulgated in 1974. The effluent guidelines establish parameters for COD, BOT, Total Suspended Solids (TSS), Oil and Grease and pH. The pH parameter is set at 6-9. What is at issue in this proposal is where the pH is measured and how the facility's TSS discharges will be regulated. The process wastewater is first created at the facility by rubber "crumb removal" in five "crumb pits." Crumb removal involves the physical removal (skimming) of floating solids from the wastewater. All crumbs are transported off-site for disposal. The significant remaining materials in the effluent are catalyst residues. These catalyst residues remain in solution at low pH and only precipitate as inert and non-toxic aluminum (~ 90%) and vanadium hydroxides (~ 10%) ("hydroxides") when neutralized. These catalyst solids cannot be removed through simple gravity separation like the rubber crumb solids.
The permitted outfall for the effluent is located at the facility and is not the point where effluent is discharged to the Mississippi River. The discharge is sent to a treatment facility operated by Monochem, Inc., where the facility's effluent is adjusted for pH prior to discharge through a common effluent pipe to the Mississippi River. Monochem is an independent utility company that is jointly owned by Uniroyal Chemical and Borden Chemical & Plastics. This arrangement has been in place since 1963.
The NPDES permits issued by U.S. EPA Region VI for the facility in 1974, 1983, 1988, and 1991 allowed the facility to discharge its effluent without pH adjustment prior to it being piped to the Monochem treatment plant. The effluent has been neutralized by Monochem to the required pH of 6-9 prior to discharge to the Mississippi River since 1963. The pH of the effluent at the facility before it is piped to Monochem ranges from 3 to 4. At that pH level, the catalyst residues do not precipitate out of the effluent as solids. After pH adjustment at Monochem, approximately 4,000 pounds/day of hydroxide solids precipitate out of the Uniroyal Chemical facility's effluent. The approach taken by the 1974-1991 NPDES permits allowed the facility to meet its TSS limit at the discharge point from the facility.
For the 1993 NPDES permit, U.S. EPA Region VI changed the approach of the previous permits. Rather than allowing the pH limit to be controlled at the outfall to the Mississippi River at Monochem, the Agency required that the pH limit be controlled at the facility prior to the effluent discharge to Monochem. Controlling the effluent to the 6-9 pH level at the facility ahs a significant effect on Uniroyal Chemical's ability to meet the TSS requirements of the effluent guidelines. At a higher pH, the catalyst residues have a greater tendency to precipitate out of the waste water as hydroxides and therefore increase the TSS concentrations at the monitoring point.
If Uniroyal Chemical's effluent is neutralized prior to the transfer to Monochem, the facility will not be able to meet the TSS limits set by the applicable effluent guidelines without constructing and operating a new on-site waste water treatment plant. The treatment plant would reduce the facility's TSS discharge from approximately 4,000 pounds per day to less than 130 pounds per day, thereby meeting the appliable effluent guidelines.
The facility has already conducted preliminary engineering studies on the design and operation of the treatment plant. The treatment plant would adjust the pH of the effluent through the addition of lime slurry. The hydroxides that precipitate from the effluent would be separated by a series of steps that would first result in the creation of a sludge with a 2% solids content. This sludge would be piped to a dewatering unit with a precoated (with diatomaceous earth) rotary vacuum filter. The dewatering unit would generate filter cake with a solids content of approximately 15%.
It is estimated that the treatment plant would generate over 12.5 million pounds of sludge per year. This figure is derived from calculations taking into account the quantity of solids that will precipitate out of the effluent, the solids that would be added to the sludge during the treatment process (primarily the diatomaceous earth during dewatering) and the water content of the sludge. This sludge would have to be land disposed at local solid waste landfills. It would take almost 400 truck trips per year to transport this sludge to offsite disposal locations. This outcome has several serious implications, including its impact on landfill capacity, the environmental impact of transportation, and the safety issues associated with the increased truck traffic through local communities.
The facility's current permit was issued on November 1, 1995, with an expiration date of October 31, 2000. The permit was initially issued by U.S. EPA Region VI as an NPDES permit, but since administration of the federal NPDES program was delegated to the state in August 1996, the NPDES permit was transformed into a state LPDES permit. The LPDES permit contains a compliance schedule for Uniroyal Chemical to construct a waste water treatment plant, with construction to begin in June 1997 and start-up scheduled for April 1, 1998. Uniroyal Chemical has received an order from LaDEQ which grants the stay of permit schedule for constructing the waste water treatment plant for a specified time during the pendency of our Project XL proposal approval and the negotiations of the Project XL Final Project Agreement. If the proposal does not result in a successful resolution, the permit schedule for the waste water treatment plant will be reactivated by the LaDEQ.
THE ENVIRONMENTAL IMPACT OF FOLLOWING THE APPLICABLE CLEAN WATER ACT REGULATIONS AT UNIROYAL CHEMICAL'S FACILITY
Forcing Uniroyal Chemical to meet pH and TSS limits within the facility boundary does not make environmental or economic sense for the following reasons:
1. It would not result in the elimination of any waste. Rather, it would simply transfer the TSS discharge from the river to a local landfill in the form of waste water treatment sludge with vastly increased weight and volume.
2. It would result in an increase in the amount of water generated by the facility. In an effort to eliminate approximately 4,000 pounds per day of TSS, the waste water treatment facility would generate over 12.5 million pounds per year of sludge. As discussed above, the high volume of sludge is due to its water content and the addition of solids from the filter medium during the dewatering process.
3. The TSS in the facility's discharge does not pose a threat to the environment. The TSS in the facility's discharge is primarily aluminum hydroxide, with low levels of vanadium oxide. The TSS contains extremely low concentrations (below those set by the effluent guidelines) of synthetic rubber crumbs, which was the primary constituent of concern when the U.S. EPA originally promulgated the effluent guidelines in 1974. The facility has conducted bioassay/toxicity testing on its effluent at a point prior to its transfer to Monochem every year since 1988, and has passed every test. Further, there is no evidence that the TSS in the facility's discharge has or could create any solids-related water quality problems in the Mississippi River. The facility has been discharging TSS to the river through Monochem since 1963, and there have been no problems detected over the past 34 years that would support mandating a dramatic reduction in TSS now.
4. Managing and disposing of over 12.5 million pounds per year of waste water treatment sludge would increase the environmental, health, safety and transportation risks associated with the facility's operations. The volume of sludge represents almost 400 truck loads per year that will have to be transported through local communities. This volume of truck traffic creates accident and spill risks, vehicle air emissions, increased energy use and potential concerns such as noise. Further, this volume of sludge will place a significant burden on local solid waste landfills.
The strict interpretation of the effluent guidelines applicable to Uniroyal Chemical would be contrary to a number of core U.S. EPA policies.
1. It is inconsistent with the well-accepted pollution prevention hierarchy, which stresses that environmental protection should initially focus on materials substitution and reuse rather than treatment and disposal. In this situation, not only are Uniroyal Chemical's resources being diverted from substitution and reuse to treatment, but the waste water treatment plant will actually generate more waste.
2. It is inconsistent with U.S. EPA's policy to avoid addressing environmental issues by transferring pollution from one medium to another. Requiring the transfer of non-toxic solids from the river to land disposal will actually increase environmental, health and safety risks.
3. It is inconsistent with the President's and the U.S. EPA's policy to avoid disproportionate impacts on local communities. Shifting the management of non-toxic solids from the discharge to the river, where there are no demonstrated ill effects after 33 years of discharge, to transporting hundreds of truck loads a year of sludge through local communities and to local landfills will increase the environmental, health and safety risks to the public.
For these reasons, the application of the effluent guidelines at the facility boundary does not make environmental or economic sense and regulatory flexibility is warranted and will result in significant benefit to the environment.
UNIROYAL CHEMICAL'S PROPOSAL
A. POLLUTION PREVENTION PROJECTS
In lieu of constructing the waste water treatment plant, Uniroyal Chemical proposes to undertake four pollution prevention projects that will result in the elimination of 1.5 million pounds per year of hazardous wastes and pollutant. Of the total, 1.4 million pounds per year will be hazardous wastes, and 100,000 pounds per year will be reductions in a non-hazardous pollutant disposed via deep well injection. The pollution prevention projects are based on raw materials recovery and recycle processes.
The baseline for these calculations is 1995 performance derived from data reported pursuant to the Toxics Release Inventory provisions of the Emergency Planning and Community Right to Know Act. The projected improvements in environmental performance related to each project are based on engineering calculations that rely on the facility's knowledge of the processes involved and professional expertise. More technical details associated with the projects can be discussed during the Final Project Agreement ("FPA") negotiation process.
1. Improve Toluene Recovery: This will result in a reduction of the off-site hazardous waste disposal of toluene wastes (F005/D001) from 698,000 pounds per year to 398,000 pounds per year, a 300,000 pound/year reduction (or 43%).
- The current toluene recovery process uses a vacuum technology. The efficiency of the recovery process would be enhanced to achieve the projected reductions by shifting to an atmospheric recovery system, which would entail the use of high pressure steam and heat exchangers. The performance of this project will be tracked through the TRI data collection and reporting process.
1. Recover and Recycle Solvents from High Boiling Tars: This will result in the reduction of the off-site hazardous waste disposal of these solvent wastes (F005/D001) from 4,000,000 pounds per year to 3,200,000 pounds per year, a 800,000 pound/year reduction (or 20%).
- These performance enhancements will be achieved by installing a secondary separation unit and associated storage units in order to recover intermediate reaction products and recycle material back to the manufacturing process. The performance of this project will be tracked through the TRI data collection and reporting process.
1. Ketone Recovery: This will result in the reduction of off-site hazardous waste disposal of ketone wastes (F003) from 650,000 pounds per year to 350,000 pounds per year, a reduction of 300,000 pounds per year (or 46%).
- This project will involve making improvements to the separation column to enhance the recovery of alcohol which will then be converted to usable ketone. The performance of this project will be tracked through the TRI data collection and reporting process.
1. Ketone Secondary Separation: This will result in the reduction of a water soluble ketone in the water effluent disposed via underground injection well from 150,000 pounds per year to 50,000 pounds per year, a reduction of 100,000 pounds per year (or 67%).
- A secondary ketone separation process will be added which will vaporize the aqueous phase from the existing decanting process and recover ketone which will then be returned to the manufacturing process. The performance of this project will be tracked by measuring the concentration of MIBK in the waste water.
Once initiated, two of the projects should be complete and operating in 2-3 years, while two other projects that require more extensive engineering and testing may take 4-5 years to become operational.
It is important to note that an additional benefit of these projects will be reductions in the quantities of chemicals the facility must use as raw materials.
A. REGULATORY FLEXIBILITY
The regulatory flexibility sought by Uniroyal Chemical is a variance (or some other appropriate mechanism) from the requirement that it meet the pH limit at the point where its effluent is transferred to Monochem. If the proposal is approved and a Final Project Agreement is signed, Uniroyal Chemical's LPDES permit would be revised to incorporate the permit conditions and limitations set forth in such agreement. However, if the facility is unable to obtain approval of the proposal within a defined period of time, the facility would be obligated to construct and operate the on-site waste water treatment system within a reasonable period of time thereafter.
Pending full consideration of Uniroyal Chemical's proposal and any resulting modification of Uniroyal Chemical's LPDES permit, the pH in Uniroyal Chemical's waste water discharges will be subject to an order issued by LaDEQ in June 1997.
B. MEASURING THE PROJECT XL CRITERIA
1. SUPERIOR ENVIRONMENTAL PERFORMANCE
This proposal clearly meets U.S. EPA's recently issued guidance on "superior environmental performance." 62 Fed. Reg. 19872 at 19873-19876 (April 23, 1997).
a. Tier One: The Tier One assessment establishes a benchmark which is a reasonable estimate of what has happened to the environment absent Project XL. The facility's projected performance under Project XL cannot be less than this benchmark. While the benchmarks are loadings set for each medium, U.S. EPA will allow "trade offs" among loadings where the overall level of environmental performance is superior. Therefore, it may be acceptable for projected performance to exceed loadings to a particular medium.
The relevant Tier One loadings for this proposal, i.e., those that would occur in the absence of Project XL, along with the facility's projected performance if Project XL is implemented, are as follows:
ENVIRONMENTAL LOADING |
|
PROJECT XL |
|
Off-site Hazardous Waste Disposal |
pounds per year |
pounds per year |
pounds per year reduction |
|
pounds per year |
pounds per year |
pounds per year reduction |
|
pounds per year |
pounds per year (current level) |
pounds per year (maintain current level) |
|
pounds per year |
pounds per year |
pounds per year reduction |
|
trucks per year |
trucks per year |
trucks per year reduction |
|
trucks per year |
trucks per year |
trucks per year reduction |
Quantity of Raw Materials Saved |
|
pounds per year |
pounds per year reduction |
These figures speak for themselves; implementing
this project will certain exceed the Tier One benchmark of the facility's
projected environmental performance absent Project XL. The proposed
pollution prevention projects are beyond any regulatory requirements
and also economically unfeasible.
The only potential cause for concern is
that the TSS loadings will be greate rwith Project XL than without.
However, it is important to note that this is not an increase in TSS
levels; it is maintaining the TSS levels that have been permitted for
decades. There is no evidence that this discharge of TSS has ever caused
a water quality problem over the past 34 years, and the fadcility has
passed every bioassay/toxicity test of its effluent conducted over the
past decade. Further, with the significant reduction in toxic waste
generation and the avoidance of generating massive amounts of solid
waste, there can be little doubt that Uniroyal Chemical's project is
"equivalent" as discussed by U.S. EPA.
a. Tier Two:
Assuming that the proposed project is at least "equivalent"
as discussed above, the Agency applies a number of other criteria to
evaluate whether the proposed project will produce "truly superior
environmental performance." Uniroyal Chemical's project meets or
exceeds these criteria.
(1) Increment by which the project exceeds
the Tier One benchmark. The
chart on the previous page vividly illustrates the degree to which this
project will exceed the Tier One benchmark. 1.5 million pounds of hazardous
wastes and pollutant per year will be eliminated and the generation
of approximately 12.5 million pounds per year of waste water treatment
sludge will be avoided. In addition, the facility will decrease its
use of new chemicals as raw materials.
Uniroyal Chemical's proposal meets U.S. EPA's Project XL criteria for superior environmental performance.
1. COST SAVINGS
This project will allow the facility to achieve a higher level of environmental performance at a reduced cost. It will re-direct a significant percentage of the funds associated with constructing the waste water treatment plant to the more effective pollution prevention projects. On an ongoing basis, it will decrease Uniroyal Chemical's cost of hazardous and solid waste disposal by reducing the amount of hazardous waste generated and avoiding the generation of over 12.5 million pounds per year of waste water treatment sludge.
2. STAKEHOLDER PARTICIPATION
At the initial phase of this project, Uniroyal Chemical has shared drafts of this proposal with U.S. EPA Region VI and LaDEQ in order to determine their interest in the proposal. Both agencies agree that the proposal would offer superior environmental performance and is worthy of consideration for Project XL.
Uniroyal Cheimcal has asked LaDEQ and EPA Region 6 to recommend potential "direct" and "commentor" stakeholders as described in 62 Fed. Reg. 19872 (April 23, 1997). We have specifically asked LaDEQ's Environmental Justice Coordinator, Janice Dickerson, for her recommendations for an environmental justice representative. We are also requesting recommendations from the Ascension Parish Council, the Louisiana Environmental Action Network, Save Our Selves, Ascension Parish Residents Against Toxic Pollutants (environmental justice) as well as the Citizens Advisory Panel ("CAP").
If accepted into Project XL, Uniroyal Chemical will publish a notice in the Gonzales Weekly and the Ascension Parish Citizen inviting additional citizen participation for both direct participants and commentors. In addition, we will notify local chapters of national environmental groups that have shown in interest in Project XL.
a. Stakeholder Advisory Committee Formation
The goal will be to create a balanced group of direct participants that represent local stakeholders and those interested in the broader implementation of the concepts being tested. Should a vacancy occur or should there be a decision to seek input from additional viewpoints, Uniroyal Chemical will work with LaDEQ, U.S. EPA and the existing direct participants to seek such input.
b. Commentors and the General Public
The general public will be kept informed through periodic news releases to the Gonzales Weekly and the Ascension Parish Citizen.
The FPA will be subject to general notice and comment via publication in the Federal Register.
c. Other Process Issues
The Stakeholder Advisory Committee will play a significant role in defining the project and providing stakeholder input on the project. Uniroyal Chemical has a history of excellent environmental performance and good relations with the community, and takes the views and concerns of the community very seriously.
The Stakeholder Advisory Committee will be advisory in nature: final authority to approve the project lies with U.S. EPA and LaDEQ. Uniroyal Chemical recommends that the Stakeholder Advisory Committee operate on a general consensus basis (rather than on a 100% unanimity basis). The Stakeholder Advisory Committee will meet on a regular basis, with the schedule to be worked out among the participants. The goal will be to meet on a schedule that enhances stakeholders' ability to participate on a regular basis.
If this proposal is accepted, the initial meeting of the Stakeholder Advisory Committee will, as discussed above, address issues such as the makeup of the committee and the procedures whereby it will operate. This initial meeting will also include an overview of the Project XL program (perhaps provided by either U.S. EPA or LaDEQ) and a presentation by Uniroyal Chemical outlining its proposal. The local press will be invited to this meeting.
If the project is approved, Uniroyal Chemical expects that the Stakeholder Committee will have an ongoing role in following the progress of the project. This role will be more clearly defined in the FPA.
1. MULTI-MEDIA POLLUTION PREVENTION
Without Project XL, the facility would be spending several million dollars simply to convert solids from its waste water to sludge destined for off-site land disposal. Uniroyal Chemical's proposed project would instead follow the well-accepted pollution prevention hierarchy and U.S. EPA policy by applying its resources to reducing or eliminating the generation of hazardous wastes and pollutants. The four projects to recover solvents will also result in reductions in the volume of new chemicals the facility must use as raw materials.
2. TRANSFERABILITY
This project should produce transferable experiences at both the conceptual and technical levels.
-
- At the conceptual level, it
will provide industry, regulators and the public with practical experience
in addressing multi-media challenges.
- On the technical side, to the extent permitted within the constraints of not disclosing confidential business information, Uniroyal Chemical will share technical information about the pollution prevention projects that will be implemented. While there are no many facilities that produce similar products in the U.S., some of the technologies employed by Uniroyal Chemical to reduce the generation of solvent wastes may be useful to other facilities in the chemical industry. In addition, the experience in the practical application of these technologies may also generate some useful "lessons learned" for other facilities.
1. FEASIBILITY
The pollution prevention projects proposed by Uniroyal Chemical are technically feasible. Uniroyal Chemical has already satisfied itself through engineering studies that the pollution prevention projects are feasible and is in the process of developing detailed plans on how to implement them. This work has included developing plans for conducting pilot studies. Top management has already committed the necessary resources should this proposal be accepted. The regulatory flexibility element of the project is also administratively and legally feasible, using the facility's LPDES permit as the legal vehicle.
2. MONITORING, REPORTING AND EVALUATION
This project is suited to clear tracking and reporting. The four proposed pollution prevention projects are capable of being monitored since they involve reductions in the generation of regulated waste. At this time, the primary tracking vehicle for the pollution prevention projects is anticipated to by TRI reporting. The objectives of the projects are well defined, as is the anticipated duration of the projects. These characteristics of the project will make reporting progress to regulators and other stakeholders relatively easy.
3. SHIFTING OF RISK BURDEN
This proposed project is consistent with Executive Order 12898 on Environmental Justice, is protective of worker safety, and does not subject anyone to unjust or disproportionate environmental impacts. Indeed, the project will do precisely the opposite by:
- significantly decreasing the quantity of hazardous wastes and pollutants generated by the facility;
- reducing the volume
of new chemicals that the facility must transport through local communities
for use as raw materials.
CONCLUSION
Uniroyal Chemical is very proud of its
past environmental performance and strongly believes that this proposal
meets or exceeds all of U.S. EPA's requirements for Project XL. This
project will produce demonstrable superior environmental performance
in a defined period of time. The proposed pollution prevention projects,
if approved, will provide measurable superior environmental performance.
In the absence of the project, a waste water treatment plant may have
to be built to meet the water effluent guidelines which will generate
over 12.5 million pounds per year of solid waste and added environmental
risks to the community.