NOTE
SUBJECT:
Review
of
State
Regulations
governing
Chat
Washing
Operations
TO:
File
FROM:
Stephen
Hoffman
DATE:
1/
11/
06
The
Agency
conducted
a
review
of
applicable
state
regulation
of
chat
washing
facilities
to
determine
if
existing
regulations
were
adequate
to
address
environmental
risks
associated
with
chat
washing
facilities.

Oklahoma
We
conducted
a
review
of
the
Oklahoma
DEQ
web
site
to
determine
if
there
were
chat
washing
specific
regulations
as
well
as
obtaining
input
from
ODEQ
staff.
It
appears
that
there
are
only
two
operating
chat
washing
facilities
in
the
state.
One
facility
is
operating
under
an
Agreement
on
Consent
which
sets
specific
environmental
performance
requirements
related
to
waste
water,
storm
water
and
solid
waste
handling
and
disposal.
According
to
ODEQ
the
other
facility
is
currently
negotiating
a
similar
Agreement
but
it
has
not
yet
been
finalized.

Oklahoma
does
not
have
any
specific
rules
for
chat
washing
facilities.
If
chat
washing
facilities
operate
within
the
boundaries
on
an
Superfund
site,
their
operations
may
be
governed
by
EPA
decisions
and
may
be
exempt
from
NPDES.
If
they
are
ruled
not
exempt
from
NPDES,
then
they
would
have
BPJ
TSS
limits
and
other
limits
as
needed
to
meet
state
water
quality
standards
(
WQS).
The
WQS
limits
they
would
have
to
meet
would
be
site
specific
depending
on
what
is
being
washed
of
the
chat,
the
effluent
flow,
the
stream
flow,
and
several
other
factors.
The
applicable
regulations
would
be
OAC
785:
45,
785:
46,
and
252:
690.
A
permit
would
include
a
flow
monitoring
requirement
and
limits
for
TSS,
pH,
and
any
site
specific
WQS
parameters.
The
review
of
the
Oklahoma
regulations
also
indicates
that
chat
washing
facilities
would
be
regulated
as
any
other
industrial
facility
and
would
be
subject
to
the
Oklahoma
Air
Quality
regulations
governing
fugitive
dust
(
no
permit
is
required).

Missouri
Our
review
indicates
that
there
are
no
specific
regulations
governing
chat
washing
plants.
Water
discharges
from
such
facilities
would
be
required
to
meet
a
combined
general
waste
water
discharge
and
storm
water
permit
(
MO­
G500000).
This
permit
requires
overall
compliance
with
Missouri
Clean
Water
Act
Chapter
644.

Kansas
This
review
also
finds
that
there
are
no
specific
regulations
governing
chat
washing
in
Kansas.
Rather
a
chat
washing
facility
would
be
required
to
comply
with
a
general
waste
water
discharge
permit
as
noted
in
KSA
65­
164/
165.
The
facility
would
also
be
required
to
comply
with
a
general
air
pollution
control
operating
permit
as
noted
in
KAR
28­
19­
500.
Such
permits
set
limits
on
dusts,
volatile
organics
,
and
may
set
site
or
operational
specific
standards.

BIA
Under
proposed
chat
sales
agreements
issued
by
the
US
Bureau
of
Indian
Affairs
for
the
Tar
Creek
Superfund
site,
BIA
is
requiring
that
chat
washing
facilities
prepare
and
comply
with
a
site
waste
water
discharge,
storm
water
discharge,
fugitive
dust,
and
fines
disposal
management
plans.
The
goal
of
these
plans
is
to
reduce
or
eliminate
metals
contamination
from
washing
plants.
These
agreements
also
require
routine
waste
water
monitoring
and
reporting
by
the
chat
washing
facilities.

Conclusion
The
Agency
has
assessed
the
regulations
governing
chat
washing
operations
in
Oklahoma,
Kansas,
and
Missouri.
To
the
best
of
our
knowledge
there
are
only
chat
washing
plants
in
Oklahoma.
This
review
concludes
that
existing
Oklahoma
regulations
(
or
Administrative
Orders)
adequately
govern
the
environmental
releases
from
chat
washing
plants.
Additional
regulatory
requirements
implemented
by
BIA
further
assure
that
chat
washing
facilities
do
not
adversely
affect
human
health
or
the
environment.

Based
on
the
facts
noted
above,
it
is
not
necessary
for
EPA
to
include
additional
regulatory
requirements
for
these
operations
as
part
of
draft
chat
rulemaking.
