Pretreatment Streamlining Rule

1
Pretreatment Streamlining Rule

• Training presented by
• LDEQ ODEQ

2

• Introduction

3
What is Streamlining?

• Final rule revises several provisions of the
  General Pretreatment Regulations

4
Why Streamlining?

• Change Pretreatment regulations to be consistent
  with National Pollutant Discharge Elimination
  System (NPDES) requirements for direct
  dischargers to surface waters
• Reduces the regulatory burden on Industrial Users
  (IUs), Approval Authorities, (EPA/States), and
  POTW Control Authorities (CAs) without adversely
  affecting environmental protection
• Allows CAs to better focus oversight resources on
  IUs with the greatest potential for affecting
  POTW operations or the environment

5
History of Streamlining Rule

• 1995 OWM (EPAs Office of Wastewater
  Management) initiates evaluation of streamlining
  opportunities in Part 403 regs
• May 1996 OWM circulates issue papers to
  stakeholders for feedback
• September 1996 AMSA/WEF present report
  summarizing multi-stakeholder expert workshops
• July 1999 - EPA proposes Streamlining Rule

6
History of Streamlining Rule Continued

• August 2003 Streamlining Workgroup
  reconstituted
• June 2005 EPA formally submits final rule to
  OMB (Office of Management and Budget)
• September 26, 2005 EPA Administrator Johnson
  signs final rule
• Streamlining Rule effective 30 days after its
  publication in the Federal Register (October 14,
  2005)

7
Implementation

• Federal Register
• Vol. 70, No. 198 / Friday, October 14, 2005
  60186
• VI. Considerations In Adopting Todays Rule
  Revisions
• How does a POTW adopt todays rule provisions?
• before many of todays streamlining provisions
  may be implemented by local Pretreatment
  authorities, POTWs will need to modify their
  Pretreatment Program procedures and authorities.

8
Implementation

• Federal Register
• Vol. 70, No. 198 / Friday, October 14, 2005
  60186
• VI. Considerations In Adopting Todays Rule
  Revisions
• Is the POTW required to make any of todays
  streamlining changes?
• Many of these changes are not required to be
  incorporated into the POTWs Pretreatment
  Program.
• However, a few are changes that the POTW is
  required to make These changes include

9
Implementation

• Required Modifications
• Slug Control Plans
• (1) 40 CFR 403.8(f)(1)(iii)(B)(6)
• Clarification that slug control requirements
  must be referenced in SIU control mechanisms.
• Significant Noncompliance (SNC)
• (2) 40 CFR 403.8(f)(2)(viii)(A)(B)(C)
• Revisions to the SNC definition.
• Miscellaneous Provisions
• (3) 40 CFR 403.12
• Modifications to sampling/reporting requirements.

10
Implementation

• Required Modifications
• When will the POTW be required to submit the
  required Program Modifications?
• Permit Renewal or Audit Requirement
• w/Schedule

11
Implementation

• Required Modifications
• Will the Program Modifications be considered
  Substantial or Non-substantial by the Approval
  Authority (DEQ)?
• Required Modifications - three (3) areas
• Non-substantial
• Optional Modifications all other areas
• Case-by case probably substantial in OK

12
Required Changes

• Slug Control Plans
• SNC Now applicable to a broader range of
  violations

13
Slug Control Plans

• New frequency of evaluation POTWs must evaluate
  at least once the SIUs need for a slug control
  plan or other action to control Slug Discharges

14
Slug Control Plans Continued

• Where necessary, CA required to include language
  in IUs control mechanism to control slug
  discharges.
• If a SIU is covered by any pre-existing plans
  (Ex. a SPCC), the POTW may accept such plans in
  partial or complete fulfillment of the slug
  control requirements
• EPA suggests that where a slug control plan or
  other action was not deemed necessary, the CA
  should develop a plan to reevaluate the SIU in
  the future.

15
Slug Plans Continued

• SIU requirement SIUs must notify the POTW
  immediately of any changes at their facilities,
  not already addressed in their slug control plan
  or other slug control requirements, which may
  affect the potential for a Slug Discharge.
• LDEQ requirement Determine whether the CA is
  conducting an assessment of the SIUs onsite
  procedures and measures to control for potential
  slug-related discharges.

16
SNC - Violations

• New rule applies to a
  broader range of violations
• Ex. other numeric limits, instantaneous limits,
  narrative limits, or operational standards
• The term numeric was added to clarify that only
  Standards or Requirements that can be numerically
  quantified can be examined for possible chronic
  violations.

17
Miscellaneous Provisions

• Sampling Requirement
• 40 CFR 403.12(g)(2)
• Clarifies that when the CA does the sampling
  repeat sampling is required upon violation
• Sampling Requirement
• 40 CFR 403.12(g)(3)/(4)
• Clarifies grab and composite sampling
  requirements apply to all SIU reports (BMR,
  90-day compliance)
• Requirement to Report All Monitoring Data
• 40 CFR 403.12(g)(6)
• Corrects omission from earlier addition of
  reporting requirements (1990) for non-categorical
  SIUs requires such Users to report all
  monitoring data

18
Miscellaneous Provisions

• Notification by IUs of Changed Discharge
• 40 CFR 403.12(j)
• Clarifies that when IU provides notification,
  notice must be given to the CA, or the POTW and
  the CA where the POTW does not have an approved
  pretreatment program
• Signatory Requirements for IU and POTW Reports
• 40 CFR 403.12(l) and (m)
• Changes numeric criteria for designating an
  appropriate responsible corporate officer
  signer to more flexible narrative criteria (same
  as adopted by NPDES rules)
• Specifies general POTW or pretreatment personnel
  who can sign as a duly authorized employee