Transcript Issues on Phase II Intakes

Overview of the Final
Pretreatment Streamlining Rule
California Water Environment Assoc.
P3S Annual Conference & Exhibition
February 28, 2006
Objectives of Presentation
•Provide history and background of the Rule
•Review all changes adopted in the final rule
•EPA’s Implementation Plans
•Discussion and Questions
History of Streamlining Rule
•
1995 – OWM initiates evaluation streamlining opportunities
in Part 403 regulations
•
July 1999 – EPA proposes Streamlining Rule
•
August 2003 – Streamlining Workgroup reconstituted
•
March 2005 – OMB’s Thompson Report published
•
June 2005 – EPA formally submits final rule to OMB
•
September 26, 2005 – Administrator Johnson signs final rule
•
October 14, 2005 – Rule published in Federal Register
Key Stakeholders
• AMSA, WEF and Other POTWs
• Industrial Users
– Metal Finishers
– Synthetic Organic Chemical Manufacturers
Assoc. (SOCMA)
– Small Business Administration
• Approval Authorities (Regions/States)
• Natural Resources Defense Council
• Office of Management and Budget
Summary of Final Rule Changes
Issue
Rule Change
Pollutants not
present
CAs can grant sampling waivers where CIU demonstrates that a
regulated pollutant is neither present nor expected to be present
General control
mechanisms
CAs may issue general control mechanisms to groups of SIUs
that are substantially similar
BMPs as local limits
BMPs may be used in lieu of numeric local limits
Slug control plans
1)
POTWs may determine how often they evaluate SIUs for
the need for slug control plans or other requirements
2)
Any requirements must be reflected in control mechanism
Equivalent Conc.
Limits
CAs can use existing concentration-based standards instead of
converting to flow-based mass limits for CIUs in OCPSF,
Petroleum Refining, Pesticide Chemicals
Grab and Composite
Sampling
Clarifies and updates application of sampling requirements;
Provides flexibility to CA in certain sampling protocols
SNC – Publication
POTW can publish SNC violations in any paper of general
circulation
Summary of Final Rule Changes (cont’d)
Issue
Rule Change
SNC – Applicability
SNC criteria apply only to SIUs and to those IUs that have
adversely affected pretreatment program
SNC – Daily Max. or
Avge. Limits
Broadens scope of violations covered by chronic, TRC, and other
violations
SNC – Late Reports
SNC violation occurs when reports submitted more than 45 days
after deadline
Removal Credits Overflows
Retains and updates current formula to adjust removal credits
by number of hours of sewer overflows per year
Removal Credits –
Sewage Sludge
ANPRM asks for comment on adding pollutants to list of
chemicals eligible for removal credits, and on potential ways to
streamline consistent removal requirements
Miscellaneous
Changes
Updates or corrects provisions re: to signatory requirements,
net/gross calculations, requirement to report all monitoring data,
and notification of changes
Summary of Final Rule Changes (cont’d)
Issue
Rule Change
Equivalent Mass
Limits
CIUs can request, and CAs have discretion to approve, the
conversion of concentration-based categorical standards to
equivalent mass limits
CIU Oversight
1)
•
•
2)
•
•
Establishes Non-Significant CIU (NSCIU) category
(discharges < 100 gpd)
CIU reporting can be reduced to yearly compliance
certification
CA oversight can be reduced to annual evaluation of the
CIU’s certification
Establishes “Middle Tier” CIU category (discharges don’t
exceed (a) the smaller of 5,000 gpd or 0.01 % of POTW
design dry weather hydraulic capacity; (b) 0.01 % of
POTW design organic treatment capacity; and (c) 0.01 %
of the MAHL)
CIU reporting can be reduced to once annually
CA oversight can be reduced to one inspection and
sampling event every other year
Pollutants
Not
Present
Old Rules
•
CIUs were required to sample for all pollutants covered by
the categorical standard, regardless of whether pollutant
is present (unless the categorical standard allows for
surrogate pollutant sampling or alternative certifications)
Final Rule
• If CIU can demonstrate a pollutant is not present in its
process waste stream or is present only in background
levels in intake water, the CA may authorize a sampling
waiver for that pollutant:
–
At least one representative process wastewater sample must
be taken prior to treatment
–
CIU must notify CA if pollutant found, and must immediately
resume monitoring
–
CA must:
• include waiver and notification requirement in control
mechanism,
• document reasons for granting waiver and maintain
information for 3 years after control mechanism expires
Pollutants Not Present
Final Rule (cont’d)
–
Waiver valid for one term of control mechanism (like NPDES
provision)
–
Waiver does not replace any certification requirements
established in specific categorical standards
–
Waiver may be granted where pollutant present solely due
to sanitary wastewater except if covered by categorical
standard
Where to find rule changes?
• 40 CFR 403.8(f)(2)(v)
• 40 CFR 403.12(e)(2)
Must this rule change be adopted by the State or CA?
• No – this provision is optional
General Control Mechanisms
Old Rules
•
SIUs must be controlled through permits or equivalent
mechanisms
•
EPA has emphasized the importance of evaluating each SIU
individually
Final Rule
•
Allow POTWs to control SIUs through general permits where the
necessary legal authority exists and the SIUs meet the criteria
for being substantially similar:
–
Coverage available for CIUs granted a monitoring waiver for
pollutants not present
–
POTW must maintain the following for 3 years after expiration of
general control mechanism:
• Copy of the general control mechanism
• Documentation to support POTW’s determination that the group
of SIUs meets the criteria for coverage
• Copies of all written requests for coverage
General Control Mechanisms
Where to find rule changes?
• 40 CFR 403.8(f)(1)(iii)
Must this rule change be adopted by the State or
CA?
• No – this provision is optional
BMPs as Local Limits
Old Rules
• Pretreatment rules were silent on whether POTWs can use
BMPs (rather than numeric limits) to satisfy their
requirement to develop local limits
•
Pretreatment rules did not explicitly require reporting
compliance data for Industrial Users subject to BMPs as
local limits or categorical standards
Final Rule
• Clarify that:
–
BMPs developed by POTWs may serve as local limits, and
–
Full CIU reporting required where BMPs required for
categorical standards
–
Specify the necessity for POTWs to document the
supporting rationale for specific BMPs
BMPs as Local Limits
Final Rule (cont’d)
•
Include definition of BMPs
•
Clarify in the preamble what EPA considers to be minimum elements that
make BMPs enforceable
–
–
–
–
–
–
Specific notice to IUs of requirements
Equipment specifications
O&M requirements
Timeframes for key activities
Compliance certification, reporting and recordkeeping
Re-opener for revoking or modifying
Where to find rule changes?
•
40 CFR 403.5
•
40 CFR 403.8(f)
•
40 CFR 403.12(b), (e), (h)
Must this rule change be adopted by the State or CA?
•
Only certain aspects:
–
–
–
SIU reports must include BMP compliance information
SIU control mechanisms must contain BMPs
SIU and POTW must maintain records of BMP compliance
Equivalent Concentration Limits
Old Rules
•
No allowance for equivalent concentration limits where
categorical standard requires a mass limit to be calculated based
on the facility’s flow
Final Rule
•
For CIUs subject to Organic Chemicals, Plastics, and Synthetic
Fibers, Petroleum Refining (Cr an Zn), and Pesticide Chemicals
allow POTW to use concentration limit in categorical standard
•
Require CA to document that dilution is not being substituted for
treatment as prohibited by 40 CFR 403.6(d)
Where to find rule changes?
•
40 CFR 403.6(c)(6)
Must this rule change be adopted by the CA?
•
No – this provision is optional
SNC – Application to SIUs Only
Old Rules
• SNC applied to any IU
Final Rule
• Apply SNC to Significant Industrial Users only
•
Apply SNC to other IUs if they cause pass
through, interference, imminent endangerment,
or adversely affect pretreatment program
Where to find rule changes?
• 40 CFR 403.8(f)(2)(viii)
Must this rule change be adopted by the State or CA?
• No – this provision is optional
SNC – Daily Maximum or Avg. Limits
Old Rule
• SNC determinations for chronic violations,
technical review criteria violations, and pass
through or interference violations were limited
to daily maximum or average limits
Final Rule
• Include broader array of numeric or narrative
violations
Where to find rule changes?
• 40 CFR 403.8(f)(2)(viii)(A), (B), (C)
Must this rule change be adopted by the State or CA?
• Yes – incorporation required because the
definition of SNC is expanded
SNC – Late Reports
Old Rule
• SNC applied if a required report is submitted
more than 30 days late
Final Rule
• Extended 30-day deadline to 45 days
Where to find rule changes?
• 40 CFR 403.8(f)(2)(viii)(F)
Must this rule change be adopted by the State or CA?
• No – this provision is optional
Equivalent Mass Limits
Old Rules
• 40 CFR 403.6(d) allows CA to impose equivalent mass limits in
addition to concentration-based standards where the IU is
using dilution to meet standards or where the imposition of
mass limits is appropriate
•
Did not allow the equivalent mass limit to replace the
concentration-based standard
•
Some POTWs and CIUs argue that use of concentration-based
standards discourages the adoption of water conservation
measures
Equivalent Mass Limits
Final Rule
• Allows POTW to set equivalent mass limits as an alternative to
concentration limits
•
To be eligible for use of equiv. mass limits, CIU must:
– Implement water conservation measures that substantially reduce
water use,
– Use control and treatment technologies adequate to achieve
compliance with categorical standards, and demonstrate that
dilution not used,
– Provide monitoring data to establish its actual average daily flow
rate through the use of a continuous effluent flow monitoring
device and its baseline long-term average production rate,
– Demonstrate that it doesn’t have daily flow rates, production
rates, or pollutant levels that fluctuate so significantly that
establishing equiv. mass limits would not be appropriate, and
– Have consistently complied with applicable categorical standards
•
Emphasized that CIU may request equiv. mass limits, and CA
has discretion to authorize
Equivalent Mass Limits
Final Rule (cont’d)
•
If CA approves eligible CIU’s request, CA then calculates the
equiv. mass limits:
– Concentration-based categorical standard × CIU’s actual average
daily flow rate × unit conversion factor
•
Once equiv. mass limit is effective in the CIU’s control
mechanism, CIU must do the following to retain coverage:
– Maintain and effectively operate control and treatment
technologies adequate to achieve compliance with the equiv. mass
limits,
– Record the facility’s flow rates through use of a continuous
effluent flow monitoring device,
– Continue to record facility’s production rates and notify CA if rates
vary by more than 20 percent from production rates used as basis
for equiv. mass limits
– Employ same or comparable water conservation measures used in
setting the equiv. mass limits
Equivalent Mass Limits
Final Rule (cont’d)
• After calculating equiv. mass limit, CA must reassess the
limit and recalculate as necessary to reflect changed
conditions, where the CIU notifies it of a revised
production rate
• CA may retain the initial equiv. mass limits in
subsequent permit terms if:
– CIU’s actual average daily flow rate reduced solely as a result
of water conservation methods and technologies,
– Actual average daily flows used for calculating limit weren’t
based on use of dilution as substitute for treatment, and
– CIU doesn’t bypass treatment control and treatment
technologies
• Equiv. mass limits are not authorized for pollutants such
as pH, temperature, radiation, or other pollutants which
cannot be appropriately expressed as mass
Equivalent Mass Limits
Where to find rule changes?
• 40 CFR 403.6(c)(5)
Must this rule change be adopted by the State or CA?
• No – this provision is optional
Non-Significant CIU
Old Rules
• As a category, SIUs included all IUs subject to
categorical pretreatment standards
– POTW may exclude a non-categorical IU if
demonstrates that it has no reasonable
potential to adversely affect the plant or
violate a standard
•
No flexibility given to exclude categorical IUs
from SIU status
Non-Significant CIU
Final Rule
• Defines non-significant CIU (NSCIU) using a 100 gpd
flow cutoff
– Prohibits untreated, concentrated wastewater
•
•
Clarifies that 100 gpd cutoff is measured according to the
amount of “total categorical wastewater”
–
Where categorical and non-categorical wastewaters are
commingled, measure categorical wastewaters to the extent
they can be reliably distinguished from non-categorical
wastewater
–
If categorical and non-categorical wastewaters can’t be
reliably distinguished, measure the combined flow
100 gpd is a daily maximum threshold, which cannot be
met through averaging
Non-Significant CIU
•
To be eligible, the CIU must:
•
Requires annual certification statement to be signed in accordance w/
403.12 requirements
•
CA required to annually list out which CIUs are considered NSCIUs
•
CA required to annually evaluate whether each NSCIU has submitted its
certification statement and continues to meet the definitional criteria
–
–
Have consistently complied w/ all applicable standards and requirements
Annually submit certification statement indicating that it continues to meet
the NSCIU definitional criteria and that it complied w/ applicable standards
and requirements
Where to find rule changes?
•
40 CFR 403.3(v)(2)
•
40 CFR 403.8(f)(2)(v), (6)
•
40 CFR 403.12(e)(1), (g), (i), (q)
Must this rule change be adopted by the State or CA?
•
No – this provision is optional
Middle Tier CIU
Final Rule
•
Adopts a “Middle Tier” CIU tier that, if applicable, provides
additional flexibility:
•
•
–
1st tier – categorical CIUs
–
2nd tier – “Middle Tier” CIUs
–
3rd tier – NSCIUs
If designated “Middle Tier”:
–
CIU can reduce reporting to one time per year
–
POTW can reduce inspections/samplings to one time every other year
“Middle Tier” CIUs discharge no greater than:
–
0.01% of POTW’s design dry weather hydraulic capacity, or 5,000 gpd,
whichever is smaller (measured by continuous effluent flow monitor unless
CIU is batch discharger)
–
0.01% of POTW’s design dry weather treatment capacity
–
0.01% of MAHL for any pollutant for which CIU regulated
Middle Tier CIU
Final Rule (cont’d)
• Additional eligibility criteria:
•
–
CIU has not been in SNC for any time in past 2 years
–
CIU does not have daily flow rates, production levels, or
pollutant levels that vary so significantly that reduced
reporting would be non-representative of operating
conditions
Middle Tier CIU must notify CA immediately of any changes
that cause it to no longer meet eligibility conditions
–
•
If CIU no longer meets Middle Tier criteria, it must
immediately being complying w/ minimum reporting
requirements for categorical SIUs
CA must retain documentation to support CA’s
determination that specific CIU qualifies as a Middle Tier
CIU for 3 years after expiration of control mechanism
Middle Tier CIU
Where to find rule changes?
• 40 CFR 403.8(f)(2)(v)(C)
• 40 CFR 403.12(e)(3), (i)
Must this rule change be adopted by the State or CA?
• No – this provision is optional
NSCIU v. Middle Tier CIU
Control
Mechanism
Required?
Minimum CIU
Reporting
Requirements
Minimum
POTW
Inspection /
Sampling
Requirements
NSCIUs
No
Certification only Not required
(no reporting),
one time per year
Middle Tier
CIUs
Yes
One time per
year (if
representative of
operating
conditions)
One time every
other year
Categorical
SIUs
Yes
Two times per
year (at a
minimum)
One time per
year
EPA’s Implementation Activities
Publish Guidance Materials on Website
• Complete copy of pretreatment regulations (w/
streamlining provisions)
•
Fact Sheets
–
–
–
•
1-page summaries of streamlining changes
Required Changes
Frequently asked questions
Revisions to past documents
–
–
Model sewer use ordinance
Others
Other Activities
• EPA/WEF Trainings
Discussion / Questions
For Further Information:
Greg Schaner
(202) 564-0721
[email protected]
or
Jan Pickrel
(202) 564-7904
[email protected]