Streamlining a Pretreatment Program

Transcription

1 Streamlining a Pretreatment Program

2 Streamlining means different things to different people

3 stream lined (strmlnd) adj. a. Designed or arranged to offer the least resistance to fluid flow. b. Reduced to essentials; lacking anything extra. c. Effectively organized or simplified: a streamlined method of production. d. Having flowing, graceful lines; sleek: a streamlined convertible. e. Improved in appearance or efficiency; modernized.

4 EPA Announces Streamlining of Rules as Part of Regulatory Reinvention Effort August 2, 1995 "These common sense changes to the environmental rule book will eliminate unnecessary requirements," said EPA Administrator Carol M. Browner. "We are making it easier for businesses to operate in ways that are cleaner, cheaper and smarter." Per EPA, highlights of the changes resulting from the review include: Time savings from reduced paperwork: Nationwide, streamlining as a result of the environmental regulatory review is expected to help businesses regain the use of more than two million hours per year previously spent on regulatory paperwork. Cost savings resulting from streamlined regulations: By making it easier for businesses to comply with environmental regulations, EPA will help companies nationwide save more than $5 billion while still ensuring environmental protection. For example, the review resulted in streamlined industrial and municipal permit applications to limit discharge of pollutants into waterways, saving time, paperwork and unnecessary administrative burden. The streamlined applications will provide information needed to protect the environment while saving $23 million for industries and cities. Fewer rules that are more flexible and results-oriented.

5 EPA on the Purpose of Pretreatment Streamlining The Streamlining Rule was designed to reduce the overall regulatory burden on both Industrial Users (IUs) and Control Authorities without adversely affecting environmental protection.

6 EPA Objectives for Pretreatment Streamlining Control Authorities may authorize an IU subject to categorical Pretreatment Standards to reduce sampling of a pollutant if the IU demonstrates that a given pollutant is neither present nor expected to be present in the discharge. [ 403.8(f)(2)(v) and ] Control Authorities may authorize the use of equivalent concentration limits in lieu of mass limits for Categorical Industrial Users (CIUs) in certain industrial categories. [ 403.6(c)(6)] Control Authorities may issue general control mechanisms to groups of Significant Industrial Users (SIUs) that are substantially similar. [ 403.8(f)(1)(iii)] Control Authorities may reduce oversight of certain Categorical Industrial Users based on percentage of contribution to the POTW. Control Authorities may reduce oversight of certain Industrial Users that may be reclassified as Non-Significant Categorical Industrial Users (NCSIUs).

7 Through the Streamlining Rule, EPA is working to improve the effectiveness of the Pretreatment Program. The Rule: Provides greater flexibility in the use of certain sampling techniques. Allows in certain circumstances Control Authorities to express CIUs concentration-based categorical Pretreatment Standards as equivalent mass limits. [ 403.6(c)(5)] Clarifies that POTWs may use Best Management Practices (BMPs) as alternatives to numeric limits that are developed to protect the POTW, water quality, and sewage sludge. Clarifies the definition of significant noncompliance (SNC) as it applies to violations of instantaneous and narrative requirements, and late reports. Makes other miscellaneous changes designed to maintain consistency with the NPDES regulations or to correct typographical errors.

8 Are there required changes in the Streamlining Rule? Yes, there are required changes in the Streamlining Rule. The majority of the regulatory changes, however, are not required. As a general rule, those streamlining changes which are considered less stringent than the current regulations do not need to be adopted.

9 Summary provided by the Ohio DEQ Required Changes Slug Control Requirements Significant Noncompliance Definition Best Management Practices as Local Limits Sampling Signatory Requirements Optional Changes These changes are not required and their implementation is at the discretion of the POTW. However, program modification procedures must still be followed. Alternative National Categorical Standards Non-Significant Categorical Industrial Users Mid-Tier Categorical Industrial Users Monitoring Waivers General Control Mechanisms

10 Incorporate Slug Control Requirements Slug control requirements, where applicable, must be contained in Industrial User Permits Changes must be made to the Ordinance Procedures Enforcement Response Plan To give the POTW authority to evaluate users potential for slug discharges at least once Industrial users must notify the POTW of changes that will affect their potential to discharge a slug load so that the POTW can re-evaluate the need for slug control

11 Knowledge is Key For successful slug discharge prevention, education and communication are key.

12 What is a slug discharge? Wastewater Pass Through

13 Evaluation of Users for Slug Control Plan Need All industrial users must be evaluated and documented once Study industrial processes and learn about Floor drains in chemical storage areas Washing of metal with acid or caustic Volume of water usage Volume of waste generation

14 Significant Non-Compliance Definition has been Expanded Control authorities must adjust legal authority (Ordinance) enforcement response plan program procedures

15 Definition of Significant Non-Compliance A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six- (6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 2; [Note: Required Streamlining Rule Change, see 40 CFR 403.3(l)] B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except ph); [Note: Required Streamlining Rule Change, see 40 CFR 403.3(l)] C. Any other violation of a Pretreatment Standard or Requirement as defined by Section 2 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that [the Superintendent] determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public; [Required Streamlining Rule Change, see 40 CFR 403.3(l)] D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in [the Superintendent s] exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit [or a general permit {optional}] or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation(s), which may include a violation of Best Management Practices, which [the Superintendent] determines will adversely affect the operation or implementation of the local pretreatment program

16 Best Management Practices SIUs must maintain documentation as required by the Control Authority to demonstrate compliance with BMPbased Standards or local limits. BMPs must be specified in the control mechanism. Records must be maintained for 3 years (like all the other records, except in the case of pending litigation, in which the recordkeeping period is automatically extended) POTWs must incorporate these revisions into their Ordinance enforcement response plan program procedures

17 Examples of a BMPs that might be Used by a POTW BMP: Post No Grease signs above sinks and on the front of dishwashers. Sign serves as a constant reminder for staff working in kitchens and will help reduce problems caused to the POTW by grease. These reminders will help minimize grease discharge to the traps and interceptors and reduce the cost of cleaning and disposal for the food service establishment. Pretreatment inspection tips: Add to permit, and during inspection, check appropriate locations for No Grease signs. The streamlining changes are intended to give POTWs the authority to require BMPs such as these, stipulate how they are to be documented, and enforce for failure to comply.

18 Sampling Streamlining Requirement Where the control authority performs monitoring And the monitoring reveals a violation The control authority must either Repeat the sampling within 30 days Or, require that the industrial user repeat the monitoring within 30 days Most programs seem to already have this in place

19 Sampling Streamlining Requirement Sampling requirements in apply to periodic compliance reports, in addition to baseline and 90 day reports.

20 Sampling Streamlining Requirement Non-categorical significant users must report all sample results, not just sampling required by the permit. Previously, this requirement applied to categorical users, now it applies to all significant users.

21 Notification of Changes Significant industrial users must notify the control authority and the POTW of changes The Control Authority and the POTW are not necessarily one and the same POTWs that do not have a TCEQ-approved pretreatment program cannot serve as the control authority

22 City must designate a Duly Authorized Employee Designation made in writing by highest ranking employee of POTW or highest ranking elected official

23 Change to Requirements for Qualification as a Duly Authorized Representative of an Industrial User For purposes of reports and certifications, the requirements for managers to be considered an authorized representative of an IU have changed. In order to be eligible a manager is now required to be authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations. They must also be responsible for ensuring that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements. Additionally they must be assigned or delegated the authority to sign documents in accordance with corporate procedures.

24 Change: It is possible to designate a Non-Significant Categorical Industrial User A Categorical Industrial User may now be considered a Non- Significant Industrial User. The new classification requires that the IU does not discharge more than one hundred gallons per day of total categorical wastewater that does not include sanitary, non-contact cooling and boiler blowdown wastewater unless it is specifically included in the categorical pretreatment standard. In order for this classification to apply, no untreated concentrated wastewater, which is regulated by categorical pretreatment standards, may be discharged at any time by the IU. Appropriate language would need to be included in the Ordinance or Regulations defining this new classification and the necessary conditions that must be met for it to be applied to an IU. This change will make the modification a substantial modification.

25 Submittal of Streamlining Program Modifications The Streamlining Rule required program modifications will be: required during the next TPDES permit action for the tracking plant due within 12 months of permit issuance The TCEQ requests that CAs submit the Streamlining Rule modifications: Only when required by the TPDES permit In accordance with 40 CFR Part 403 and Model Ordinance language In one package (both electronic and hard copies) With the TCEQ cover sheet checklist, additional checklists, and specified format Using track changes Include a certification statement signed by the public works director The Streamlining Rule package will be a complete replacement of the existing approved pretreatment program

26 Streamlining Submittal Elements Every document of the pretreatment program, changed and un-changed A copy of the following checklists (obtain from your permit writer by , don t use the forms that can be downloaded from the web site) Legal Authority Checklist Forms Checklist Standard Operating Procedures Checklist Enforcement Response Plan Checklist Administrative Completeness Checklist

27 How to Implement the Streamlined Program

28 What to evaluate during inspections Do your homework study the process flow diagrams Excessive wastewater discharges (volume) Discharge of heavy metals Watch for washing of metal with caustic or acid Discharge of toxic organics Review raw material purchase records Discharge of excess amounts of fats, oils or greases

29 Example Process Flow Nitric Acid Steel 50,000 GPD Water RAW MATERIAL INPUT Cleaning of Steel to Make Printing Plates Pretreatment of Wastewater Wastewater high in nitrates Sludge Printing plates Product Output TRI Reports Waste Manifests

30 What to do when you suspect a problem due to an industrial user discharge Document inspection report with observed problems Report suspected, or known, problem IUs Advise proper enforcement organization of findings

31 Inspection Recommendations from TCEQ Determine manufacturing processes or activities conducted Identify all wastestreams Regulated (subject to categorical pretreatment standards) Nonregulated Combined wastestream formula (CWF) applicability Verify production rates Pretreatment system Equipment Procedures

32 What to watch for on the walk through

33 What to watch for on a walk-through

34 How to make a categorical determination Identify production processes, raw materials, products Understand production processes Identify regulated and nonregulated wastestreams Review books, articles, guidance manuals on processes Determine applicable category and subcategory Contact EPA/State Pretreatment staff for assistance or formal categorical determination

35 SIC Codes Category Electroplating Iron & Steel Mfg Pharmaceutical Mfg Transportation Equipment Cleaning Aluminum forming Copper forming Metal Finishing CFR Relevant SIC codes (SIC Manual) 3471, , 3315, 3316, 3317, , , 4499, 4741, , 3354, 3355, 3357, , 3357, 3463 Industry groups: 34, 35, 36, 37, 38

36 Overall impression of Streamlining Process Check for all required authority Check for consistency between program documents Recheck that pretreatment program meets all requirements Check that program has written procedures

37 So, streamlined means different things to different people.

38 A Streamlined Pretreatment Program is