PRETREATMENT STREAMLINING FINAL RULE FINALLY APPROVED

Transcription

1 PRETREATMENT STREAMLINING FINAL RULE FINALLY APPROVED The Administrator of the USEPA signed the long-anticipated pretreatment streamlining rule on September 27, This rule was published in the Federal Register on October 14, 2005 and became effective November 13, This rule revises several provisions of 40 CFR Part 403, the General Pretreatment Regulations that address requirements for, and oversight of, Industrial Users (IUs) who introduce pollutants into Publicly Owned Treatment Works (POTWs). The following are some of the provisions of the Streamlining Rule which may affect IUs. Sampling for Pollutants Not Present 40 CFR 403.8(f)(2)(v) and (e) Under the previous rule, the District was not authorized to reduce the monitoring of pollutants regulated by the applicable categorical pretreatment standard to less than twice per year, and sampling was required for all pollutants regulated by the pretreatment standard even if a particular pollutant was not reasonably expected to be present. The changes enacted in the Streamlining Rule authorize the District to waive monitoring for pollutants regulated by the applicable categorical pretreatment standard, subject to certain conditions. This waiver is available for pollutants that are neither present nor expected to be present at levels greater than that of the intake water, without any increase in the pollutant due to the activities of the IU. Waivers may be authorized by the District where the only source of the increase in the pollutant from human activity is sanitary wastewater, which is not regulated by an applicable categorical pretreatment standard, and otherwise includes no process wastewater. The sanitary wastewater cannot include the pollutant at levels that are significantly higher tha n typical domestic levels for the District s service area. The waiver is not applicable to the sampling requirements for the initial Discharge Authorization Request (DAR) or the 90-day report of final compliance (RD-114) with the pretreatment standards applicable to an IU s regulated category. The waiver is not available for IUs that use the combined wastestream formula except in cases where a single categorical waste stream is combined only with sanitary wastewater. The waiver is not available for pollutants limited by Appendix B to the District s Sewage and Waste Control Ordinance (Ordinance). Appendix B limits apply at all final outlet sampling stations at all times. The waiver is only available for pollutants limited by the categorical pretreatment standards for pollutants that are not present. The term not present is very rigidly defined, and to demo n- strate that a pollutant is not present the IU must demonstrate to the satisfaction of the District that the pollutant is not present in all process (regulated and unregulated) wastewater based on sampling and other technical factors. Requests for a waiver from sampling for pollutants not present must be submitted to the District in writing along with sufficient information to demonstrate, through sampling and analysis, or technical review, that the pollutant is not present in raw materials, cleaning and maintenance materials, or as a byproduct of the manufacturing process. Once the waiver request is approved, the District will revise the IU s DA, which will include the alternative sampling requirements and

2 specific conditions related to the granting of the waiver, including a requirement that the IU certify with the RD-115s that the pollutant is not present. The DA will continue to include all applicable categorical standards, even for those a pollutant for which sampling was waived. Slug Control Plans 403.8(f)(2)(vi) Under the previous rule, the District was required to evaluate at least once every two years whether each SIU needed a plan to control slug discharges. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge. The changes enacted in the Streamlining Rule remove the required minimum biannual frequency for evaluation by the District, and expand the definition of a slug discharge to include such discharge that has a reasonable potential to cause interference or pass-through, or in any other way violate District s regulations. Additionally, SIUs are now required to notify the District immediately of any changes at their facilities affecting the potential for a slug discharge. Under Article V, Section 4 of the District s Ordinance, each SIU is required to provide protection from accidental discharge to the sewerage system of prohibited materials or other substances regulated by the Ordinance. Each such IU must have detailed plans in the form of a Spill Prevention, Control and Countermeasure (SPCC) Plan approved by the District. The SPCC Plan must show the facilities and operating procedures to provide this protection. The SPCC Plan must contain the elements required under the General Pretreatment Regulations, now found at 40 CFR 403.8(f)(2)(vi), to control slug discharges. Article V, Section 4 of the District s Ordinance states that the District shall re-evaluate the approved SPCC Plans at least once every two years. The District performs an evaluation of the need for an SPCC Plan or a slug control plan, or a reevaluation of an approved SPCC Plan, as part of its annual pretreatment inspection and sampling study at each SIU. Equivalent Concentration Limits for Flow-based Standards 40CFR403.6(c)(6) A change finalized in the Streamlining Rule allows the District to use the promulgated concentration-based limits instead of flow-based mass limits, for the Organic Chemicals, Plastics and Synthetic Fibers (40CFR414), Petroleum Refining (40CFR419) and Pesticide Chemicals (40CFR455) categories. SIUs regulated under 40 CFR Parts 414, 419 or 455 who wish to apply for the use of concentration limits should submit a written request for a revised DA (or with the initial DAR) for concentration-based effluent limits. Include a record of the facility s long-term production rate, including the actual average daily flow rate and long-term average production rate, representative of current operating conditions. Use of Grab and Composite Samples 40 CFR (b), (d), (e), (g), and (h) In the Streamlining Rule, the USEPA clarified that the sampling requirements in 40 CFR that are applicable to the DAR (RD-118) sampling report and the Final Compliance Report (RD- 114), are also applicable to the periodic compliance reports (Continued Compliance Report RD-

3 115). USEPA eliminated the requirement that a minimum of four grab samples must be taken in all instances to measure ph, cyanide, total phenols, oil and grease (or fats, oils and greases (FOG)), sulfides, and volatile organic compounds (VOCs), and allowed the District flexibility to determine the appropriate minimum number of grab samples IUs are required to take. The District has determined that for RD-115 reporting purposes, instead of four grab samples per day, at least one grab sample per day must be collected during the required number days of sampling to measure ph, cyanide, sulfides, VOCs, oil and grease, and FOG. For the initial DAR submittal, and the 90-day compliance report for new SIUs, four grab samples per day for ph, cyanide, sulfides, VOCs and FOG are still required. For demonstrating a return to compliance in response to an enforcement action (i.e., sampling results submitted with an RD- 114 or Declaration of Corrective Action), four grab samples per day for ph, cyanide, sulfides, VOCs, oil and grease, and FOG are still required. For the requirements under Article V, Section 8 of the Ordinance for self-reported violations, at least one grab sample per day must be collected for three days when measuring ph, cyanide, sulfides, VOCs, oil and grease, and FOG. Multiple grab samples collected during a 24-hour period to measure cyanide, sulfides, VOCs, oil and grease (or FOG), and total phenols may be composited prior to analysis. However, VOCs and oil and grease (or FOG) must be composited in the laboratory only. Total residual chlorine, temperature and ph samples may not be composited under any circumstances. Significant Noncompliance Criteria 40 CFR (f)(2)(viii) The Significant Noncompliance criteria for publication in the newspaper for reporting purposes has been changed from 30 days after the due date, to 45 days after the due date. Accordingly, the District will issue an enforcement action to an IU in noncompliance with any applicable reporting requirement more than 45 days after the report due date. Equivalent Mass Limits for Concentration Limits 40 CFR 403.6(c)(5) A change finalized in the Streamlining Rule allows the District at its discretion to approve the conversion of concentration-based categorical limits to equivalent mass-based limits. The change was implemented in response to concern that the previous rule discouraged water conservation measures that could increase concentrations above the categorical effluent limits even though the total mass of pollutants would be the same or reduced while conserving water. This change is available to 14 categories with standards expressed as concentration limits alone (40 CFR 415, 418, 419, 423, 425, 426, 428, 433, 439, 442, 443, 444, 458 and 469). SIUs regulated under these categories who wish to apply for the use of mass-based limits should submit a request for a revised DA (or with the initial DAR) for mass-based limits. Include monitoring data to establish actual average daily flow rates and baseline long-term average production rates. IUs will also be required to provide documentation regarding the implement and use of water conservation methods that substantially reduce water use, the type of wastewater pretreatment in place to achieve compliance with the categorical pretreatment standards, and that dilution is not

4 being used as a substitution for treatment. Once approved and established in the IU s DA, the equivalent limit replaces the promulgated concentration-based categorical limit. Oversight of Categorical Industrial Users 40 CFR 403.3(v)(2), 403.8(f)(2)(v), (e), (g), (i), (q) NSCIU The Streamlining Rule authorized the District to reduce certain of its oversight responsibilities for a newly established class of non-significant categorical industrial users (NSCIU). This category is based on a maximum discharge volume of less than 100 gallons per day of categorically regulated process wastewater and consistent compliance with pretreatment standards. An NSCIU is not considered an SIU, therefore, no Discharge Authorization would be necessary. However, NSCIUs are still required to comply with all applicable categorical pretreatment standards, submit an annual certification of compliance with the categorical pretreatment standards along with any additional information necessary to support the certification statement, and never discharge any untreated concentrated wastewater. The District would be required to include a list of the NSCIUs in its Annual Pretreatment Report and annually evaluate a user s NSCIU status. Based upon its expectation of no oversight cost reduction, the District has elected not to implement the NSCIU classification. Middle Tier Categorical Industrial Users (Middle Tier CIU) The finalized Streamlining Rule also establishes a middle tier category of CIUs that will be subject to less stringent monitoring, reporting and inspection requirements. The CIU may be considered a Middle Tier CIU if its discharge of categorical wastewater does not exceed any of the following: % of the design dry weather hydraulic capacity of the District, or 5,000 gpd whichever is smaller, as measured by a continuous effluent monitoring device unless the IU discharges in batches % of the design dry weather organic treatment capacity of the District % of the maximum allowable headworks loading for any pollutant for which approved local limits were developed by the District. For Middle Tier CIUs, the minimum periodic self-reporting requirement may be reduced from twice per year to once per year. The District will be required to inspect and sample the Middle Tier CIU at a minimum, every other year to verify the status. In addition, the District must demonstrate that the CIU has not been in significant noncompliance for any time during the past two years and does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period. In order to apply for classification under the Middle Tier CIU status, an SIU must submit a written request to the Director of Research and Development and include documentation for the previous two years to verify that the SIU meets the three criteria necessary for eligibility on a con-

5 sistent basis. Note that in order to establish eligibility, an SIU is required to measure their categorical wastewater with a continuous effluent flow monitor. The District will review the request and if found acceptable, will issue a revised DA which will reduce the frequency for the RD-115 submittals to once per year and include special requirements. The special requirements will state that the SIU must: 1.) Conduct their sampling on wastewater flows that are representative of the year 2.) Measure their flow through the use of a continuous effluent flow monitor 3.) Keep records of their daily categorical wastewater flow volume The DA will also list the applicable Middle Tier eligibility criteria in order to ensure that the SIU is aware that its Middle Tier status only applies as long as it meets the eligibility criteria. Questions IUs are encouraged to contact their account representatives in the Enforcement Section at with questions regarding the Pretreatment Streamlining Rule.