PRETREATMENf PROGRAM

           IMPLEMENTATION
                         t
           GUIDANCE MANUAL
              May 1984
U.S. Environmental Protection Agency
              Region X
       Permits Branch M/S 521
          1200 Sixth Avenue
         Seattle, WA  98101

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                                ACKNOWLEDGEMENTS
                                       ' •
     The EPA Region X, Permits  Division,  acknowledges  the  assistance of JRB

Associates, McLean, Virginia.   JRB efforts were funded by  the U.S. Environ-

mental Protection Agency under  contract number 68-01-6514, Work Assignment No.
34.

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B/Region 10/«1






                               TABLE OF CONTENTS
CHAPTER




       PREFACE




       INTRODUCTION. . . . [[[ A




    1  CLASSIFICATION OF INDUSTRIAL USERS .................................. B




    2  STATUS OF PRETREATMENT REGULATIONS ...................... . ........... C




    3  CATEGORICAL PRETREATMENT STANDARDS .................................. D




    4  APPLYING PRETREATMENT STANDARDS TO INDUSTRIAL USERS.... ......... *... E




    5  USE OF THE COMBINED WASTESTREAM FORMULA .......................... . .. F




    6  NOTIFICATION OF INDUSTRIAL USERS .................................... G




    7  POTW INDUSTRIAL USER CONTROL MECHANISMS ............................. H




    8  ACCIDENTAL SPILL PREVENTION PROGRAM ..................... . ........... I




    9  INDUSTRIAL REPORTING REQUIREMENTS ............................. ...... J




   10  ANNUAL POTW PRETREATMENT EVALUATION AND REPORT ...................... K




   11  COMPLIANCE MONITORING AND INSPECTIONS OF  INDUSTRIAL USERS ........... L




   12  ANALYTICAL GUIDANCE ............................................. . . . . M




   13  POTW ENFORCEMENT PROGRAM ............................................ N




   14  DATA MANAGEMENT ........................................... . ......... 0




   15  REGULATION OF WASTE HAULERS UNDER THE PRETREATMENT PROGRAM *^ ....... P





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                                  ATTACHMENTS


CHAPTER                                                                    TAB

 2.1    GENERAL PRETREATMENT REGULATIONS	 C

 2.2    REGULATORY UPDATES AND COURT DECISIONS	 C

 3.1    STATUS OF CATEGORICAL PRETREATMENT STANDARDS WITH BMR AND
        COMPLIANCE DATES	 D

 3.2    NATIONAL PROHIBITED DISCHARGE STANDARDS	 D

 3.3    INDUSTRIES EXCLUDED FROM REGULATION BY PARAGRAPH 8	 D

 3.4    CATEGORICAL PRETREATMENT STANDARDS' DEADLINES FOR REQUESTING
        CATEGORY DETERMINATION, NET/GROSS ADJUSTMENT, AND FDF VARIANCE	 D

 3.5    SUMMARIES OF CATEGORICAL PRETREATMENT STANDARDS	 D

 6.1    EXAMPLE DATA DISCLOSURE FORMS	 G

 6.2    EXAMPLE NOTIFICATION PACKAGE FOR SUBMITTAL OF BMR DATA	 G

 6.3    EXAMPLE INDUSTRIAL PERMIT APPLICATION	 G

 7.1    TYPICAL PERMIT WITH STANDARD CONDITIONS	 H

 7.2    PERMIT FOR NONCATEGORICAL USER DISCHARGING HIGH  LOADING OF
        CONVENTIONALS	 H

 7.3    PERMIT FOR NONCATEGORICAL USER DISCHARGING HIGH  LEVELS OF ZINC	 H

 7.4    PERMIT FOR CATEGORICAL USER - FEDERAL STANDARDS  NOT YET PROMULGATED. H

 7.5    PERMIT FOR CATEGORICAL INTEGRATED USER WITH PROMULGATED FEDERAL
        STANDARDS 	 H

 7.6    PERMIT FOR CATEGORICAL INTEGRATED USER - TWO SETS OF STANDARDS	 H

 7.7    UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, OREGON PERMITS
        FOR NONMONITORING AND MONITORING INDUSTRIAL USERS	 H

 7.8    INDUSTRIAL WASTE ACCEPTANCE FORMS (IWA)	 H

 9.1    PRETREATMENT COMPLIANCE SCHEDULE	 J

 9.2    COMPLIANCE SCHEDULE PROGRESS REPORT	 J

 9.3    INDUSTRIAL USER SELF-MONITORING REPORTS	0

10.1    NPDES PERMIT PRETREATMENT REQUIREMENTS	 K

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CHAPTER                                                                     TAB

11.1    MUNICIPAL MONITORING OF INDUSTRIES DISCHARGING TO  POTWS	 L

11.2    POTW MONITORING FREQUENCY	 L

11.3    SAMPLE INDUSTRIAL INSPECTION REPORT FORM	 L

11.4    PERTINENT QUESTIONS FOR INSPECTIONS OF SELECTED  INDUSTRIAL  GROUPS... L

11.5    SAMPLE TAG AND RECORD SHEETS	 L

11.6    SAMPLING TECHNIQUES, CONTAINERS,  PRESERVATION AND  HOLDING TIMES	 L

11.7    INSPECTION GUIDE AND PRETREATMENT RECOMMENDATIONS	 L

11.8    ENTRY PROCEDURES FOR CONTROL AUTHORITY PERSONNEL	 L

13.1    NOTICE OF VIOLATION FORM	 N

13.2    EPA DRAFT ENFORCEMENT STRATEGY	 N

14.1    STANDARDIZED FORMS	 0

        INDUSTRIAL WASTE APPLICATION STATUS REPORT
        INDUSTRIAL APPLICATION REVIEW - SUMMARY SHEET
        INDUSTRIAL WASTE PROGRAM -  SAMPLING DATA
        INDUSTRIAL LOG

16.1    GUIDANCE FOR PREPARING SOLVENT MANAGEMENT PLANS  IN LIEU OF  TOTAL
        TOXIC ORGANICS (TTO) MONITORING	 Q

16.2    EXAMPLE TOXIC ORGANIC/SOLVENT MANAGEMENT PLAN	 Q

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C/Region 10///2


                                 INTRODUCTION


     This document is a guide for POTWs implementing local pretreatment

programs.  Each POTW has situations unique unto itself, resulting in consid-
erable variation in procedures from one POTW to another.  This manual cannot

cover the full range of situations that may occur as a city or sanitary

district operates its program, but it does provide guidance for certain

fundamental activities.


     Where possible, experience from other sources (POTWs, States, regional
EPA  offices)  has been utilized in preparing this document, especially in the

examples of standard forms.  A loose leaf binder arrangement is utilized so
that additional information may be inserted as updates are received from the

States and Regional Offices.


     This manual has been functionally organized by chapters which address the
basic pretreatment program procedures.


     •  Chapter 1 describes a method for classifying industrial users and
        describing the criteria to consider when deciding which industries to
        regulate under the pretreatment program.

        Please note that this manual utilizes the term "industrial user"
        throughout.  This designation is also used in the General Pretreatment
        Regulations (40 CFR 403) and all Categorical Pretreatment Standards.
        It is equivalent to the term "significant industrial discharger (SID)"
        frequently used in EPA Region X.

     •  Chapter 2 briefly discusses the background of pretreatment regulation.

     •  Chapter 3 discusses the concept of categorical standards and the
        waiver regulations (removal credits, PDF variances) incorporated in
        them.

     •  Chapter 4 explains the application of categorical standards to the
        industrial users, with particular emphasis on the Electroplating
        Regulations.

     •  Chapter 5 explains in detail how to apply the Combined Wastestream
        Formula  to a  categorical industrial user, providing a sample calcula-
         tion  for  this  purpose.

     •  Chapter 6 outlines the POTW's responsibilities in providing notifica-
         tion  of  categorical standards and requirements to affected industrial
        users.

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C/Region 10///2
     •  Chapter 7 discusses  the  implementation of industrial user  control
        mechanisms with  emphasis on permit systems.

     •  Chapter 8 explains  the reasons for, and requirements of, the Acci-
        dental Spill  Prevention  Program.

     •  Chapter 9 details reporting requirements for both categorical and
        noncategorical industrial users.

     •  Chapter 10 details, the annual POTW evaluation and reporting require-
        ments.

     •  Chapter 11 discusses issues relating to a POTW's  monitoring and
        inspection of its industrial users and includes recommended procedures
        for  both.

     •  Chapter 12 discusses procedures which a POTW should consider when
        performing sample analyses such as chain-of-custody and QA/QC proce-
        dures.

     •  Chapter 13 considers issues related to the enforcement of  a POTW's
        pretreatment  program, including strategies and publication of signifi-
        cant violators.

     •  Chapter 14 describes the organization of both manual and computerized
        data management  systems.

     •  Chapter 15 addresses the issue of waste haulers and their  regulation
        under a local pretreatment program.

     •  Chapter 16 briefly  refers to considerations for a Toxic Organic
        Management Plan  (Solvent Management Plan).

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E/REG. X-l/#3


                                   CHAPTER 1

                       CLASSIFICATION OF INDUSTRIAL USERS


     A critical activity conducted by a POTW during its  pretreatment program

development phase was the Industrial User Survey (IUS).  The purpose of  the

survey was to identify and locate all possible nondomestic users subject  to

the pretreatment program, and to identify the volume and character of pollu-

tants discharged by these users.


     The results of the survey were utilized as a basis  for:


     •  Classifying industrial facilities

     •  Determining which facilities need to be regulated and what control
        mechanism they will be regulated by (permit, contract, industrial
        waste acceptance form, etc.)

     •  Developing a compliance monitoring program

     •  Determining data management needs, and

     •  Determining relative cost and resource needs.


     In general, the classification of a POTW's industrial users will set the

tone for how the POTW's program will be implemented.  The following is a

typical industrial classification scheme.


     •  Significant Industrial Discharger (SID) or Major User;  An industrial
        user of the municipality's wastewater disposal system who:

        -  is subject to or potentially subject to national categorical
           pretreatment standards promulgated by EPA under Section 307(b) or
           (c) of the Clean Water Act (CWA);

        -  has in its wastes toxic pollutants as defined pursuant to Section
           307 and Section 502 of the CWA;

        -  has a nondomestic flow of 25,000 gallons or more per average work
           day;

        -  has a nondomestic flow greater than 5 percent of the flow in the
           municipality's wastewater treatment system; or

        -  is determined by the POTW to have a significant impact or potential
           for significant impact, either singly or in combination with other
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D/REGION 10/03                                                s


            contributing industries, on the wastewater treatment system,  the
            quality of sludge, the system's effluent quality,  or air emissions
            generated by the system.

     •  Minor Industrial Users;  Small industries and some commercial  users
        (restaurants, auto repair shops, etc.) whose individual discharges do
        not significantly impact the treatment system, degrade  receiving water
        quality,  or contaminant sludge.  Industries that have the  potential  to
        discharge a nondomestic or process wastestream, but at  the present
        time discharge only sanitary waste, may also be included in this
        group.  However, this group does not contain any categorical indus-
        tries.  Industries in this classification may be included  in a general
        permit  system and occasionally monitored and inspected  to  determine  if
        their  status has changed.  If wastestreams from any of  these users or
        a  group of these industrial users becomes a problem,  the POTW  may
        require a general permit for all industrial users in that  group  or may
        wish to change their classification to a significant or major  indus-
        trial  user.

     •  Insignificant Industrial Users;  Nondomestic users that have been
        eliminated from further consideration.  These include industries that
        do not  discharge to the POTW, or do not have any reasonable chance of
        discharging a nondomestic wastestream to the POTW.


     The key group of industrial users is the Significant Industrial Dis-
 charger (SID).  Many sewer use ordinances enacted by municipalities contain  a

 definition of  Significant Industrial Discharger (or major user, major  dis-

 charger),  with the term utilized throughout the ordinance.  Even though  some
 POTWs have not  developed such a classification scheme, each Manager of a POTW
 should  recognize  that the SIDs are those facilities which need  to  be regulated

 and  monitored  on  a routine basis.  The framework for the implementation  phase
 should  be  based on regulating the SID.  T_he_ major thrust of this guidance
 document  revolves around local control authorities prioritizing their  efforts
 toward  controlling Significant Industrial Dischargers (SIDs).


     Pretreatment programs implemented by POTWs should not be too  narrow in

 scope.  Controlling wastewater discharges from categorical industries  (indus-
 tries  listed in Attachment 3.1 for which the EPA is promulgating Federal

 categorical pretreatment standards) is not the program's only objective. A
 pretreatment program should protect the collection system, the  treatment
 facility,  and the receiving waters from all potential impacts.   As outlined  in
 the  definition of Significant Industrial Discharger, other types of industrial
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D/REGION 10///3


facilities may need to be regulated to accomplish this objective.  Examples of

significant industrial dischargers are presented below.


     Group A:  Categorical Industries Regulated by Federal Pretreatment
               Standards.

     •  Electroplaters

     •  Metal finishers

     •  Pharmaceuticals

     •  Battery manufacturing, etc.  (See Chapter 3, Attachment 3.1 for
        complete  list).


     Group B:  Industries Having Toxic Pollutants That May Need Regulating.

     •  Centralized  treatment  facilities (facilities which receive toxic
        wastes from  individual industrial facilities).

     •  Categorical  industries for which the Federal regulations do not apply
        because they  are below a certain flow or production figure (e.g.,
        electroplating-type  facilities discharging less than 10,000 gals/day;
        procelain enameling  facilities discharging less than 60,000 liters/
        day).

     •  Metal finishing facilities not covered by the Federal categorical
        "metal finishing" regulation because they do not perform one of the
        following operations:  electroplating, electroless plating, anodizing,
        coatings, etching and  chemical milling, printed circuit board manu-
        facturing) (e.g., facility only involved in galvanizing, or hot
        dipping).

     •  Paragraph "8" exempted industries (see Chapter 3 Attachment 3.3 for
        discussion of Paragraph "8" exempted industries).  Example of indus-
        trial categories would be adhesive and sealants, auto and other
        laundries, printing  and publishing, paint and ink formulation.

     •  Other industries  (e.g., facility cleaning automobile engines or truck
        engines where heavy  metals could be discharged; radiator shops batch
        discharging  their caustic tanks, facilities who may mix pesticides
        whereby  the  mixing  tanks are washed and contents washed down floor
        drains).
      Group C:   Industries With a Nondomestic  Flow of  25,000 GPD or constitute
                5 Percent of the Flow.

      •  Facilities generally discharging conventional type wastes BOD5  and oil
         and grease (e.g., breweries,  meat packers,  slaughterhouses, food
         products industries).
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D/REGION 10/03


     Group D:  Industries  Determined by the City to Constitute  a Potential
               Problem.

     •  Concentration  of  restaurants discharging oil and grease causing
        clogging  of  sewer  lines

     •  Facilities discharging corrosive material or flammable  material

     •  Research  facilities

     •  Hospitals

     •  University laboratories.


     Recommended  control  mechanisms for the industries described above are:
permits, contracts,  or industrial waste acceptance forms whereby specific

effluent limitations,  and  monitoring and reporting requirements are  individ-
ualized, based on the  industrial user and its wastewaters.


     Pretreatment standards that could apply to the above industrial groups:


     Group A:   Federal categorical limits or locally derived effluent limits
                (e.g.,  heavy metals, cyanide, toxic organics), whichever are
                more  stringent, plus general prohibitive discharge standards

     Group B:   Locally derived effluent limits (e.g., heavy metals,  cyanide,
                toxic organics) plus general prohibitive discharge standards

     Group C:   Prohibitive discharge standards, plus any specific limit for
      and       conventional wastes (e.g., BOD,-, oil and grease)
     Group D

               All sewer  use ordinances should contain the  general prohibitive
                discharge  standards.  A large majority of POTW ordinances
                contain specific numerical effluent limits (heavy metals,
                cyanide, phenolics, BOD., oil and grease) which  were  developed
                to prevent  pass-through, sludge contamination, and interference
                of the  POTW.


     Chapters  4 and  7  describe in further detail how to apply the appropriate
limits  to  a  significant industrial discharger and how to use a  control
mechanism  (permits)  to convey limitations, monitoring and reporting  require-
ments to  industrial  users.
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D/REG. 10/#18                                                  -

                                   CHAPTER 2
                      STATUS OF PRETREATMENT REGULATIONS

     This chapter provides a brief history of the General Pretreatment
Regulations and a discussion of their current status.  A copy of the regula-
tions as well as their amendments and a description of the 1983 court ruling
affecting the regulations are included as attachments to this chapter.

Regulatory Background
     In 1972, Section 307(b) of the Federal Water Pollution Control Act
Amendments (Pub. L. 95-500) established the' first Federal pretreatraent
requirements.  In response to these amendments EPA promulgated 40 CFR 128  at
the end of 1973.  This regulation set forth pretreatraent standards concerned
primarily with protection of POTWs.

     The Agency signed a Consent Decree in the case of Natural Resources
Defense Council, Inc. vs. Train in 1976.  This decree required the promulga-
tion of national technology-based pretreatraent standards for twenty-one
priority industrial categories and focused control efforts on  129 toxic
priority pollutants.

     In February, 1977, EPA published proposed General Pretreatraent regula-
tions.  This  package presented for public comment four major options for
creating the  framework to deal with pollution problems from indirect dis-
chargers.  The 1977 proposal generated extensive public and congressional
debate.  EPA  held numerous  public meetings and hearings which  produced
testimony or  written comments from 400 individuals or groups.  In the last
half  of 1977, Congress considered pretreatment as it developed the Clean Water
Act Amendments of 1977.  Congress amended the Clean Water Act  to incorporate
many  of the Consent Decree  decisions including the emphasis on control of
toxics  through national  technology-based categorical standards.  Additionally,
Congress decided  that POTWs would be the level of government primarily
responsible  for  enforcing these  standards and called for the development of
 local pretreatraent  programs  [§402(b)(8) of  the Clean Water Act],
                                      2-1

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D/REG. 10/#18

     On June 26,  1978,  the  Agency promulgated the General  Pretreatraent
Regulations which established mechanisms and procedures  for  applying national
pretreatment standards  and  for establishing State and  local  programs.  The
regulations complied with the new pretreatment mandates  set  forth in the Clean
Water Act Amendments.   In the subsequent fiscal year,  EPA, for  the first time,
allocated significant Agency resources to implement  the  national pretreatment
program.

     In August  of 1978,  the Chemical Manufacturers Association  (CMA), the U.S.
Brewers Association, the Pacific Legal Foundation and  the  Natural Resources
Defense Council brought actions challenging various  aspects  of  the regula-
tions.  On May  31,  1979,  EPA entered into an agreement with  the industrial
petitioners which sought to settle most of the issues  raised by these parties
in litigation.   Accordingly, the Agency published proposed amendments to the
general pretreatment regulations on October 29, 1979.  The parties to the
settlement agreed not to litigate the issues covered by  the  agreement if the
language of the final amended regulations did not differ significantly from
the October proposal.

     The amendments centered on simplifying and easing the requirements for a
POTW to grant removal credits altering the categorical discharge limits
applicable to its industrial users.  In addition to  changes  proposed pursuant
to the settlement agreement, the proposal included changes initiated by EPA to
resolve inconsistencies and clarify ambiguous provisions of  the June 1978
regulations.

     On January 28, 1981, EPA promulgated amendments to  the  General Pretreat-
ment Regulations which  were to take effect March 13, 1981.  The President's
regulation freeze issued January 29th delayed the effective  date until
March 30, 1981.  In April 2, 1981, a notice in the Federal Register indefi-
nitely postponed the effective date of the amendments  pending a decision by
the President's Task Force on Regulatory Relief/The  office of Management and
Budget.

     On July  8, 1981,  the United States Court of Appeals for the Third Circuit
issued an opinion finding that the indefinite postponement of the amendments
                                      2-2

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E/REG. X-1///18

to the general pretreatment regulations contravened the notice and comment
provisions of the Administrative Procedures Act.  To remedy this violation,
the Court directed the Agency to retroactively reinstate all of the amend-
ments, effective March 30, 1981.  A copy of the amended General Pretreatment
Regulations is provided in Attachment 2.1.

     Various parties challenged the pretreatment regulations and the electro-
plating categorical pretreatment standards.  All the cases were consolidated
in National Association of Metal Finishers (NAMF) et al. vs. EPA  in the
United States Court of Appeals for the Third Circuit.  The Court of Appeals
for the Third Circuit.  The pretreatment provisions challenged in the litiga-
tion were:

     •  The definitions of "new source", "interference", and "pass-through"
     •  The combined wastestream formula
     •  The removal credits provision
     •  the fundamentally different factors (FDF) variance provision.

     In its ruling, issued on September 20, 1983, the Third Circuit Court of
Appeals upheld the electroplating standards, the combined wastestream formula,
and the removal credits provision.  However, the court remanded to EPA the
challenged definitions and the FDF provision of the General Pretreatment
Regulations.  As a result of these decisions, EPA has suspended the regulatory
definitions of the terms in question and has modified the FDF provision so
that an FDF variance is not available for toxic pollutants.

     A more detailed description of the rulings of the Third Circuit Court of
Appeals is contained in Attachment 2.2, along with copies of the amendments to
the 1981 General Pretreatment Regulations.  Also included in Attachment 2.2
are amendments that revise the authority citation for the regulations and the
definition of F_ as used in the Combined Wastestream Formula [40 CFR 403.6(e)].
                                     2-3

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         Attachment 2.1






General Pretreatment Regulations

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PART 403—GENERAL PRETREATMENT
  REGULATIONS FOR EXISTING AND
  NEW SOURCES OF POLLUTION

Sec.
403.1  Purpose and applicability.
403.2  Objective of  general pretreatment
   regulation.
403.3  Definitions.
403.4  State or local law.
403.9  National  pretreatment  standards:
   prohibited discharges.
403.6  National  pretreatment  standards:
   categorical standards.
403.7  Revision of categorical pretreatment
   standards to reflect POTW removal of
   pollutants.
403.8  POTW pretreatment  programs: de-
   velopment by POTW.
403.9  POTW pretreatment programs and/
   or authorization to revise pretreatment
   standards: submission for approval.
403.10  Development  and  submission  of
   NPDES State pretreatment programs.

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§403.1
   Tiff* 40—Protection of Environment
See.
403.11  Approval procedures for POTW pro-
   grams and revisions of categorical pre-
   treaunent standards.
403.12  Reporting    requirements    for
   POTWs and industrial users.
403.13  Variances from categorical pretreat-
   ment standards for fundamentally dif-
   ferent factors.
403.14  Confidentiality.
403.15  Net/Gross calculation.
403.16  Upset provision.
Ammnx A—PROGRAM OUTDANCE MTMORAJI-
   OUM
Armnxx B—45 Toxic POLLUTANTS
Arranux C—34 ImnsTHiAL CATTGORIM
Ammnx D—SBXCTXB INDUSTRIAL SUBCATK-
   ipimTW* FI»H»I»I» FROM RCOULATIOH PX7»-
   SUAHT TO PARAGRAPH 8 or THS NRDC v.
   Cattle CONSENT DCCRB
  AUTHORITY: Sees. 301: 304 (b). (c). (e). and
(g): 306 (b) and (c): 307: 308 and 501 of the
Clean Water Act (the Federal Water Pollu-
tion Control Act Amendments of 1972. as
amended by the Clean Water Act of  1977)
(the "Act"): 33 X7.S.C. 1311:1314 (b). (c). (e).
and (g): 1316 (b) and (c): 1317:  1318: and
1361: 86 Stat. 816. Pub. L. 92-500; 91  Stat,
1567: Pub. L. 95-217.
  SOURCE: 46 FR 9439. Jan. 28. 1981. unless
otherwise noted.

9 403.1  Purpose and applicability.
  (a) This part  Implements  sections
204(bXlXC).         208.       301(bX2XAXli).
301(hX5> and 301(1X2). 304 (e) and (g).
307. 308. 309. 402(b). 405. and 501(a) of
the Federal Water Pollution Control
Act as amended by the Clean Water
Act of 1977 (Pub. L. 95-217)  or "The
Act." It establishes responsibilities of
Federal.  State, and local government.
industry and the public to Implement
National  Pretreatment Standards to
control pollutants which pass through
or interfere with treatment processes
in Publicly  Owned Treatment Works
(POTWs) or which may contaminate
sewage sludge.
  (b) This regulation applies: (1) To
pollutants from non-domestic sources
covered  by  Pretreatment  Standards
which  are indirectly discharged Into or
transported by truck or rail or other-
wise introduced  into POTWs as de-
fined below in I 403.3; (2) to POTWs
which  receive wastewater from sources
subject  to   National   Pretreatment
Standards: (3) to States which have or
are applying for National Pollutant
Discharge    Elimination    System
(NPDES)  programs approved in  ac-
cordance with section 402 of  the Act;
and (4) to any new or existing source
subject  to Pretreatment Standards.
National Pretreatment Standards  do
not apply to sources which Discharge
to a sewer which is not connected to a
POTW Treatment Plant.
  (c) The deadlines for submission of
category   determination    requests
(|403.6(a)),  baseline  monitoring   re-
ports ({  403.12). fundamentally differ-
ent    factors   variance    requests
(§ 403.13). and  applications  for net/
gross  adjustments (9403.15)  are  ex-
tended ninety days for integrated  fa-
cilities subject  to the electroplating
Pretreatment standards (40 CFR Part
413). Industrial users subject to the in-
organic chemicals pretreatment stand-
ards promulgated on June 29.  1982 (47
FR 28260; 40 CFR Part 415) and indus-
trial users subject to the iron and steel
pretreatment standards (40 CFR Part
420).

C46 FR 9439. Jan. 28.1981. aa amended at 48
FR 2778. Jan. 21. 1983)

8 403J  Objectives of general pretreatment
    regulations.
  By  establishing the responsibilities
of government and Industry to imple-
ment  National Pretreatment Stand-
ards this regulation fulfills three ob-
jectives:  (a) To prevent the introduc-
tlon of pollutants into POTWs which
will interfere with the operation of a
POTW. Including Interference with its
use or disposal of municipal sludge: (b)
to prevent the introduction of pollut-
ants  Into POTWs  which will  pass
through the treatment works or other-
wise be incompatible with such works:
and (c) to Improve opportunities to re-
cycle and reclaim municipal and indus-
trial wastewaters and sludges.

0403.3  Definition*.
  For the purpose of this regulation:
  (a)  Except  as discussed below,  the
general definitions, abbreviations,  and
methods of  analysis set  forth in 40
CFR Part 401 shall apply to this regu-
lation.
  (b-)  The term "Act" means Federal
Water Pollution Control  Act.  also
known as the  Clean Water Act. as
amended. 33 U.S.C. 1251. et seq.
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Chapter I—Environmental Protection Agency

  (c) The term "Approval Authority"
means  the Director  in  an  NPDES
State with an approved State pretreat-
ment program and  the  appropriate
Regional  Administrator  in  a  non-
NPDES State  or NPDES State with-
out an  approved State pretreatment
program.                   __
  (d) The term "Approved POTW Pre-
treatment Program" or "Program" or
"POTW   Pretreatment    Program"
means  a program administered by a
POTW that meets the criteria estab-
lished in this regulation (§S 403.3 and
403.9) and which has been  approved
by a Regional Administrator or State
Director in accordance with { 403.11 of
this regulation.
  (e) The term "Director" means the
chief administrative officer of a State
or Interstate water pollution control
agency  with an NPDES  permit pro-
gram approved pursuant  to section
402(b)  of the Act and an  approved
State pretreatment program.
  (f) The term "Enforcement Division
Director" means one of the  Directors
of the Enforcement  Divisions within
the Regional offices of the  Environ-
mental Protection Agency or this per-
son's delegated representative.
  (g) The term "Indirect Discharge" or
"Discharge" means the introduction of
pollutants into a  POTW from any
non-domestic source  regulated under
section 307(b). (c) or (d) of the Act.
  (h) The term "Industrial  User" or
"User" means a source of Indirect Dis-
charge.
  (i) The term "Interference" means
an  inhibition  or disruption of  the
POTW. its treatment processes or op-
erations, or its sludge processes, use or
disposal which is a cause of or signifi-
cantly contributes to either a violation
of any  requirement  of the  POTWs
NPDES permit (including an increase
in the magnitude or duration of a vio-
lation) or to the prevention of sewage
sludge use or disposal by the POTW in
accordance with the following statuto-
ry provisions and regulations or per-
mits issued thereunder (or more strin-
gent State or  local  regulations): Sec-
tion 405 of the Clean Water Act. the
Sohd Waste Disposal Act (SWDA) (in-
cluding title  II  more commonly re-
ferred  to  as the Resource Conserva-
tion and Recovery Act (RCRA) and In-
                             §403.3
eluding State regulations contained in
any  State sludge management plan
prepared pursuant to Subtitle D of the
SWDA).  the Clean Air Act. and the
Toxic Substances Control Act. An In-
dustrial User significantly contributes
to such a permit violation or preven-
tion  of sludge  use or  disposal  in ac-
cordance with above-cited authorities
whenever such User
  (1) Discharges a daily pollutant load-
ing in  excess of that allowed by  con-
tract with the  POTW  or by Federal.
State or local law,
  (2)  Discharges  wastewater  which
substantially differs in nature or  con-
stituents from the User's average Dis-
charge; or
  (3) Knows or has reason  to know
that its  Discharge, alone or in  con-
junction  with Discharges from other
sources,  would  result  in a POTW
permit violation or prevent sewage
sludge use or disposal  in accordance
with  the above-cited  authorities  as
they apply  to  the POTWs selected
method of sludge management.
  (j) The term "National Pretreatment
Standard," "Pretreatment Standard."
or "Standard"  means  any regulation
containing pollutant discharge limits
promulgated by the EPA in accord-
ance with section 307 (b) and (c) of the
Act. which applies to Industrial Users.
This  term  includes prohibitive  dis-
charge limits established pursuant  to
§ 403.5.
  (k) The term "New Source" means
any building, structure, facility, or in-
stallation from  which there is or may
be a  Discharge,  the construction  of
which commenced:
  (1) After promulgation of Pretreat-
ment Standards under  section  307(c)
of the Act  which are applicable  to
such source; or
  (2) After proposal  of Pretreatment
Standards in accordance with section
307(c) of the Act which are applicable
to such source,  but only if the Stand-
ards  are  promulgated   in accordance
with section 307(c) within 120 days  of
their proposal.
  (1)  The terms "NPDES Permit"  or
"Permit" means a permit issued to a
POTW pursuant to section 402 of the
Act.
  (m) The term "NPDES State" means
a State (as defined in 40 CFR 122.3)  or
                                   11

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§403.4

Interstate  water   pollution  control
agency  with  an NPDES  permit pro-
gram approved pursuant to section
402(b) of the Act.
  (n) The term "Pass Through" means
the Discharge of  pollutants through
the POTW into navigable  waters  in
quantities or concentrations which are
a cause of or significantly contribute
to a violation of any requirement  of
the POTWs NPDES permit (including
an increase in the  magnitude or dura-
tion of a violation). An Industrial User
significantly   contributes  to  such
permit violation where It:
  (1) Discharges a daily pollutant load-
ing in excess of that allowed by con-
tract  with  the POTW or by Federal.
State, or local law:
  (2)  Discharges  wastewater  which
substantially   differs  in  nature and
constituents from  the User's average
Discharge;
  (3)  Knows  or has reason to  know
that its Discharge, alone or in con-
junction with Discharges from  other
sources, would result in a permit viola-
tion; or
  (4)  Knows  or has reason to  know
that the POTW is. for any reason, vio-
lating its final effluent limitations  in
its  permit  and  that  such  Industrial
User's Discharge either  alone  or  in
conjunction  with  Discharges  from
other sources, increases the magnitude
or duration of the POTWs violations.
  (o)  The  term   "Publicly  Owned
Treatment Works" or "POTW" means
a treatment works as defined by sec-
tion 212 of the Act. which is owned by
a State or municipality (as defined by
section 502(4) of the Act). This defini-
tion includes any devices  and systems
used in the storage, treatment, recy-
cling  and  reclamation  of  municipal
sewage or industrial wastes of a liquid
nature.  It  also includes sewers, pipes
and other  conveyances only  if they
convey wastewater to a POTW Treat-
ment  Plant. The term also means the
municipality  as  defined  in  section
502(4) of the Act.  which has jurisdic-
tion over the Indirect  Discharges  to
and the discharges from such a treat-
ment works.          	
  (p)  The  term "POTW Treatment
Plant"  means that  portion  of the
POTW  which is designed to provide
treatment  (including  recycling  and
   Titl* 40 ' Protection of Environment

reclamation) of municipal sewage and
industrial waste.
  (q> The term "Pretreatment" means
the reduction of the amount of pollut-
ants, the elimination  of pollutants, or
the alteration of the nature of pollut-
ant properties in wastewater prior to
or in lieu of discharging or otherwise
introducing  such  pollutants  into  a
POTW.  The reduction or  alteration
may be obtained by physical, chemical
or   biological   processes,   process
changes or by other means, except as
prohibited by §403.6(d). Appropriate
pretreatment technology includes con-
trol equipment, such as equalization
tanks   or  facilities,  for  protection
against surges or slug  loadings that
might  interfere  with  or otherwise be
incompatible with the POTW. Howev-
er, where wastewater from a regulated
process is mixed in an equalization fa-
cility with unregulated  wastewater or
with wastewater from another regulat-
ed  process,  the  effluent  from the
equalization facility must meet an ad-
justed  pretreatment limit calculated in
accordance with { 403.6(e).
  (r) The term "Pretreatment require-
ments" means any substantive or pro-
cedural  requirement  related to Pre-
treatment. other than a National Pre-
treatment Standard,  imposed  on an
Industrial User.
  (s) The term "Regional Administra-
tor" means the  appropriate EPA Re-
gional  Administrator.
  (t) The term  "Submission" means:
(DA request by a  POTW for approval
of a  Pretreatment Program  to the
EPA or a Director. (2) a request by a
POTW to the EPA or a Director for
authority  to revise  the   discharge
limits   in categorical  Pretreatment
Standards to reflect POTW pollutant
removals: or (3)  a  request to the EPA
by an NPDES State for  approval of its
State pretreatment program.

  EDROUAX. NOTE At 49 PR 5132. Feb. 10.
1984. paragraphs (1). (k). and (n) were sus-
pended  until further notice.

§ 403.4  State or local law.
  Nothing in this regulation is intend-
ed  to  affect any  Pretreatment Re-
quirements,  including any  standard]
or prohibitions, established by State
or local law as  long  as the State or
                                    12

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Chop'*' '—Environmental Protection Agency

local requirements are not less strin-
gent than ***? set forth ta National
Pretreatment Standards, or any other
requirements  or  prohibitions  estab-
lished under the Act or this  regula-
tion. States  with an NPDES  permit
program approved in accordance with
section 402 (b) and (c) of the  Act. or
States  requesting NFDES  programs.
are responsible for developing  a State
pretreatment program in accordance
with i 403.10 of this regulation.

040X5  National pretreatment  standard*:
    prohibited discharge*.
  (a) General prohibitions. Pollutants
introduced into POTW's by an non-do-
mestic source shall not Pass Through
the POTW or Interfere with the oper-
ation or performance of the works.
These  general prohibitions and  the
specific prohibitions  in paragraph (b)
of this section apply to all non-domes-
tic sources introducing pollutants into
a POTW whether or not the source is
subject  to  other National  Pretreat-
ment Standards or any national. State.
or local Pretreatment Requirements.
  (b)  Specific prohibitions.  In addi-
tion, the following pollutants shall not
be introduced into a POTW:
  (1) Pollutants which creat a fire or
explosion hazard in the POTW;
  (2) Pollutants which will cause cor-
rosive  structural  damage   to  the
POTW. but in no case Discharges with
pH lower than 5.0. unless the works is
specifically designed  to accommodate
such Discharges:
  (3)  Solid  or viscous pollutants  in
amounts which will cause obstruction
to the flow in the POTW resulting in
Interference;
  (4) Any pollutant, including  oxygen
demanding pollutants (BOD. etc.) re-
leased in a Discharge at a How rate
and/or pollutant concentration which
will cause  Interference  with  the
POTW.
  (5) Heat in amounts which will in-
hibit biological activity in the  POTW
resulting in Interference, but  in  no
case heat in such quantities that the
temperature at the POTW Treatment
Plant exceeds  40'C (104'P) unless the
APProvalAuthority.  upon request of
the POTW. approves alternate tem-
perature limits.
                             §403.6
  (c) When specific limits must be de-
veloped by POTW. (1) POTW's devel-
oping POTW Pretreatment Programs
pursuant to  § 403.8 shall develop and
enforce specific limits  to  implement
the prohibitions listed  in paragraphs
(a) and (b) of this section.
  (2) All other POTW's shall, in cases
where   pollutants   contributed  by
Userts) result in Interference or Pass-
Through, and such violation is likely
to recur, develop and enforce specific
effluent limits for Industrial Userts).
and  all other users, as appropriate.
which,  together  with  appropriate
changes in  the POTW  Treatment
Plant's Facilities or operation, are nec-
essary  to ensure renewed and contin-
ued  compliance  with  the POTW's
NPDES permit or sludge use or dispos-
al practices.
  (3) Specific effluent limits shall not
be developed and enforced without in-
dividual notice to persons or groups
who have requested such  notice and
an opportunity to respond.
  (d) Local limits. Where specific pro-
hibitions or limits on pollutants or pol-
lutant  parameters are developed by a
POTW in accordance with paragraph
(c) above, such limits shall be deemed
Pretreatment Standards for the  pur-
poses of section 307(d) of the Act.
  (e) EPA and State enforcement ac-
tions. If. within 30 days after notice of
an Interference or Pass Through viola-
tion has been sent by EPA  or the
NPDES State to the POTW.  and to
persons or groups who have requested
such notice,  the POTW fails to com-
mence  appropriate enforcement action
to correct the violation. EPA or the
NPDES State may  take appropriate
enforcement  action.
  (f) Compliance  deadlines.  Compli-
ance with the provisions of this sec-
tion is  required beginning on C44 days
after publication in the FEDERAL REG-
isTERl. except for paragraph (b)(5) of
this section which must be complied
with by August 25.1981.

9403.6  National Pretreatment Standards:
   Categorical standard*.
  National   Pretreatment  Standards
specifying quantities or concentrations
of pollutants or pollutant properties
which may be Discharged to a POTW
                                   13

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§403.6

by existing or new Industrial Users in
specific industrial subcategories will be
established as  separate  regulations
under the appropriate subpart of  40
CFR Chapter I. Subchapter N. These
Standards,  unless  specifically noted
otherwise, shall be in addition to the
general  prohibitions  established   in
f 403.5 of this part.
  (a) Category determination request-
ID  Application  deadline. Within  6O
days after the effective date of a Pre-
treatment Standard for a subcategory
under which an Industrial User may
be included, or within 60 days after
the FEDERAL Rxoisra notice announc-
ing the availability of the technical de-
velopment document for that subcate-
gory. whichever  is later, the existing
Industrial User or POTW may request
that the  Enforcement Division Direc-
tor or Director, as appropriate, provide
written certification on whether the
Industrial User  falls within that par-
ticular  subcategory. A  new source
must request this certification prior to
commencing discharge.  Where a  re-
quest for certification is submitted by
a POTW. the POTW shall notify any
affected Industrial User of such sub-
mission. The Industrial User may pro-
vtde  written comments on the POTW
submission to the  Enforcement Divi-
sion  Director or Director, as appropri-
ate, within 30 days of notification.
  (2) Contents of application.  Each re-
quest shall contain a statement:
  (1)   Describing  which  subcategories
might be applicable; and
  (11) Citing evidence and reasons why
a particular subcategory is applicable
and  why others are not applicable.
Each such statement shall contain an
oath stating that the facts contained
therein are true on the basis of the ap-
plicant's personal knowledge or to the
best  of his information and belief. The
oath shall  be  that  set  forth   in
S 403.7(b)(2)(il).   except   that   the
phrase  "} 403.7"  shall be  replaced
with "j 403.6(a>."
  (3)  Deficient  request*. The  Enforce-
ment Division Director or Director will
only act on written requests for deter-
minations that contain all of the Infor-
mation required.  Persons who  have
made incomplete submissions will  be
notified by the  Enforcement Division
Director  or  Director that  their  re-
   Title <0  Protection of Environment

quests are  deficient  and.  unless the
time period is extended, will be given
30 days  to  correct the deficiency.  If
the deficiency is not  corrected within
30 days or within an  extended period
allowed by  the  Enforcement Division
Director or the Director,  the request
for a determination shall be denied.
  (4) Final decision. (1)  When the En-
forcement Division Director or Direc-
tor receives a submlttal  he or she will.
after  determining that  it  contains all
of the information required  by para-
graph (2) of this section, consider the
submission,  any additional  evidence
that may have been requested, and
any other available information rele-
vant to the request. The Enforcement
Division Director or Director will then
make a written determination of the
applicable subcategory  and state the
reasons for the determination.
  (11)  Where the request is submitted
to the Director,  the Director shall for-
ward  the determination described  in
this paragraph to the  Enforcement Di-
vision Director who may make a final
determination. The Enforcement Divi-
sion Director may waive  receipt  of
these determinations. If the  Enforce-
ment   Division   Director  does  not
modify the  Director's decision within
60 days after receipt thereof, or if the
Enforcement Division Director waives
receipt of the determination, the Di-
rector's decision is f inaL
  (ill) Where the request is submitted
by the Industrial User or POTW  to
the Enforcement Division Director  or
where the  Enforcement Division Di-
rector elects to  modify  the Director's
decision, the Enforcement Division Di-
rector's decision will be f inaL
  (iv)  The  Enforcement Division Di-
rector or Director,   as appropriate.
shall send a copy of the  determination
to the affected Industrial User and the
POTW. Where the final determination
is made by  the  Enforcement Division
Director,  he or  she shall send a copy
of the determination to the Director.
  (5) Requests for hearing and/or legal
decision. Within 30 days following the
date of receipt  of notice of the final
determination as provided  for by para-
graph (a)(4)(iv) of this section, the Re-
quester may submit  a petition to re-
consider or contest the decision to the
Regional  Administrator who shall act
                                     14

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        I— Environmental Protection Agency
                              §403.6
on  such  petition expeditiously and
state the reasons for his or her deter-
mination in writing.
  (b)  Deadline for compliance With.
categorical standards.  Compliance by
existing sources with categorical Pre-
treatment Standards shall be within 3
years of the date the standard is effec-
tive unless a shorter compliance time
is specified in the appropriate subpart
of 40 CFR Chapter I. Subchapter N
but in any case no later than July 1.
1984.  Direct  Discharges  with NPDES
permits modified or reissued to pro-
vide a variance pursuant  to section
301(1X2)  of the Act shall be required
to meet compliance dates set forth in
any  applicable  categorical Pretreat-
ment  Standard.   Existing   sources
which become Industrial Users subse-
quent  to promulgation of an applica-
ble categorical Pretreatment Standard
shall be considered existing Industrial
Users except  where such sources meet
the definition of a New Source  as de-
fined in i 403.3(k). Compliance with
categorical  Pretreatment  Standards
for New Sources will be required upon
promulgation.
  (c) Concentration and mass  limits.
Pollutant discharge limits in categori-
cal Pretreatment Standards will be ex-
pressed  either as  concentration or
mass limits. Wherever possible, where
concentration limits are specified  in
standards, equivalent mass limits will
be provided so that local. State or Fed-
eral authorities  responsible for  en-
forcement may use either  concentra-
tion or mass  limits. Limits in categori-
cal   Pretreatment  Standards   shall
apply  to the effluent  of the process
regulated by  the Standard, or as oth-
erwise specified by the standard.
  (d) Dilution prohibited as substitute
for treatment. Except where expressly
authorized to do so  by an applicable
categorical Pretreatment Standard, no
Industrial User shall ever increase the
use of process water or.  in any other
way. attempt to dilute  a Discharge as
a partial or  complete substitute  for
adequate treatment to achieve compli-
ance with a  categorical Pretreatment
Standard. The Control  Authority  (as
defined  in  5 403.12(a»  may  impose
mass  limitations  on Industrial  Users
which are using dilution to meet appli-
cable  Pretreatment Standards or in
other  cases where the  imposition of
mass limitations is appropriate.
  (e) Combined wastestream formula.
Where process effluent is mixed prior
to treatment  with wastewaters other
than those generated by the regulated
process,  fixed  alternative discharge
limits  may be derived by the Control
Authority, as defined in $ 403.12(a). or
by the Industrial User with the writ-
ten  concurrence of the  Control Au-
thority. These alternative limits shall
be  applied to  the  mixed effluent.
When deriving  alternative categorical
limits, the Control Authority or Indus-
trial User shall calculate both an alter-
native daily maximum value using the
daily maximum value
-------
§403.6
   TIM* 40—Protection of Environment
where
  Cr-the alternative concentration limit (or
   the combined wastestream.
  G-the categorical Pretreatment Standard
   concentration limit  for  a pollutant  In
   the regulated stream L
  P,-the average dally flow (at least a 30-
   day average) of stream 1 to the  extent
   that it la regulated for such pollutant.
  Fo-the average daily flow (at least a 30-
   day average) from (a) boiler blowdown
   streams   and   non-contact   cooling
   streams; provided, however, that where
   such  streams contain   a  significant
   amount of a pollutant, and the combina-
   tion of such streams, prior to treatment.
   with an Industrial Users regulated proc-
   ess wastestream(s) will result in a sub-
   stantial reduction of that pollutant, the
   Control Authority, upon application  of
   the Industrial User, may exercise Its dis-
   cretion   to  determine  whether  such
   streamu) should be classified as diluted
   or unregulated. In its application to the
   Control Authority, the Industrial User
   must provide engineering,  production.
   T* tripling and analysis and such other In-
   formation so that the Control Authority
   can make its determination, or (b) sani-
   tary wastestreams where such streams
   are not regulated  by a categorical Pre-
   treatment Standard,  or (c) from any
   process wastestreams which were  or
   could have been entirely exempted from
   categorical Pretreatment Standards pur-
   suant to paragraph  8 of the NRDC v.
   Cattle  Consent Decree (12 ERC  1833)
   for one or more of the following reasons
   (see Appendix O):
  U) the pollutants of concern are not de-
   tectable In the effluent from the Indus-
   trial User (paragraph (BXaXlll)):
  (2) the pollutants of concern are present
   only In trace  amounts and are neither
   causing nor  likely to cause toxic effects
   (paragraph (SXaXlll)):
  (3) the pollutants of concern are present
   In amounts  too small to  be effectively
   reduced by  technologies known to the
   Administrator (paragraph (SXaXlii)); or
  (4) the wastestream contains  only pollut-
   ants which are  compatible with the
   POTW (paragraph (BxbXD).
                                             PT-the average dally flow (at least a 30-
                                               day  average) through  the combined
                                               treatment facility (includes  F,. F0 and
                                               unregulated streams).
                                             N~the total number of regulated streams.

                                             (11) Alternative muss limit.
where
  MT»the alternative mass limit for a pol-
    lutant in the combined wastestream.
  MI - the categorical Pretreatment Stand*
    ard mass limit for a pollutant In the reg-
    ulated stream 1 (the categorical pretreat*
    ment mass limit multiplied by the ap-
    propriate measure of production).
  Fi»the average flow (at least a 30-day av-
    erage) of stream 1 to the extent that It Is
    regulated for such pollutant.
  Fo-the average daily flow (at least a 30-
    day  average) from (a) boiler blowdown
    streams    and   non-contact   cooling
    streams: provided, however, that where
    such  •+r**tn*  contain  a  significant
    amount of a pollutant, and the combina-
    tion of such streams, prior to treatment.
    with an Industrial Users regulated proc-
    ess wastestream(s) will result in a sub-
    stantial reduction of that pollutant, the
    Control Authority, upon application of
    the Industrial User, may exercise its dis-
    cretion  to determine  whether  such
    atream(s) should be classified as diluted
    or unregulated. In Its application to the
    Control Authority, the Industrial User
    must provide engineering, production.
    sampling and analysis and such other In-
    formation so that the Control Authority
    can make its determination, or (b) sani-
    tary wastestreams where such streams
    are not regulated by a categorical  Pre-
    treatment  Standard,  or (c)  from  any
    process wastestreams  which  were  or
    could have been entirely exempted from
    categorical Pretreatment Standards pur-
    suant  to paragraph 8 of the NRDC v.
    Cattle Consent  Decree  (12  ERC  1833)
    for one or more of the following reasons
    (see Appendix D>:
                                        16

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        I—environmental Protection Agoncy
                              §403.7
 (i) the poUutmnta of concern are not de-
   tectable In the effluent from the Indus-
   trial User (paragraph (SXaXUl)):
 (2) the pollutants of concern are present
   only in trace  amounts and are neither
   causing nor likely to cause toxic effects
   (paragraph (BXaXiil)):
 <3) the pollutant! of concern are present
   in amounts too  small  to be effectively
   reduced by technologies known to the
   Administrator (paragraph (8XaXlil»: or
 (4) the wastestream contains only pollut-
   ants  which are compatible  with  the
   POTW (paragraph (8XbXl».
 FT.the average  flow (at least a 30-day av-
   erage) through the combined treatment
   facility (Includes fu FD and unregulated
   streams).
 N-the total number of regulated streams.
 (2) Alternate  limit* below detection
limit  An alternative  pretreatment
limit may not be used  if the alterna-
tive limit is below the analytical detec-
tion limit for any of the regulated pol-
lutants.
 (3) Self-monitoring. Self-monitoring
required to insure compliance with the
alternative categorical limit shall be as
follows:
 (I)  The type and frequency of sam-
pling, analysis and flow measurement
shall be determined by reference to
the self-monitoring  requirements of
the appropriate categorical Pretreat-
ment Standard(s);
 (ii) Where the self-monitoring sched-
ules  for  the appropriate Standards
differ,  monitoring shall be done ac-
cording to the most frequent schedule;
 (ill) Where flow determines the fre-
quency of self-monitoring in a categor-
ical Pretreatment Standard, the  sum
of  all regulated flows (Ft) is the flow
which shall be used to determine self-
monitoring frequency.
[46 PR 9439. Jan.  28.1981. as amended at 49
FR 21037. May 17. 1984]

9403.7  Revision  of categorical pretreat-
   ment standards to reflect  POTW re-
   moral of pollutants.
 This section  provides  the  criteria
and procedures  to be used  by a POTW
In  revising  the  pollutant  discharge
limits specified In categorical Pretreat-
ment Standards to reflect  Removal of
pollutants by the POTW.
 (a) Definitions. For the purpose of
this section:
 (1) "Removal" shall mean  a reduc-
tion  in the amount of  a pollutant in
the POTW's effluent or alteration of
the nature of a pollutant during- treat-
ment at the POTW. The reduction or
alteration can be obtained by physical.
chemical or biological means and may
be the result of specifically designed
POTW capabilities or it may be inci-
dental to the operation of the treat-
ment system. Removal as used in this
subpart shall not mean dilution of a
pollutant in  the POTW. The demon-
stration  of Removal shall consist of
data  which  reflect   the  Removal
achieved by the POTW for those spe-
cific pollutants of concern included on
the list developed pursuant to section
307(a) of  the  Act. Each  categorical
Pretreatment Standard will specify
whether or not a  Removal Allowance
may be granted for indicator or surro-
gate  pollutants  regulated  in  that
Standard.
  (2) "Consistent removal" shall mean
the average of the lowest 50 percent of
the removals measured according to
paragraph (d)(2) of this section. All
sample  data obtained for  the  meas-
ured pollutant during the time period
prescribed in paragraph (d)(2) of this
section must be reported and used in
computing Consistent Removal. If a
substance is  measurable in the influ-
ent but not in the effluent, the efflu-
ent level  may be  assumed to be the
limit of measurement, and those data
may be used by the POTW at its dis-
cretion and subject to approval by the
Approval  Authority. If the substance
is not measurable in the influent, the
data  may not  be used.  Where the
number  of samples with concentra-
tions equal to or above the  limit of
measurement is  between 8  and 12, the
average of the lowest 6 removals shall
be used.  If there are less than 8 sam-
ples with concentrations  equal to  or
above the limit of measurement, the
Approval  Authority may approve  al-
ternate means for demonstrating Con-
sistent Removal. The term "measure-
ment" refers to the ability of the ana-
lytical method or protocol  to quantify
as well as identify the presence of the
substance in question.
  (3) "Overflow" means the Intention-
al or unintentional  diversion of How
from  the POTW  before  the POTW
Treatment Plant.
                                   17

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§40L7

  (b) Revision of categorical Pretreat-
ment Standard* to reflect POTW pol-
lutant removal. Any POTW receiving
wastes  from  an  Industrial User  to
which  a  categorical  Pretreatment
Standard applies may. subject to the
conditions of  this section,  revise the
discharge   limits  for   a  specific
pollutanUs) covered in the categorical
Pretreatment  Standard applicable to
that User. Revisions will only be made
where the POTW demonstrates  Con-
sistent Removal of each pollutant for
which the discharge limit in a categor-
ical Pretreatment Standard is to be re-
vised at  a  level which justifies the
amount  of  revision to  the discharge
limit. In addition, revision of pollutant
discharge limits in categorical  Pre-
treatment Standards by a POTW may
only be made Provided that:
  (1) Application. The POTW applies
for.  and receives,  authorization  from
the Regional Administrator and/or Di-
rector to revise the discharge limits in
Pretreatment  Standards, for specific
pollutants, in accordance with the re-
quirements and  procedures  set out In
this section and 11403.9  and 403.11;
and
  (2)  POTW Pretreatment  Programs.
The POTW has a Pretreatment  Pro-
gram approved  in accordance  with
11403.8.  403.9. and 403.11;  Provided.
however, a POTW may conditionally
revise the discharge limits for specific
pollutants, even  though a  Pretreat-
ment Program has not been approved.
in accordance with the following terms
and  conditions.  These provision  also
govern the issuance of provisional au-
thorizations under 1403.7(dX2Xvii);
  (1) All Industrial Users who wish to
receive a conditional or provisional re-
vision  of  categorical  Pretreatment
Standards must  submit  to the POTW
the    information    required    in
§403.12(6X1) through (7)  pertaining
to the categorical Pretreatment Stand-
ard as modified  by the  conditional or
provisional removal allowance, except
that the compliance schedule required
by i 403.12(bM7) is not required where
a provisional allowance is  requested.
The submission shall indicate what ad-
ditional  technology, if any. will  be
needed to comply with the categorical
Pretreatment Standards as  revised by
the POTW;
   THto 40  Protection of Environment

  (11) The POTW must compile and
submit data demonstrating removal in
accordance with the  requirements of
paragraphs (dXl) through (7) of this
section. The POTW  shall submit to
the  Approval  Authority a  removal
report which comports with the signa-
tory and certification requirements of
i 403.12 (1) and  (m). This report shall
contain a certification by any of the
persons specified In { 403.12(1) or by
an independent engineer  containing
the following statement: "I have per-
sonally examined  •"**  am  familiar
with the information submitted in the
attached document, and I hereby cer-
tify under penalty of law that this in-
formation was obtained in accordance
with  the  .requirements of paragraph
(d) of this  section. Moreover,  based
upon my  inquiry of those individuals
immediately responsible for obtaining
the information reported herein. I be-
lieve that the submitted information is
true, accurate  and complete.  I am
aware that there are significant penal-
ties for submitting false information,
including  the possibility of fine and
imprisonment.";
  (Ill) The POTW must submit to the
Approval Authority an application for
Pretreatment program approval meet-
ing the requirements of SJ 403.8 and
403.9(a) or (b) in a timely manner, not
to exceed the time limitation set forth
in a compliance schedule for develop-
ment of a pretreatment program in-
cluded in the POTWs NPDES permit;
  (Iv) If a POTW grants conditional or
provisional revislon(s) and the Approv-
al Authority  subsequently  makes  a
final  determination, after notice and
an opportunity for a hearing, that the
POTW failed to comply with the con-
ditions in paragraphs  (b)(2Xii) or (ill)
of this section, or that its sludge use or
disposal practices are  not in compli-
ance with the provisions of paragraph
(b)(4) of this section, the revision shall
be terminated  by the  Approval Au-
thority and  all Industrial  Users to
whom the revised discharge limits had
been applied shall achieve compliance
with  the  applicable categorical  Pre-
treatment Standard(s)  within a  rea-
sonable time (not to exceed the period
of time prescribed in the applicable
categorical Pretreatment Standard(s))
as specified by the Approval Author-
                                    18

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        I — Environmental Protection Agoncy
itv  However, the revisions) shall not
be 'terminated where the POTW has
not made a timely application for pro-
jjjani approval if the POTW has made
demonstrable  progress  towards and
has demonstrated  and  continues  to
demonstrate an intention to submit an
aoprovable pretreatment program as
expeditiously as possible within an ad-
ditional period of time, not to exceed
one year, established by the Approval
Authority;   _
  (v) If a POTW grants conditional or
provisional revision(s) and the POTW
or Approval  Authority  subsequently
makes  a  final  determination,   after
notice and an opportunity for a hear-
ing. that the Industrial Userts)  failed
to comply with conditions in  para-
graph (b)(2)(i) of this section, includ-
ing in the case of  a conditional revi-
sion. the dates specified in the compli-
ance    schedule    required     by
] 403.12(b)<7), the revision shall be ter-
minated by the POTW or the Approv-
al Authority for the non-complying In-
dustrial Users and all non-complying
Industrial Users  to whom the revised
discharge limits had been applied shall
achieve  compliance with the applica-
ble      categorical      Pretreatment
Standard^)  within the  time period
specified  in  such  Standard(s).  The
revislon(s)  shall not be terminated
where a violation of the provisions of
this subparagraph results from causes
entirely outside of  the control of the
Industrial User or the Industrial User
has demonstrated substantial compli-
ance: and
   The POTW shall submit to the
Approval Authority by December 31 of
each year the name and address of
each Industrial User that has received
a conditionally or provisionally revised
discharge  limit.  If the  revised  dis-
charge limit is  revoked, the POTW
must submit the Information in para-
graph (b)(2)(i) above to  the Approval
Authority;
  (3)  Compensation  for   overflow.
POTW's which at least once annually
Overflow untreated wastewater  to re-
ceiving waters may claim Consistent
Removal of a pollutant  only by com-
plying with either paragraphs (b)(3)(l)
or 
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§403J

which an Overflow event was reason-
ably expected to occur; or
  (iiXA)   The   Consistent  Removal
claimed is reduced pursuant to the fol-
lowing equation:

                    8760-Z
                     8760
Where: 	
  r.-POTWs Consistent Removal rate for
   that pollutant at  established under
   paragraphs (aXl) and (dX2> of this sec-
   tion
  r.- removal corrected by the  Overflow
   factor
  Z- hours per year that Overflow occurred
   between the Industrial Userts) and the
   POTW Treatment  Plant,  the hours
   either to be shown in the POTWs cur-
   rent NPDES permit application or the
   hours, as demonstrated by  verifiable
   techniques, that a particular Industrial
   User's Discharge Overflows between the
   Industrial User and the POTW Treat-
   ment Plant: and

  (BXJ) After July  1. 1983. Consistent
Removal may be claimed only where
efforts to correct the conditions result-
ing In untreated Discharges by  the
POTW are underway  in  accordance
with  the policy and  procedures set
forth  in "FRM 75-34"  or  "Program
Guidance  Memorandum-61"   (same
document) published on December 16.
1975 by EPA Office of Water Program
Operations (WH-546). (See Appendix
A.) Revisions to discharge limits  in
categorical  Pretreatxnent  Standards
may not be made where efforts have
not been committed to by the POTW
to minimize pollution from Overflows.
At  minimum  by  July  1.  1983.  the
POTW must have completed the anal-
ysis  required by PRM 75-34 and  be
making an effort  to  Implement  the
plan.
  (2) If. by July 1.  1983. a POTW has
begun the PRM  75-34 analysis but due
to circumstances beyond  its control
has not completed  it. Consistent  Re-
moval, subject to the approval of the
Approval Authority, may continue to
be claimed according to the formula in
paragraph  (bX3Xli)(A) above so long
as the POTW acts in a timely fashion
to complete the analysis and makes an
effort to implement the non-structural
cost-effective measures  identified  by
   Title 40   Protection of Environment

the analysis: and so long as the POTW
has expressed its willingness to apply,
alter completing the analysis, for a
construction grant necessary to imple-
ment  any  other cost-effective Over-
flow controls identified in the analysis
should federal funds become available,
so applies for such funds, and proceeds
with the required construction in an
expeditious manner. In addition. Con-
sistent Removal may. subject to the
approval of the Approval Authority.
continue to be claimed  according to
the formula in paragraph (bX3XilXA)
above where the POTW has completed
and, the Approval Authority has  ac-
cepted the analysis required by PRM
75-34 and the POTW has requested in-
clusion In its NPDES permit of an ac-
ceptable compliance schedule  provid-
ing for timely implementation of cost-
effective measures  identified  in the
analysis.  (In  considering  what   is
timely implementation,  the Approval
Authority shall consider the availabil-
ity of  funds, cost of control measures,
and seriousness  of the water  quality
problem.); and
  (4)   Compliance  with applicable
sludge  requirements. Such revision will
not contribute to the POTWs  inabil-
ity to  comply  with its NPDES permit
or with the following statutory provi-
sions and regulations or permits issued
thereunder (or more stringent State 01
local regulations) as they apply to th«
sludge   management  methods  beini
used: section 405 of the  Clean  Water
Act; the  Solid  Waste  Disposal  Act
(SWDA) (including Title H. more com-
monly  referred  to as the Resource
Conservation  Recovery  Act (RCRA)
and  Including State regulations con-
tained  in any State sludge manage-
ment plan  prepared pursuant to Sub-
title D of SWDA)). the Clean Air Act
and the Toxic Substances Control Act
The POTW  will be  authorized  to
revise  discharge limits only for those
pollutants  that do not  contribute to
the violation of its NPDES permit or
any of  the above statutes.
  (c) POTW application for authoriza-
tion to revise discharge limits. (1) Ap-
plication for  authorization to revise
discharge limits for Industrial Users
who are or in the future may  be sub-
ject    to   categorical   Pretreatment
Standards, or approval  of. discharge
                                    20

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Chop**' I—Environmental Protection Agoney

limits conditionally or provisionally re-
vised  for Industrial Users  by  the
POTW pursuant to paragraphs (b)(2)
and (d)(2)(vii) shall  be  submitted by
the POTW to the Approval Authority.
  (2) Each POTW may submit such an
application no  more than once per
year with respect to either
  (1)  Any  categorical  Pretreatment
Standard promulgated in the  prior 18
months:
  (ii) Any new or modified facilities or
production changes  resulting in the
Discharge of pollutants which  were
not previously discharged and which
are subject to promulgated categorical
Standards; or
  (ill) Any significant increase in Re-
moval efficiency attributable to specif-
ic identifiable circumstances or correc-
tive measures (such  as improvements
in operation and  maintenance  prac-
tices, new treatment or  treatment ca-
pacity, or a  significant change in the
influent  to  the  POTW Treatment
Plant).
  (3) The Approval Authority  may.
however,  elect  not  to   review  such
appUcatlon(s) upon receipt, in which
case the POTWs conditionally or pro-
visionally revised discharge limits will
remain in effect until reviewed by the
Approval Authority.  This review may
occur at  any time  in accordance with
the procedures  of  {403.11. but in no
event later than the time of any pre-
treatment program  approval or any
NPDES permit reissuance thereafter.
  (4)  If  the  Consistent  Removal
claimed is based on an analytical tech-
nique other  than the technique speci-
fied for the applicable categorical Pre-
treatment Standard,  the Approval Au-
thority may require the POTW  per-
form additional analyses.
  (d) Contents of application to revise
discharge limits. Requests for authori-
zation to revise discharge limits in cat-
egorical Pretreatment Standards must
be supported by the following infor-
mation:
  U> List of pollutants. A list of pollut-
ants for which discharge limit revi-
siona are proposed.
  <2) Consistent Removal data. Influ-
ent and effluent operational data dem-
onstrating  Consistent  Removal  or
other information, as provided for in
paragraph (a)(2) of this section, which
                             §403.7
demonstrates  Consistent  Removal  of
the  pollutants  for  which  discharge
limit revisions are proposed. This data
shall meet the following requirements:
  (1)  Representative  data:  Seasonal
The data shall be representative  of
yearly  and  seasonal conditions  to
which the POTW is subjected for each
pollutant for which a discharge limit
revision is proposed.
  (11) Representative data: Quality and
quantity. The data shall be  represent-
ative  of  the quality  and  quantity  of
normal  effluent and  influent flow if
such  data can be  obtained. If such
data are 'Unobtainable, alternate data
or information may be presented for
approval  to demonstrate Consistent
Removal as provided for in paragraph
(a)(2) of this section.
  (ill) Sampling procedures: Compos-
ite. (A)  The  influent and effluent
operational data shall  be  obtained
through   24-hour  flow-proportional
composite samples.  Sampling may  be
done  finft^tiaiiy or automatically, and
discretely or  continuously.  For dis-
crete  sampling, at least  12 aliquots
shall be composited. Discrete sampling
may  be  flow-proportioned  either  by
varying  the  time  interval between
each aliquot or the volume of each ali-
quot.  All composites must be flow-pro-
portional to either stream flow at time
of collection of Influent aliquot or to
the total influent flow since the previ-
ous influent aliquot. Volatile pollutant
allquots must be combined in the labo-
ratory immediately before analysis.
  (B)U> Twelve samples shall be taken
at  approximately   equal   Intervals
throughout one  full year.  Sampling
must  be evenly distributed over the
days of the week so as to  include non-
workdays as well as workdays. If the
Approval Authority determines  that
this schedule  will not be  most repre-
sentattve  of the actual operation  of
the POTW Treatment Plant, an alter-
native sampling schedule will  be  ap-
proved.
  (2)  In  addition, upon the Approval
Authority's  concurrence,  a  POTW
may  utilize an historical data base
amassed  prior to the  effective date of
this section provided that such data
otherwise meet the  requirements  of
this paragraph. In  order  for the his-
torical data base to  be  approved it
                                   21

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                                         Till* 40— 'Protection of Environment
must present a statistically  valid de-
scription of daily, weekly and seasonal
sewage  treatment plant loadings and
performance for at least one year.
  (C) Effluent sample collection need
not be delayed to compensate for hy-
draulic  detention unless the POTW
elects to include detention time com-
pensation or unless the Approval Au-
thority  requires detention time com-
pensation.  The  Approval Authority
may require that each effluent sample
be taken approximately one detention
time later than the corresponding in-
fluent sample when  failure  to do so
would result In  an  unrepresentative
portrayal of  actual POTW operation.
The detention period  is to be based on
a 24-hour  average daily flow value.
The average daily  flow used will be
based upon the average of the daily
flows during the same month of  the
previous year.
  (iv)  Sampling  procedures.*  Grab.
Where composite sampling is not an
appropriate  sampling  technique,  a
grab sampleCa) shall be taken  to obtain
influent and effluent operational data.
Collection  of influent grab samples
should preceed collection of effluent
samples by approximately one deten-
tion period. The detention period is to
be based on a 24-hour average daily
flow value. The average  daily flow
used will be based upon the avenge of
the daily flows during the same month
of the  previous  year. Grab samples
will  be  required, for  example, where
the  parameters being evaluated  are
those,  such  as  cyanide and phenol,
which may not be held for any  ex-
tended  period  because of biological.
chemical  or  physical   interactions
which take place after sample collec-
tion and affect the  results. A grab
sample is an individual sample collect-
ed over a period of time not exceeding
15 minutes.
  (v)  Analytical  methods. The sam-
pling  referred   to   in  paragraphs
(dX2Xi) through (iv) and (d)(S> of this
section and an analysis of these sam-
ples shall be performed in accordance
with the techniques  prescribed in 40
CPR Part 136 and amendments there-
to. Where 40 CFR Part 136  does  not
contain  sampling or  analytical tech-
niques for the pollutant in question, or
where the Administrator determines
that the Part 136 sampling and analyt-
ical  techniques are inappropriate for
the  pollutant In question, sampling
and  analysis shall be performed using
validated analytical methods or any
other applicable sampling and analyti-
cal procedures, including procedures
suggested by the POTW or other par-
ties,  approved by the Administrator.
  (vi> Calculation of removal. All data
acquired under the provisions of this
section must be submitted to the Ap-
proval Authority. Removal for a spe-
cific  pollutant shall  be determined
either, for each sample, by measuring
the difference between the concentra-
tions of the pollutant in the influent
and  effluent  of  the POTW and ex-
pressing the difference as a percent of
the  influent concentration, or. where
such data cannot be obtained. Remov-
al may be  demonstrated using  other
data or procedures subject to concur-
rence by the  Approval  Authority  as
provided for  in  paragraph (a)<2)  of
this section.
  (vii) Exception to sampling data re-
yuii'ement:  provisional removal dem-
onstration.  For pollutants which are
not currently being discharged (new or
modified  facilities,   or  production
changes) application may be made by
the POTW for provisional authoriza-
tion  to revise the applicable categori-
cal Pretreatment Standard  prior  to
initial discharge of  the pollutant. Con-
sistent Removal may  be  based provi-
sionally on data from treatability stud-
ies or demonstrated removal  at  other
treatment facilities where the quality
and quantity of influent are similar. In
calculating and applying for provision-
al removal  allowances,  the  POTW
must comply with  the provisions  of
paragraphs (b)(l) through (4) of this
section. Within 18 months after the
commencement of  Discharge of the
pollutants in question. Consistent Re-
moval must be demonstrated pursuant
to the  requirements  of paragraph]
(a)(2) and (d)(2)(i) through (vi) of this
section.
  (3)  List of industrial subcategoria.
A list of the Industrial subcategoria
for which discharge limits in categori-
cal Pretreatment Standards will be re-
vised. including the number of Indus-
trial Users  in  each such subcategon
and  an Identification of which of the
                                    22

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Chapter I—Environmental Protection Agency

nollutants on the list prepared under
{jaragraph (d)U) of this section are
Discharged by each subcategory.
  (4) Calculation of revised, discharge
limits.   Proposed  revised  discharge
limits for each of the subcategortes  of
Industrial Users identified in  para-
graph (d)(3) of  this section calculated
in the following manner.
  (i) The  proposed revised  discharge
limit for a specified pollutant shall be
derived by use of the following formu-
la:
                              §403.7
where:
 x.pollutant discharge limit specified in
   the applicable categorical Pretreatment
   Standard
 r-POTWs Consistent Removal rate (or
   that  pollutant  as  established  under
   paragraphs (aX2), (dX2) and. if appro-
   priate. (bXSXUKA) of this section, (per-
   centage expressed as a decimal)
 Y- revised discharged limit for the speci-
   fied pollutant (expressed in same units
   MX)
 (11) In calculating revised discharge
limits, such revision for  POTW Re-
moval of a specified pollutant shall be
applied equally to all existing and new
Industrial Users in an industrial sub-
category subject  to  categorical Pre-
treatment Standards which Discharge
that pollutant to the POTW.
 (5) Data  on sludge characteristics.
Data showing the concentrations and
amounts in the POTW's sludge of the
pollutants for which discharge  limit
revisions are proposed and for which
EPA. the State or locality have pub-
lished sludge disposal or  use criteria
applicable to  the  POTWs  current
method  of  sludge  use  or  disposal.
These data shall meet the following
requirements.
 (i) The  data  shall  be  obtained
through  a  composite  sample taken
during the same sampling periods se-
lected to measure Consistent POTW
Removals in accordance with the re-
quirements of paragraph (d)<2) of this
section.  Each  composite sample  will
contain a minimum of 12 discrete sam-
ples taken at equal time intervals over
a 24 hour period. Where a composite
sample is not an appropriate sampling
technique,  grab  samples   shall  be
taken.
  (ii) Sampling and analysis  of the
samples  referred  to  in  paragraph
(d)(5)(l) of this section shall be per-
formed in accordance  with  the sam-
pling and  analytical  techniques de-
scribed   previously   in  paragraph
(d)(2)(v) of this section.
  (6) Description of sludge manage-
ment.  A  specific description  of the
POTW's  current  methods of  use or
disposal of its sludge and data demon-
strating that the current sludge use or
disposal methods comply and will con-
tinue to comply with the requirements
of paragraph (b)(4) of this section.
  (7) Certification statement. The cer-
tification statement required by para-
graph (b)(2)(ii) of this  section  stating
that the pollutant Removals and asso-
ciated revised  discharged limits have
been or will be calculated in accord-
ance with this  regulation  and  any
guidelines issued by EPA under Sec-
tion 304(g) of the Act.
  (e) Procedure for authorizing modifi-
cation  of standards. (1) Application
for  authorization to revise  National
Pretreatment Standards shall comply
with S 403.9
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§40&7

pretreatment  program  approval  or
NPDES permit reissuance thereafter,
authorize the POTW to revise Indus-
trial User discharge limits, as submit-
ted pursuant  to  paragraph  (d)(4) of
this section, which comply  with the
provisions of this section.
  (4) Nothing in these regulations pre-
cludes an Industrial User or other in-
terested  party  from  assisting  the
POTW in  preparing and presenting
the information necessary to apply for
authorization to revise categorical Pre-
treatment Standards.
  (f) Continuation  and withdrawal of
authorization-41) Monitoring and re-
porting of consistent removal Follow-
ing authorization  to revise the  di*r'
charge limits In Pretreatment Stand-
ards,  the POTW  shall continue  to
monitor  and report on (at such fre-
quencies and  over such  intervals as
may be specified by the Regional Ad-
ministrator, but in no case leas  than
two times per year) the POTWs Re-
moval capabilities  for  all pollutants
for  which  authority  to  revise  the
Standards was granted. Such monitor-
ing and reporting shall be in accord*
ance with } 403.12 (i) and (j) pertain-
ing to pollutant removal capability re-
ports.
  (2)  Re-evaluation of revisions.  Ap-
proval of authority to revise Pretreat-
ment Standards will be re-examined
whenever the POTWs NPDES Permit
is reissued,  unless the Regional Ad-
ministrator determines the need to re-
evaluate the  authority pursuant  to
paragraph  (fXS)  of this section.  In
order  to maintain a  removal allow-
ance, the POTW must comply with all
Federal. State and local statutes, regu-
lations and  permits applicable to the
POTWs selected method of sludge use
or disposal.  In addition, where Over-
flows  of untreated waste  by  the
POTW continue to occur the Regional
Administrator may  condition contin-
ued authorization to revise discharge
limits upon the POTW performing ad-
ditional analysis and/or implementing
additional control measures as is con-
sistent  with EPA  policy  on POTW
Overflows.
  (3) Inclusion in POTW permit. Once
authority to revise discharge limits for
a specified pollutant is granted, the re-
vised discharge limits  for  Industrial
   Title 40—Protection of Environment

Users of the system as well as the Con.
slstent Removal documented by the
POTW  for  that pollutant  and  the
other requirements of paragraph (t»
of this section, shall be included in the
POTW's NPDES Permit upon the ear-
liest reissuance or  modification (at or
following Program approval) and shall
become  enforceable  requirements  of
the POTWs NPDES Permit.
  (4) EPA review of state removal al-
lowance approvals. Where the NPDES
State has an  approved pretreatment
program, the Regional Administrator
may agree, in the Memorandum  of
Agreement under  40 CFR 123.7.  to
waive the right to review and object to
Submissions for authority to revise
discharge  limits under this  section.
Such an  agreement shall not restrict
the Regional  Administrator's right to
comment upon or object to  permits
issued to POTWs except to the extent
permitted     under     40     CFR
123.7(b)(3Xi)(D).
  (5) Modification or withdrawal of re-
vised limits-il) Notice to POTW. The
Approval Authority shall notify the
POTW if. on the basis of pollutant re-
moval capability reports received pur-
suant to  paragraph (f)(l) of this sec-
tion or other  information available to
It. the Approval Authority determines:
  (A) That one  or more of the dis-
charge limit  revisions made  by the
POTW. or the POTW Itself, no longer
meets the requirements of this section,
or
  (B) That such discharge limit  revi-
sions are causing or significantly con-
tributing to a violation of any condi-
tions or  limits  contained  in  the
POTWs NPDES Permit. A revised dis-
charge limit is significantly contribut-
ing  to a violation of  the  POTWi
permit If It satisfies the definition set
forth in § 40.33 (1) or (n).
  (11) Corrective action. If appropriate
corrective action is not taken within i
reasonable time, not to exceed 60 days
unless the POTW or the affected In-
dustrial  Users demonstrate  that i
longer time period is reasonably neces-
sary to undertake the appropriate cor-
rective action, the Approval Authority
shall either withdraw such discharge
limits or require modifications in the
revised discharge limits.
                                    24

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I—Environmental Protection Agency
                                                                  §403.8
  (ill) Public notice of withdrawal or
modification. The Approval Authority
shall not withdraw or modify revised
discharge limits  unless  it shall  first
have notified the POTW and  all In-
dustrial Users to whom revised  dis-
charge limits have been applied,  and
made public, in  writing, the reasons
for such withdrawal or  modification.
and an opportunity is provided for a
hearing.  Following  such notice  and
withdrawal  or modification, all Indus-
trial  Users to whom revised discharge
limits had been applied,  shall be sub-
ject to the modified discharge limits or
the discharge limits prescribed in the
applicable  categorical  Pretreatment
Standards,  as appropriate, and shall
achieve  compliance  with such limits
within a  reasonable time  (not  to
exceed the period of time prescribed in
the  applicable  categorical  Pretreat-
ment Standard(s) as may be  specified
by the Approval Authority.
  (g)  Removal allowances in State-run
pretreatment     programs     under
$403.1(X.e).  Where  an NPDES  State
with  an approved  pretreatment pro-
gram elects to implement a local pre-
treatment program in lieu of requiring
the POTW to develop such a program
(see  i 403.10(e)) the POTW shall nev-
ertheless be responsible  for demon-
strating Consistent Removal asprpvid-
ed for in this section. The POTW will
not, however, be required to develop a
pretreatment program as a precondi-
tion  to obtaining approval of the al-
lowance  as  required by  paragraph
(b)(2) of this section. Instead, before a
removal allowance is approved,  the
State will be required to demonstrate
that sufficient technical personnel and
resources are available to ensure that
modified discharge limits are correctly
applied  to  affected  Users and  that
Consistent Removal is maintained.

9 40X8 POTW pretremtment program* de-
   velopment by POTW.
  (a)  POTW's required to develop a
pretreatment program. Any POTW (of
combination of POTW's operated by
the  same  authority) with  a  total
design How greater than 5 million gal-
lons per day (mgd) and receiving from
industrial Users pollutants which Pass
Through or  Interfere with the oper-
ation of the POTW or are otherwise
                             subject  to  Pretreatment  Standards
                             will be required to establish a POTW
                             Pretreatment   Program  unless  the
                             NPDES  State  exercises its  option  to
                             assume local responsibilities as provid-
                             ed for in i 403.10(e). The Regional Ad-
                             ministrator  or Director may  require
                             that a POTW with a design flow of 5
                             mgd or less develop a POTW Pretreat-
                             ment Program if he or she finds that
                             the nature or volume of the industrial
                             influent, treatment process upsets, vio-
                             lations of POTW effluent limitations.
                             contamination of municipal sludge,  or
                             other circumstances warrant in  order
                             to  prevent  Interference  with  the
                             POTW or Pass Through, In addition.
                             any POTW desiring to modify categor-
                             ical' Pretreatment Standards for pol-
                             lutants Removed  by the  POTW (as
                             provided for by 8 403.7) must have an
                             approved POTW  Pretreatment  Pro-
                             gram prior to obtaining final approval
                             of a removal allowance. POTW's may
                             receive conditional approval of  a re-
                             moval allowance,  as  provided  for by
                             S 403.7(b)(2). prior to obtaining POTW
                             Pretreatment  Program Approval.  A
                             POTW may receive } 403.7(g) author-
                             ity to revise Pretreatment Standards
                             without  being  required to develop a
                             POTW Pretreatment Program  where
                             the NPDES State has assumed respon-
                             sibility for running a local program  in
                             lieu of the POTW in accordance with
                             § 403.10(e).
                               (b)  Deadline for Program  approval
                             A POTW which meets the criteria  of
                             paragraph (a) of this section must re-
                             ceive  approval  of  a POTW Pretreat-
                             ment Program no later than 3 years
                             after the reissuance or modification  of
                             its existing NPDES permit but in no
                             case later than July 1. 1983. POTW's
                             whose NPDES permits are modified
                             under section  301(h) of the Act shall
                             have a Pretreatment Program within
                             less than 3 years as provided for in 40
                             CFR  Part 125. Subpart  G (44 FR
                             34783  (1979)).  The POTW  Pretreat-
                             ment  Program shall meet the criteria
                             set forth in  paragraph (f) of this sec-
                             tion and will be administered  by the
                             POTW to ensure compliance by Indus-
                             trial Users with  applicable  Pretreat-
                             ment Standards and Requirements.
                               (c) /ncorporotton of approved  pro-
                             grams in permits. A POTW may devel-
                             op an approvable POTW Pretreatment
                           25

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§403.8

Program any time  before  the  time
limit set forth in paragraph (b) of this
section. If (1) the POTW is located in
a State which has an approved State
permit program under section 402 of
the Act and an approved State pre-
treatment program in accordance with
8 403.10: or (2) the POTW is located in
a State which does not have  an ap-
proved permit program under section
402 of the Act: the POTW's NPDES
Permit will be reissued or modified by
the NPDEs State or EPA. respectively.
to incorporate the approved Program
conditions as enforceable conditions of
the Permit If the POTW is located in
an NPDES State which does not have
an approved State  pretreatment pro-.
gram, the approved POTW Pretreat-
ment Program shall be incorporated
Into the POTWs  NPDES Permit as
provided for in 8 403.1(Xd).
  (d)  Incorporation  of  compliance
schedules  in permits.  If  the  POTW
does not have  an  approved Pretreat-
ment  Program  at  the  time   the
POTWs existing Permit is reissued or
modified,  the  reissued  or  modified
Permit will  contain the shortest rea-
sonable compliance schedule,  not to
exceed three years or  July  1. 1983.
whichever is sooner, for the approval
of the legal  authority, procedures and
funding required by paragraph (f) of
this section.  Where the POTW is lo-
cated in an  NPDES State currently
without authority to require a POTW
Pretreatment Program, the  Permit
shall incorporate a modification or ter-
mination clause as provided   for  in
1403.1(Kd) and the  compliance sched-
ule shall  be incorporated when  the
Permit is modified or reissued  pursu-
ant to such clause.
  (e) Cause for reisauance or modifica-
tion of Permits. Under  the authority
of section 402(b)(l)(C) of the Act. the
Approval Authority may modify, or al-
ternatively,   revoke  and  reissue  a
POTWs Permit in order to:
  (1) Put the POTW on a compliance
schedule for the  development of a
POTW Pretreatment Program  where
the  addition  of pollutants  into a
POTW by an Industrial User or com-
bination of Industrial Users presents a
substantial hazard to the functioning
of the treatment works, quality of the
   Title 40—Protection of Environment

receiving waters, human health, or the
environment;
  (2) Coordinate the issuance of a sec-
tion 201 construction grant with the
incorporation into a permit of a com-
pliance  schedule for  POTW Pretreat-
ment Program:
  (3) Incorporate a modification of the
permit approved under sections 301(h)
or 301(1) of the Act;
  (4) Incorporate an approved POTW
Pretreatment Program in the POTW
permit; or
  (5) Incorporate a compliance sched-
ule for  the development of a POTW
pretreatment program in the POTW
permit  	
  (f) POTW pretreatment proffram re-
quirement*.  A  POTW Pretreatment
Program shall meet the following re-
quirements:                     	
  (1)  Legal authority.  The  POTW
shall operate pursuant to legal author-
ity enforceable in Federal. State or
local courts, which authorizes or en-
ables the POTW to apply  and to en-
force the requirements of sections 307
(b) and  (c). and 402(b)(8) of  the Act
and  any  regulations  implementing
those sections. Such authority may be
contained in a  statute, ordinance, or
series of  contracts  or Joint  powers
agreements which the POTW is au-
thorized to enact enter into or imple-
ment, and which are  authorized by
State law. At a mtnimmn,  this legal
authority shall enable the POTW to:
  (1)  Deny or condition new or in-
creased contributions of pollutants, or
changes in the nature of pollutants, to
the POTW by Industrial Users where
such contributions do  not meet appli-
cable Pretreatment Standards  and Re-
quirements or where such contribu-
tlons would cause the POTW to vio-
late its NPDES permit:
  
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Chapter I—Environmental Protection Agency

pretreatmeat Standards and Require-
ments and (B)  the submission  of all
notices  and  self-monitoring reports
from Industrial  Users as are necessary
to assess and assure compliance by In-
dustrial   Users  with   Pretreatment
Standards and  Requirements, includ-
ing  but  not limited to the reports re-
quired in S 403.1%
  (v) Carry out  all inspection, surveil-
lance and  monitoring procedures nec-
essary to  determine, independent  of
information  supplied  by Industrial
Users, compliance or noncompliance
with applicable Pretreatment Stand-
ards and Requirements by Industrial
Users. Representatives  of the POTW
shall be  authorized to enter any  prem-
ises of any Industrial User in which a
Discharge  source or treatment system
is located  or in which records are re-
quired to be kept under } 403.12(m> to
assure compliance with Pretreatment
Standards. Such authority shall be at
least as extensive as the authority pro-
vided under section 308 of the Act:
  (viXA) Obtain remedies for noncom-
pliance  by any Industrial User with
any Pretreatment  Standard  and Re-
quirement All POTWs shall be able
to seek injuctive relief for noncompli-
ance by Industrial Users with Pre-
treatment  Standards  and  Require-
ments. In  cases where  State law has
authorized the municipality or POTW
to pass ordinances or other local legis-
lation, the POTW shall exercise such
authorities in passing  legislation  to
seek and assess civil or criminal penal-
ties for  noncompliance by Industrial
Users with Pretreatment Standards
and Requirements.  POTWs without
such authorities shall enter Into con-
tracts with Industrial Users to assure
compliance by Industrial Users with
Pretreatment  Standards and  Require-
ments. An adequate contract will pro-
vide for  liquidated damages for  viola-
tion of  Pretreatment Standards and
Requirements  and  will  include  an
agreement by the  Industrial User  to
submit to  the remedy of specific per-
formance for breach of contract.
  (B)   Pretreatment   Requirements
which will be enforced through the
remedies  set   forth  in  paragraph
 fHIXviXA) will include but not be
limited to. the duty to  allow or  carry
out inspections, entry,  or monitoring
                             §403.8
activities; any rules,  regulations,  or
orders issued by the POTW: or any re-
porting requirements imposed by the
POTW  or   these  regulations.  The
POTW shall have authority and pro-
cedures (after informal notice  to the
discharger) immediately and effective-
ly to halt or prevent any Discharge of
pollutants to the POTW which reason-
ably appears to present  an imminent
endangerment to the  health or wel-
fare of persons. The POTW shall also
have authority and procedures (which
shall include notice to the affected In-
dustrial Users and an  opportunity  to
respond) to halt  or  prevent any Dis-
charge to the POTW  which presents
or may present an endangerment  to
the 'environment or which threatens
to interfere with  the operation of the
POTW. The Approval Authority shall
have authority to seek judicial relief
for noncompliance by Industrial Users
when  the POTW has acted to seek
such relief but has sought a penalty
which  the Approval Authority finds to
be  insufficient.  The procedures  for
notice   to  dischargers   where  the
POTW is seeking ex parte temporary
judicial injunctive relief will be gov-
erned  by applicable state or  federal
law and not by this provision: and
  
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§403.9

204(t» and 405 of the Act and Subti-
tles C and D of the Resource Conser-
vation and Recovery Act.
  (iv) Receive and analyze self-moni-
toring reports and other notices sub-
mitted by Industrial Users in accord-
ance with the self-monitoring require-
ments in { 403.12;
  (v)  Randomly sample and analyze
the effluent from Industrial Users and
conduct surveillance and inspection ac-
tivities in order to identify, independ-
ent of information supplied by Indus-
trial Users, occasional and continuing
noncompliance  with  Pretreatment
Standards. The results of these activi-
ties shall be made available to the Re-
gional Administrator or Director upon
request;
  (vl) Investigate instances of noncom-
pliance with Pretreatment Standards
and Requirements, as indicated in the
reports and  notices required under
1403.12, or indicated by  analysis. In-
spection, and surveillance activities de-
scribed in paragraph (f)(2)(v) of this
section. Sample taking  and analysis
and  the collection of  other informa-
tion shall be performed with sufficient
care to produce evidence admissible in
enforcement proceedings or in judicial
actions: and
  (vil) Comply with the public partlci-
pation requirements of 40  CFR  Part
25 In the enforcement of National Pre-
treatment  Standards.  These  proce-
dures shall include provision  for  at
least annually providing public notifi-
cation, in the largest daily newspaper
published in the municipality in which
the POTW is located, of  Industrial
Users which, during the previous  12
months,  were  significantly  violating
applicable Pretreatment Standards  or
other  Pretreatment  Requirements,
For the purposes  of this provision, a
significant violation is  a  violation
which remains  uncorrected 45  days
after  notification  of noncompliance:
which is part of a pattern of noncom-
pliance over  a twelve month period:
which involves a failure to accurately
report noncompliance: or which result-
ed in the POTW exercising its emer-
gency   authority  under  paragraph
(fXIXivKB).
  (3) Funding. The POTW shall have
sufficient resources and qualified per-
sonnel to carry out the authorities and
   Till* 40—Protection of Environment

procedures described in paragraphs (f)
(1) and (2) of this section. In some lim-
ited circumstances, funding and per-
sonnel may be delayed  where (1) the
POTW has adequate legal  authority
and procedures to carry out the Pre-
treatment Program  requirements de-
scribed in this section, and (11) a limit-
ed  aspect of  the Program  does not
need to  be implemented immediately
(see | 403.9(b)).

9403.9 POTW   pretreatment  program*
    and/or authorization  to reris* pre-
    treatment  standards:  submission  for
    approval.
  (a) Who approves Program. A POTW
requesting approval of a POTW Pre-
treatment Program  shall develop  a
program  description  which  Includes
the  information  set forth  in  para-
graphs (bXl) through (4) of this sec-
tion. This description shall be submit-
ted to the Approval Authority which
will  make a determination on the re-
quest for program approval in accord-
ance with the procedures described in
§ 403.11.
  (b) Contents of POTW program sub-
mission.  The  program  description
must contain the following informa-
tion:
  (1) A statement from the City Solici-
tor or a city official acting in a compa-
rable capacity (or the attorney for
those POTWa which have independ-
ent legal counsel) that the POTW has
authority adequate to carry out the
programs described  in  i 403.8. This
statement shall:
  (i) Identify the provision of the legal
authority  under   S403.8(f)(l>  which
provides the  basis for each procedure
under 1403.8(1X2):
  (11) Identify the manner  in  which
the  POTW will  Implement  the  pro-
gram requirements set forth in § 403.8.
including the means by  which Pre-
treatment Standards will be applied to
individual  Industrial  Users  (e.g..  by
order, permit, ordinance,  contract
etc.): and.
  (ill) Identify how the POTW intends
to ensure compliance with  Pretreat-
ment  Standards  and  Requirements.
and  to enforce them In the event of
noncompliance by Industrial Users:
                                    28

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Chapter I—Environmental Protection Agoncy

  (2) A copy  of  any statutes, ordi-
nances,  regulations, contracts, agree-
ments,  or  other  authorities relied
upon by the POTW for its administra-
tion of the Program. This Submission
shall  include a statement  reflecting
the endorsement  or approval  of  the
local boards  or bodies responsible for
supervising and/or funding the POTW
Pretreatment Program if approved:
  (3) A brief description (including or-
ganization charts) of the POTW orga-
nization which will administer  the
Pretreatment Program. If  more than
one agency is responsible for adminls-
tration of the Program the responsible
agencies should be identified, their re-
spective  responsibilities   delineated.
and their procedures for coordination
set forth: and
  (4)  A description of  the funding
levels and full- and part-time manpow-
er available  to implement the  Pro-
                             §403.9
gram;
  (c) Conditional POTW program ap-
proval The POTW may request condi-
tional approval of the Pretreatment
Program  pending the acquisition  of
funding and personnel for certain ele-
ments of the Program. The request for
conditional approval must meet the re-
quirements set forth in paragraph (b)
of this section except that the require-
ments  of  paragraph  (b) may be re-
laxed if the Submission demonstrates
that
  (1) A limited aspect of the Program
does not need to be Implemented im-
mediately;
  (2) The  POTW  had adequate legal
authority and procedures to carry out
those aspects of the Program which
will not be implemented Immediately;
and
  (3) Funding and personnel for the
Program aspects to be implemented at
a later date will  be available when
needed. The POTW will describe  in
the Submission  the  mechanism by
which this funding will be acquired.
Upon receipt of a request for condi-
tional approval, the Approval Author-
ity will establish a fixed date for the
acquisition of the needed funding and
S*™?nn*L M funding is not acquired
°-( ,thta *£*•*"« conditional approval
of the POTW Pretreatment Program
and any removal  allowances granted
to the  POTW,  may be modified  or
withdrawn.
  (d) Content of removal allowance
submission. The request for authority
to  revise   categorical  Pretreatment
Standards must contain the informa-
tion required in § 403.7.
  (e) Approval authority action.  Any
POTW  requesting POTW Pretreat-
ment Program approval shall submit
to  the  Approval  Authority  three
copies of the Submission described in
paragraph (b). and, if appropriate, (d)
of this section. Upon a preliminary de-
termination  that   the  Submission
meets the requirements of paragraph
(b) and. if appropriate, (d),  of this sec-
tion, the Approval Authority shall:
  (1) Notify the POTW  that the Sub-
mission has been received and is under
review, and
  (2) Commence the public notice and
evaluation   activities set  forth   in
S 403.11.
  (f) Notification where submission is
defective. If. after review of the Sub-
mission as  provided for in paragraph
(e) of this section, the  Approval Au-
thority  determines that the  Submis-
sion  does not comply with the require-
ments of paragraphs (b) or (c), and. if
appropriate, (d), of this section, the
Approval   Authority shall  provide
notice  in  writing  to  the applying
POTW and each person who has re-
quested individual notice. This notifi-
cation shall identify any defects in the
Submission and advise the POTW and
each person who has requested indi-
vidual notice of the means by which
the POTW can comply with the appli-
cable requirements of paragraphs (b).
(c), and. if appropriate, (d) of this sec-
tion.
  (g) Consistency with  water quality
management plans. (1) In order to be
approved  the  POTW  Pretreatment
Program shall be consistent with any
approved water  quality management
plan developed in accordance with 40
CFR Parts  130, 13 i. as revised, where
such 208 plan  includes Management
Agency  designations and  addresses
Pretreatment in a manner consistent
with 40 CFR Part 403. In order  to
assure such consistency the Approval
Authority shall solicit the review and
comment of the  appropriate 208 Plan-
ning Agency during the public  com-
                                  29

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§403.10

ment   period   provided   for   in
$ 403.11(b)(l)(ii) prior to approval or
disapproval of the Program.
  (2) Where no 208 plan has been ap-
proved or where a plan has been ap-
proved but lacks Management Agency
designations and/or does not address
pretreatment  in  a  manner consistent
with this regulation, the Approval Au-
thority  shall  nevertheless solicit  the
review and comment of the appropri-
ate 208 planning agency.

9403.10  Development and •ubmtMion of
    NPDES State pretreatment program.
  (a) Approval of State Program*. No
State NPDES program shall be  ap-
proved under section 402  of the  Act
after the effective date of these regu-
lations unless it  is determined to meet
the requirements of paragraph (f) of
this section. Notwithstanding   any
other provision  of  this regulation, a
State will be required  to act  upon
those authorities which  it currently
possesses  before the  approval  of a
State Pretreatment Program.
  (b) Deadline for requesting approval.
Any NPDES State with a permit pro-
gram approved  under section 402 of
the Act prior to December 27.  1977.
which  requires  modification to  con-
form to the requirements set forth in
paragraph (f) of this section will be re-
quired to submit a request for approv-
al of a modified program  (hereafter
State Pretreatment Program approv-
al) by  March  27. 1979  unless  an
NPDES State must amend or enact a
law to make required modifications, in
which case the NPDES State shall re-
quest State Pretreatment Program ap-
proval by March 27.1980.
  (c) Failure to request approval The
EPA shall  exercise  the  authorities
available to It to apply and enforce
Pretreatment Standards and Require-
ments until the  necessary  Implement-
ing action is taken  by the State. Fail-
ure of a State to seek approval of a
State Pretreatment Program as  pro-
vided for in paragraph (b) and failure
of an approved State to administer its
State Pretreatment Program in  ac-
cordance  with  the requirements  of
this section  constitutes grounds  for
withdrawal of NPDES  program  ap-
proval  under section 402(c)(3) of  the
Act.
   Title 40  Protection of Environment

  (d) Modification clause in POTW
permits prior to submission deadline.
(1) Before the submission deadline for
State Pretreatment Program approval
set forth  in paragraph (b) of this sec-
tion. any  Permit  issued to a POTW
which  meets  the  requirements  of
§ 403.8(a) by an NPDES State without
an approved State pretreatment pro-
gram  shall  Include  a  modification
clause.  This clause will require that
such Permits be promptly modified or.
alternatively, revoked  and  reissued
after  the  submission  deadline  for
State Pretreatment Program approval
set forth in (b) of this section to incor-
porate into the POTWs Permit an ap-
proved  POTW Pretreatment Program
or a compliance schedule for the  de-
velopment of a POTW Pretreatment
Program  according  to  the require-
ments  of  Si 403.8 (b)  and  (d)  and
403.12(h).  The following  language is
an acceptable clause for the purposes
of this paragraph:

  This permit shall be modified, or altema-
lively, revoked and reissued, by September
27.1979 (or September 37.1980. as appropri-
ate) to incorporate an approved POTW Pre-
treatment Program or a compliance sched-
ale for the development of a POTW Pre-
treatment Program ai required under sec-
tion 402(bX8)  of the Clean Water Act and
implementing regulations or by the require-
ment! of the approved State Pretreatment
Program, at appropriate.

  (2) All  Permits  subject to the  re-
quirements of paragraph (dXl) of this
section  which do not contain the modi-
fication clause  referred  to  in  that
paragraph will be subject to objection
by EPA under section  402(d) of the
Act as being outside the guidelines and
requirements of the Act.
  (3) Permits issued  by  an NPDES
State after the Submission deadline
for  State  Pretreatment Program ap-
proval (set forth in paragraph (b) of
this section) shall contain conditions
of an approved Pretreatment Program
or a compliance schedule for develop-
ing such a program in accordance with
§§ 403.8 (b) and (d) and 403.12(h).
  (e) State Program in lieu  of POTW
Program.  Notwithstanding the provi-
sion of  S 403.8(a), a State with an ap-
proved  Pretreatment  Program  may
assume responsibility for implement-
ing the POTW Pretreatment Program
                                    30

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Chap*" I—Environmental Protection Agency

reauirements set forth in 5 403.8(f) in
lieu of requiring the POTW to develop
«  pretreatment  Program.  However.
this does not preclude POTWs from
independently  developing  Pretreat-
ment Programs.
  
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§ 403.10

  (B) The contents of sludge from the
POTW and methods of sludge disposal
and use to identify, independent of in-
formation  supplied  by  the POTW.
compliance or noncompliance with re-
quirements applicable  to the selected
method of sludge management:
  (v) Investigate evidence of violations
of pretreatment conditions set forth in
the POTW Permit by  taking samples
and acquiring  other information as
needed. This data  acquisition shall be
performed with sufficient  care as to
produce evidence admissible in an en-
forcement proceeding or in court;
  (vi) Review and approve requests for
approval of POTW Pretreatment  Pro-
grams and authority to modify cate-
gorical  Pretreatment Standards  sub-
mitted by  a  POTW to the Director:
and
  (vil) Consider requests  for Funda-
mentally Different Factors variances
submitted by Industrial Users  in ac-
cordance with the criteria  and  proce-
dures set forth in S 403.13.
  (3)  Funding.  The  Director shall
assure that funding and qualified  per-
sonnel are available to carry out the
authorities and procedures described
in paragraphs (f)(l) and (2) of this sec-
tion.
  (g)  Content of State Pretreatment
Program submission. The request for
State Pretreatment Program approval
will consist of:
  (IXi) A statement from the State At-
torney General (or the Attorney for
those State agencies which have inde-
pendent legal counsel) that  the laws of
the State provide  adequate authority
to implement the requirements of this
part. The authorities cited  by the At-
torney General in this statement shall
be in the  form of lawfully  adopted
State statutes  or  regulations  which
shall  be effective by the time of ap-
proval of the State Pretreatment Pro-
gram; and
  (U) Copies of all State statutes  and
regulations cited in  the above state-
ment;
  (iii)  Notwithstanding  paragraphs
(gXIXi) and (U) of this section, if the
State has the statutory authority to
implement the requirements of  this
pan.  and  if the State  at the time of
submission of this  request  has an ap-
proved NPDES Program, then regula-
   TltU 40—Protection of Environment

tions setting forth the requirements of
this section need not be promulgated
by the State if the Administrator finds
that  the State has submitted a com-
plete description of procedures to  ad-
minister its program in  conformance
with  the requirements of this section.
States without  an  approved NPDES
program will be required  to comply
with  the requirements of paragraphs
(gXIXi) and (ii) of this section.
  (2)  A  description  of  the funding
levels and  full- and part-time person-
nel available to  Implement  the pro-
gram; and
  (3) Any'modifications or additions to
the Memorandum of Agreement (re-
quired by 40 CFR 123.6) which may be
necessary for EPA and the  State to
implement the  requirements of this
part.
  (h)   EPA Action.  Any   approved
NPDES State  requesting State Pre-
treatment   Program  approval  shall
submit to the Regional Administrator
three copies of  the  Submission de-
scribed in  paragraph (g) of  this sec-
tion.  Upon a preliminary determina-
tion that the Submission meets the re-
quirements of paragraph (g) the Re-
gional Administrator shall:
  (1) Notify the Director that the Sub-
mission has been received and is under
review; and
  (2)  Commence the program revision
process set out in 40 CFR 123.13. For
purposes of that section all request*
for approval of State  Pretreatment
Programs shall be deemed substantial
program modifications.  A  comment
period of at least 30 days and the op-
portunity for a hearing shall be  af-
forded the  public on all such proposed
program revisions.
  (1) Notification where submission it
defective. If. after review of the Sub-
mission as  provided for in  paragraph
(h) of this section. EPA determines
that the Submission does not comply
with  the requirements of paragraphs
(f) or (g) of this section EPA shall so
notify the  applying NPDES  State in
writing. This notification shall identi-
fy any defects in the Submission and
advise the NPDES State of  the means
by which it can comply  with the  re-
quirements of this part,
                                   32

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        I — Environmental Protection Agency
                            §403.11
§403.11 Approvml Procedure* for POTW
   Pretreatment Program* and POTW Re-
   *iiion  of  Categorical  Pretreatment
   Standard*.
  The following procedures shall be
adopted in approving or denying re*
quests for approval of POTW  Pre-
treatment Programs and revising Cate-
gorical Pretreatment Standards. In-
cluding requests for authorization to
grant conditional  revised  discharge
limitations and provisional limitations:
  (a) Deadline for review of submis-
sion.  The Approval Authority shall
have 90 days from the date of public
notice of  any Submission  complying
with  the  requirements of J403.9(b)
and. where removal allowance approv-
al is sought, with §S403.7(d)  and
403.9(d).  to  review  the  Submission.
The Approval Authority shall review
the Submission to determine compli-
ance  with   the   requirements   of
i 403.8(b) and (f ). and. where removal
allowance approval  is sought,  with
1 403.7(a) through (e) and (g). The Ap-
proval Authority may have up to an
additional 90  days to complete  the
evaluation of the  Submission if  the
public comment period provided for in
paragraph (bXIXll) of  this section is
extended beyond 30 days or if a public
hearing is held as provided for In para-
graph (b)(2)  of  this section. In no
event, however, shall the time for eval-
uation of the Submission exceed  a
total  of  180  days  from the  date of
public notice of a Submission  meeting
the requirements of } 403.9(b) and. in
the case of removal allowance applica-
tion. H 403.7(d) and 403.9(d).
  (b)  Public notice and  opportunity
for hearing. Upon receipt of a Submis-
sion the  Approval  Authority shall
commence its  review. Within  S days
after making a determination that  a
Submission meets the requirements of
5403.9. or at  such  later time
under 1 403.7(c) that the Approval Au-
thority elects to review the removal al-
lowance Submission, the Approval Au-
thority shall:
  (1) Issue a public notice of request
fo.r.fPPfoval of the Submission;
i  tUP* Dubllc notlce shau ^ drcu-
n»-  ^ 5 mann«r designed to Inform
interested and potentially  interested
persons of the Submission. Procedures
for the  circulation of public notice
shall Include:
  (A) Mailing notices of  the request
for approval of the Submission to des-
ignated 208  planning agencies. Federal
and State fish, shellfish,  and wildlife
resource  agencies;  and to any other
person or group who has requested in-
dividual notice, including those on ap-
propriate mailing lists; and
  (B) Publication of a notice of request
for approval of the Submission in the
largest  daily  newspaper  within  the
jurisdiction(s) served by the POTW.
  (il) The public notice shall provide a
period of not less than 30  days follow-
ing, the  date  of  the public  notice
during which time interested persons
may submit their written views on the
Submission.
  (ill) All written comments submitted
during  the  30 day comment  period
shall be retained by the Approval Au-
thority and considered in  the decision
on whether  or not to approve the Sub-
mission. The period for comment may
be  extended at the discretion  of the
Approval Authority; and
  (2) Provide an  opportunity for the
applicant, any affected State, any  in-
terested   State  or Federal  agency.
person or group of persons to request
a public hearing with respect  to the
Submission.
  (1) This request  for public hearing
shall be filed within the 30 day (or ex-
tended) comment period described in
paragraph (bXD(ii) of this section and
shall  indicate  the interest  of  the
person filing such request and the rea-
sons why a hearing is warranted.
  (il)  The Approval  Authority shall
hold a  hearing  if  the POTW so  re-
quests. In addition, a  hearing will  be
held if there is a significant public  in-
terest in issues relating to whether or
not  the  Submission   should be  ap-
proved. Instances of doubt should  be
resolved in favor  of holding the hear-
ing.
  (ill) Public notice of a  hearing  to
consider a Submission and sufficient
to  inform interested  parties of  the
nature of the hearing and the right to
participate shall  be published  in the
same newspaper as the notice  of the
original request  for approval of the
Submission     under     paragraph
                                   33

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§403.12

(bXIKiXB) of this section. In addition.
notice of the hearing shall be sent to
those persons  requesting individual
notice.
  (3) Whenever the approval authority
elects to defer review of a submission
which authorizes the POTW to grant
conditional  revised  discharge  limits
under §403.7(b)(2)  and (c).  the Ap-
proval Authority shall  publish public
notice of  its election  in accordance
with paragraph (b)(l) of this section.
  (c) Approval  authority decision. At
the end of the 30 day (or extended)
comment period and within the 90 day
(or extended) period provided for  in
paragraph (a) of  this section, the Ap-
proval  Authority shall  approve  or
deny the Submission based upon the
evaluation in paragraph (a) of this sec-
tion  and  taking  into consideration
comments submitted during the com-
ment period and the  record of the
public hearing,  if held. Where the Ap-
proval Authority makes a determina-
tion to deny the request, the Approval
Authority shall so notify the POTW
and each person who has requested in-
dividual notice. This notification shall
include  suggested modifications and
the Approval Authority may allow the
requestor additional time to bring the
Submission into compliance  with ap-
plicable requirements.
  (d) EPA  objection to Director's deci-
sion. No POTW pretreatment program
or authorization to grant removal al-
lowances shall be approved by the Di-
rector if following the 30 day (or ex-
tended)  evaluation period provided for
in paragraph (bXIXil) of this section
and any  hearing held pursuant  to
paragraph  (bX2) of this section the
Regional Administrator sets  forth  in
writing  objections to the approval  of
such Submission  and the reasons for
such objections. A copy of the Region-
al Administrator's objections shall be
provided to the  applicant, and each
person  who has  requested individual
notice.  The  Regional  Administrator
shall provide an opportunity  for writ-
ten  comments  and  may convene a
public hearing  on his  or her objec-
tions. Unless retracted, the Regional
Administrator's objections shall con-
stitute a final ruling to deny  approval
of a POTW pretreatment program  or
authorization to grant removal allow-
   TiHe 40—Protection of Environment

ances 90 days after the date the objec-
tions are issued.
  (e) Notice of decision. The Approval
Authority shall  notify those persons
who submitted comments and partici-
pated in the public hearing, if held, of
the  approval or disapproval of  the
Submission. In addition, the Approval
Authority shall cause to  be published
a notice of approval or disapproval in
the same  newspapers as the original
notice of request for approval of the
Submission was published.  The  Ap-
proval Authority shall identify in any
notice of  POTW Pretreatment Pro-
gram approval  any authorization to
modify   categorical    Pretreatment
Standards  which  the  POTW  may
make, in accordance with 8 403.7. for
removal of pollutants subject to Pre-
treatment Standards.
  (f) Public access to submission. The
Approval Authority shall ensure that
the  Submission and  any comments
upon such Submission are available to
the public for inspection and copying.

0 403.12  Reporting   requirements   for
   POTWt and industrial men.
  (a)  Definition. The term  "Control
Authority" as it  is used in this section
refers to:  (1)   The  POTW if  the
POTWs Submission for its  pretreat-
ment program (§ 403.3(t)(D)  has been
approved in accordance with the re-
quirements of ; 403.11; or (2) the Ap-
proval Authority if the Submission
has not been approved.
  (b) Reporting requirement for indus-
trial users upon  effective date of cate-
gorical pretreatment  standard—base-
line report. Within 180 days  after the
effective date of a  categorical Pre-
treatment Standard, or 180 days after
the final administrative decision made
upon a category determination sub-
mission under i 403.6(a)(4). whichever
is  later, existing Industrial Users sub-
ject to such categorical  Pretreatment
Standards and  currently discharginc
to or scheduled to discharge  to a
POTW shall be required  to submit to
the Control Authority a report which
contains the  information   listed  in
paragraphs (b)(l) through (7) of this
section. Where reports containing this
information already have been submit-
ted to the Director or  Regional  Ad-
                                    34

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Chapter I—Environmental Protection Agency

minjstrator in compliance with the re-
quirements of 40 CFR 128.140(b). the
Industrial user will not be required to
submit this information  again. New
sources shall be  required to submit to
the Control  Authority a report which
contains  the  information  listed  in
paragraphs (b)(l> through (5) of this
section:
  (1)  Identifying  information. The
User shall submit the name and ad-
dress  of the  facility including the
name of the operator and owners:
  (2) Permits. The User shall submit a
list of any environmental control per-
mits held by or for the facility:
  (3) Description of operations. The
User shall submit a brief description
of the nature, average rate of produc-
tion, and Standard Industrial Classifi-
cation of the operation(s) carried out
by such Industrial User. This descrip-
tion should Include a schematic proc-
ess diagram  which indicates points  of
Discharge to the POTW from the reg-
ulated processes.
  (4) Flow  measurement.  The  User
shall submit information showing the
measured average daily and maximum
daily flow, in gallons per day. to the
POTW from each of the following:
  (i) regulated process streams; and
  (11) other  streams as necessary  to
allow use of the combined wastes-
tream formula of § 403.6(e). (See para-
graph (bXSXv) of this section.)
The Control Authority may allow for
verifiable  estimates  of  these   flows
where justified by coat or feasibility
considerations.
  (5) Measurement  of pollutant*.  (1)
The user shall identify the Pretreat-
ment  Standards   applicable to  each
regulated process:
  (il)  In  addition,  the  User   shall
submit the  results of sampling and
analysis identifying  the  nature and
concentration  (or mass,  where re-
quired by the Standard or Control Au-
thority) of regulated pollutants in the
Discharge from each  regulated  proc-
ess. Both daily maximum and average
concentration  (or mass,  where re-
?if n J shau be reported. The sample
snau be representative of daily oper-
ations;
J/iV ^ere fe"lble. samples must be
obtained through the flow-proportion-
«  composite  sampling  techniques
                            §403.12
 specified in the applicable categorical
 Pretreatment Standard. Where com-
 posite sampling is not feasible, a grab
 sample is acceptable;
  (iv)  Where the  flow of the stream
 being sampled is less than or equal to
 950.000   liters/day   (approximately
 250.000 gpd), the User must take three
 samples  within a two-week  period.
 Where the flow of the stream  being
 sampled is greater than 950.000 liters/
 day (approximately 250.000 gpd). the
 User must take six samples within a
 two-week period;
  (v) Samples should be taken immedi-
 ately downstream from pretreatment
 facilities if such exist or immediately
 downstream from  the regulated proc-
 ess if no pretreatment exists. If other
 wastewaters are mixed with the regu-
 lated  wastewater  prior to pretreat-
 ment  the User should measure the
 flows and concentrations necessary to
 allow  use of the combined  wastes-
 tream  formula of J 403.6(e) in order to
 evaluate  compliance  with  the Pre-
 treatment Standards. Where an alter-
 nate concentration or mass limit has
 been calculated in  accordance with
 5403.6(e) this  adjusted  limit  along
 with supporting data shall be submit-
 ted to the Control Authority;
  (vi) Sampling  and analysis shall be
 performed  in  accordance with the
 techniques prescribed in 40 CFR Part
 136  and amendments thereto. Where
 40 CFR Part 136 does not contain sam-
 pling or analytical techniques for the
 pollutant in question,  or where the
 Administrator  determines that the
 Part 136 sampling  and analytical tech-
niques are inappropriate for the pol-
 lutant  in question, sampling and anal-
 ysis shall be performed by using vali-
dated analytical methods or any  other
applicable sampling   and analytical
procedures. Including procedures sug-
gested  by the POTW or other parties.
approved by the Administrator
  (vil)  The  Control  Authority may
allow  the submission of a  baseline
report  which utilizes  only  historical
data so long as the data provides  infor-
mation sufficient  to  determine the
need for industrial pretreatment meas-
ures;
  (viii) The baseline report shall indi-
cate the time, date and place, of sam-
pling,  and methods of analysis, and
                                   35

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§403.12

shall certify that such sampling and
analysis  is representative of  normal
work  cycles and expected  pollutant
Discharges to the POTW;
  (6)  Certification.  A statement,  re-
viewed by an authorized representa-
tive of the Industrial User (as defined
in paragraph 
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Chap**' I—Environmental Protection Agency

Requirements. This statement shall be
signed by an authorized representative
of the Industrial User, as defined in
Daragraph (k) of this section, and cer-
tified to by a qualified professional.
  
-------
§403.12

nine  months elapse  between  such
progress  reports to the Approval Au-
thority.
  (!) Initial POTW report on compli-
ance  with approved removal allow-
ance.  A POTW which has received au-
thorization to modify categorical Pre-
treatment Standards for pollutants re-
moved by  the POTW in accordance
with the requirements of } 403.7 must
submit  to  the  Approval  Authority
within 60 days after the effective date
of a Pretreatment Standard for which
authorization to modify has  been ap-
proved, a report which contains the in-
formation  required by  J403.7(dX2).
(d)(5) and  (dX6). A nM«<»nm« of one
sample per month  during the report-
ing period is required.         	
  (j)  Periodic reports by  POTW  to
demonstrate   continued   compliance
with  removal allowance. The reports
referred to in paragraph (i) of this sec-
tion will  be submitted to the Approval
Authority at 6-month intervals begin-
ning with the submission of the initial
report referred to  in paragraph (i)  of
this section unless  required more fre-
quently by the Approval Authority.
  (k)  Signatory  requirements for in-
dustrial  user reports. The reports re-
quired by paragraphs (b). (d). and (e).
of this section must be signed by an
authorized representative of  the  In-
dustrial  User. An  authorized repre-
sentative may be:
  (DA principal executive officer of at
least the level of vice president, if the
Industrial User submitting the reports
required by paragraphs (b). (d) and (e)
of this section is a corporation.
  (2) A general partner or proprietor if
the Industrial User  submitting the
report required by paragraphs (b). (d)
and (e) of this section is a partnership
or sole proprietorship respectively.
  (3) A duly authorized representative
of the individual designated  in  para-
graph (k)(l)  or  (2) of this section if
such representative Is responsible for
the overall operation of the facility
from  which  the Indirect  Discharge
originates.
  (1)   Siynatory   requirements  for
POTW reports. Reports submitted  to
the Approval Authority by the POTW
in accordance with  paragraphs (h). (I)
and (j) of this section must be signed
by a principal executive officer,  rank-
   TW« 40—Protection of Environment

ing elected official or other duly au-
thorized employee if such employee is
responsible for overall  operation of
the POTW.
  (m) Provisions governing fraud  and
false statements. The reports required
by paragraphs (b). (d). (e). (h). (1)  and
(J) of this section shall  be subject to
the  provisions of  18 U.S.C.  section
1001 relating to fraud and false state-
ments and the provisions of  section
309(0(2)  of the  Act governing false
statements, representations or certifi-
cations in reports required under  the
Act
  (n) Aecord-fceepino requirements. (1)
Any Industrial User and POTW sub-
ject to the reporting requirements es-
tablished in this section shall maintain
records of all information resulting
from any  monitoring  activities  re-
quired by this section.  Such records
shall Include for all samples:
  (1) The  date, exact place, method.
and time of sampling and the names
of the person or persons  taking  the
samples;
  (ii)  The dates analyses were per-
formed;
  (ill) Who performed the analyses;
  (iv) The analytical techniques/meth-
ods use; and
  (v) The results of such analyses.
  (2)  Any Industrial  User or  POTW
subject to the reporting  requirements
established in this section shall be re-
quired to retain for a minimum of 3
years any records of monitoring activi-
ties and results (whether or not such
monitoring activities  are required by
this section)  and  shall make such
records available  for  Inspection  and
copying by the Director and the  Re-
gional Administrator (and POTW In
the case of an Industrial User). This
period of retention shall be extended
during the course of any  unresolved
litigation  regarding   the   Industrial
User or POTW or when  requested by
the Director or the Regional Adminis-
trator.      	
  (3) Any POTW to which  reports are
submitted by an Industrial User pursu-
ant to paragraphs (b), (d). and (e) of
this section shall retain  such reports
for a minimum of 3  years and shall
make such reports available for inspec-
tion and copying by the  Director  and
the   Regional  Administrator.  This
                                   38

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Chapter I—Environmental Protection Agency

neriod of retention shall be extended
during the course of any unresolved
litigation regarding  the discharge of
oollutants  by  the Industrial User or
the operation of the POTW Pretreat-
ment  Program  or when requested by
the Director or the Regional Adminis-
trator.
                            §403.13
0403.13  Variance* from categorical  pre-
   tremUncnt standards for fundamentally
   different factors.
  (a) Definition. The term  "Request-
er" means an  Industrial User or  a
POTW  or  other interested  person
seeking  a  variance  from  the  limits
specified in a categorical Pretreatment
Standard.
  (b) Purpose and scope. (1) In estab-
lishing    categorical   Pretreatment
Standards  for  existing  sources,  the
EPA will take into account  all  the in-
formation  it can collect, develop  and
solicit regarding the factors relevant
to pretreatment standards under  sec-
tion 307(b). In some cases, information
which may affect these Pretreatment
Standards will not be available or. for
other reasons, will not be considered
during their development. As a result.
It may be  necessary  on a case-by-case
basis to adjust the limits in categorical
Pretreatment Standards, making them
either more or  less stringent, as they
apply to  a certain   Industrial User
within an  industrial  category or sub-
category. This will only be done if data
specific  to  that Industrial User Indi-
cates it presents factors fundamental-
ly different from those considered by
EPA in  developing the limit at issue.
Any  interested  person believing that
(actors relating to an Industrial User
are fundamentally different from  the
factors considered during development
of a categorical Pretreatment  Stand-
ard applicable to that User and fur-
ther, that  the existence of  those  fac-
tors  justifies a  different  discharge
limit than specified  in the  applicable
categorical  Pretreatment   Standard.
may request a fundamentally different
factors variance under this section or
such a variance  request may be  initiat-
ed by the EPA.
  <2) A  fundamentally different  fac-
tors variance is not  available for any
toxic pollutant controlled in a categor-
ical Pretreatment Standard.
  (c) Criteria—(1) General criteria.  A
request for a variance based upon fun-
damentally different factors shall be
approved only if:
  (i) There is an applicable categorical
Pretreatment Standard which specifi-
cally controls the pollutant for which
alternative limits have been requested;
and
  (11) Factors relating to the discharge
controlled by the categorical Pretreat-
ment Standard are fundamentally dif-
ferent from the factors considered by
EPA in establishing  the Standards;
and
  (111) The request for a variance  is
made in accordance with the procedur-
al requirements in paragraphs (g) and
(h) of this section.
  (2) Criteria applicable to less strin-
gent limits. A variance request for the
establishment of limits less stringent
than required by the Standard  shall
be approved only if:
  (i) The alternative limit requested  is
no less stringent than justified by the
fundamental difference;
  (11) The alternative limit will not
result in a violation of prohibitive dis-
charge standards prescribed by or es-
tablished under 8 403.5;
  (ill)  The alternative  limit will not
result in a non-water quality environ-
mental impact  (including energy re-
quirements)  fundamentally more ad-
verse  than  the  impact  considered
during development of the Pretreat-
ment Standards; and
  (iv) Compliance with the  Standards
(either by using the technologies upon
which the Standards are  based or by
using   other  control  alternatives)
would result in either
  (A) A removal cost (adjusted for in-
flation) wholly  out of proportion to
the removal cost considered during de-
velopment of the Standards; or
  (B) A non-water quality  environmen-
tal  Impact (Including energy require-
ments) fundamentally  more  adverse
than the impact considered during de-
velopment of the Standards.
  (3) Criteria applicable to more strin-
gent limits. A variance request for the
establishment of limits more stringent
than required by the Standards  shall
be approved only if:
                                    39
        0-x.i	4

-------
§403.13

  (i) The alternative limit request is no
more  stringent than justified by  the
fundamental difference; and
  (ii) Compliance with the alternative
limit would not result in either
  (A)  A removal cost (adjusted for in-
flation) wholly out  of proportion to
the removal cost considered during de-
velopment of the Standards: or
  (B) A non-water quality environmen-
tal impact (including energy  require-
ments)  fundamentally  more  adverse
than the impact considered during de-
velopment of the Standards.
  (d) factors considered fundamental-
ly different Factors which may be con-
sidered fundamentally different are:
  (1) The nature or quality of pollut-
ants contained in the  raw waste load
of the User's process wastewater
  (2) The volume of the User's process
wastewater and effluent discharged:
  (3) Non-water quality environmental
Impact of control and treatment of the
User's raw waste load;
  (4) Energy requirements of the ap-
plication  of control  and treatment
technology;
  (5) Age. size, land availability, and
configuration  as they  relate to  the
User's equipment or facilities; process-
es employed; process changes; and en-
gineering aspects-of the application of
control technology;
  (6) Cost of compliance with required
control technology.
  (e) Factors which will not be consid-
ered fundamentally different. A vari-
ance request or portion of such a re-
quest under this section may not be
granted  on  any of  the  following
grounds:
  (1) The feasibility of installing  the
required waste treatment  equipment
within the time the Act allows;
  (2) The assertion that the Standards
cannot be achieved with the appropri-
ate waste treatment facilities Installed.
If such assertion  is not based on fac-
tors listed In paragraph (d) of this sec-
tion:
  (3) The User's ability to pay for the
required waste treatment: or
  (4) The impact of a Discharge on the
quality   of  the  POTWs  receiving
waters.
  (f) State or local law. Nothing in this
section  shall be  construed to impair
the right of any state or locality under
   Title 40—Protection of Environment

 section 510 of the Act to impose more
 stringent limitations than required by
 Federal law.
   (g)  Application  deadline.  (1)  Re-
 quests for  a  variance and supporting
 information  must  be  submitted  in
 writing to the Director  or to the  En-
 forcement Division Director, as appro-
 priate.
   (2) In order to be considered, request
 for  variances  must  be  submitted
 within 180 days after  the effective
 date of the categorical Pretreatment
 Standard unless the User has request-
 ed a categorical determination pursu-
 ant to § 403.6(a).
   (3) Where the User has requested a
 catergorical determination pursuant to
, { 403.6(a>, the User may elect to await
 the results of the category determina-
 tion before submitting a variance re-
 quest under  this section. Where  the
 User so elects, he or she must submit
 the variance  request within 30 days
 after  a final  decision has been made
 on the categorical determination pur-
 suant to J 403.6(a)(4).
   (h)  Contents of submission. Written
 Submissions  for  variance  request,
 whether made to the'Enforcement Di-
 vision Director or to the Director must
 include:
   (1)  The  name and address of  the
 person making the request:
   (2)  Identification of the interest of
 the Requester which is affected by the
 categorical Pretreatment Standard for
 which the variance is requested:
   (3) Identification of the POTW cur-
 rently receiving the waste from the In-
 dustrial User for which alternative dis-
 charge limits are requested:
   (4)  Identification of the categorical
 Pretreatment Standards which are ap-
 plicable to the Industrial User.
   (5) A list of each pollutant or pollut-
 ant parameter  for which an alterna-
 tive discharge limit Is sought:
   (6) The alternative discharge  limits
 proposed by  the Requester for each
 pollutant or pollutant parameter iden-
 tified in paragraph (h)(5) of this  sec-
 tion:
   (7)  A  description  of  the Industrial
 User's existing water pollution control
 facilities:
   (8) A schematic flow representation
 of the Industrial User's water system
 including   water   supply,   procesi
                                   40

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Chapter I—Environmental Protection Agency

wastewater systems, and points of Dis-
charge; and
  (9) A Statement of facts clearly  es-
tablishing  why the  variance request
should be approved, including detailed
support  data, documentation, and evi-
dence necessary to fully evaluate the
merits of the request,  e.g..  technical
and  economic data  collected by the
EPA and used in developing  each pol-
lutant discharge limit in the  Pretreat-
ment Standard.
  
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§403.14

rector's recommended alternative dis-
charge limits were derived;
  (C) The supporting evidence submit-
ted to the Enforcement Division Direc-
tor and
  (D) Other information considered by
the Enforcement Division Director in
developing the recommended alterna-
tive discharge limits;
  (ill)  Notify the  Director  and  the
POTW of his  or her determination:
and
  (iv) Send the information described
in paragraphs (1X2) (i) and (ii) of this
section to  the  Requestor (and to the
Industrial User where they are not the
same).
  (m) Request for hearing. (1) Within
30 days following the date of receipt of
notice of the Enforcement Division Di-
rector's decision on a variance request.
the Requester or any other interested
person may submit a petition to the
Regional Administrator for a hearing
to reconsider or contest  the  decision.
If such a  request  is submitted by  a
person other than the Industrial User
the person shall simultaneously serve
a copy of the request on the Industrial
User.
  (2) If the Regional Administrator de-
clines to hold a hearing and the Re-
gional Administrator affirms the En-
forcement Division Director's findings,
the Requester  may submit a petition
for a  hearing to  the Administrator
within 30 days of the Regional Admin-
istrator's decision.
[46 PR 0439. Jan. 28.1981. M amended at 49
PR 5132. Feb. 10.1984]

9403,14  Confidentiality.
  (a)  EPA  authorities. In accordance
with 40 CFR Part 2.  any information
submitted to EPA  pursuant  to these
regulations may be claimed as confi-
dential  by the submitter. Any such
claim must be asserted at the time of
submission in the manner prescribed
on the application form or  Instruc-
tions, or. in the case of other submis-
sions, by stamping the words "confi-
dential business information" on each
page containing such information. If
no claim is made at the  time of sub-
mission. EPA may make  the  informa-
tion  available to the  public without
further notice. If a claim is  asserted.
the information will be treated in ac-
        40— Protection of Environment
 cordance with  the procedures in  40
 CFR Part 2 (Public Information).
   (b) Effluent data.  Information and
 data provided to the Control Author-
 ity pursuant to this  part which is ef-
 fluent  data  shall be available  to the
 public without restriction.
   
-------
Chapt*r I—Environmental Protection Agency

shall be given only to the extent that
oollutants in the intake water which
are limited by the Standard are not re-
moved by the  treatment technology
employed by the User.
  (c) Notice.  The User shall notify the
Regional Enforcement Officer if there
are any significant  changes in  the
Quantity  of  the  pollutants  in  the
Intake water or in the  level  of  treat-
ment provided.
  (d) EPA  decision. The Enforcement
Division Director shall require  the
User to conduct additional monitoring
(1 e.. for flow and concentration of pol-
lutants) as necessary to determine con-
tinued eligibility for and compliance
with any  adjustments.  The  Enforce-
ment Division Director  shall consider
all timely  applications for credits for
Intake pollutants plus  any additional
evidence that may have been submit-
ted in response to the EPA's request.
The  Enforcement Division  Director
shall then make a written determina-
tion of the applicable credit(s). If any.
state  the  reasons for  its •determina-
tion, state what additional monitoring
is necessary, and send  a copy of said
determination to the'applicant  and
the applicant's POTW. The decision of
the  Enforcement Division  Director
shall be final

9 403.16  Up*et provision.
  (a) Definition. For the purposes of
this section.  "Upset" means an excep-
tional incident in which there is  unin-
tentional  and temporary noncompli-
ance  with categorical  Pretreatment
Standards because of factors beyond
the reasonable control of the Industri-
al User. An  Upset does not  include
noncompliance  to the  extent caused
by operational  error. Improperly de-
signed treatment facilities, inadequate
treatment facilities, lack of preventive
maintenance, or careless or improper
operation.
  Cb) Effect of an upset An Upset shall
constitute an affirmative defense to an
action  brought  for  noncompliance
with categorical Pretreatment Stand-
ards it the requirements of paragraph
 are met.
   Conditions necessary for a dem-
owntion of upset. An Industrial User
HV   ^hes  to  establish the  affirma-
nce  defense  of Upset  shall  demon-
                            § 403.16
strate. through properly signed,  con-
temporaneous operating logs, or other
relevant evidence that:
  (1)  An Upset occurred and the In-
dustrial User can Identify the specific
cause(s) of the Upset:
  (2) The facility was at the time being
operated in a prudent and workman-
like  manner and in compliance with
applicable operation and maintenance
procedures;
  (3) The Industrial User has submit-
ted the following information  to the
POTW and Control Authority within
24 hours  of becoming aware of the
Upset (if this information is  provided
orally, a written submission  must be
provided within five days):
  (I) A description of the Indirect Dis-
charge and cause of noncompliance;
  (11) The period of noncompliance. in-
cluding exact dates and times  or. if not
corrected,  the anticipated time  the
noncompliance is expected to contin-
ue:
  (ill)  Steps  being   taken   and/or
planned to reduce, eliminate  and  pre-
vent recurrence of the noncompliance.
  (d) Burden of proof. In any enforce-
ment proceeding  the  Industrial User
seeking to establish the occurrence of
an  Upset shall have  the  burden of
proof.
  (e) Reviewabiltty of agency consider-
ation of claims of upset In the usual
exercise  of  prosecutorial  discretion.
Agency enforcement personnel should
review any claims that non-compliance
was caused by an Upset. No determina-
tions made in the course of the review
constitute final Agency action subject
to judicial review. Industrial Users will
have the opportunity for a Judicial de-
termination  on any  claim of Upset
only in an enforcement action brought
for noncompliance with categorical
Pretreatment Standards.
  (f)  User  responsibility  in  case of
upset The  Industrial User shall  con-
trol  production or  all Discharges to
the extent necessary to maintain com-
pliance with categorical Pretreatment
Standards upon reduction, loss, or fail-
ure of its treatment facility until the
facility  is restored  or an alternative
method of treatment is provided. This
requirement applies in the situation
where, among other  things,  the  pri-
                                    43

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Part 403, App. A
   Title 40—Protection ef Environment
mary source of power of the treatment
facility is reduced, lost or fails.

   APPENDIX A—U.S. ENVIRONMENTAL
          PROTECTION AGENCY
December 16.1979.

   Program Outdance Memorandum—61

Subject: OrsnU for Treatment and Control
   of  Combined  Sewer  Overflow*  and
   Stonnwater Discharges.
From: John T. Rhett. Deputy Assistant Ad-
   ministrator  for Water Program Oper-
   ations (WH-548).
To: Regional Administrators. Regions I-X.
  This memorandum summarizes the Agen-
cy's policy on the use of construction grants
for treatment  and  control  of combined
sewer overflows and stormwater discharges
during wet-weather conditions. The purpose
Is to assure that projects are funded only
when careful planning has  demonstrated
they are cost-effective.

      I. CoiannD Szwn Ovnnows

             A. Background

  The costs and benefits of control  of vari-
ous portions of pollution  due to combined
sewer overflows and by-passes vary greatly
with the  characteristics of  the sewer and
treatment system, the duration. Intensity.
frequency and areal extent of precipitation.
the type and extent of development In the
service area, and the characteristics, uses
and water quality standards of the receiving
waters. Decisions on grants for control of
combined sewer overflows, therefore, must
be made on a case-by-case basis after de-
tailed planning at the local level
  Where  detailed planning has been com-
pleted, treatment  or  control of  pollution
from  wet-weather overflows and bypasses
may be given priority for construction grant
funds only after provision has  been made
for secondary  treatment  of  dry-weather
flows in the area. The detailed planning re-
quirements and criteria for project approval
follow.

        B. Planning Requirement*

  Construction grants may be approved for
control of pollution from combined sewer
overflows only if planning for  the  project
was thoroughly  analyzed for the 20 year
planning period:
  1. Alternative  control  techniques which
might be utilized to attain various levels of
pollution control (related to alternative ben-
eficial  uses.  If appropriate), including at
least Initial consideration of all  the alterna-
tives described In the section on combined
sewer and stormwater control In "Alterna-
tive  Waste  Management Techniques  ana
Best Practicable Waste Treatment" (Section
C  of Chapter III  of  the information  pro.
posed for comment in March 1974).
  2. The costs of achieving the various levels
of pollution control by each of  the tech-
niques appearing to be  the most feasible
and  cost-effective  after  the  preliminary
analysis.
  3. The benefits to the receiving waters of a
range of levels of  pollution control during
wet-weather conditions. This analysis  wtu
normally  be conducted  as  part  of State
water quality management planning,  208
areawide  management planning,  or other
State, regional or local planning effort.
  4. The costs and benefits of addition of ad-
vanced waste  treatment  processes to  dry.
weather flows in the i
      C. Criteria for Project Approval

'  The final alternative selected shall meet
the following criteria:
  1. The analysis required above has demon-
strated  that the level of pollution control
provided will be necessary to protect a bene-
ficial use of the receiving water even after
technology based standards required by Sec-
tion 301 of P.L.  92-500 are achieved  by in-
dustrial point sources and at least secondary
treatment Is achieved for dry-weather mu-
nicipal flows In the area.
  2.  Provision has already  been made  for
funding  of secondary treatment  of dry-
weather flows in the area.
  3.  The pollution  control technique pro-
posed for combined sewer overflow is a more
cost-effective means of protecting the bene-
ficial use of the receiving waters than other
combined  sewer pollution  control   tech-
niques and the addition of treatment higher
than secondary  treatment for dry-weather
municipal flows in the area.
  4. The marginal costs are not substantial
compared to marginal benefits.
  Marginal costs and benefits for each alter-
native   may  be  displayed  graphically  to
assist with determining  a project's accept-
ability  under this  criterion.  Dollar cosu
should be compared with quantified pollu-
tion reduction and water quality  improve-
ments. A descriptive narrative should also
be Included analyzing monetary, social and
environmental costs compared to  benefitt
particularly the  significance of the benefi-
cial uses to be protected by the project.

        n. STCRMWATW DISCKAXGCS

  Approaches for reducing pollution from
separate stormwater discharges are now in
the early stages  of development and evalua-
tion. We anticipate, however, that In many
cases the benefits obtained by construction
of treatment works for this purpose will be
small compared  with the costs, and other
                                        44

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         I— Environmental Protection Agency
                       Part 403, App. B
          of control and prevention will be
      cost-effective.  The  policy  of  the
/uency  is-  therefore,  that construction
zrants shall not be used for construction of
treatment works to control  pollution  from
separate  discharges of stormwater  except
under unusual conditions where the project
clearly has been demonstrated to meet ttie
alarming   requirements  and criteria  de-
scribed above for combined sewer overflows.

       III. MULTI-PURPOSK PROJECTS
  Projects with  multiple  purposes, such as
flood control and recreation In  addition to
pollution control, may be  eligible for  an
amount not to exceed the cost of the  most
cost-effective  single   purpose  pollution
abatement system. Normally the Separable
Costs-Remaining Benefits (SCRB)  method
should be used to allocate costs between pol-
lution control and other purposes, although
In unusual cases another method may be ap-
propriate. For such cost allocation, the cost
of the least cost pollution abatement alter-
native may be used as a substitute measure
of the  benefits  for  that  purpose.  The
method Is described in "Proposed Practices
for  Economic   Analysis  of  River  Basin
Projects." OPO.  Washington. D.C..   1958.
and  "Efficiency In Government  through
Systems Analysis." by Roland N. McKean.
John Wiley If Sons. Inc.. 1958.
  Enlargement  of or otherwise adding  to
combined sewer conveyance systems Is one
means  of reducing or eliminating flooding
caused by wet-weather conditions. These ad-
ditions may  be  designed  so  as  to produce
some benefits in terms of reduced discharge
of pollutants to surrounding  waterways.
The pollution control benefits of such flood
control measures, however, are likely to  be
small compared with the costs, and the
measures therefore would normally be Ineli-
gible for funding under the construction
grants program.
  All multi-purpose projects where less  than
100% of the  costs are eligible for construc-
tion grants under this policy shall contain a
special grant  condition  precluding   EPA
funding of non-pollution control elements.
This condition should, as a minimum, con-
tain a provision similar to the following:
"The grantee explicitly acknowledges and
agrees that costs are allowable only to the
extent they are incurred for  the water pol-
lution control elements of this project."
  Additional  special conditions should be In-
cluded as appropriate  to assure that the
grantee clearly understands which elements
of the project are eligible for construction
«ranu under Public Law 92-500.

  APPENDIX B-65 Toxic POLLUTANTS


Acenaphthene
Acrolein
Acrylonitrile
Aldrin/Dieldrin
Antimony and compounds'
Arsenic and compounds
Asbestos
Benzene
Benzidine
Beryllium and compound;
Cadmium and compounds
Carbon tetrachlorlde
Chlordane (technical mixture and metabo-
  lites)
Chlorinated benzenes (other than dichloro-
  benzenes)
Chlorinated ethanes (including 1.2-dichlor-
  oethane. 1.1,1-trichloroethane. and hexa-
  chloroethane)
Chloralkyl  ethers  (chloromethyl.  chlor-
  oethyl. and mixed ethers)
Chlorinated naphthalene
Chlorinated  phenols  (other  than  those
  listed elsewhere; Includes trichlorophenols
  and chlorinated cresols)
Chloroform
2-chlorophenol
Chromium and compounds
Copper and compounds
Cyanides
DOT and  metabolites
Dlchlorobenzenes (1.2-, 1,3-. and 1,4-dlchlor-
  obenzenes)
Dlchlorobenzidlne
Dlchloroethylenes (1.1- and 1.2-dlchloroeth-
  ylene)
2.4-dichlorophenol
Dichloropropane and dichloropropene
2.4-dimethylphenol
Dlnitro toluene
Oiphenylhydrazine
Endosulf an and metabolites
Endrin and metabolites
Ethylbenzene
Fluoroanthene
Haloethers  (other  than those listed else-
  where:    Includes   chlorophenylphenyl
  ethers.    bromophenylphenyl     ether.
  bis(dlschloroisopropyl)  ether.  bls-< chlor-
  oethoxy) methane and  polychlorlnated dl-
  phenyl ethers)
Halomethanes (other than those listed else-
  where: Includes methylene chloromethyl-
  chloride,   methylbromide.   bromoform.
  dichlorobromomethane.  trichlorofluoro-
  methane, dlchlorodlfluoromethane)
Heptachlor and metabolites
Hexachlorobutadlene
Hexachlorocyclonexane (all isomers)
Hexachlorocyclopentadiene
Isophorone
Lead and compounds
  'As used  throughout this  appendix the
term "compounds" shall Include organic and
inorganic compounds.
                                        45

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Part 403, App. C

Mercury and compounds
Naphthalene
Nickel uid compound!
Nitrobenzene
Nltrophenols  (Including 2.4-dlnitrophenol.
  dlnitrocresol)
Nltrosamlnes
Penuchlorophenol
Phenol
Phthalate esters
Polychlorinated blphenyU (PCBs)
Polynuclemr aromatic hydrocarbons (includ-
  ing                   benzanthracenes,
  benzopyrenes.benzofluroranthene.  chry-
  senes. dlbenzanthracenes. and indenopyr-
  enes)
Selenium and compounds
Silver *nd compounds
2.3.7.8-Tetrachlorodibenzo-p-dloxffi (TCDD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxaphene
Trlchloroethylene
Vinyl chloride
/.in" and compounds

      APPENDIX C—34 INDUSTRIAL
              CATEGORIES
Adhesives and Sealants
Aluminum Ev»">ii*g
Auto and Other Laundries
Battery
Coal Mining
Coil Coating
Copper Forming
Electrical and Electronic Component*
Electroplating
Explosives Manufacturing
Foundries
Oum and Wood Chemicals
Inorganic Chemicals ^^
Iron and Steel Manufacturing
Leather Tanning and Finishing
Mechanical Products Manufacturing
Nonferrou* Metals Manufacturing
Ore Mining
Organic Chemicals Manufacturing
Paint and Ink Formulation
Pesticides
Petroleum Refining
Pharmaceutical Preparations
Photographic Equipment and Supplies
Plastics  Processing
Plastic and Synthetic Materials Manufac-
  turing
Porcelain Enameling
Printing and Publishing
Pulp and Paper Mills
Rubber Processing
Soap and Detergent Manufacturing
Steam Electric Power Plants
Textile Mills
Timber Products Processing
   Titl* 40 "Protection of Environment

   APPENDIX O—SELECTED INDUSTRIAL
    S0BCATEGORICS EXEMPTED FROM
REGULATION PURSUANT TO PARAGRAPH a
   OP THE NRDC V. COSTLE CONSENT
                DECREE
  The  following  Industrial  subcategories
have been excluded from further rulemak-
ing pursuant to paragraph 8 of the Natural
Resources Defense Council v. Cattle Consent
Decree for one or more of the  following rea-
sons: (1) The pollutants of concern are not
detectable In the effluent from the Industri-
al User (paragraph ttaXili)); (2) the pollut-
ants of concern are present  only  in trace
amounts and are neither causing nor likely
to cause toxic effects  (paraorpah ttaXiii));
(3) the pollutants of concern are present in
amounts too small to be effectively reduced
by technologies known to the Administrator
(paragraph KaXlil)): or (4) trie wastestream
contains only pollutants which are compati-
ble with the POTW (paragraph 8. In
some  instances, different  rationale  were
given for exclusion under paragraph 8. How-
ever. EPA has reviewed these  subcategories
and has determined that exclusion could
have occurred due to  one of  the four  rea-
sons listed above.
  This list  includes all  subcategories that
have been excluded for the above-listed rea-
sons as of (date of publication in the FKDKB-
At Rnuml. This list will be  updated peri-
odically for the convenience of the reader.

    Auto and Other Laundries Industry

  Carpet Cleaners
  Coin Operated Laundries
  Diaper Services
  Dry Cleaners
  Power Laundries

     Batten Manufacturing Industry

  Carbon Zinc Air Cell Batteries
  Lithium Batteries
  Magnesium Carbon Batteries
  Magnesium Cell Batteries
  Miniature Alkaline Batteries
  Nickel Zinc Batteries

   Electrical and Electronic Components

  Carbon and Graphite Products
  Fixed Capacitors
  Fluorescent Lamps
  Incandescent Lamps
  Magnetic Coatings
  Mica Paper

             Electroplating

  Alkaline Cleaning
  Bright Dipping
  Chemical Machining
  Galvanizing
                                       46

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gl,apt*r I—Environmental Protection Agency
                    Part 403, App. 0
  •nunersion Plating
  Iridite Dipping
  Pickling
          Explosives Industry
  Military Explosive Manufacturing

          Foundries Industry

  Nickel Casting
  Tin Casting
  Titanium Casting

       Gum and Wood Chemicals
  Char and Charcoal Briquets
  Gum Resin, Turpentine and Essential Oils

         Iron and Steel Industry

  Basic Oxygen Furnace (Semlwet)
  Beehive Coke Process
  Electric Arc Furnace (Semiwet)

   Inorganic Chemicals Manufacturing
               Industry

  Aluminum Sulfate
  Ammonium Chloride
  Ammonium Hydroxide
  Barium Carbonate
  Borax
  Boric Acid
  Bromine
  Calcium Carbide
  Calcium Carbonate
  Calcium Chloride
  Calcium Hydroxide
  Calcium Oxide
  Carbon Dioxide
  Carbon Monoxide
  Chromic Acid
  Cuprous Oxide
  Ferric Chloride
  Ferrous Sulfate
  Fluorine
  Hydrogen
  Hydrochloric Acid
  Hydrogen Peroxide
  Iodine
  Lead Monoxide
  Lithium Carbonate
  Manganese Sulfate
  Nitric Acid
  Oxygen and Nitrogen
  Potassium Chloride
  Potassium Dichromate
  Potassium Iodide
  Potassium Metal
  Potassium Permanganate
  Potassium Sulfate
  Sodium Bicarbonate
  Sodium Carbonate
  Sodium Chloride
  Sodium Fluoride
  Sodium Hydrosulfide
  Sodium Metal
  Sodium Silicate
  Sodium Sulflte
  Sodium Thiosulfate
Stannic Oxide
Sulfur Dioxide
Sulf uric Acid
Zinc Oxide
Zinc Sulfate

          Leather Industries

Gloves
Luggage
Shoes and Related Footwear
Personal Goods

     Non Ferrous Metals Industry

Primary Arsenic
Primary Antimony
Secondary Babbitt
Primary Barium
Secondary Beryllium
Primary Bismuth
Primary Boron
Secondary Boron
Bauxite
Secondary Cadmium
Primary Calcium
Primary Cesium
Primary Chromium
Primary Cobalt
Secondary Cobalt
Secondary Columbium
Primary Gallium
Primary Germanium
Primary Gold
Secondary Precious Metals
Primary w»fni»m
Primary and Secondary Indium
Primary Lithium
Primary Manganese
Primary M^grmntiim
Secondary Mngn»«tin>i
Primary Mercury
Secondary Mercury
Primary Molybdenum
Secondary Molybdenum
Primary Nickel
Secondary Nickel
Secondary Plutonium
Primary Potassium
Primary Rare Earths
Primary Rhenium
Secondary Rhenium
Primary Rubidium
Primary Platinum Group
Primary Silicon
Primary Sodium
Secondary Tantalum
Primary Tin
Secondary Tin
Primary Titanium
Secondary Titanium
Secondary Tungsten
Primary Uranium
Secondary Uranium
Secondary Zinc
Primary Zirconium
                                      47

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         Paint and Ink Industry

  Solvent Base Process
  Solvent Wash Process

       Paring and Roofing Industry

  Asphalt Concrete
  Asphalt Emulsion
  Linoleum
  Printed Asphalt Felt
  Roofing

  Pulp, Paper, Paperboard, and Converted
             Paper Industry

  Converted Paper Industry

       Rubber Procetting Industry
  Latex-Dipped, Latex-Extruded, and Latex
Molded Goods
  Latex Foam
  Small-sized  Qeneral' Molded.  Extruded
and Fabricated Rubber Plants
  Medium-sized Qeneral Molded. Extruded
and Fabricated Rubber Plants
  Large-sized  General  Molded.  Extruded
and Fabricated Rubber Plants
  Synthetic  Crumb Rubber  Production-
Emulsion Polymerization
  Synthetic Crumb Rubber Production— So-
lution Polymerization
  Synthetic Latex Rubber Production
  Tire Ac Inner Tube Production

             Textile Industry

  Apparel ^^
  Cordage and Twine
  Low Water Use Processing (Grelge Mills)
  Padding ""* Upholstery Filling

       Timber Products Processing
  Barking Process
  Finishing Processes
  Hardboard— Dry Process
  Log Washing
  Partlcleboard
  Planing Mills
  Sawmills
  Veneer
  Wet Storage
  Wood Preserving (Inorganics) Process
                48

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            Attachment 2.2






Regulatory Updates and Court Decisions

-------
r
Federal Register / Vol. 49. No. 133  /  Tuesday. July 10.  1984 / Rules  and Regulations      28059
          the definition because of the 120 day
          limit for promulgating final new source
          standards. On February 10.1984. EPA
          suspended the regulatory definition of
          "new source" (49 FR 5131).
            To further clarify the status of new
          and existing sources under the NAMF
          decision. EPA is today promulgating a
          revised definition of "new source" that
          if essentially a restatement of the
          statutory definition. It is substantively
          the same as the previous regulatory
          definition except that consistent with
          the Court's construction of the statutory
          definition, it classifies any source
          commencing construction after the
          proposal of an applicable PSNS as a
          new source.
            EPA plans to conduct a rulemaking in
          the future to provide criteria for
          determining when modification of an
          existing source would be considered
          construction of a new source for
          purposes of the General Pretreatment
          Regulations. EPA is finalizing such
          criteria in the NPDES permit regulations
          as applied to direct dischargers (40 CFR
          122.29). It is. however, a separate issue
          from the issue resolved today and will
          be addressed in a separate rulemaking.
          Executive Order 12291
            Under Executive Order 12291. EPA
          must judge whether a regulation is
          "major" and therefore subject to the
          requirement of a Regulatory  Impact
          Analysis. This change does not satisfy
          any of the criteria specified in { l(b) of
          the Executive Order and. as  such, does
          not constitute a major rulemaking.
          Paperwork Reduction Act
            In accordance with the Paperwork
          Reduction Act of 1980. 44 U.S.C. 3501 et
          seq.. EPA must submit a copy of any rule
          that contains a collection of  information
          requirements to the Director of OMB for
          review and approval. These  changes
          contain no additional information
          collection requests and. therefore, the
          Paperwork Reduction Act  is  not
          applicable.
          Regulatory Flexibility Act
            Under the Regulatory Flexibility Act. 4
          U.S.C. 6Oi.e/ seq.. EPA is required to
          prepare a Regulatory Flexibility
          Analysis to assess the impact of all
          proposed rules on small entities.
          Although this rule is not subject to this
          requirement because it is not being
          proposed. EPA has determined that the
          rule will not have significant economic
          impact on a substantial number of small
          entities.
          Final Agency Action and Effective Date
            Today's action constitutes final
          Agency action. EPA has determined that
                           this action does not necessitate notice
                           and comment under the Administrative
                           Procedure Act (APA). 5 U.S.C 551 et
                           seq.. because it is being taken to
                           respond to the Court's decision in
                           NAMF v. EPA. Delay in compliance
                           with the court's ruling would not be in
                           the public interest Therefore, good
                           cause exists for taking this final action
                           without providing for notice and
                           comment as prescribed by the APA. For
                           the same reason, the Agency has
                           determined that good cause exists for
                           the final action taken today to become
                           effective immediately.

                           List of Subjects in 40 CFR Part 403

                             Confidental business information.
                           Reporting and recordkeeping  .
                           requirements. Waste treatment and
                           disposal. Water pollution control.
                             Dated: July 3.1984.
                           Alvin L. Aim.
                           Deputy Administrator.

                           PART 403—GENERAL
                           PRETREATMENT REGULATIONS FOR
                           EXISTING AND NEW SOURCES

                             For the reason set out in the preamble.
                           40 CFR Part 403 is amended as follows:
                             1. The authority citation for Part 403
                           reads as follows:
                             Authority: Sec. 54(c)(2) of the Clean Water
                           Act of 1977 (Pub. L. 95-217). section
                           204(b)(l)(c). 208(b)(2)(C)(iii). 301(b)(l)(A)(ii).
                           301(b)(2)(C). 301(h)(5). 301(i)(2). 304(e). 304{g).
                           307. 308. 309. 402(b). 405 and 5OT(a) of the
                           Federal Water Pollution Control Act (Pub. L.
                           92-500). as amended by the Clean Water Act
                           of 1977).

                             2. On February 10.1984 (49 FR 5131).
                           paragraph (k) of 9 403.3 was suspended
                           until further notice. The suspension is
                           lifted and paragraph (k) is revised to
                           read as follows:

                           § 403.3 Definitions.
                             (k) The term "New source" means
                           any building, structure, facility, or
                           installation from which there is or may
                           be a Discharge of pollutants, the
                           construction of which commenced after
                           the publication of proposed
                           Pretreatment Standards under section
                           307(c) of the Act which will be
                           applicable to such source if such
                           Standards are thereafter promulgated in
                           accordance with that section.
                           •    •    •    •    •
                           (FR Doc M-iaiiS Filed 7-O-M: ft43 «m|
                           •IUJNQ COOf •MO-iO M
DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric
Administration

50 CFR Part 658

[Docket No. 30519-89)

Shrimp Fishery  of the Gulf of Mexico;
Adjustment to Texas Closure

AGENCY: National Marine Fisheries
Service (NMFS). NOAA. Commerce.
ACTION: Notice of adjustment to Texas
closure.

SUMMARY: NOAA opens the fishery
conservation zone off Texas /to trawl
fishing for shrimp at 30 minutes after
sunset on July 8.1984. earlier than that
scheduled by the Texas closure
provisions (May 16.1984. through July
14.1984). This action is prescribed by
existing regulations, and its intended
effect is to allow harvest of brown
shrimp at optimal commercial size.
EFFECTIVE DATE The opening is
effective at 30 minutes after sunset on
July 6.1984. Public notice has been
issued at least 24 hours prior to the
opening as required under 50 CFR
658.24.
FOR FURTHER INFORMATION CONTACT:
Edward E. Burgess. National Marine
Fisheries Service. Southeast Regional
Office. Fishery Operations Branch. 9450
Koger Boulevard. St. Petersburg. Florida
33702; telephone number 813-893-3723.
SUPPLEMENTARY INFORMATION: The
Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico
provides for adjustments to the closing
and opening dates for the seasonal
closure of the fishery conservation zone
off Texas. Implementing rules at 50 CFR
658.24 describe the Texas closure and
specify that these adjustments be made
by the Regional  Director under criteria
set out in that section. NOAA adjusted
the Texas closure on May 16.1984 (49
FR 20710) based upon these specified
criteria.
  Available information and estimates
indicate that an early opening is
warranted and desirable. Biological data
collected by the Texas Parks and
Wildlife Department on the size of
shrimp indicate  that shrimp within the
closed area have reached an average
size which supports the early opening.
and a period of strong tidal activity
begins on  July 6.

Other Matters
  This action is  taken under the
authority of 50 CFR 658.24. and is taken
in compliance with Executive Order
12291.

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            Federal  Register / Voi 49; No. 133 / Tuesday.  July 10. 1984 / Rules  and-Regulation
approved program at the earliest
possible date.

List of Subjects In 40 CFR Part 147
  Incorporation by reference. Indians-
lands. Reporting and recordkeeping
requirements. Intergovernmental
regulations. Penalties. Confidential
business information. Water Supply.
OMB Review
  The Office of Management and Budget
has exempted this rule from the
requirements of Section 3 of Executive
Order 12291.

Certification Under the Regulatory
Flexibility Act
  Pursuant to the provisions of S U.S.C.
605(b). I certify that approval by EPA
under section 1422 of the Safe Drinking
Water Act of the application by the
South Carolina Department of Health
and Environmental Control will not
have a significant economic impact on a
substantial number of small entities,
since this rule only approves State
actions. It imposes no new requirements
on small entities.
  Authority: SDWA Section 1422. U.S.C. 300.
  Dated: July 3.1984.
Alvin L. Aba.
Assistant Administrator.
  Title 40 of the Code of Federal
Regulations is amended as follows:

PART 147—STATE UNDERGROUND
INJECTION CONTROL PROGRAMS

Subpart PP—South Carolina

  Amend 40 CFR Part 147 by revising
i 147.2050 to read as follows:

§ 147.2050  State-edmlnisterwi program—
Ctase I, II. Ill, IV.and V wella.
  The U1C program for Class I. n. IE. IV,
and V wells in the State of South
Carolina is the program administered by
the South Carolina Department of
Health and Environmental Control.
approved by EPA pursuant to section
1422 of the SDWA. Notice of this
approval was published in the Federal
Register on July 10,1984; the effective
date of this program is July 24,1984. This
program consists of the following
elements, as submitted to EPA in the
State's program application.
  (a) Incorporation by reference. The
requirements set forth in the State
statutes and regulations cited in this
paragraph are hereby incorporated by
reference and made a part of the
applicable UTC program under the
SDWA for the State of South Carolina.
This incorporation by reference was
approved by the Director of the Federal
Register.effective July 24,1984.
  (1) Pollution Control Act S.C. Code
Ann, Sections 48-1-10,48-1-80.48-1-
100,48-1-110 (Law. Co-op. 1978 and
Supp. 1983).
  (2) South Carolina Department of
Health and Environmental Control,
Ground-Water Protection Division,
Underground Injection Control
Regulations, R-61-87. Effective Date:
June 24.1983 Published in South
Carolina State Register. Volume 7. Issue
8: Amended Date: March 23.1984. as
amended by notice in South Carolina
State Register. Volume 8. Issue 3.
  (b) Other Laws. The following statutes
and regulations although not
incorporated by reference, also are part
of the approved State-Administered
program:
  (1) Pollution Control Act S.C. Code
Ann. Sections 48-1-10 to 48-1-350 (Law.
Co-op. 1978 and Supp. 1983).
  (2) State Safe Drinking Water Act.
S.C. Code Ann. Sections 44-55-10 to 44-
55-100 (Law. Co-op. 1976 and Supp.
1983).
  (3) Administrative Procedures Act
S.C. Code Ann. Sections 1-23-10 et seq.,
and 1-23-310 to 1-23-400 (Law. Co-op.
1978 and Supp. 1983).
  (4) S.C. Code Ann. Sections 15-5-20.
15-5-200 (Law. Co-op. 1978 and Supp.
1983).
  (c](l) The Memorandum of Agreement
between EPA Region IV and the South
Carolina Department of Health and
Environmental Control signed by the
EPA Regional Administrator on May 29,
1984.
  (d) Statement of Legal Authority. (1)
"Underground Injection Control
Program, Attorney General's Statement
for Class L 0. HLIV and V A and VB
Wells." signed by the Attorney General
of South Carolina on April 27.1984.
  (e) The Program Description and any
other materials submitted as part of the
original application or as supplements
thereto.
IF» Dec. M-lllSe Fited 7-O-H; *«* am)
MUMO COM (MO-tt-M
40 CFR Part 403

[FRL-2621-4]

General Pretreatment Regulations for
Existing and New Sources

AGENCY: Environmental Protection
Agency.
ACTION: Final rule.

SUMMAHV: On September 20.1983. the
United States Court of Appeals for the
Third Circuit issued an order holding
that EPA's regulatory definition of "new
source." as applied to  indirect
dischargers regulated under the Clean
Water Act (GWA). was invalid and
remanded the definition to EPA. On
February 10,1984. EPA suspended the
definition (49 FR 5131). Today. EPA is
promulgating a revised definition
consistent with the Court's decision. No
other substantive changes have been
made to the definition.
DATE The effective date of this action is
July 10,1984.
KM FURTHER INFORMATION CONTACT
Craig lakubowics. Permits Division (EN-
338). U.S. Environmental Protection
Agency, 401M Street SW., Washington.
D.C. 20460, (202) 428-4793.
SUFFtCMCMTARV INFORMATION: On June
26,1978, EPA promulgated the General
Pretreatment Regulations (40 CFR Part
403) establishing mechanisms and
procedures for controlling the
introduction of wastes from industry
and other non-domestic sources into
publicly owned treatment works
(POTWs) (43 FR 27738). EPA amended
these regulations on January 28,1981 (46
FR 9404). Included in the regulation was
a definition of "new source" (40 CFR
403.300) to be used for determining
whether a source is subject to the
pretreatment standards for new sources
(PSNS) or pretreatment standards for
existing sources (PSES).
  A "new source" is  defined in section
306(a) of the Clean Water Act as "any
source, the construction of which is
commenced after the publication of
proposed regulations prescribing a [new
source performance standard] which
will be  applicable to such source, if such
standard is thereafter promulgated  in
accordance with this section." Section
307(c) of the Act directs EPA to define
the category of new sources for indirect
dischargers in an equivalent manner.
  EPA interpreted this statutory
provision to mean that a source would
be a "new source" if its discharge is
commenced (1) after promulgation of a
pretreatment standard under section
307(c) of the Act applicable to such
source, or (2} after proposal of a
standard, but only if the standard was
promulgated within 120 days of its
proposal. This approach was based
upon EPA's reading of section
306(b)(l)(B). which contemplates that
EPA would promulgate standards for
new sources within 120 days of
proposal.
  In National Association of Metal
Finishers v. EPA.  719 F.2d 624 (3rd Cir.
1983). the United States Court of
Appeals for the Third Circuit held that
EPA's definition of "new source" was
contrary to the plain meaning of the
OVA and remanded the definition  to
EPA. Essentially,  the Court struck down

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                  1/5
Friday
August 3, 1984
Part IV   .



Environmental

Protection  Agency

40 CFR Part 403
General Pretreatment Regulations for
Existing and New Sources; Removal
Credits; Final Rule

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31212      Federal  Register  /  Vol.  49. No. 151 / Friday. August 3. 1984  /  Rules and Regulations
ENVIRONMENT AL PROTECTION
AGENCY

40 CFR Part 403

IFRL 2557-7]

General Pretreatment Regulations (or
Existing and New Sources; Removal
Credits

AGENCY: Environmental Protection
Agency.
ACTION: Final rule.    	

SUMMARY: On September 28,1982. the
Environmental Protection Agency (EPA)
proposed extensive revisions to the
removal credits section of the General
Pretreatment Regulations (40 CFR Part
403). EPA proposed these changes to
make the removal credits provision
simpler and more workable. After
considering all significant comments
submitted on the proposed changes. EPA
is today promulgating in final form the
revised removal credits section of the
pretreatmeht regulations.
DATES: This regulation shall become
effective September 17.1984. For
purposes of judicial review, this
regulation is issued at 1:00 PM eastern
time on August 19,1984.
FOR FURTHER INFORMATION CONTACT:
Craig Jakubowics, Permits Division (EN-^
336), U.S. Environmental Protection
Agency. 401M St. SW, Washington.
D.C 20460. (202) 428-4793.
SUPPLEMENTARY INFORMATION:
L Background
  On June 28,1978. EPA promulgated, in
40 CFR Part 403. the General
Pretreatment Regulations which
established mechanisms and procedures
for controlling the introduction of
wastes from industry and other non-
domestic sources into publicly owned
treatment works (POTWs) (43 FR 27736).
Following promulgation, several parties
brought actions in Federal  court
challenging these regulations. Pursuant
to the terms of a settlement agreement
entered into by EPA and some of the
parties to the litigation, the Agency
promulgated amendments to the General
Pretreatment Regulations for Existing
and New Sources on January 28.1981 (46
FK 9404). These amendments were
originally scheduled to take effect on
March 13.1981. However, acting under
the President's memorandum of January
29.1981, EPA postponed the effective
date until March 30.1981 (46 FR 11972,
February 12,1981). On March 27,1981.
the Agency indefinitely suspended the
effective date of the amendments
pursuant to Executive Order 12291  (48
FR 19936. April 2.1981).
    On October 13,1981, EPA terminated
  the indefinite postponement of the
  January 1981 amendments and
  established January 31.1982. aa their
  effective date (46 FR 50502). On the
  same day, EPA invited comment on a
  proposal that the effective date of the
  amendments be further postponed (40
  FR 50503). Most of the 1981 amendments
  were allowed to go into effect on
  January 31.1982. However, a few of the
  amendments, including the removal
  credits provision, were further
  postponed (47 FR 4518. February 1,
  1982). On July 8.1982. the United States
  Court of Appeals for the Third Circuit
  held that EPA's original indefinite
  suspension violated the Administrative
  Procedure Act and directed EPA to put
  all the pretreatment amendments,
  including the removal credits.section.
  into effect retroactive to March 30,1981
  (Natural Resources Defense Council v.
  EPA. 683 F. 2d 752 (3d Cir. 1902]).
    An important part of the June 1978
  General Pretreatment Regulations and
  the January 1981 amendments was the
  section governing removal credits
  (section 403.7). That section was       '
  designed to implement a 1977
  amendment to section 307(b)(l) of the
  Clean Water Act (CWA). which allows
  a POTW to provide industrial users with
 . a "credit" (in the form of reduced
  pretreatment requirements) for removal
  of pollutants by the POTW. Industrial
  users which qualify for such a credit are
  allowed to discharge larger quantities of
  regulated pollutants to the POTW than
  would otherwise be allowed by the
  applicable categorical pretreatment
  standard. The removal credits section
  established the conditions under which
  POTWs would obtain authority to grant
  removal credits and provided the means
  by which these removal credits should
  be determined.
    Notwithstanding the streamlining
  included in the 1981 amendments, the
  removal credits provision was still
  criticized by some as being so
  burdensome and unworkable as to
  discourage POTWs from applying for
  removal credit authority. In fact this
  removal credit rule was one of the
  provisions of the General Pretreatment
  Regulations challenged, albeit
  unsuccessfully, in the pretreatment
  litigation (National Association of Metal
  Finishers (NAMF) et al. v. EPA. 719 F.
  2d 624 (3d Cir. 1983)). In addition to the
* general allegation of ^workability,
  several specific aspects of the regulation
  were attacked. Industry groups and
  some POTWs were critical of the
  requirement that a POTW have an
  approved pretreatment program, arguing
  that this condition for removal credit
  authority went beyond any requirement
specified in 5 307(b)(l) of the Clean
Water Act These groups also asserted
that unless a POTW maintained its
initially approved removal rates, the
ongoing POTW monitoring and reporting
of its removals could result in a change
of its removal rates and the industries
adjusted discharge limits every six
months, thus creating a "moving target"
that would make continuing compliance
for industrial users difficult if not
impossible, to achieve. The overflow
requirements also were objected to as
impossible to comply with. All these
arguments were rejected by the U.S.
Court of Appeals for the Third Circuit in
upholding the 1981 removal credits
provision.
  In response to the criticisms of past
removal credits rules, on September 28.
1982. EPA proposed further
modifications to the removal credits
section to create a clearer, more flexible
and workable provision. EPA today is
promulgating in final form a revised
removal credit regulation, incorporating
some of the modifications proposed in
September 1982.
IL National Removal Rates

  The most controversial proposed
change to the removal credits section
was the provision for "national removal
rates." This would have permitted a
qualified POTW to rely on national
removal rates developed by EPA. rather
than on rates established through the
collection of data by the POTW to
demonstrate its actual removal
performance. Some commenters
responding to the September  28,1982.
proposal supported the proposed
national removal rates. Some of these
commenters contended that the
proposed national credits concept was
too restrictive in its application because
it only applied to certain eligible
POTWs (i.e., those achieving secondary
treatment levels and fulfilling certain
other requirements). Other commenters
argued that the proposed national rates
were too low. and thus  would not grant
adequate relief to a POTWs industrial
users. Another group of commenters
argued that the proposed national
removal credits approach was illegal.
These commenters also argued that the
national credits concept was  unsound as
a matter of policy because the proposed
removal rates exceeded the actual
removal capability at approximately*
50% of the eligible POTWs.
  Because  of the controversy over the
national removal credits policy issue
and the challenge to the legality of this
approach, EPA has reevaluated the
national removal credits concept The
Agency has concluded, upon

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                                                                                              s
              Federal Register / Vol 49. No. 151 /  Friday.  August 3. 1984 / Rules and Regulations       31213
  ^consideration, that Congress intended
   it a removal credit be granted for a
 .articular pollutant only to the extent
 that a particular POTW can
 demonstrate that it removes the
 pollutant The language of the statute,
 buttressed by the legislative history.
 indicates that removal credits are to be
 based upon case-by-case removal
 determinations, rather than upon a
 nationally determined rate. Moreover.
 EPA has concluded upon
 reconsideration that on balance, policy
 considerations in implementing the
 pretreatment program envisioned by
 Congress favor the case-by-case
 determination of removal credits rather
 than reliance upon national credits.
  ' Under section 307 (b) and (c) of the
 CWA. EPA is required to promulgate
 pretreatment standards for the
 introduction of toxic pollutants into a
 POTW. These standards must be
 designed to prevent the discharge of any
 pollutant which interferes with, passes
 through or otherwise is incompatible
 with a POTW.
   In 1977, Congress amended section
 307(b)(l) of the CWA to specifically
 provide for removal credits. The
 relevant language of section 307(b)(l] is
 as follows:
  IL in the case of any toxic pollutant • • •
 '-•reduced by a source into a (POTW], the
   itment by such works removes all or any
   t of such toxic pollutant and the discharge •
  am such works doe* not violate that
 effluent limitation or  standard which would
 be applicable to such toxic pollutant If it
 were discharged by such source other than
 through a (POTW]. and does not prevent
 sludge use or disposal by such works in
 accordance with section 405 of this Act then
 the pretreatment requirements for the sources
•actually discharging such toxic pollutants
 into sach [POTW]. may be revised by the
 owner or operator of such works to reflect the
 removal of such toxic pollutant by such
 works.
 (Emphasis added).  As the highlighted
 language indicates, Congress intended
 that a removal credit be granted only
 where some removal, whether by
 treatment or incidentally, by a particular
 POTW is actually achieved at the
 POTW.
  A clear indication of this statutory
 intent is found in the legislative history
 of the Clean Water Act In the House
 debate on the conference report
 accompanying the Act Congressman
 Roberts stated that any credit to an
 industrial user of a POTW must "reflect
 the degree reduction of * * * [a]
 pollutant achieved  by the treatment
 works." (A Legislative History of the
 Clean Water Act of 1977 (hereinafter
   ••d as Legis. H/si, vol. 3. p. 343)].
    hermore. in the Senate debate on
    Conference report. Senator Muskie
  stated that "EPA and the permitting
  States may approve case-by-case
  modifications of the national      '   •
  pretreatment standards—or local
  credits—for documented pollutant
  removals attained by a [POTW]." (Ligis.
  Hist., vol. 3, p. 461). In fact Congress
  rejected the idea of establishing a
  national credit due to the variability
  among POTWs'  abilities to remove a
  particular pollutant As stated in the
  Senate report on the 1977 proposed
  amendments to the Act
   Another reason  for minimizing the
  consideration of removals in the development
  of national pretreatment standards is that the
  performance of treatment works on industrial
  waste, except in those few cases where the
  system is specifically designed to treat a
  certain type of Industrial waste, is.extremely
  variable. Data that have been presented to
  this committee indicate that secondary
  treatment removal efficiency for metals
  varies between 10 and 70 percent Variability
  of such magnitude makes the assumption of
  specific levels of removal, when setting .
  national standards, almost impossible.
  (Leg"- HilL. roL 4, p. 091).
  Finally, in the recent decision of the
  United States Court of Appeals for the
  Third Circuit in the pretreatment
  litigation (NAMFet al. v. EPA. supra),
  the court stated that section 307 (b) (1)
  of the Act allows for a removal credit
  only in those instances in which a
  POTW is actually removing a pollutant
  The court also cited and assigned
  significance to the legislative history
  discussed above in support of its
  reading of the statute. Based on the
  statutory language, legislative history.
  and recent court decision hist discussed.
 EPA believes it lacks legal authority to
 establish national removal credits.
   Equally important EPA has carefully
 reconsidered national removal credits in
 light of the statutory policy underlying
 the general requirements to promulgate
 pretreatment standards to prevent
 interference, pass through and sludge
 problems. While EPA continues to
 recognize the administrative advantage
 inherent in the use of national removal
 credits, the Agency believes that case-
 by-case determinations of actual POTW
 removals is the only reliable means to
 assure that credits granted are
 consistent with actual POTW removals.
 This in turn will  assure that removal
 credits will not result in a net reduction
 of treatment by the POTW and its
. regulated industrial users.
   Based upon all the above
 consideration. EPA has decided not to
 promulgate national removal credits.
 EPA has retained the basic regulatory
 approach embodied in previous removal
 credits provisions that authorize
 POTWs to apply for removal credits
 based upon case-by-case
 demonstrations. However, as discussed
 below, the Agency has modified the
 regulation in some respects to make the
 program more efficient and to grant as
 much certainty as possible to POTWs
 that are granted removal credit
 authority and industrial users that rely
 upon removal credits.
 HL Discussion of the Final Removal
 Credit Provision

  Today's final rule requires  POTWs to
 demonstrate consistent removal by
 sampling their actual individual plant
 performance, as was required under the
 1978 and 1981 regulations. However,
 POTWs may use historical sampling
 data or use sampling schemes other than
 the 12 month sampling scheme generally
 prescribed. Important changes to the
 regulation are the elimination of the
 complicated adjustment for combined
 sewer overflows and the simplification
 of approval procedures, including the
 addition of a provision that allows a
 POTW to apply for removal credit
 authority at any time. A detailed
 discussion of all the changes  is provided
 below.
 Section 403.7(a)—Introduction
  This introductory paragraph remains
 almost the same as in the September 28,
 1982, proposal. For the reasons
 discussed above, however, the
 provisions pertaining to POTWs
 applying for the national removal rates
 have been omitted. In addition, the
 definition of "Sludge Requirements" in
 S 403.7(a)(l](ii) now includes  a reference
 to the Marine Protection. Research and
 Sanctuaries Act (MPRSA). which was
inadvertently omitted in the proposal
Otherwise, the introduction is the same
as at proposal
  Section 403.7(a) sets out the
definitions and ground rules under
which POTWs can obtain authorization
to give removal credits. Paragraph (a)(2)
makes it clear that the POTW has
complete discretion in deciding whether
to award removal credits. A POTW
qualifying for removal credit authority
may decline to give removal credits at
all to a certain industrial category or to
one or more industrial users in a
category, or it may award a lower
removal credit than it is authorized to
give. In addition, paragraph (a)(2) now
stipulates that once a POTW  has been
authorized to grant removal credits and
has extended those credits to the
appropriate industrial users, it will be
 the industrial users that actually will
calculate their revised discharge limits.
 As proposed, the POTW was  obligated
 to perform this task for all its  industrial

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31214       Federal Register / Vol. 49. No. 151  / Friday. August 3. 1984 / Rules  and Regulations
users receiving removal credits. Because
calculating revised limits merely
requires inserting the authorized
removal credit and applicable
categorical pretreatment standard into
the mathematical formula specified at
paragraph (a)(4) of the regulation, the
Agency believes that it will be simpler
and less administratively burdensome if
each affected industrial user performs
this function for itself rather than relying
on its POTW to do so. This also applies
if. at some future time, the removal
credits • POTW is authorized to grant
are modified.
  Paragraph (a)(3) outlines the five
prerequisites for a POTW to obtain
authorization to give removal credits.
The POTW must (1) Apply for and
receive authorization to grant removal
credits: (2) demonstrate consistent
removal; (3] have an approved local
pretreatment program or qualify for the
exception to this requirement; (4) meet
all applicable sludge requirements; and
(5) continue to comply with all its
NPDES permit limits and conditions.
Paragraph (a)(4) identifies the basic
equation from which one calculates the
revised discharge limits. This equation
is the same as the one contained in the
1978 regulations and the 1981
amendments.
  Paragraph (a)(3)(lv) also advises
POTWs that if granting removal credits
forces them to incur greater sludge
management costs than they would
incur in the absence of granting removal
credits and the POTW is eligible for
Federal construction grant funding
under the Clean Water Act EPA will not
pay for the additional sludge
management costs. The final removal
credits section, like the 1981
amendments, also provides that the
POTW must remain in compliance with
local state and Federal requirements
applicable to the sludge management
method employed by the POTW after
granting removal credits. The following
table, reprinted from the September 28,
1982. proposal, summarizes the EPA
regulations which potentially apply, at
present to sludge disposal
                             MAJOR FEDERAL REGULATIONS RELATING To SEWAGE SLUDGE DISPOSAL
                                                                                                       •utnontj
   •.SoWi
   b-H.

   CFCB'I
                                                                  40 CFR Pvtt 260 « I

                                                                  01 era KM M
   APCB-tdtaaool.
4. Com Owvra	

                                                                  40CFR Hit 220Mi
                                                           t/79 RCRA/CWA.
                                                           9/79 RCRA/CWA.

                                                           tm RCRA/CWA.
                                                           S/MRCRA.
                                                           s^grscA.

                                                           lO^SCAA.
                                                           10/7SCAA.
                                                           S/8a 1/81 ROTA.
                                                           S/79TSCA.
                                                           1/77MFRSA.
     PCTA«ni«jUL« CononMan ind Pimmr)
     CWA.OMK W«MT Act
     TSCA-Tone Sumanm Contel Act
     CAA-OwnAiAo.
                            «nd S»ic»ah«« Act
  Only rarely will POTW sludge be
considered a hazardous waste subject to
the requirements of 40 CFR Part 260, at
teg, or exhibit a sufficiently high
concentration of PCBs to become
subject to the requirements of 40 CFR
Part 781. EPA anticipates, therefore, that
POTWs applying for removal credits •.
will usually by subject only to the
landspreading and land application
requirements of 40 CFR Part 257; the
sludge incineration requirements of 40
CFR Parts 60 and 61; or the ocean
disposal requirements of 40 CFR Part
220 et seq. (in addition to State and local
requirements).
  Also included in the final regulation,
at 8 403.7(a)(3)(iv). Is a provision
designed to accommodate POTWs that
are not presently in compliance with
sludge requirements applicable to their
chosen sludge disposal practice but will
be in compliance when the industrial
users install the technology needed to
comply with their categorical
pretreatment standard(s) (as adjusted
by the removal credit). The provision is
intended to benefit industrial users who
otherwise would be unable to get a
removal credit until after they had
already installed the technology
necessary to meet the full pretreatment
standard. A POTW that can
demonstrate that it will be compliance
with any applicable sludge requirements
when the industrial users meet the
applicable pretreatment standard (as
modified by the removal credit) will be
deemed to have satisfied the sludge
requirements provision.
  Section 403.7(a)(3)(v) of the final rule
also requires, as a prerequisite to
removal credit authorization, that the
POTW remain in compliance with its
NPDES permit  limits and conditions
after giving removal credits. As
proposed, a POTW was only required to
maintain compliance with any toxic
limits in its permit for which it is
granting a removal credit Today's final
rule clarifies the Agency's intent that
removal credit authority not be granted
if a violation of the POTWs permit
limitations or conditions would result
  For example, if a POTWs section
301(h) waiver application has been
approved, the POTWs NPDES permit
may contain conditions to assure that
the POTW maintains water quality that
protects a balanced indigenous
population of aquatic biota. If the
Approval Authority determines that
granting removal credits would cause
such permit conditions to be violated,
then the removal credit application must
be denied.
  Section 403.7(a)(3)(v) can also be
satisfied in a manner analogous to that
provided in { 403.7(a)(3)(iv). That is. the
POTW can demonstrate that it will be in
compliance with its permit limitations
and conditions when industrial users
comply with their categorical
pretreatment standards, as modified by
the removal credit

Section 403.7(a)(3)(iii) and (d)—Local
Pretreatment Program Requirement and
Exception Thereto

  Paragraph (a](3](iii) of the final rule is
the same as proposed on September 28,
1982. and for the most part similar to its
counterpart in the 1981 general
pretreatment amendment It provides
that a POTW must develop a local
prctreatment program as a prerequisite
to obtaining removal credit

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              Federal Register / Vol.  49. No. 151 / Friday. August 3. 1984 / Rules and Regulations      31215
  authorization unless development of
   •ch a program is not required by Part
    J.
    Paragraph (d) provides that a POTW
  can grant "conditional" removal credits
  prior to approval of its local program if
  the POTW submitted a complete
  application for pretreatment program
  approval, meeting all the requirements
  of § § 403.8 and 403.9 of the General
  Pretreatment Regulations, in accordance
  with the compliance schedule in its
  NPDES permit or by July 1.1983, where
  no permit deadline exists. All industrial
  users who wish to receive conditional
  removal credits must supply the POTW
  with the baseline monitoring report
  information required by 5 403.12(b) (1)-
  [7] (except for new or modified
  industrial users who must only submit
  the information required by § 403.12(b)
  (1M6)). Finally, the POTW must make a
  demonstration of its consistent
  removals, in accordance with  the
  requirements specified in § 403.7(b) of
  the regulation, submit a complete
  application and comply with all the
  other conditions for receiving removal
  credit authority as specified in the
  regulation.
    Conditional removal credits are
  available in only a limited number of
  cases. Only a POTW that submitted a
  complete program application in
  T.cordance with the compliance
    edule in its permit or by July 1.1983,
    ire no schedule deadline existed, and
  ..e Approval Authority has not yet
  formally acted upon that application.
  would the POTW be eligible for
  conditional removal credits authority. If
  a POTW failed to submit its program in
  such a timely manner, it is not eligible
  for conditional credit authority. In
  addition, a POTW is ineligible for
  conditional removal credit authority if it
  is on a new compliance schedule by
  virtue of an administrative order or
.  some other enforcement mechanism,
  and  a date beyond July 1,1983. has been
  established as the deadline for
-  submission of a complete, approvable
  program. For a POTW that did submit .
  its application on time and had been
  granted conditional credit authority, but
  upon review its program submission is
  determined non-approvable, such a
  POTWs conditional credit authority
  will  be withdrawn.

  Section 403.7fb}—Demonstrated
  Consistent Removal
   The primary criticism of the removal
  credits provisions in the past was that
  the requirements for demonstrating a
  POTWs consistent removals were
  unworkable. National removal credits
    -e proposed by EPA as one way to
      3ss this concern. Although national
 credits cannot be promulgated for the
 reasons discussed above, the Agency
 anticipates that the demonstration
 procedures finalized today will
 adequately address some of the
 concerns that would have been
 addressed by the national removal
 rates.
   Generally, a POTW will collect 12
 influent and effluent samples at
 approximately equal intervals
 throughout one full year, analyze these
 samples for the appropriate pollutants
 and calculate its consistent removal. In
 lieu of or as a supplement to this
 sampling, a POTW may use a historical
 data base or  an alternative sampling
 design to demonstrate its consistent
 removals. EPA recognizes, however, that
 there might be problems with this
 approach in some cases. Under some
 circumstances, a pollutant known to be
 contributed to a POTWs system may
 not be detectable in either the influent
 or effluent sample, or both. There are •
 several possible explanations for this
 result In some cases, a  pollutant-will be
 undetectable in the influent because the
 industrial discharges to a POTW will be
 diluted by all the other wastewaters
 contributed to the POTWs system. In
 other cases a pollutant will be degraded
 or will volatilize in the sewer system. In
 still other instances, installation of
 ptetreatment  technology by industries
 discharging to a POTW  may have
 reduced pollutant loadings to such low
 levels that pollutants cannot be
 detected.
  If a pollutant is measurable in some
 influent and effluent samples, or is
 measurable in some influent samples
 but not measurable in any effluent
 samples,  8 403.7(b)(4) specifies that all
 of the samples are to be used to
 demonstrate a POTWs  consistent
 removal. Influent and effluent
 observations  below the  level of
 detectability are to be set at a value
 equal to the detectability limit
  If a POTW  cannot measure a
pollutant in some of its influent and/or -
effluent samples and it chooses not to
utilize any sampling data, or if it is
 unable to measure a pollutant in any of
its influent samples, i 403.7(b)(4)
specifies that a POTW may make some
other alternative showing to
demonstrate its removal capability. For
example, a POTW may rely on   .
 treatability studies from POTWs with
similar characteristics (e.g.. comparable
categorical industrial dischargers;
 comparable industrial/nan-domestic
 and domestic wastewater flows;
 comparable POTW treatment systems).
The Approval Authority must approve
 of the POTWs alternative
 demonstration.
  In addition to these provisions, two
 other features finalized today make a
 demonstration of actual consistent
 removal easier and more flexible. First
 instead of taking the average of the
 lowest 50 percent of measured removals
 as was required under the 1981 amended
 regulations, consistent removal is
 calculated in the final rule as the
 difference between the average influent
 and effluent concentrations in all of the
 sample data. This method, which does
 not exclude sample observations,
 provides  a more accurate and equitable
 estimate  of the actual removal generally
 achieved than the method employed in
 the 1981 regulation. Second, rather than
 prescribe rigorously the manner in
 which the samples are to be collected.
 the final rule describes these sampling
 procedures in an appendix as guidance.
  Although the options discussed above
 may reduce the problem of non-
 detectability in a number of cases, EPA
 recognizes that there may be occasional
 instances in which a POTW will be
 unable to satisfy any of the
 demonstration requirements. This
 potentially could create an inequity
 between certain POTWs. A POTW with
 a high concentration of pollutants in its
 influent can measure and thus
 demonstrate removals. A POTW with a
 low concentration of pollutants in its
 influent may be unable to detect
 incoming pollutants, even though some
 are known to be discharged to its
 system. Unless such a POTW can make
 an alternative demonstration, as
provided  for in the removal credits
regulation, it will be ineligible for
removal credit authority. EPA
acknowledges that if national removal
rates were made available, some
POTVV's with low levels of pollutants in
their influent would be eligible for
removal credit authority. However, in
view of Congress' intention that a
POTWs removal rates be case-specific
based on  demonstrated actual removals,
as discussed in detail above. EPA
believes that prohibiting a grant of
removal credit authority is justified
when a POTW is unable through any
means to  show any removal of a
regulated pollutant
Section 4O3.7(c)—Provisional Removal
Credits

  Ordinarily, removal credits will be
sought for pollutants which are being
discharged currently in measurable
concentrations into a POTW.
Occasionally, however, a new or
modified industrial facility will want a
removal credit for a pollutant which is

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  31216      Federal Register / VoL 49. No. 151  /  Friday,  August 3. 1984  /  Rules and Regulations
  aot being discharged at measurable
  concentrations into the POTW from any
  facility. .The POTW is obviously
  incapable of demonstrating actual
  removal prior to the discharge of the
  pollutant into the POTW treatment
  system. Therefore, the final rule
  provides at paragraph (c) that consistent
  removal may be provisionally
  demonstrated using data from
  treatability studies, provided that actual
  consistent removal is demonstrated in
  the conventional manner within 18
  months of the commencement of the
  discharge.
    Procedures for modifying or
  withdrawing provisional removal credits
  were not included in the proposed
  removal credits provision. Today's final
  rule includes such procedures. The
  process is the same as for withdrawal of
  conditional removal credits.
  Section 4O3.7(e}—POTW Application for
  Authorization To Give Removal Credits
  and Approval Authority Review
    The provisions governing removal
  credits applications are the same as
  proposed on September 28.1982. and are
  considerably more streamlined than
  their counterparts in the 1981
  amendments. Basically all that has to be
  submitted in a list of the pollutants for
  which removal credits are sought: data
  demonstrating actual consistent
  removal: the proposed new limits: a
  certification that the POTW has an
  approved local pretreatment program or
  qualifies for the exception to this
  requirement a description of the
  POTWs current method of managing its
  sludge; and a certification that granting
  removal credits will not cause the
  POTW to violate applicable sludge
  requirements and NPDES permit limits
  and conditions. In contrast with the 1981
  amendments, which restricted the
  submission of applications to certain
  times, the revised section provides that
  qualified POTWs can submit
  applications at any time. The Approval
  Authority is required to review the
•POTWs application in accordance with
•he procedures in \ 403.11. which
•{provide for completion of review within
  90 days from public notice of the
  application unless a public hearing is
    Id or the public comment period
   Mended, in which case the Approval
  Authority may have up to another 90
 _days.

    ction 4O3.7(f)—Continuation or
   Vithdrawal/Modificotion of
  Authorization To Grant Removal
  Credit*
•  The final rule, like the September 28.
•982. proposal states that once a POTW
  has received authorization to give
removal credits for a pollutant regulated
in a categorical pretreatment standard.
the POTW may automatically extend
that removal credit to the same pollutant
when regulated in other categorical
standards unless granting the removal
credit will cause the POTW to violate
any applicable sludge requirements or
permit conditions. This provision makes
explicit what was never expressly
stated in the January 1981 amendments;
that is. once removal credit
authorization is received for a particular
pollutant the POTW may, without
reapplication. give the same  credit for
that pollutant when regulated in other
categorical standards. The POTW may.
of course, elect not to extend the
removal credit for a particular pollutant
to other categorical standards or
particular facilities in an industry '
category.
  Upon being granted removal credit
authority, the removal credits will be
included in the POTWs NPDES permit.
Because the procedures to initially
authorize a POTW to grant removal
credits are essentially the same as those
to modify or revoke and reissue a
POTWs permit to incorporate the
removal credits (i.e, notice, comment
and opportunity for a public hearing).
the Approval Authority should consider
commencement of the process to amend
the POTWs permit simultaneously with
the formal review of a complete
application for removal credit authority.
This would reduce the administrative
burden of acting separately on the
removal credits application and permit
change.
  As a condition of continued
authorization to give removal credits,
the POTW must continue to comply with
all the requirements of paragraph
(a)(3)(iiiHv). Compliance with these
requirements may be examined by the
Approval Authority at any time, tut at
the very least must be ascertained upon
reissuance of the NPDES permit The
penalty for failure to comply  with the
paragraph (a)(3) requirements is
withdrawal or modification of the
removal credits. The regulation specifies
the procedures to be followed when
initiating an action to modify or   *
withdraw.
  Today's filial removal credits
regulation does differ considerably in
one aspect from that which was
proposed. Prior removal credits rules
were criticized as unworkable in part
because of the potential uncertainty
they created. POTWs were required to
submit periodic  compliance reports that
included sampling data to indicate
whether or not they were maintaining
their approved consistent removal rates.
 Failure to maintain that removal rate
 could potentially result in an immediate
 adjustment of its approved removal
 rates to reflect the change. In turn, the
 industrial users applicable categorical
 pretreatment standards reflecting the
' removal credit would also have to be
 readjusted to reflect the POTWs new
 removal rates.
   The final rule promulgated today
 diminishes the uncertainty of changing
 removal credits and shifting industrial
 discharge limits. Once a POTW satisfies
 the demonstration requirements and
 does not violate  the criteria specified in
 paragraph (a)(iii'Hv). the removal
 credits will generally remain set for the
 term the POTWs NPDES permit. The
 removal credits could be modified or
 withdrawn during the permit term only
 in the case of consistently and
 substantially poor POTW performance.
 As a means of monitoring for
 occurrences of those circumstances in
 which a readjustment would be
 necessary, POTWs are required to
 submit compliance reports at least
 annually to the Approval Authority for
 its review that include sampling data to
 indicate their removal  capability. A
 minimum of one  sample per month •
 during the reporting period is required
 and all the sampling data must  be
 included in the report  As the POTWs
 removal performance will be
 reevaluated when its permit expires,
 sampling data included in these
 compliance reports also can be used to
 justify continuation of the removal
 credits or to calculate its new removal
 capability at the  end of the permit term.
   A removal credit determination is
 based on the removal efficiency (i.e.,.
 percent removal) of a pollutant  at the
 POTW. Variability in removal efficiency
 is inherent in any treatment system,
 even those that are specifically designed
 to remove particular pollutants. POTWs,
 however, are generally designed to
 remove suspended solids and
 biodegradable organic materials, not
 heavy metals, cyanide  or non-
 biodegradable toxic organics. The
 removals of toxic pollutants are for the
 most part incidental to the secondary
 treatment employed by POTWs.
   In addition to the design of the POTW.
 there are a number of other factors that
 contribute towards the* variability hi
 removal efficiency. These include the
 state of the pollutant (whether soluble or
 insoluble]; pollutant concentrations in
 the influent dilution of the raw
 wastewaten or the detection limit of a
 particular pollutant Because of the
 combined effect of these factors and
 site-specific conditions at a POTW. it is
 impossible to determine the expected

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              Federal  Register / Vol. 49. No. 151 / Friday. August 3, 1984 /  Rules antf Regulations      31217
 varibility on a pollutant-by-pollutant
 basis across all POTWs.
   The Agency recognizes that some
 variability will exist and that nothing
 can be done to totally eliminate it
 Recognizing this variability factor, the
 Agency strongly believes that a fair
 balance must be struck between
 ensuring continued consistent removal
 of a pollutant which formed the basis for
 the removal credit and the need of
 POTWs and their industrial users to
 have a degree of certainty in the
 removal credit and the adjusted
 categorical pretreatment standards
 reflecting the credit To obtain this
 balance, the Agency has established a
 criterion for making a finding that a
' POTW is no longer achieving proper
 removals of a given pollutant
   Before the Approval Authority begins
 a proceeding to modify or withdraw the
 removal credits prior to permit
 expiration, it must make  a finding that
 "the POTWs consistent removal rate is
 consistently and substantially lower
 than the removal credit specified in the
 POTWs NPDES permit" This criterion
 is established so that a POTW does not
 lose its removal credit authority during
 the permit term because of minor  -
 problems at the POTW or situations
 outside of the POTWs control that
 temporarily reduce its originally
 lemonstrated removal efficiency.
 .-fowever. if it a determined that the
 POTWs consistent removal rate is
 consistently and substantially lower
 than the removal credit this indicates
 serious problems at the POTW and
 justifies invocation of the modification
 or withdrawal provisions of the
 regulation. This regulatory approach.
 assuming that initially established
 removal credits will be effective for the
 life of the POTWs NPDES permit absent
 substantially worsened POTW
 performance or a violation of the
 conditions specified in paragraph (a)(3)
 of the rule, should provide the desired
 balance of consistent removals and
 POTW/industry certainty.
   The "consistently and substantially
 lower" criterion was purposefully
 adopted to allow all the relevant facts of
 any particular situation to be considered
 in deciding whether removal credits
 should be modified. A more specific
 criterion [e.g.. designating a particular
 percent reduction in a POTWs removal
 rates as substantial) would be
 technically inappropriate, since the
 degree of unavoidable variability in a
 POTWs removal rate is likely to vary
 from plant to plant It is thus more
 appropriate that the Approval Authority
  rake a decision, on a case-specific
   asis. whether a POTWs removals have
 substantially worsened on a consistent
 basis. If the Approval Authority initiates
 the procedures to modify or withdraw
 the credit based upon such a decision.
 the affected POTW and its industrial
 users would have an opportunity at that
 time to challenge the decision and
 demonstrate that the POTWs removals
 have not consistently and substantially
 worsened.
  While the averaging of 12 monthly
 samples will tend to stabilize the
 POTWs removal rate, it should be
 noted that some variations in the yearly
 rates must be expected. Key to the
 impact of this yearly variation on both
 POTWs and industry is the magnitude
 of the credit a POTW is considering to
 grant The following table shows the
 effluent limits that an electroplater
 would have to meet depending on the
 removal credit granted to the POTW. -


«l
•M
tn
An
IA
"Q
in
•A
f^t

Odrnum
(mg/q
1.2
1.5
1.T1
2.0
2.4
10
4.0
&0
124
Zinc Img/
' 4.2
US
6.O
7.0
14
103
14.0
21.0
42.0
  The granting of a removal credit
anywhere in the range of 40 and 60
percent results in a range of industrial
effluent limits which can probably be
met by the same industrial treatment
technology—2.0 to 3.0 mg/1 for cadmium
and 7.0 to 10.S mg/1 for zinc. The impact
of a reduced removal credit on an
industrial user would be small since the
same technology would have been
employed. However, this is not the case
for  those POTWs that intend to grant
credits in the 80-to-90 percent range.
Removal credits from 80 to 90 percent
would allow industrial users to install
little or no technology to meet the limits.
The failure of the POTW to demonstrate
these high removals will have major
impacts-on the industrial users which
may be required to install additional
technology if the removal credit is
reduced. POTW operators should be
aware that the demonstration of high
removals (75-90 percent) is difficult and
should be thoroughly evaluated to
provide their industrial users long-term
and stable effluent limits.
  Another difference between today's
final rule and the September 28,1982,
proposal are the procedures for
modifying or withdrawing removal
credits when circumstances arise that
warrant a change. As proposed, if a
POTW failed to maintain its consistent
removal rate or violated some other
 eligibility criteria (e.g., violated sludge
 requirements or its permit limits), the
 POTW had to notify the Approval
 Authority, return to compliance within
 six months and satisfy the Approval
 Authority that the  problem would not be
 likely to recur. If. at the end of this six-
 month period, the POTW did not return
 to compliance or satisfy the Approval
 Authority that the  problem is non-
 recurring in nature, the Approval
 Authority would have had to revoke or
 modify the removal credits. The
 Approval Authority could, however.
 have extended the time for compliance
 for up to one year if the POTW
 demonstrated good faith efforts to return
 to compliance. Where the removal rates
 were modified or withdrawn, industries
 would have had to comply with the
 modified discharge limits or original
 categorical standard, whichever was the
 case, within 18 months.   .
  After reevaluating this proposed
 change, taking into account public
 comments received, EPA has decided
 not to finalize the procedures as
 proposed. Instead,  the modification/
 withdrawal procedures in today's final
 rule are more similar to those specified
 in the 1981 removal credits provision.
 The significant difference is that the
 procedures promulgated today provide
 for notice and comment before the
 removal credits are modified or a
 POTWs authority  to grant removal
 credits is withdrawn. The Agency
 believes the process adopted by the
 final rule better serves the requirements
 of adequate due process.
  Under the final rule, the Approval
Authority is required to make a
preliminary determination that a POTW
is in violation of any of the eligibility
criteria specified in paragraph (a)(3)(iiij-
(v), or that its ongoing removals are
substantially and consistently lower
than the removal credits. The Approval
Authority shall then, in accordance with
the procedures found in $ 403.11(b) (1)
and (2) of the General Pretreatment
Regulations, issue a public notice of its
intent to modify or withdraw, and
provide for public comment and an
opportunity for a public hearing on the
matter. It is during  this time that a
POTW, its industrial users or any
interested party can present a case
against modification or withdrawal.  At
the close of the public comment period
and after a public hearing (if one is
held), the Approval Authority will make
its final decision based on all available
information, including that received  in
comments and at the hearing. If the
 removal credits are to be modified or
removal credit authority withdrawn, the
POTW and its industrial users must  be

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31218       Federal Register / VoL 49. No. 151 / Friday. August 3. 1984  /  Rules and Regulations
notified and apprised in writing of the
reasons for the modification or
withdrawal. Where the removal credits
are modified, the affected industrial
users will be required to comply with
the readjusted discharge limits, or. in the
case of withdrawal of removal credit
authority, with the original limits
prescribed by the applicable categorical
pretreatment standards. Compliance
with these limits must be achieved
within a reasonable time following
modification or withdrawal. The amount
of time allowed for compliance from the
date that the removal credit is modified
or withdrawn must be no greater than
the amount of time allowed for
compliance in the applicable categorical
standard. For example, if a pretreatment
standard provided for a compliance
period of three yean from the date of '
promulgation, an industrial user affected
by the modification or withdrawal of a
removal credit could be granted a
maximum compliance period of three
yean from the date of modification or
withdrawal Of course, the Approval
Authority could establish a shorter
period for compliance after considering
the necessary adjustment to existing
treatment technology or the amount of
additional treatment that must be
installed.

IV. Summary of Public Participation
  Numerous governmental agencies,
individuals, industries, and trade
associations provided comments on the
proposed removal credit rale published
in the Federal Register on September  28.
1982. The following parties provided
comments: Detroit Water and Sewerage
District Caterpillar Tractor Company;
Air Products and Chemicals, Ino: South
Carolina Department of Health and
Environmental Control; Howard M.
Cohen: Village of Sauget IL: League of
Women Voten of Maryland. Ino: Barge.
Waggoner. Summer and Cannon;
Midland-Rose Corp.; Great Lakes
Tomorrow. M/M Gordon V. Bond;
General Moton Corp.; American Iron
and Steel Institute: Natural Resources
Defense Council: National Association
of Metal Finishers: American Paper
Institute/National Forest Products
Association: Steven H.J3igelow. Conoco.
Incx The Standard Oil Company (Ohio):
Bausch and Lomb; Anne W. Amacher,
PhD.; Chemical Manufacturers
Association: Texaco. Inc.: League of
Women Voten of South Carolina: The .
League of Women Voten of Kentucky.
Monsanto Company: Babcock and
Wilcox; Metropolitan Denver Sewage
Disposal District No. 1; Standard Oil
Company (Indiana); League of Women
Voten of Marion County. GA: County
Sanitation Districts of Los Angeles
County: League of Women Voten of
Findlay. OH: and the Chicago
Association of Commerce and Industry.
  Comment The majority of comments
received addressed various aspects of
the national removal credits concept.
including the legality of national
removal credits, the method of
calculating the national removal rates,
national credits for non-toxic pollutants
and the procedures a POTW must
follow to obtain and maintain removal
credit authority when utilizing national
credits.
  Response: The comments regarding
the legal basis of national removal
credits have been addressed in the.
comprehensive discussion regarding this
issue in the preamble. Since national
credits have not been retained in the
final rule, comments regarding certain
technical aspects (e.g., selection of 25th
percentile. the broad definition of
POTW "compliance" with secondary
treatment, the impact of negative
removal rates in calculating the national
removal rates) have become irrelevant
Similarly, those comments addressing
the procedures and preconditions for
utilizing national credits have also
become irrelevant
  Comment: One commenter suggested
that the removal credit regulation
provide POTWs the option of
substituting their local standards  .
applicable to indirect dischargen for the
national categorical pretreatment
standards when these local standards
are based on local receiving water
quality or sludge disposal criteria.
  Response: The removal credit concept
established in section 30?(b) of the
Clean Water Act provides for a credit
against a national categorical
pretreatment standard equal to or less
than the demonstrated removal by a
POTW for a specific pollutant If a
POTW can demonstrate that its actual
removal rate would allow an adjustment
to the categorical pretreatment standard
that results in a standard less stringent
than the POTWs current local standard
for a particular pollutant then the
POTW may impose its local standard. It
however, the adjusted categorical
standard remains more stringent than
the  local standard, then the adjusted
categorical pretreatment standard must
be applied.
  Comment- One commenter objected to
the  procedure whereby a POTW self-
certifies that it complies with applicable
sludge requirements, limits and
conditions in the POTWs NPDES
permit and that it has an approved
pretreatment program. The objection
concerned the amount of discretion
given the POTW to determine
 independently the complex factual
 matters on which initial and continuing
 qualification for removal credit depends.
   Response: The final regulation
 provides that a POTW must certify that
 it has an approved pretreatment
 program and that by granting removal
 credits it will not violate any permit
 limits or conditions, or applicable
 Federal. State and local sludge
 requirements. The Agency retains the
 authority to review the certifications
 and independently verify their accuracy.
 Information regarding the status of the
 local pretreatment program and
 compliance with NPDES permits is
 readily available. In many instances, the
 Agency staff making the initial review of
 the removal credit authority application
 are also responsible for tracking the
 POTWs performance in the other two
 areas. Similarly, compliance with sludge
 requirements can be easily corroborated
 either by communicating within the
 Agency or by contacting the appropriate
 State or local agency. Additionally, the
 applicant must describe its sludge
 management plan. In those instances
 where the information is not sufficient to
 determine whether the POTW will
 continue to be in compliance with
 sludge requirements, the Agency may
 request more information.
   Comment- Many comments
 questioned the Agency's basis for
 imposing additional conditions for
 obtaining removal credit authority that
 are not specifically provided in section
 307(b) of the CWA. Specifically, the
'comments concerned  the requirement
 that (a) A POTW have an approved
 pretreatment program: (b) comply with
 all applicable Federal. State and local
 sludge management and disposal
 requirements; and (c)  be in compliance
 with its NPDES permit discharge limits
 for the toxic pollutant(s) for which
 removal credits are sought The
 comments suggested that the Agency
 could only impose those criteria
 explicitly mentioned in section 307(b)
 (i.e.. that a POTW remove  all or any part
 of the toxic pollutant, that  the discharge
 from the POTW does not violate the
 effluent limitation or standard which
 would be applicable if the  pollutant
 were discharged by the source other
 than through the POTW and that the
 POTWs sludge.use or management be
 in compliance with the requirements
 established under section 405 of the
 Clean Water Act).
  Response: The Agency believes that
 the imposition of these preconditions  to
 removal credit authority is not only a
 logical exercise of its discretion, but is
 directed by the statute and
 congressional intent This response will

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              Federal Register  / Vol. 49. No. 151  / Friday. August 3. 1984 / Rules  and Regulations       31219
address each of the three conditions
separately since each condition is based
on different premises.
  The "compliance with toxic limits"
requirement in section 403.7(a)(3)(v) of
the removal credit rule was first
imposed as a regulatory requirement as
proposed in September 1982. This
provision has been changed in the final
rule, for the reasons previously
discussed to require the POTW to
maintain compliance with all limits and •
conditions in its NPDES permit after
granting removal credits. This
requirement is consistent with the broad
purposes of section 307(b) that
discharges from industrial users of
POTWs not interfere with a POTW»
ability to comply with its NPDES permit
  The second requirement is that a
POTW have an approved pretreatment
program. The Agency believes that the
imposition of this requirement is a
proper exercise of the Agency's
authority to ensure that a POTW
minimizes the potential of pass through
of pollutants or interference with the
POTW and was contemplated by
Congress when it amended the Federal
Water Pollution Control Act in 1977 (the
Clean Water Act). The statutory
language and the legislative history.
when read together, provide the
requisite authority to require a
pretreatment program as a precondition
to a POTWs authority to grant removal
credits.
  The 1977 amendments added two new
provisions relating to pretreatment One
provision, section 402(b)(8). imposes on
POTWs that receive discharges from
industries subject to categorical
pretreatment standards a requirement to
develop a local pretreatment program.
The second provision, in section
307(b)(l). allows POTWs to adjust
categorical standards to reflect the   _
POTWs ability to remove any or all of
the regulated pollutant These two
provisions are given meaning when read
in light of the legislative history which
clearly shows that Congress intended
that removal credits be integrally tied to
an approval pretreatment program.
  The Senate, when debating the
conference report addressed this
connection between removal credits
(discussed as "local credits") and local
pretreatment programs:
  Where • local compliance program If
approved. EPA and the permitting States may
approve case-by-case modifications of the
national pretreatment standards—or local
credit*—for documented pollutant removal*
attained by a publicly owned treatment
works. To receive a local credit there must be
a demonstration that the pollutant la
degraded or treated: credits will not be given
for dilution * * *. Tying local credits to local
 compliance programs not only provide* an
 incentive for local participation, but more
 importantly, it provides assurance that the
 removal levels which justified the local
 credits will be maintained by a publicly
 owned treatment works committed to
 operating a sound pretreatment program.
 (Legis. HisL. VoL 3. p. 461-462).
   The House similarly discussed the
 relationship between the two provisions
 in its debate of the conference report:
   Under the amendment to section 307(b) the
 Administrator would establish national
 pretreatment standards for toxic pollutants
 based on the best available technology
 economically achievable, or any more
 stringent effluent standards under section
 307(A). Then in applying these pretreatment
 standards through its pretreatment programs.
 the owner or operator of a municipal      ~
 treatment works could modify the
 requirements applicable to individual classes
 of source* introducing that pollutant into the
 treatment works to reflect the degree of
 reduction of that pollutant achieved by the
 treatment works (emphasis added). (Legis.
 HisL. VoL 3. p. 342-343.)
   It is apparent that the Agency has
 effectuated Congressional intent by
 imposing this precondition for removal
. credit authority. Moreover, the Agency
 believes that it has adequate authority
 to impose such a requirement to
 accomplish the goal of avoiding the
 potential for pass through or
 interference under its broad rulemaking
 authority to section 501 of the CWA.
   The Agency's position was judicially
 sanctioned in a recent decision by the
 U.S. Court of Appeals for the Third
 Circuit in National Association of Metal
 Finishers (NAMF) et al. v. EPA, 719 F.
 2d 624 (3d Cir. 1983). Petitioners in that
 case specifically challenged  the local
 pretreatment program requirement
 claiming that the Agency acted without
 authority in imposing this precondition
 to granting removal credits. The court
 disagreed with petitioners and adopted
 the reasoning set out above as the basis
 of the agency's authority.
   The third requirement that the POTW
 maintain compliance wfth all applicable
 Federal State, and local sludge disposal
 requirements after granting removal
 credits, was also challenged by
 commenters as being contrary to the
 statute. The Agency maintains the
 position it presented in the regulations
 promulgated on January 28,1981. which
 included the current provision regarding
 compliance with sludge disposal
 requirements. Essentially, the Agency
 continues to believe that it is acting
 within its authority granted by sections
 307(b) and 405 of the CWA in
 conditioning removal credit allowances
 on continued compliance with
 applicable requirements established
 under the Solid Waste Disposal  Act
 (including Title II of this Act more
 commonly referred to as the Resource
 Conservation and Recovery Act
 (RCRA)), the Clean Air Act the Toxic
 Substances Control Act (TSCA). the
 Marine Protection. Research and
 Sanctuaries Act (MPRSA), and State
 regulations developed under Subtitle D
 of RCRA. (For a more detailed
 discussion of this issue, see 46 Fed. Reg.
 at 9428.) In addition, it should be noted
 that these sludge requirements were
 contained in the 1981 General
 Pretreatment Regulations upheld by the
 Third Circuit in NAMFet al. v. EPA.
 supra.
  Comment: Several comments were
 received which supported the exclusion
 of the combined sewer overflow (CSO)
 compensation factor when calculating
 the revised categorical standard.
 Several comments were received which
 argued that the  CSO factor should have
 been retained.
  Response: EPA has analyzed the
 relationship of CSOs and removal
 credits in two different ways. The first
 approach examined the amount of time
 CSO events occur. In 1978.15 POTWs
 were surveyed to determine the
 frequency of rainfall-triggered
 overflows. The Agency determined that
 the average POTW will incur combined
 sewer overflow only 7.3 percent of the
 time. Even assuming that no treatment
 occurs during an overflow situation, the
 measurable effect on the revised
 categorical standard is not significant
Therefore, compensation for CSOs on
 the basis of time is not necessary. (For a
detailed example of the effect CSOs can
have on the revised standard based on
 the time CSO events occur, see the
proposed removal credits rule in the
September 28.1982 Federal Register (47
FR at 42701)).
  The second approach  examined the
amount of pollutants that escaped
treatment during CSO events. This
involved the toxic pollutants discharged
by industry which are not treated at the
POTW during CSO events and which
settle in the sewer system during normal
dry conditions, and are resuspended
during CSO events. Recent EPA data
indicate that approximately 30 percent
of the toxic metals in a combined sewer
flow (i.e.. during wet weather conditions
sufficient to produce an  overflow event)
are due to the problem of resuspension.
The concern relative to removal credits  •
is that toxics resuspended under wet
weather conditions are carried out the
overflow point. A? a result, a portion of
the toxic pollutants contributed by
industrial users  never reach the POTW
and is therefore not removed.

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                                                                                      *
 31220       Federal Register / Vol. 49. No.  151 / Friday.  August 3. 1984 / Rules and Regulations
   EPA analyzed the data collected on
 heavy metals to determine the amount
 of pollutants resuspended. The amount
 of resuspension was then included in a
 mass balance to determine the amount
 of untreated heavy metals discharged
 during a CSO event This analysis
 indicated that on average, eight percent
 of the metals  bypassed the POTW and
 were thus not treated After applying
 this eight percent bypass factor to
 several sample removal rates, the
 Agency concluded that its effect on the
 adjusted industrial discharge limit
 would be minimal. Thus, neither the
 frequency of CSO events nor the amount
 of toxics discharged during such events
 warrant a regulatory provision requiring
'CSOs to be factored into the formula for
 determining a removal credit
   Comment: Two comments suggested
 that POTWs must have  an affirmative
 obligation to  seek removal credit
 authority. Giving POTWs the discretion
 to seek or not seek removal credits
 could frustrate the intent of the
 provision and may result in unnecessary
'treatment
   Response: The statute provides that a
 POTW "may" seek removal credit
 authority. EPA is not empowered to
 require a POTW to seek removal credit
 authority.
   Comment Several commenters raised
 the issue of a POTWs "compliance"
 with a stated removal rate and the
 grounds for withdrawal or modification
 of removal credits. This comment
 involves two  concerns. The first is the
 POTWs concern for some degree of
 latitude before a POTW is considered to
. be out of compliance with its
 demonstrated removal rate. The second
 is the concern of industrial users who,
 having obtained removal credits and
 designed treatment facilities to meet a
 stated standard, desire to have some
 reasonable period without any change
 to their discharge standards. Industrial
 users are essentially seeking some
 degree of certainty in their limits for
 planning purposes.
   Response: As discussed above in
 detail, the Agency strongly believes that
 a fair balance must be struck between
 ensuring continued consistent removal
 of a pollutant which formed the basis for
 the removal credit and the need of
 industrial users to have  some guarantee
 of certainty, for a reasonable period of
 time, as to their discharge limits. To
 obtain this balance, the  Agency has
 developed a criterion to determine when
 the POTW is  no longer achieving
 consistent removal for a given pollutant
   Comment: Many commenters
 questioned the Agency's procedure for
 handling influent and effluent samples
 when the pollutant is not detectable.
Most commenters suggested that for
effluent samples the appropriate
procedure is to assign the samples a
concentration value of zero and not to
assume that the concentration is at the
level of detectability for that pollutant
Otherwise, they argued, the procedure
may fail to reflect the full extent of the
actual removal efficiency.
  Response: The Agency believes that
in general, the use of the detection limit
as an estimate of immeasurable
concentrations in an effluent where the
influent was detectable, will provide a
better approximation of actual removals
than will the use of a zero value. Using
zero as a measure of the effluent
concentration necessarily results in •
conclusion that the pollutant is
experiencing a 100% removal by the
POTW. Such a result is theoretically
unlikely and inconsistent with the
Agency's POTW removal data collected
from SO well-operated secondary
treatment plants. The use of the
detection limit is likely to produce a
somewhat conservative estimate of
removals. However, in most cases,  the
calculated removal should not be much
lower than the actual removal and
generally should be more accurate (and
more environmentally protective) than
that calculated by assuming a zero
discharge effluent In any event in cases
of non-detectability. the POTW has the
option of making an alternative
demonstration to qualify for removal
credit authority.
  Comment: One commenter questioned
the proposed procedure for addressing
violations by the POTW of its removal
rate and the sanctions available. The
commenter argued that the procedure
may allow the violation to persist too
long and represent an unnecessary
endangerment to the environment
because of interference, pass through
and sludge contamination..
  Response:Tbe Agency agrees that the
proposed procedure which could allow
up to 12 months befone withdrawal or
modification procedures are instituted
provided too much latitude to a POTW
which is experiencing problems.
Consequently, the Agency is amending
this provision. As discussed above.
today's final rule recognizes that some
variability in a POTWs removal rates
can be expected. However, if a POTWs
removal capability does consistently
and substantially worsen, indicating
that a serious problem exists and
requiring long-term corrective measures
be taken, or it violates any other
precondition of its removal credit
authority, the Approval Authority will
initiate the process to withdraw a
POTWs authority to grant removal
credits or to modify those credits. Public
notice of this action will be given, and a
comment period and opportunity for a
hearing provided for. The Agency
believes that once grounds for
modification or withdrawal do arise, the
procedures in the final rule allow for
prompt action by the Approval
Authority. In addition, these procedures
more adequately satisfy due process
requirements than past procedures.
  Comment: Some commenters objected
to the 18 month time limit for industrial
users to comply with the pretreatment
standard once a removal credit has been
modified or withdrawn. They argued
that the time limit should be three years.
  Response: The Agency partially
agrees with this argument The Agency
has revised this part of the regulation to
provide that the time period for
compliance be no longer than the time
allowed in the pretreatment standard or
such shorter time as determined after
considering the amount of additional
treatment that must be installed. This
time period is the same as was allowed
under the 1981 revised removal credit
regulation.
  Comment: Some commenters
questioned the adequacy of the
compliance reporting requirements.
They believed that one annual report
will not be sufficient to detect quickly
any drops in removal efficiencies.
  Response: The Agency disagrees with
this contention. A POTWs initially .
demonstrated removal rates were based
on 12 representative samples taken over
the course of one full year. Requiring
one compliance report per year that
includes a similar sampling requirement
(Le., 12 representative samples taken at
equal intervals over that year) provides
an accurate means of comparing a
POTWt ongoing performance with its
originally approved demonstrated
removal efficiency. These reports will be
reviewed by the Approval Authority.
Furthermore, while the new regulations
will minimally only require one annual
report there are several other sources of
information which can augment the
removal rate compliance reporting. In
addition to this report a POTW will be
providing other reports as part of their
NPDES permit and pretreatment
program. POTWs will also be subject  to
pretreatment program audits and
inspections which can be used to
investigate a POTWs compliance with
its removal rates.
  Comment: Many commenters
questioned the provision in the proposed
rule which provides  that the removal
rates demonstrated by the POTW that
formed the basis for removal credits
become enforceable conditions of the
POTWs NPDES permit The commenters

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                                                                                                 *

                    Federal Register / Vol.  49.  No. 151  / Friday. August 3. 1984  /  Rules and Regulations       31221
!•.
 i
 suggested that the provision would
 liscourage POTW'a from applying for
 removal credit authority.
   Response: Incorporating the removal
 credits as an enforceable condition into
 the POTW's NPDES permit was clearly
 .intended by Congress when section
 307(b) was passed. The House debate on
 the conference report contained the
 following statement: "Any effluent
 reduction attained by the treatment
 works and used to justify a modification
 of pretreatment requirements must be a
 permit condition enforceable against the
 owner or operator of the treatment
 works" (Legis. Hist.. Vol. 3. p. 343).
   Thus, it is clear that this requirement
 was contemplated by the Congress. The
.argument that this will act as an
 impediment to POTWs seeking removal
 credit authority does not militate against
 the requirement It only assures that the
 POTW will strive to maintain its
 consistent removal rates. It should also
 prove to be an incentive for industrial
 users enjoying the benefit of removal .
 credits to take greater interest in the
 POTWs operation and pretreatment
 program.
   Comment: One comment raised the
 issue of whether the proposed method
 for calculating the removal rate is
 appropriate. The commenter argued that
 the technique of averaging all the
  'fluent and effluent samples will mask
  inability and may result in a distortion
 of the removal efficiency.
   Response: As the Agency stated in the
 proposed rule, the technique of
 averaging the influent and effluent data
 will provide a more reliable estimate of
 the actual removal generally achieved   '
 than the method used in the 1981
 regulations. No sample observations will
 be excluded from the calculation.
 Miscellaneous
   In the September 28,1982 proposal
 several sections of the General
 Pretreatment Regulations were proposed
 to be amended because they referenced
 the removal credits provision. Today's
 action finalizes those changes to
 conform to the new removal credits
 section.
   In addition to these changes,
 J 403.8(e) also is being revised. Section
 403.8(ej specifies specific circumstances
 for modifying or revoking and reissuing
 a POTW's permit. These grounds
 include, among others, incorporation of
 a compliance schedule for development
 of a POTWs pretreatment program.
 section 301 (h) and section 301(i) permit
 conditions and an approved POTW
 pretreatment program. By today's
 •"•.lion.  § 403.8(e) is revised to specify
    t incorporation of the removal credits
    nted by a POTW is cause for
 modifying or revoking and reissuing a
 POTWs permit Amending 5 403.8(e) in
 this way is consistent with Congress'
 intent, as discussed above, that the
 removal credits be placed in the
 POTW'a permit and thus be an
 enforceable permit condition. In
 addition, past removal credit provisions
 and the September 28.1982. removal
 credit proposal required incorporation of
 removal rates into the permit

 Executive Order 12291

   Under Executive Order 12291. EPA
 must judge whether a regulation is
 "major" and therefore subject to the
 requirement of a Regulatory Impact
 Analysis. This regulation simplifies
 existing requirements and will have the
 ultimata effect of reducing pollution
 control costs. It ia not a major regulation
 because it does not meet the criteria set
 forth in the Executive Order.
 Regulatory Flexibility Act

   Under the Regulatory Flexibility Act, 5
 U.S.C. 601 et see.. EPA is required to
 prepare a Regulatory Flexibility
 Analysis to assess the impact of rules on
 small entities. No regulatory flexibility
 analysis ia required, however, where the
 head of the agency certifies that the rule
 will not have a significant economic
 impact on a substantial number of
 entities. I hereby certify, pursuant to S
 U.S.C. § 605(b), that today's final action
 will not have a significant impact on a
 substantial number of small entities.
 List of Subjects in 40 CFR Part 403

   Confidential business information:
 Reporting and recordkeeping
 requirements; Waste treatment and
 disposal; Water pollution control.
  Dated: July 27.1984.
 William D. RuckeUhau*
Administrator.

 PART 403—GENERAL
 PRETREATMENT REGULATIONS FOR
 EXISTING AND NEW SOURCES OF
 POLLUTION

  .For the reasons set out in the
 preamble. 40 CFR Part 403 is amended
 as follows:
  1. The authority citation for 40 CFR
 Part 403 is as follows:
  Authority: Sec. 51(c)(2) of the Clean Water
 Act of 1977 (Pub. U 95-217). lections
 204(b)fl)(C). 2Q8(b)(2)(C)(iii). 3m(bUl)(A)(ii).
 301(b)(2KA)(ii). 301(b)(21(C). 301(h){5).
 301 (i)(2). 304(e). 304(g). 307. 306. 309. 402(b).
 405. and 501 (a) of the Federal Water Pollution
 Control Act (Pub. L 32-500). as amended by  •
 the Clean Water Act of 1977.
   2. 40 CFR 403.7 is revised to  read as
 follows:-
 § 403.7  Removal credits.
   (a) Introduction—(1) Definitions. For
 the purpose of this section:
   (i) "Removal" means a reduction in
 the amount of a pollutant in the POTW's
 effluent or alteration of the nature of a
 pollutant during treatment at the POTW.
 The reduction or alteration can be
 obtained by physical, chemical or
 biological means and may be the result
 of specifically designed POTW
 capabilities or may be incidental to the
 operation of the treatment system.
 Removal as used in this subpart shall
 not mean dilution of a pollutant in the
 POTW.
   (ii) "Sludge Requirements" shall mean
 the following statutory provisions and
 regulations or permits issued thereunder
 (or more stringent State or local
 regulations): section 405 of the Clean
 Water Act; the Solid Waste Disposal
 Act (SWDA) (including Title II more
 commonly referred to as the Resource
 Conservation Recovery Act (RCRA) and
 State regulations contained in any State
 sludge management plan prepared
 pursuant to Subtitle D of SWDA); the
 Clean Air Act; the Toxic Substances
 Control Act and the Marine Protection.
 Research and Sanctuaries Act
  (2) General. Any  POTW receiving
 wastes from an Industrial User to which
 a categorical Pretreatment Standard(s)
 applies may. at its discretion and
 subject to the conditions of this section,
 grant removal credits to reflect removal
 by the POTW of pollutants specified in
 the categorical Pretreatment
 Standard(s). The POTW may grant a
 removal credit equal to or. at its
 discretion, less than its consistent
 removal rate. Upon being granted a
 removal credit each affected Industrial
 User shall calculate its revised
 discharge limits in accordance with
 subparagraph (4) of this paragraph.
 Removal credits may only be given for
 indicator or surrogate pollutants
 regulated in a categorical Pretreatment
 Standard if the categorical Pretreatment
 Standard so specifies.
  (3) Conditions for authorization to
give removal credits. A POTW is
 authorized to give removal credits only
 if the following conditions are met:
  (\) Application. The POTW applies
 for. and receives, authorization from the
 Approval Authority to give a removal
 credit in accordance with the
 requirements and procedures specified
 in paragraph (e) of this section.
  (ii) Consistent removal determination.
The POTW demonstrates and continues
to achieve consistent removal of the
pollutant in accordance with paragraph
(b) of this section,                     j

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31222       Federal Register / Vol. 49. No.  151 / Friday. August 3. 1984 / Rules and Regulations
  (iii) POTW local pretreatment
program. The POTW has an approved
pretreatment program in accordance
with and to the extent required by Part
403; provided, however, a POTW which
does not have an approved pretreatment
program may. pending approval of such
a program, conditionally give credits as
provided in paragraph (d) of this section.
  (iv) Sludge requirements. The granting
of removal credits will not cause the-
POTW to violate the local. State and
Federal Sludge Requirements which
apply to the sludge management method
chosen by the POTW. Alternatively, the
POTW can demonstrate to the Approval
Authority that even though it it not
presently in compliance with applicable
Sludge Requirements, it will be in
compliance when the Industrial User(s)
to whom the removal credit would apply
is required to meet its categorical
Pretreatment Standard(s) as modified by
the removal credit If granting removal
credits forces a POTW to incur greater
sludge management costs than would be
incurred in the absence of granting
removal credits, the additional sludge
management costs will not be eligible
for EPA grant assistance.
  (v) NPDESpermit limitations. The
granting of removal credits will not
cause a violation of the POTWs permit
limitations or conditions. Alternatively,
the POTW can demonstrate to the
Approval Authority that even though it
is not presently in compliance with
applicable limitations and conditions in
its NPDES permit it will be in
compliance when the Industrial Userfs)
to whom the removal credit would apply
is required to meet its categorical
Pretreatment Standard(s). as modified
by the removal credit provision.
  (4) Calculation of revised discharge
limits. Revised discharge limits for a •
specific pollutant shall be derived by
use of the following formula:
                   l-r

whew. '
x-pollutant discharge limit specified in the
    applicable categorical Pretreatment
    Standard
r» removal credit for that pollutant at
    established under paragraph (b) of this
    section (percentage removal expressed
    a* a proportion, i-e.. a number between 0
    and 1)
y» revised discharge limit for the specified
    pollutant (expressed in same units aa x)

  (b) Establishment of Removal Credit;
Demonstration of Consistent Removal.
A POTW may be authorized to grant a
removal credit that does not exceed its
consistent removal rate. In order to
 demonstrate consistent removal, the
 POTW shall, for each pollutant with
 respect to which removal credit
 authorization is sought collect influent
 and effluent data and calculate
 consistent removal in accordance with
 the following requirements. As a
 condition of retaining removal credit
 authorization, the POTWs consistent
 removal must continue to be equal to or
 greater than the removal credit
  (1) Number of samples. At least
 twelve representative samples of
 influent and effluent shall be taken at
 approximately equal intervals
 throughout one full year. Upon
 concurrence of the Approval Authority,
 • POTW may utilize an historical data
 base either in lieu of or as a supplement
 to these twelve samples. In order to be
 approved, the historical data base must
 be representative of the yearly and
 seasonal conditions to which the POTW
 is subject and be representative of the
 POTWs performance for at least one
 year. As an alternative to the above, a
 POTW. upon concurrence of the
 Approval Authority, may utilize an
 alternative sampling design, as long as
 the alternative design provides for
 samples to be taken at times which are
 representative of the POTWs normal
 operating conditions and the different
 seasonal conditions to which the POTW
 is subject
  (2) Method of Samp/ing. The POTW
 must use the composite sampling
 method unless the grab sampling
 method is more appropriate. A
 description of these methods and
 suggestions on when each method
 should be used are included in
 Appendix E as guidance.
  (3) Method of Analysis for Pollutants.
 The POTW shall analyze the samples
 for pollutants in accordance with the
 analytical techniques prescribed in 40
 CFR Part 136. If 40 CFR Part 138 does
 not contain analytical techniques for the
 pollutant in question, or if the Approval
 Authority determines that Part 138
 analytical techniques are inappropriate.
 the analysis shall be performed using
 validated analytical methods or any
 other applicable analytical procedures
 approved by the Approval Authority,
 including procedures suggested by the
 POTW.
  (4) Calculation of Consistent
Removal, (i) The consistent removal,
 denoted by r. for a specific pollutant
 shall be the difference between the
 average concentrations of the pollutant
 in the influent of the POTW. denoted by
 L and the average concentrations of the
 pollutant in the effluent of the POTW,
 denoted by E, divided by the average
 concentrations of the pollutant in the
 influent denoted by L as follows:
 The average concentrations of the
 pollutant in the influent and effluent
 shall be calculated by taking the
 arithmetic average of all influent and
 effluent data, respectively. In calculating
 consistent removal under the
 subparagraph, all sample data must be
 used.
  (ii) If a pollutant is only measurable in
 some of the influent and effluent
 samples (including the situation where it
 is not measurable in any effluent
 samples) and the POTW elects to
 calculate consistent removal in
 accordance with paragraph (b)(4)(i),
 influent and effluent observations below
 the limit of detectability should be
 assigned a value equal to the limit of
 detectability. In calculating consistent
 removal under paragraph (b)(4)(i). all
 sample data, including those set at the
 limit of detectability, must be used.
  (iii) If a pollutant is only measurable
 in some influent and effluent samples
 (including the situation where it is not
 measurable in any effluent samples) and
 the POTW elects not to calculate
 consistent removal in accordance with
 paragraph (b](4)[i), or if a pollutant is
 not measurable in any of the influent
 samples (in which case the sample data
 may not be used to calculate consistent
 removal in accordance with paragraph
 (b)(4)(i)), the POTW may (A) use
 historical data as provided in paragraph
 (b)(l) of this section to calculate
 consistent removal, or (B) upon the
 concurrence of the Approval Authority,
 the POTW may use data from
 treatability studies, demonstrated
 removal at similar treatment facilities or
 provide some other alternative means to
 demonstrate its consistent removal.
  (iv) For purposes of this paragraph.
 "measurable" refers to the ability of the
 analytical method to quantify as well as
 identify the presence of the pollutant in
 question. "Limit of detectability" refers
 to the lowest limit at which the
 analytical method can quantify the
 pollutant in question.
  (c) Provisional credits. For pollutants
 which are not being discharged
 currently (i.e.. new or modified facilities,
or production changes) the POTW may
 apply for authorization to give removal
 credits prior to the initial discharge of
 the pollutant Consistent removal shall
 be based provisionally on data from
 treatability studies or demonstrated
removal at other treatment facilities
where the quality and quantity of
 influent are similar. Within 18 months
after the commencement of discharge of

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             Federal Register / Vol. 49. No. 151 / Friday. August 3. 1984 / Rules and Regulations
                                                                     31223
pollutants in question, consistent
removal must be demonstrated pursuant
to the requirements of paragraph (b). If.
within 18 months after the
commencement of the discharge of the
pollutant in question, the POTW cannot
demonstrate consistent removal
pursuant to the requirements of
paragraph (b) of this section, the
authority to grant provisional removal
credits shall be terminated by the
Approval Authority and all Industrial
Users to whom the revised discharge
limits had been applied shall achieve
compliance with the applicable
categorical Pretreatment Standard(s)
within a reasonable time,  not to exceed
the period of time prescribed in the
applicable categorical Pretreatment
Standard(s). as may be specified by the
Approval Authority.
  (d) Exception to POTW Pretreatment
Program Requirement A POTW
required to develop a local pretreatment
program by § 403.8 may conditionally
give removal credits pending approval
of such a program in accordance with.
the following terms and conditions:
  (1) All Industrial Users who are
currently subject to a categorical
Pretreatment Standard and who wish
conditionally to receive a  removal credit
must submit to the POTW the
information required in 5 403.12(b)(lH7)
(except hew or modified industrial users
must only submit the information
required by S 403.12(b)(l)-{6)).
pertaining to the categorical
Pretreatment Standard as  modified by
the removal credit The Industrial Users
shall indicate what aditional technology.
if any, will be needed to comply with the
categorical Pretreatment Standard(s) as
modified by the removal credit;
  (2) The POTW must have submitted to
the Approval Authority an application
for pretreatment program  approval
meeting the requirements  of § § 403.8
and 403.9 in a timely manner, not to
exceed the time limitation set forth in a
compliance schedule for development of
a pretreatment program included in the
POTW's NPDES permit, but in not case
later than July 1,1983. where no permit
deadline exists:
  (3) The POTW must:
  (i) Compile and submit data
demonstrating its consistent removal in
accordance with paragraph (b] of this
section;
  (ii) Comply with the conditions
specified in paragraph (a)(3) of this
section: and
  (iii) Submit a complete application for
removal credit authority in accordance
with paragraph (e) of this  section:
  (4) If a POTW  receives authority to
grant conditional removal credits and
the Approval Authority subsequently
 makes a final determination/ after
 appropriate notice, that the POTW
 failed to comply with the conditions in
 paragraphs (d)(2) and (3) of this section.
 the authority to grant conditional
 removal credits shall be terminated by
 the Approval Authority and all
 Industrial Users to whom the revised
 discharge limits had been applied shall
 achieve compliance with the applicable
 categorical Pretreatment Standard(s)
 within a reasonable time, not to exceed
 the period of time prescribed in the
 applicable categorical Pretreatment
 Standard(s). as may be specified by the
 Approval Authority.
   (5) If a POTW grants conditional
 removal credits and the POTW or the
 Approval Authority subsequently makes
 a final determination, after appropriate
 notice, that the Industrial Userfs) failed
 to comply with the conditions in
 paragraph (d](l) of this section, the
 conditional credit shall be terminated by
 the POTW or the Approval Authority for
 the non-complying Industrial User(s)
 and the Industrial User(s) to whom the
 revised discharge limits had been
 applied shall achieve compliance with
 the applicable categorical Pretreatment
 Standard(s) within a reasonable time.
 not to exceed the period of time
 prescribed in the applicable categorical
 Pretreatment Standard(s), as may be
 specified by the Approval Authority.
 The conditional credit shall not be
 terminated where a violation of the
 provisions of this paragraph results from
 causes entirely outside of the control of
 the Industrial User(s) or the Industrial
• User(s) had demonstrated substantial
 compliance.
   (6) The Approval Authority may elect
 not to review an application for
 conditional removal credit authority
 upon receipt of such application, in
 which case the conditionally revised
 discharge limits will remain in effect
 until reviewed by the Approval
 Authority. This review may-occur at any
 time in accordance with the procedures .
 of § 403.11. but in no event later than the
 time of any pretreatment program
 approval or any NPDES permit
 reissuance thereunder.
   (e) POTW application for
 authorization to give removal credits
 and Approval Authority review—(l)
 Who must apply. Any POTW that wants
 to give a removal credit must apply for
 authorization from the Approval
 Authority.
   (2) To whom application made. An
 application for authorization to give
 removal credits (or modify existing
 ones) shall be submitted by the POTW
 to the Approval Authority.
   (3) When to apply. A POTW may
  apply for authorization to give or modify
  removal credits at any time.
   (4) Contents of the Application. An
  application for authorization to give
  removal credits must be supported by
  the following information:
   (i) List of pollutants. A list of
  pollutants for which removal credits  are
  proposed.
   (ii) Consistent Removal Data. The
  data required pursuant to paragraph  (b).
   (iii) Calculation of revised discharge
  limits. Proposed revised discharge limits
  for each affected subcategory of
  Industrial Users calculated in
  accordance with paragraph (a)(4) of this
  section.
   (iv) Local Pretreatment Program
  Certification. A certification that the
  POTW has an approved local
  pretreatment program or qualifies for
  the exception to this requirement found
  at paragraph (d) of this section.
   (v) Sludge Management Certification.
  A specific description of the POTW's
  current methods of using or disposing of
  its sludge and a certification that the
  granting of removal credits will not
  cause a violation of the sludge
  requirements identified in paragraph
  (a)(3](iv) of this section.
.   (vi) NPDES Permit Limit Certification.
  A certification that the granting of
  removal credits will not cause a
  violation of the POTW's NPDES permit
  limits and conditions as required in
  paragraph (a)(3)(v) of this section.
   (5J Approval Authority Review. The
  Approval Authority shall review the
  POTW's application for authorization to
  give or modify removal credits in •
  accordance with the procedures of
  § 403.11 and shall,  in no event, have
  more that 180 days from public notice of
  an application to complete review.
   (6) EPA review of State removal
  credit approvals. Where the NPDES
  State has an approved pretreatment
  program, the Regional Administrator
  may agree in the Memorandum of
  Agreement under 40 CFR 123.24(d) to
  waive the right to review and object to
  submissions for authority to grant ,
  removal credits. Such an agreement
  shall not restrict the Regional
  Administrator's right to comment upon
  or object to permits issued to POTW's
  except to the extent 40 CFR 123.24(d)
  allows such restriction.
   (7) Nothing in these regulations
  precludes an Industrial User or other
  interested party from assisting the
  POTW in preparing and presenting the
  information necessary to apply for
  authorization.
   (f) Continuation and withdrawal of
  authorization—(1) Effect of

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31224       Federal Register  /  Vol 49. No. 151 / Friday. Auyist 3. 1984 /  Rules and  Regulations
authorization, (i) Once a POTW has
received authorization to grant removal
credits for a particular pollutant
regulated in a categorical Pretreatment
Standard it may automatically extend
that removal credit to the same pollutant
when it is regulated in other categorical
standards, unless granting the removal
credit will cause the POTW to violate
the sludge requirements identified in
(a)(3)(iv) of this section or its NPDES
permit limits and conditions as required
by (a)(3)(v). If a POTW elects at a later
time to extend removal credits to a
certain categorical Pretreatment
Standard, industrial subcategory or one
or more Industrial Users that initially
were not granted removal credits, it
must notify the Approval Authority.
  ,(2) Inclusion in POTW permit. Once
authority is granted, the removal credits
shall be included in the POTWs NPDES
Permit as soon as possible and shall
become an enforceable requirement of
the POTWs NPDES permit. The removal
credits will remain in effect for the term
of the POTW's NPDES permit provided •
the POTW maintains compliance with
the conditions specified in subparagraph
(4) of this paragraph.
  (3) Compliance monitoring. Following
authorization to give removal credits, •
POTW shall continue to monitor and
report on (at such intervals as may be
specified by the Approval Authority, but
in no case less than once per year) the
POTW's removal capabilities. A
minimum of one representative sample
per month during the reporting period is
required, and all sampling data must be
included in the POTW's compliance
report
  (4) Modification or withdrawal of
removal credits, (i) Compliance with the
conditions in paragraph (a)(3)(iiiHv) ot
this section may be examined by the
Approval Authority whenever it elects
and must at the very least be examined
whenever the POTW's NPDES permit is
reissued. If the Approval Authority
determines, on the basis of compliance
monitoring reports or other information
available to it that the conditions
specified in paragraphs (a)(3](iii)-(v) of
this section are not being met the
Approval Authority shall withdraw the
POTW's authority to grant removal
credits or modify those credits in
accordance with the procedures
specified in subparagraph (iii) below.
  (ii) If, during the term of the POTWs
NPDES permit the Approval Authority
determines that  the POTWs consistent
removal rate is consistently and
substantially lower than the removal
credit specified in the POTWs NPDES
permit, the Approval Authority shall
either withdraw the POTW's authority
to grant removal credits or modify those
 credits in accordance with the
 procedures specified in subparagraph
 (iii) below.
   (iii) If the Approval Authority
 tentatively determines, under
 subparagraphs (i) or (ii) above, that the
 withdrawal of a POTW's authority to
 grant removal credits or modification of
 those credits is warranted, the Approval
 Authority shall in accordance with the
 procedures specified in i 403.11(b) (1)
 and (2) of this section, issue a public
 notice, provide a public comment period
 of at least 30 days and provide an
 opportunity for interested persons to
 request a public hearing. The mailing list
 for the public notice shall include, at a
 minimum, the POTW and Industrial
 Users to  whom revised discharge limits
 have been applied. If the Approval
 Authority finally determines to
 withdraw the POTWs authority to grant
 removal  credits or to modify those
 removal  credits the POTW is authorized
 to grant  it shall notify the POTW. all
 Industrial Users to whom revised limits
 have been applied and each person who
 has requested individual notice of its
 decision  and the basis for that decision.
 Notice shall also be published in the
 same newspaper as the original notice
 of the tentative determination was
 published. Following such notice and
 modification or withdrawal, all
 Industrial Users to whom revised
 discharge limits have been applied  shall
 be subject to the modified discharge
 limits or the discharge limits prescribed
 in the applicable categorical
 Pretreatment Standard(s), as
 appropriate, and shall achieve
 compliance with such limits within a
 reasonable time, not to exceed the
 period  of time prescribed in the
 applicable categorical Pretreatment
 Standard(s). as may be specified by the
 Approval Authority.
  (g) Removal credits in State-run
 pretreatment programs under
S 4O3.10(e). Where an NPDES State  with
 an approved pretreatment program
 elects to implement a local pretreatment
 program in lieu or requiring the POTW'
 to develop such a program (as provided
 in $ 403.10(e}). the POTW will not be
 required to develop a pretreatment
 program as a precondition to obtaining
 authorization to give removal credits.
The POTW will, however, be required to
 comply with the other conditions of
paragraph (a)(3) of this section.
  3.40 CFR 403.8(a)(2)(ii) is revised to
read as follows:

 9 403.8  National Pr«treat!tt«nt Standard*:
Categorical Standards.
 •    «    «    •     •
  (a) •  '  •
   (2) • * *
   (ii) Citing evidence and reasons why a
 particular subcategory is applicable and
 why others are not applicable. Each
 such statement shall contain an oath
 stating that the facts contained therein
 are true on the basis of the applicant's
 personal knowledge or to the best of his
 information and belief.

   4. In 40 CFR 403.8. paragraph (a) is
 revised and paragraph (e)(6) is added to
 read as follows:

 9 4034 POTW prctrwatmcnt programs:
 Development by POTW.
   (a) POTWs required to develop a
 pretreatment program. Any POTW (or
 combination of POTWs operated by the
 same authority) with a total design flow
 greater than S  million gallons per day
 (mgd)  and receiving from Industrial
 Users  pollutants which Pass Through or
 Interfere with the operation of the
 POTW or are otherwise subject to
 Pretreatment Standards will be required *
 to establish a POTW Pretreatment
 Program unless the NPDES State
 exercises its option to assume local
 responsibilities as provided for in
 S 403.10(6). The Regional Administrator
 or Director may require that a POTW
 with a design flow of 5 mgd or less
 develop a POTW Pretreatment Program
 if he or she finds that the nature or
.volume of the industrial influent
 treatment process upsets, violations of
 POTW effluent limitations,
 contamination of municipal sludge, or
 other circumstances warrant in order to
 prevent Interference with the POTW or
 Pass Through.
 •    •    •     •     »

  w * • •
  (6) incorporate the removal credits
 (established under S 403.7) in the POTW
permit
 • .  •    •     •     •
  S. In 40 CFR 403.11, the introductory
text paragraph (a), and the introductory
text of paragraph (b) are all revised.
Paragraph |b)[3) is removed.  •

9 403.11  Approval procedure* for POTW
prwtrMtment program* and POTW granting
of removal crtdits.
  The following procedures shall be
adopted in approving or denying
requests  for approval of POTW
Pretreatment Programs and applications
for removal credit authorization:
  (a) Deadline for review of submission.
The Approval Authority shall have 90
days from the date of public notice of
any Submission complying with the
requirements of i 403.9(b) and. where
removal credit  authorization is sought

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f
r
                      .Federal  Register  /  Vol. 49.  No. 151 / Friday. August  3. 1984  / Rules  and. Regulations       31225
         with J5 403.7(d) and 403.9(d). to review
         the Submission. The Approval Authority
         'hall review the Submission td
         determine compliance with the
         requirements of § 403.8 (b) and (f). and.
         where removal credit authorization is
         sought with $ 403.7. The Approval
         Authority may have up to an additional
         90 days to complete the evaluation of
         the Submission if the public comment
         period provided for in paragraph
         (b)(l)(ii) of this section is extended
         beyond 30 days or if a public hearing is
         held as provided for in paragraph (b)(2)
         of this section. In no event, however.
         shall the time for evaluation of the
         Submission exceed a total of 180 days
         from the date of public notice of a
         Submission meeting the requirements of
       . S 403.9(b) and. in the case of a removal
         credit application. 55 403.7(d) and
         403.9(b).
          (b) Public notice and opportunity for
         hearing. Upon receipt of a Submission
         the Approval Authority shall commence
         its review. Within 5 days after making a
         determination that a Submission meets
         the requirements of J 403.9(b). and.
         where removal credit authorization is
         sought 55 403.7(d) and 403.9(d), the
         Approval Authority shall:
§403.12 [Amended]
   6. 40 CFR 403.12 is amended by
removing paragraphs (i) and (j) and
redesignating the remaining paragraphs
       as ('HO accordingly.
  7. A new Appendix E is added to 40
CFR Part 403 and reads as follows:

Appendix E — Sampling Procedures
L Composite Method
  A. It it recommended that influent and
effluent operational data be obtained through
24-hour flow proportional composite samples.
Sampling may be done manually or
automatically, and discretely or continuously.
If discrete sampling is employed, at least 12
aliquots should be composited. Discrete
sampling may be flow proportioned either by
varying the time interval between each
aliquot or the volume of each aliquot. All
composites should be flow proportional to
either the stream flow at the time of
collection of the influent aliquot or to the
total influent flow since the previous influent
aliquot Volatile pollutant aliquots must be
combined in the laboratory immediately
before analysis.
  B. Effluent sample collection need not be  •
delayed to compensate for hydraulic
detention unless the POTW elects to include
detention time compensation or unless the
Approval Authority requires detention time
compensation. The Approval Authority may
require that each effluent sample is taken
approximately one detention time later than
the corresponding influent sample when .
failure to do so would result in an
unrepresentative portrayal of actual POTW
operation. The detention period should be
based on a 24-hour average daily flow value.
The average daily flow should in turn be
based on the average of the daily flows
during the same month of the previous year.

II. Grab Method
  If composite sampling is not an appropriate
technique, grab samples should be taken to
obtain influent and effluent operational data.
A grab sample is an individual sample
collected over a period of time not exceeding
IS minutes. The collection of influent grab
samples should precede the collection of
effluent samples by approximately one
detention period except that where the
detention period is greater than 24 hours such
staggering of the sample collection may not
be necessary or appropriate. The detention
period should be based on a 24-hour average
daily flow value. The average daily flow
should in turn be based upon the average of
the daily flows during the same month of the
previous year. Crab sampling should be
employed where the pollutants being
evaluated are those, such a» cyanide and
phenol, which may not be held for an
extended period because of biological.
chemical or physical interaction which take
place after sample collection and affect the
results.
(Fit Doc. M-20413 Filed 8-Z-M: MS «ra|
WLUNQ CODE (5W-50-M
*
•i

i

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fwferri
                                 tdl. 3a.Jfa.-29 ,/ Jriday, Fabcuary 10. 1884 / Rules aad fteyriationa
intent of Congress appears to
ootaemplate liability without causation.
Thus, the court also remanded the
definition of interference.
  The "pass through" definiliaain
1 403.3(n) was challengcd-
grounds. P«titionei«-afguednt)iatthe
definition was never proposed, thus
eliminating the opportunity for public
comment. EPA had conceded this
procedural error arid-requested the court
to remand the definition to the Agency.
The oourt did remand the provision, and
chose not to review the substance of the
definition on Us merits.
  By  today's action EPA is suspending
the current definitions of new source.
interference and pass through as they
appear in the General Pretreatment
Regulations. Revised definitions will be
proposed in the near future in a separate
nilemaking.

3. Technical Amendment to the PDF
Provision
  Section 403.13 of the General
Pretreatment Regulations established
the criteria and procedures -for a PDF
variance. The variance would be an
adjustment, on a case-by-case basis, to
the discharge limits in a categorical
pretreatment standard as it applies to an
individual indirect discharger if data
specific to that indirect discharger
indicate it presents factors
fundamentally different from those
considered  by EPA in developing the
categorical  standard in question.
  This provision was challenged in the
pretreatment litigation on the grounds
that EPA had no authority under the
Clean Water Act to for the iiaal action
                              taken today to become .eifeclive
                              immediately.
                              Liat of Subjects in 40 CFR Pait 403

                               Confidential business information.
                              Reporting and tecordkeeping
                              requirements. Waste .treatment and
                              disposal. Water pollution control.
                               Dated: February 1. IBM.
                              William D. Ruckeiahain.
                              PART 403 — 3ENERAL
                              PRETREATMENT REGULATIONS FOR
                              EXISTING AND NEW SOURCES
                               For the reasons set out in the
                              preamble. 40 CFR Part 403 is revised as
                              follows:
   1. The authority citation for part 403
 reads as follows:
  Authority: Section 54(c|(2) of the Clean
Water Act of 1977 (Pub. L 95-217). Sections
204(b)(l)(C), 208(b](2)(C)(iii|. 30lfb)(1]|A)(ii).
301(b)(2)(A)|ii). 301lb)(2)(C). 301lh)(5|.
3Ol(i)(2). 3
be initiated by the EPA.
  [2] A  fundamentally HiffVer.: far'ors
variance :s not a-vatiabie for ar\ "ox:,;
ooilutant controlled in a  catr.e.jr:;..il
?re':?atment Standard.
                                                                                 •IU..-MG COOE «MO-W-M
                                                           19

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1-83
ENVIRONMENTAL LAW REPORTER
 NEWS  & ANAL>3S
13 ELR 10011
                                 ARTICLES
  Reasoned Decisionmaking in Regulatory Reform: The Third Circuit
                        Reinstates EPA's Pretreatment Rules
                                    by Edward L. Strohbehn, Jr.
                 Editors' Summary; Regulatory reform must be carried out through the same reasoned
                 dedsionmaking processes which the Administrative Procedure Act IAPA) requires for the
                 promulgation of new rules. This, Mr. Stohbehn argues, is the Third Circuit's message to
                 the Environmental Protection Agency (EPA) in Natural Resources Defense Council, Inc.
                 v. Environmental  Protection Agency, 12 ELR 20833. The Reagan EPA hoi indefinitely
                 deferred the effective date of pretreatment regulations promulgated on January 29, 198!
                 (in a midnight action of the Carter Administration) in order to subject them to the regula-
                 tory impact analysis mandated by President Reagan's regulatory reform Executive Order
                 12291. The court found the deferral to be tantamount to repeal of the rule, an  action
                 which requires compliance with the APA 's notice and comment procedures.
                   Mr. Strohbehn analyzes the regulatory history of the pretreatment regulation and
                 court's decision. Noting that the court carefully avoided the substantive implications of the
                 Reagan regulatory reform actions, and even sidestepped the question of whether a deferral
                 affixed duration would have required notice and comment, he concludes that the Third
                 Circuit's primary concern was to ensure that the principles of good government dedsion-
                 rnafajig embodied in the APA not be circumvented in the regulatory reform process.
Regulatory  reform was  a  major  element of President
Reagan's campaign and a priority concern of his new ad-
ministration. The President wanted to reduce unneces-
sary regulatory burdens  on industry. Quick  to receive
attention were regulations which had been promulgated
at the close of the Carter  Administration and which were
not yet effective when the  Reagan Administration took
office.
  Thus, acting in response  to an executive order (E.O.)1
issued by the President in February 1981,  in March the
Environmental Protection Agency (EPA) indefinitely de-
ferred the effective date of Clean Water Act pretreatment

Mr. Strohbehn is a member of Orrick. Harrington & Suicliffe. P.C.,
San Francisco; and formerly was Executive Director. Council on Envi-
ronmental Quality. Execuive Office of the President.
 l.Exec. Order No.  12291. 46 Fed. Reg. 13193 (Feb. 19. 1981), ELR
   REC.45035.
 2.46 Fed. Reg. 19936 (Apr. 2.  1981).
                          program regulations,2 which it had promulgated in Jan-
                          uary 1981.'
                            On July 8, 1982, in Natural Resources Defense Coun-
                          cil, Inc.  v. Environmental Protection Agency, the U.S.
                          Court  of Appeals for the Third Circuit overturned the
                          EPA decision and made the regulations effective retroac-
                          tively as of March 30, 1981.' The court's decision was a
                          setback for one element of the President's regulatory re-
                          lief program and underscored  that the Administrative
                          Procedure Act governs the process of reforming existing
                          regulations every bit as much as it controls their initial
                          promulgation.

                          3.46 Fed. Reg. 9404 (Jan. 28. 1981). issued pursuant to Clean Water
                            Act §307
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13 ELR 10012
ENVIRONMENTAL LAW REPORTER
                                                                                                                      1-83
The Pretrealment Program


The pretreatment program  plays a  critical role  in  the
Clean Water  Act's scheme  for water  pollution control.'
In  contrast  with  the  Act's  other  major  components,
however, its statutory framework is beguilingly simple:

     The Administrator shall,  within one hundred and eigh-
   ty days after the date of enactment of this title and from
   time to time thereafter, publish proposed regulations es-
   tablishing pretreatment standards  for introduction of
   pollutants into treatment works (as defined in section 212
   of this Act) which are publicly owned for those pollutants
   which are determined not to be susceptible to treatment
   by such treatment works or which  would interfere with
   the operation of such treatment works. •

   While the  statutory directive  seems straightforward,
Congress' intent was not so simple. The legislative history
revealed a concern that EPA avoid requiring indirect dis-

 5. To understand the substantive importance  of the federal pretreat-
   ment program, a brief discussion of the facts on which  it is based
   follows. This discussion is based on information contained in briefs
   filed in NRDC v. EPA, note 4.supra, and in  National Association of
   Metal Finishers v. EPA. Nos.  79-2256 et al. (3d Cir.t (These cases
   involve all the challenges on the merits of EPA's 1981 pretreatment
   program regulations).
       About 87.000 industrial facilities discharge their wastewaters
   into publicly owned treatment  works (POTWs). In contrast, about
   60.000 industrial facilities discharge directly into the nation's rivers.
   lakes, streams, estuaries, and  oceans. POTWs  also receive waste
   streams  from residences,  city streets, and other  nonindustrial
   sources.  Although industrial facilities contribute only  a modest
   amount of the total flow of wastewater to POTWs. they  contribute
   about 65 percent of the total toxic metals which enter POTWs and
   an even greater share of other toxic pollutants such as ethyl benzene,
   cyanide, and phenol. Some of the toxic pollutants found in the efflu-
   ent from industrial  facilities are carcinogenic, mutagenic,  teratogen-
   ic. or acutely toxic to humans and aquatic organisms. Many of these
   toxic pollutants pass through the POTW and are discharged into the
   nation's waters. Other pollutants in the industrial facilities' effluent
   may interfere  with the operation of POTWs. Finally, some of the
   polluianis discharged  by  industrial  facilities  could  corrode ihc
   POTW\ pipes, ignite and explode wiihin the POTW. or otherwise
   be incompaiible wuh ihe POTW.
       Prior to enactment of the Federal Water Pollution Control Act
   Amendments of 1972 (FWPCA) (Pub. L. No. 92-500. 86  Stat. 816),
   no federal requirements applied to discharges to POTWs. However,
   in many situations the industrial user of a POTW was subject to pre-
   treatment requirements which were imposed by local ordinances or
   by POTW user contracts. However, these requirements were often
   concerned only with protecting the POTW itself and not water qual-
   ity. POTWs would prohibit the discharge of substances which would
   destroy the biological treatment system or physically damage the fa-
   cility. These requirements were not uniform and rarely  dealt with
   pollutants which simply pass through the POTW into the  nation's
   waters.
       Two factors related to (he 1972 FWPCA heightened  federal in-
   terest in pretreatment issues. First, the principal purpose  of the Act
   is to reduce the  discharge of pollutants into (he  nation's waters.
   Congress made direct discharges of pollutants subject to technology-
   based effluent limitations established by EPA. See §§301. 304,  402.
   33 U.S.C.  §§1311. 1314. 1342, ELR STAT. 42123. 42126. 42141.
   However, Congress recognized that many of these regulated pollu-
   tants  passed  through POTWs; if it did  not regulate indirect dis-
   charges, its efforts to clean up the nation's waters would be unsuc-
   cessful.
       Second. Congress imposed effluent limitations on POTWs and,
   (o help POTWs meet these requirements, established a construction
   grant program which would provide up to  70 percent of the funds
   necessary to  meet the  Act's effluent limitation requirements. This
   was the largest public works program in the nation's history. Thus.
   Congress had a strong interest in establishing a pretreatment  pro-
   gram which would protect the federal investment in POTW con-
   struction. Accordingly, the FWPCA established a pretreatment  pro-
   gram which applied to indirect discharges into POTWs.
  6.Secnon 307(b)(l). 3? U.S.C. SI3l7(b)(l). ELR Sr*r. 42130(empha-
   sis added).
                                                         21
                     charges  to  provide  treatment  where  treatment  was
                     already being adequately provided by a  publicly owned
                     treatment work (POTW):
                        In no event is it intended chat pretreatment facilities be
                        required for  compatible  wastes as a substitute for ade-
                        quate municipal waste treatment works.'

                     This policy,  which was  reinforced by the  1977  Clean
                     Water  Act Amendments, created the need for relatively
                     complex regulatory requirements which became the prin-
                     cipal source of serious delays in establishing the pretreat-
                     ment program.
                        EPA decided to implement the pretreatment program
                     by developing general requirements which apply to all in-
                     direct  discharges and  specific categorical  pretreatment
                     effluent limitation standards which apply  to indirect dis-
                     chargers in each  major  industrial point source category.
                     TJie general pretreatment requirements establish: (1) ad-
                     ministrative processes  by  which  the pretreatment pro-
                     grams will be developed and adopted by local authorities;
                     (2) general prohibitions against  the discharge of pollu-
                     tants which could interfere with  a POTW by, for exam-
                     ple,  causing  fire,  explosion,  or  corrosion;  and  (3)
                     methods by which the categorical pretreatment standards
                     will be  applied to specific industrial point sources, such as
                     removal credits, the combined waste stream formula, and
                     definitions of "interference" and "pass through."'

                     Legal Challenges to the Pretreatment Program

                     Congress  intended that  EPA implement the federal
                     pretreatment  program by August 1973, nine months after
                     enactment of the 1972  Federal Water Pollution  Control
                     Act (FWPCA). EPA failed to meet the deadline. The Na-
                     tural Resources  Defense  Council  (NRDC) filed suit to
                     compel performance and, in June  1976, the suit  was set-
                     tled, along with several  others,  producing the NRDC
                     Consent Decree.'  Under  the  Decree,  EPA  agreed to
                     implement  the pretreatment program  "as  expeditiously
                     as possible."10
                        The  current litigation involves  EPA's  most recent
                     attempt to meet its obligations  under the Consent Decree
                     and the Clean Water Act." On  January 15, 1981, the
                      7.S. CONF. REF. No. 92-1236. 92d Cong.. 2dSess.. as reported in 1972
                        U.S. CODE CONG. &. AD. NEWS 3807.
                      8.40C.F.R. pt. 403 aid 46 Fed. Reg. 9404 (Jan. 28, 1981). The indus-
                        try petitions for review on the merits of the pretreatment regulations
                        promulgated by EPA in January 1981 involve challenges 10 those
                        pan* ol'the regulanoni which address the lour i-siies noied in ihc
                        text. In  addition, environmental oream/ations raised other merits
                        issues concerning [he  1981 preireatment regulations.
                      9. NRDC v Train, ft ELR 20588 ID.D.C. ]9~h). a\ imttlified. NRDC
                        v.Costlt.9ELR:0176(D.D.C. 1979).
                      10. NRDC v. Train. 6 ELR 20588. 20592 (D.D.C.  1976) ("The regula-
                        tions developed pursuant to this Agreement shall be applied and
                        shall be required to be applied by (he Administrator to the full extent
                        of his authority as expeditiously as possible (o  all  point  sources
                        covered by such regulations.").
                      11. A brief history of the  1976-1981 period follows.
                            In 1977,  Congress  generally endorsed the  Decree,  enacting
                        many of its requirements into law. Clean Water Act of 1977. Pub.
                        L. No. 95-217. 91  Siat. 1566: see NRDC v. Costle. 9 ELR 201'n.
                        20178 (D.D.C. 1979) ("In new  ol" Congress' general endorsement
                        of ihe approach of the Agreement (Consent Decree] . . . ."). Also in
                        1977. EPA proposed  regulations which it promulgated in final form
                        in June 1978. 43 Fed. Reg. 27736 (June 26, 1978). These regulations
                        were challenged by industry and environmental groups. In  May

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1-83
NEWS & ANALYSIS
                                                                                                           13 ELR 10013
EPA Administrator signed  final  pretreatment  regula-
tions;  these regulations,  promulgated  on  January  28,
1981, after President Reagan's inauguration, were to be-
come effective on March 13,  1981." Suits challenging the
1981  regulations on the merits were  filed in the Third,
Seventh, and District of Columbia Circuits. All of these
suits were consolidated in the Third Circuit and are now
pending.
  On January 29, 1981, President Reagan issued a mem-
orandum directing agencies  to postpone for 60 days all
regulations  which  were  scheduled  to become effective
during  the 60-day  period.11  On  February 17, 1981, the
President issued E.O.  12291 which directed agencies to
defer the effective  date of pending  major regulations to
the extent possible within existing laws to permit review
and reconsideration pursuant  to the regulatory reform
provisions of the Executive Order." E.O. 12291 required
agencies to prepare a Regulatory Impact Analysis, which
was designed  to examine the costs and benefits of the
deferred  regulations and  alternatives  to  them."  In
response to the Executive Order, in March 1981  EPA
deferred "until  further  notice" the  1981  pretreatment
regulations,  leaving  in  place  the   1978  pretreatment
   1979. industry reached a settlement agreement with EPA which pro-
   vided in part that the  1978 regulations would remain effective and
   that EPA would propose certain amendments to the pretreatment
   regulations consisienl with the settlement agreement. The settlement
   did not affect the environmental organizations'  challenges  to the
   1978 pretreatment regulation. The elements of the pretreatment pro-
   gram which were most controversial were those which translated the
   EPA technology-based categorical pretreatment effluent limitations
   into the actual limits which  point sources would  have to meet.
   Among the controversial elements were: the combined waste stream
   formula and removal credit system and the definitions of "interfer-
   ence" and "pass through."
       In  October 1979, EPA proposed regulations which were de-
   signed to comply with the settlement agreement. 44 Fed. Reg. 62260
   (Oct. 29. 1979). Detailed comments submitted by  parties to the set-
   tlement indicate that they considered the proposed regulations to be
   inconsistent with the  settlement agreement in several key  areas.
   Many other detailed comments were submitted to EPA. underscor-
   ing the fact that the program remained highly controversial. In June
   1980, the House Public Works and Transportation Committee held
   oversight hearings on the Clean Water Act. including the pretreat-
   ment program. The Committee issued a report in which it indicated
   its concern with aspects of the pretreatment program, including the
   removal credit system  which it recommended be abolished. HOUSE
   SUBCOMMITTEE ON REVIEW AND OVERSIGHT OF THE HOUSE COMMIT-
   TEE os  PUBLIC WORKS AND TRANSPORTATION, IMPLEMENTATION  OF
   THE FEDERAL WATER  POLLUTION CONTROL ACT. 96TH CONG..  2o
   SESS. 59-60(1980).
 12.46 Fed. Reg. 9404 (Jan. 28. 1981).
 13.46 Fed. Reg. 11227 (Feb. 6. 1981).
 14.46 Fed. Reg. 13193 (Feb. 19, 1981), ELR REG. 45035.
 15. This  executive  order was the  keystone of the Reagan Administra-
   tion's new regulatory reform program. Two major  institutional
   changes were mandated by the program: (i) as noted above, agencies
   were required to prepare more detailed Regulatory Impact Analyses
   (RIAs)  than was true under the Carter Administration on all major
   rules and (ii) major rules, together with their  RIAs.  were to  be
   submitted to the Director of the Office of Management and Budget
   (OMB) for review before the rules were  issued  in  proposed final
   form. Subject  to certain narrow exceptions, the Executive Order
   gave the  OMB Director authority  to require  agencies  to defer
   promulgation pending resolution of concerns raised by OMB. It also
   imposed a number of other procedural and substantive analytical
   requirements, all of which were supposed to result in a more careful
   review of the costs and legal implications of agency regulations. It is
   fair to conclude that the underlying purpose  of  the regulatory
   reform program was "regulatory relief: i.e., to reduce the number.
   length, and detail of regulations and to reduce their direct costs  on
   the regulated entities.
            rules."
              In June 1981 NRDC filed its petition for review in the
            Third  Circuit, contending  that  the  indefinite  deferral
            was  illegal  under  the  Administrative Procedure  Act.
            due to EPA's failure to comply with the APA notice-and-
            comment requirements. In brief, NRDC contended that
            the effective date of a rule is an integral, substantive ele-
            ment of the rule itself. Accordingly,  any  change  in the
            effective date  of a final rule is a  substantive rulemaking
            action which can be accomplished only by following the
            strict  notice-and-comment  rulemaking  procedures  of
            §553 of the APA." EPA and industry both took the posi-
            tion that, because of EPA rulemaking actions in October
            1981 which, inter alia, made the 1981 pretreatment regu-
            lations effective in January, 1982, the case was moot or,
            if not  moot, that NRDC had received all the relief  to
            which  it was  entitled. In addition, industry contended
            that deferral of the future effective date of a rule is not a
            rule .within the meaning of the APA and, even if it were,
            gobd cause existed for EPA's decision not to follow APA
            notice-and-comment   rulemaking  requirements  in  this
            case.

            The Ttoerd Cireanit's IDtecssiom

            The  case  posed the  issue  whether an  agency,  without
            following APA notice-and-comment rulemaking require-
            ments, could indefinitely defer the effective date of a reg-
            ulation which  had been issued in final  form but  had not
            become  effective.  The  basic  question was whether,  as
            NRDC contended, the effective date  element of a pro-
            mulgated regulation is itself a  "rule" within the meaning
            of the APA.  The  intervenors  claimed  that adopting
            NRDC's  position "would  be making, a  fundamental
            change in existing laws .  . . .'"° The  gist of  industry's
            contention was that EPA  in deferring  the  effective date
            did not  prescribe  a course  of conduct or substantially
            affect  any  interests but, instead, simply maintained the
            status quo based on strong public interest considerations.
            16.46 Fed. Reg.  19936 (Apr. 2. 1981).  Pursuant to  the Presidential
               Memorandum of January 29. 1981 directing that the effective date
               of certain regulations be postponed for 60 days, on February 6. 1982
               EPA deferred the effective date of the 1981 pretreatment regulations
               until March 30. 1981. 46 Fed. Reg. 11972 (Feb. 12. 1981). This EPA
               action was not challenged by  NRDC. and the Third Circuit implicit-
               ly considers ii valid because its decision makes the 1981 pretreatmeni
               regulations effective as of March 30, 1981.
            17.5 U.S.C. §553. ELR STAT. 41002.
            18. Brief for Intervenors Chemical  Manufacturers Association. Nov.
               23.  1981, at 22. Intervenor Ford Motor Company also contended
               that because EPA  indefinitely deferred  the 1981 pretreatmeni reg-
               ulations before they had become effective, "the temporary deferral
               action was simply  one step in an unfinished rulemaking" and  no
               APA notice-and-commem violation occurred; there was "no rule"
               to which the APA could have applied. Brief for Intervenor Ford
               Motor Company, November 23. 1981.  at 22. 27-37. The court's
               principal reason for rejecting imervenor's finality contention was
               that the 1981 final  pretreatmeni regulations were effective for pur-
               poses of judicial review  on February 10. 1981. The court concluded
               that "(t]o argue that they were  not final for purposes of being
               altered by EPA renders  illusory (heir finality for purpose* lor mdi-
               cial review." \'RDC v. EPA. note 4 supra, at 20837. The coun also
               noied lhai ihe D.C. Circuii on January 29. 1982. held in Consumer
               Energy Council of America \. FERC. 67? F.2d425(D.C. Cir. 1982).
               thai a final agency  rule which was not yet effective was a final rule
               rule for which APA nonce-and-commem requirements had 10 be
               mei before ihe agency could repeal the rule. Id. ai 446. discussed in
               NRDO. EPAno(e-isupra. ai 20837-38.
                                                        22

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13ELR 10014
ENVIRONMENTAL LAW REPORTER
                                                                                                            1-83
   The intervenors' position was significantly undercut by
twci facts. First, EPA did not contend that deferral of the
effective  date was not rulemaking within the meaning of
the APA; EPA's basic strategy was to seek to avoid judi-
cial review." Thus, in October 1981, in an effort to moot
the  case,  EPA issued an  order  making the challenged
rules effective in January 1982; at the same time, and
following APA notice-and-comment  requirements, EPA
proposed  indefinitely deferring the effective date  of the
rules beyond January 1982." Thus, only the industry in-
tervenors took the position that EPA's March 1981 indef-
inite deferral action was not a rule.
   Second,  the  Court  of  Appeals  for the  District of
Columbia Circuit had held on April 16, 1981, in Council
of Southern Mountains Inc.  v. Donovan, that  a tempo-
rary deferral of a rule was rulemaking  with the meaning
of the APA.:' In Council  of Southern Mountains, as in
NRDC v. EPA, the government did not dispute that the
deferral order was a rule within the meaning of the APA.
   It was  in this context that the Third Circuit analyzed
the  issues in NRDC v.  EPA.  It considered indefinite
deferral of a rule as tantamount to a repeal and pointed
out that the APA defines rulemaking to include "agency
process for ... repealing a rule."" Having reached this
conclusion, the Third Circuit  had to decide whether the
rulemaking action  fit either of the two exceptions  to the
notice-and-comment requirements:  whether  it  was an
"interpretive rule" or whether "good cause" existed to
avoid the notice-and-comment requirement."
   Courts rely on the substantial impact test to distinguish
interpretive rules, which do not require compliance  with
notice-and-comment procedures, from substantive rules,
which must comply. The  Third Circuit found  that the
deferral would have a "substantial impact" on the regu-
lated industry because EPA had earlier prescribed  that
the categorical pretreatment standard for the electroplat-
ing industry would take effect three years after promul-
gation of the combined waste stream formula, which was
part of the deferred regulations." Thus, as a consequence
of the deferral, the regulated  industry  could indefinitely
postpone installation and operation of the pollution con-
trol equipment necessary to meet the categorical pretreat-
ment effluent  limitations.  That postponement, in turn,
meant that discharges of pollutants would continue for a
longer period than if EPA had not deferred the effective
date. Accordingly, the court  held that  "the indefinite
postponement of the effective date of a final rule fits the
APA definition  of 'rule'  where, as here, the postpone-
ment has a substantial impact upon the public and upon
the regulated industry . . .  .""
   As noted above,  the APA permits an agency to avoid
 19. See Brief for Respondent (EPA). Nov. 23. 1981.
 20.46 Fed. Reg. 50502. 50503 (Oct. 13. 1981).
 21.653 F.2d 573 (D.C. Cir. 1981).
 22.5 U.S.C. §551(5). ELR  STAT. 41002. The court reasoned that an
   "agency could (albeit indirectly) repeal a rule simply by eliminating
   (or indefinitely postponing) its effective date, thereby accomplishing
   without rulemaking something for which the statute requires a rule-
   making proceeding."  NRDC v. EPA. note 4  supra. 12 ELR at
   20839: set also id., at 20840 n.23.
 23. 5 U.S.C. §553(b). ELR STAT. 41002.
 24.40C.F.R. §413.01.
 25. NRDC v. EPA. note 4 supra. 12 ELR at 20840.            23
                    compliance  with  the  notice-and-comment procedures
                    where "good cause" exists.26 In analyzing the good cause
                    issue, the Third Circuit held that  the exception "  'should
                    be limited to emergency situations'  "'•' and that there is a
                    "need  for exceptional circumstances before the immi-
                    nence of  a deadline will constitute  good causes."1'  It
                    found that the E.O. 12291 directive that promulgated-
                    but-not-yet-effective major rules  be deferred for further
                    review  and consideration and  preparation of a Regula-
                    tory  Impact  Analysis did not constitute good cause for
                    avoiding APA requirements, because: (1) E.O. 12291 re-
                    quired  agencies to act consistent  with  applicable law,
                    which,  the Third Circuit found,  included the APA, and
                    (2) as to the 1981 pretreatment regulations. EPA could
                    have satisfied  the requirements  of both the APA and
                    E.O. 12291." The court noted  that EPA's October 1981
                    rulemaking,  which prescribed  a  January 1982 effective
                    date and which also proposed deferring the regulations in-
                    definitely, supported the coun's conclusion that rulemak-
                    ing complied with E.O. 12291, according to EPA, and
                    with  the APA.!0 Thus, the court  held that "good cause"
                    did not exist for EPA's failure to comply with the APA.

                    Legal and  Policy Implications of NRDC v. EPA

                    Benefits of APA Compliance: Better Decisionmaking

                    The Third Circuit's decision is part of a long line of cases
                    which hold that courts will strictly enforce the procedural
                    requirements of the APA.JI The Third  Circuit  briefly
                    noted only two of the various policy considerations that
                    underlie those cases. In determining that the deferral ac-
                    tion was a rulemaking subject to  the APA, it quoted the
                    recent observation by U.S. Court of Appeals for the Dis-
                    trict of Columbia Circuit in Consumer Energy Council of
                    America v. FERC" that:

                      The value of notice and comment  prior to repeal of a
                      final rule is that it ensures that an agency will not undo
                      all (hat it accomplished through  its rulemaking without
                      giving all parties an opportunity to comment on the wis-
                      dom of repeal."

                    26. Section 553(b)(3) provides:
                       Except when  notice or hearing is required by statute, this subsec-
                       tion does not apply—
                             (A) to interpretative rules, general statements of policy, or
                            rules of agency organization, procedure, or practice; or
                             (B) when the agency for good cause finds (and incorporates
                            the finding and a brief statement  of reasons therefor in the
                            rules issued) that notice and public procedure thereon are im-
                            practicable, unnecessary, or contrary to the public interest.
                    27. NRDC v. EPA. note 4 supra. 12 ELR at 20840, quoting Consumer
                      Energy Council of America v. FERC.  673 F.2d 425  (D.C. Cir.
                      1982).
                    29. NRDC v. EPA. note4iupra. 12ELR at 20841 n.25.
                    29. Id. at 20840-42.
                    30. Id. at2084l-42.
                    31.E.g..  NLRB v. Wyman-Gordan Co., 394 U.S. 759 (1969): State
                      Farm Mutual Auto Ins. Ass'n v. Dep't of Transportation, 680 F.2d
                      206 (D.C. Cir. 1982): American Fed'nof  Gov'i Employees v. Block.
                      655 F.2d  1153 (D.C. Cir.  1981): American Bus. Ass'n v. U.S.. 627
                      F.2d 525 (D.C. Cir. 1980): New Jersey Dep't of Envtl. Protection v.
                      EPA, 626F.2d 1038, 10 ELR 20963 (D.C. Cir. 1980); Weyerhauser
                      Co. v. Costle.  590 F.2d 1011. 9 ELR  20284 (D.C. Cir.  1978): Tex-
                      aco, Inc. v. Fed. Power Comm'n, 412 F.2d 740(3d Cir. 1969).
                    32.673 F.2d 425. 445-46 (D.C. Cir. 1982).
                    33. NRDC v. EPA. note4 jupro. 12 ELR at 20840.

-------
l-o3
NEWS & ANALYSIS
The Third Circuit then emphasized the educational and
informational value of  following  the  notice-and-com-
ment procedures, noting that had EPA complied with the
APA in March 1981, it might have discovered sooner the
useful information which it obtained as a result of its Oc-
tober 1981 rulemaking.14
  The  basic policies which  the Third Circuit's decision
advances are outlined in the cases relied on by the court.
First, requiring  strict compliance with  the APA's rule-
making requirements provides the courts with a clear cut
role in  the judicial review  process while ostensibly en-
abling  them to avoid making judgments on the merits of
the agency action in issue. Second, strict observance of
the APA's requirements theoretically.ensures public in-
volvement in the rulemaking process,  avoids domination
of decisions by narrow or special interests, and educates
the agency, the  public,  and  the  regulated community
about  the implications of the proposed rule and its al-
ternatives.  In sum, courts consider compliance with the
APA's  procedural requirements as a  means for promot-
ing better decisionmaking and good government.
  Under the Third Circuit's decision, agencies have  an
incentive to consult fully and thoroughly with all poten-
tially affected interests prior to promulgating a rule. Sim-
ilarly,  interested parties have an incentive for participat-
ing in the rulemaking process rather than waiting to see if
the agency is serious and assessing the impact of the pro-
posed  rule after its promulgation in  final form. Other-
wise, the agency's action can be modified only by under-
taking a full scale rulemaking process.
  The Third Circuit may also have viewed its decision as
making judicial challenge of agency  rules less likely to
occur and easier to resolve when brought. The decision
makes it more likely that all contested  issues will be be-
fore the agency  when it makes its decision. As a result, it
is more likely that the agency will act  reasonably, relying
on  the best evidence and balancing competing interests,
than that the agency will act "arbitrarily and capricious-
ly." Moreover,  judicial review of such  a decision would
be on the merits and, for such cases, as  the Third Circuit
emphasized, courts apply a "deferential standard of re-
view for [the] substance of agency action.""

APA Compliance And Regulatory Change

To the extent  that the Third Circuit's  decision represents
sound precedent, it foreshadows certain significant policy
implications. The first is that if outgoing administrations
can adequately complete rulemaking proceedings prior to
the inauguration, new administrations can reverse those
decisions only by instituting new rulemaking proceedings.
Two aspects of the Third Circuit's decision reinforce this
conclusion. The Third Circuit emphasized that efforts to
overturn  prior  administration  last  minute actions are
those " 'sharp changes of agency course [which] consti-
tute "daneer sienals" to which a reviewing court must be
alert.' """

M.W. 3120842.
35. W. 3120838.
36. Id. quoting State Farm Mutual Auto. Ins. Co. v. DOT, 680 F.2d
   206. 220 (D.C. Cir. 1982). itself quoting judge Levemhal in Joseph
   v. FCC. 404  F.2d 207. 2\2 (D.C. Cir. 1968). Compare Andrus v.
   Sierra Club. 44; L'.S. 747. .158.9 ELR 20390. 20393 (1979).
             [I]t makes sense to scrutinize the procedures employed by
             the agency  all the more closely where the agency has
             acted, within a compressed time frame, to reverse itself
             by the procedure under challenge."
           In subjecting the agency action in issue to close scrutiny,
           the Third Circuit held that efforts to defer the effective
           date of a rule are rulemaking actions subject to the  APA
           procedural requirements. Thus, a new  administration
           will have to weigh proposals to reverse  the last-minute
           rules of the previous administration as carefully as it does
           other rulemaking proposals in ranking its  priorities.
             The second implication is that the role of career civil
           servants is probably enhanced by  the decision. Sudden
           rulemaking changes are  more likely to result  from  the
           appointment of new policy making officials, usually poli-
           tical  appointees, than from discoveries of new informa-
           tion.  By requiring substantive  rulemaking changes to
           comply with  APA  notice-and-comment  requirements
           and, accordingly,  to be  based on  a record, the court's
           opinion means that new officials will have a great need to
           rely' on experienced career officials. These are  the people
           who  can ensure that the  rulemaking proceeds in a legit-
           imate fashion; i.e., that proposal alternatives  to existing
           rules are clearly supported by the agency's record.

           The Unanswered Questions

           D Did the Decision Fundamentally Change  the Law?
           The Third Circuit decision leaves several important ques-
           tions unanswered.  The court chose not to address explic-
           itly intervenors' contention that a fundamental change in
           the law would be effected if the court required applica-
           tion of APA notice-and-comment requirements to agency
           action deferring the effective date of a  rule.  The  court
           justified its application of those procedural requirements
           by construing EPA's  indefinite deferral  of the rule as a
           "repeal," which is explicitly  subject  to APA. require-
           ments. Thus, under the court's analysis its decision does
           not change the law.

           D Must  AH  Deferrals   Comply   With  Notice-and-
           Comment Requirements? It is clear that  the court found
           its decision easy because EPA had  indefinitely  postponed
           the rule, an action which the court could analogize to a
           repeal, which is expressly  identified in the APA as subject
           to notice-and-comment. Council of Southern Mountains,
           by contrast, involved  a six-month  rather than indefinite
           deferral." The D.C. Circuit held that while this deferral
           was subject to APA notice-and-comment  requirements, it
           met the good cause exception. Although the Third Circuit
           stated that it agreed with the D.C.  Circuit's  holding in
           Council of Southern Mountains,  it  chose to rest NRDC v.
           EPA on the narrower ground that an indefinite deferral is
           effectively a repeal and  therefore explicitly  subject to
           APA notice-and-comment requirements."

           3T Id.
           38.653 F.2d 573 (D.C.  Cir.  1981).
           39./V7?£>Cv. EPA. note 4 supra, 12 ELR ai 20839. The Third Circuit's
              decision is narrow in another respect. By holding that the APA
              notice-and-comment requirement applies because there was  sub-
              stantial impact "upon the public and upon the regulated industry."
              the court leaves open the possibility that both  sectors must be a
              fected before a rule could be considered substantive rather  tha
              interpretative, (emphasis added.)
                                                   24

-------
13ELR 10016
ENVIRONMENTAL LAW REPORTER
                                                                                                          1-83
  Thus, NRDC v. EPA leaves open the question whether
a 60-day, 90-day, six-month, or one-year deferral must
necessarily comply with  APA  notice-and-comment  re-
quirements. For example, if a 60-day deferral was subject
to  APA  notice-and-comment  requirements and only
"emergency situations" would constitute "good cause"
for  not complying with  these  requirements,  agencies
might be prevented  from undertaking reasonable fine
tuning of regulations which had not yet taken effect. This
factual setting and concern were at the core of the conten-
tion by NRDC  industry intervenors that the Third Cir-
cuit would be making a fundamental change in the law if
it held that deferrals of a future effective date are subject
to APA notice-and-comment requirements.
  The Third Circuit's decision suggests that it  may have
been at least  partly persuaded  by industry's contention
and wanted to leave open the possibility that some defer-
rals are not subject to notice-and-comment requirements.
Two possibilities exist.
   First,  the Third Circuit may  be willing to  recognize
"good cause" exceptions for deferrals that are broader
than the District of Columbia Circuit's "emergency situ-
ations"  or   "exceptional   circumstances" standards,
which the Third Circuit cited with approval in  NRDC v.
EPA.'" In fact,  this is what the Third Circuit has recently
done. In Philadelphia Citizens in Action v. Schweiker,"
the  court distinguished two  of  its earlier "good cause"
decisions, which had led the Philadelphia  trial court to
overturn  an  agency  rulemaking action for failure  to
follow  APA  notice-and-comment requirements,  and
noted that it interpreted these cases "more cautiously.'2
Thus, Philadelphia indicates that the  court will provide
more latitude for agency action to qualify for the  "good
cause" exception.
   Second, the Third  Circuit may be willing to construe
the  "substantive impacts" test  narrowly, so that short-
term deferrals could  be considered "interpretative rules
... or rules of agency organization, procedure, or prac-
tice"0 rather  than substantive rules. As a result, the rule-
making  action  would  not have  to comply with APA
notice-and-comment requirements. Whether this was the
court's intent cannot  be divined from  its decision in
NRDC v. EPA, but the option was not foreclosed by the
court.

~ Does E.O. 12291 Have Any Legal Significance? In
NRDC v. EPA, the Third Circuit carefully avoided any
implication that it was construing the applicability  or
meaning of E.O.  12291. The court  asserted  that EPA
"could have  complied  with both the APA and E.O.
12291."" It found support for its conclusion by pointing
to EPA's rulemaking actions in October 1981 when EPA

40. Id. at-20841 n.25. In addition, these very narrow "good cause" ex-
   ceptions are similar 10 ihe Third Circuit'* decisions in Sharon Sieel
   Corp. v.  EPA. 597 F.2d .177.  9 ELR 2031 fi (3d Cir. 1979). and
   American Iron & Steel Inst. v. EPA. 568 F.2d 284, 7 ELR 20738 (3d
   Cir. 1977).
41.669F.2d877(3dCir. 1982).
42. Id. at 883.
4.V 5 U.S.C. 5553(b)<3). ELR Sr*r. 41002.
44. NRDC v. EPA, note 4 supra. 12 ELR at 20841.
                    purported to comply with both the APA and E.O. 12291.
                    But the court  did not independently analyze the appli-
                    cable law to reach its conclusion. As a result, ii  avoided
                    two issues.
                     First, the Third Circuit explicitly avoided the issue "of
                    whether a deadline imposed by an Executive Order is en-
                    titled to the same  deference as a deadline  created by
                    statute."" Second, and  more interesting, the court did
                    not rule on whether E.O. 12291 provides agencies with a
                    legal basis  for avoiding  other requirements. Under the
                    Third  Circuit's NRDC  v. EPA discussion,  this would
                    appear  not to  be the case, at least  with respect to the
                    APA.  In addition,  E.O. 12291 states that it  "is not in-
                    tended to create any right or benefit, substantive or pro-
                    cedural, enforceable at law by a party against the United
                    States,  its  agencies,  its officers  or any person."4' But,
                    both E.O.  12291 and the Third Circuit decision leave
                    ope,ri the question whether in fact a situation could arise
                    in which the Executive Order could affect the rights of a
                    party. The most obvious example would be one in which
                    compliance with the Executive Order entailed noncompli-
                    ance with other prescribed procedures. In Public Citizen
                    v. DHHS, the  District of Columbia Circuit recently re-
                    fused to reverse a district court decision which found that
                    an  indefinite deferral of an agency  rule undertaken in
                    compliance with "the spirit" of E.O. 12291 and  without
                    notice-and-comment did  not violate APA requirements.'7
                    The District of Columbia Circuit gave  the agency one
                    month to decide whether it would modify its rulemaking
                    action.  Thus,  the circuit court  backed  away from the
                    holding one might  believe was mandated by its earlier
                    decision in Council of Southern Mountains." As a result,
                    legal effect of E.O. 12291 on agency decisionmaking and
                    procedures remains unclear.

                    Conclusion

                    By  its  own reasoning NRDC v.  EPA does not substan-
                    tially change the law  that governs  agency rulemaking
                    practices. The  principal practical effect of the decision is
                    to goad the Third Circuit and the parties before  it to re-
                    solve more quickly the merits of the pending cases on the
                    pretreatment regulations and to start  tolling  the three-
                    year period by  which those subject to these pretreatment
                    regulations—the integrated electroplate  industry—must
                    comply with their requirements. The principal legal effect
                    is to reinforce the statutory  requirement that agencies
                    must strictly observe prescribed APA procedures when
                    modifying or substantially delaying regulations. Further-
                    more,  the decision  underscores that courts are likely to
                    require strict APA compliance when the issue is doubtful.
                    45. Id. at2084l n.26.
                    46. Exec. Order No. 12291. §9, ELR REG. 45037 (emphasis added).
                    47. Public Citizen v. DHHS. 671 F.2d 518 (D.C. Cir. 1981).
                    48.653 F.2d 573 (D.C. Cir. 1981). Judge Edwards makes this point in
                      his dissent in Public Citizen v. DHHS. 671 F.2d  518  (D.C.  Cir.
                      1981).
                                                     25

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D/REG. 10/#36

                                    CHAPTER 3
                       CATEGORICAL PRETREATMENT STANDARDS

     Local administration of National  Categorical  Pretreatment Standards has
become a major  focus  for municipalities in the development and implementation
of their pretreatment programs.  This  chapter provides a short history of
categorical pretreatment standards, a  brief, discussion of the relationship
between the standards for direct dischargers  and those for indirect dis-
chargers (industries  that discharge to POTWs  are indirect dischargers), and an
overview of methods available for modifying the standards as applied to
individual industrial users.

Background of Categorical Standards
      Pollutant  discharge standards applicable to specific categories of
industries were promulgated as early as the mid-1970s for a list of 56
industries.  This  list included processors of dairy  products, fruits and
vegetables, seafood,  and sugar as well as manufacturers of chemicals, plas-
tics, fertilizer,  soap, paint, and other products.  Although the regulations
were  primarily  concerned with setting standards for  industries that discharge
directly into rivers, lakes, and other natural water bodies, many of them also
contained pretreatment standards for industries that discharge to POTWs.
Except where  they  are superceded by more recent regulations, these early
standards remain in effect.

      Most of  the pretreatment standards in the early regulations limited only
conventional  pollutants such as pH, oil and grease,  BOD, and suspended solids.
In some industry categories, the pretreatment standards section simply re-
ferred to 40  CFR Part  128, which has been deleted but substantively replaced
by 40 CFR Part  403.  The Prohibited Discharge Standards contained in 40 CFR
403.5 are as  stringent or more stringent than the pretreatment standards
expressed in  many of  the early regulations.

      As a result of a suit brought by the Natural Resources Defense Council
 (NRDC) against  EPA in  1976, EPA was forced to shift  its focus from the control
of conventional pollutants to  the  control of toxic pollutants.  As part of the
settlement  of this suit, EPA agreed to develop technology-based standards to
                                      3-1

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E/REG. X-l/#36

control 65 toxic substances and classes of toxic substances produced in 21
categories of industries.  EPA later refined its effort to include a more
detailed list of 129 (now 126) pollutants representative of the broader list
of 65 toxic pollutants and classes, and 34 (now 26) industrial categories.  In
developing the pretreatment standards for these pollutants and these indus-
tries, EPA needed to know what level of each pollutant would cause inter-
ference with wastewater treatment processes and what amount of each pollutant
is removed by typical treatment processes and, therefore, does not pass
through into the receiving waters.  Various studies were then conducted to
provide the technical data needed to establish specific pretreatment stan-
dards.  As a result of these efforts, categorical pretreatment standards have
been promulgated and continue to be promulgated for pollutants discharged from
industries identified as being the primary sources of toxic pollutants.  (See
Attachment 3.1 for status of categorical pretreatment standards.)

Development of Categorical Pretreatment Standards
     Categorical standards are technology-based limits on the discharge of
pollutants.  As such, they constitute minimum standards and may be superceded
by more stringent sludge disposal limitations or water quality-based standards
developed to protect specific lakes, streams, and other natural waters.
Economic impacts on affected industries are taken into consideration in the
development of categorical standards which assume industry-wide usage of the
best available technology (BAT) for pollution control.

     The Effluent Guidelines Division of EPA first develops categorical
standards for industries that discharge directly into natural waters.
Pretreatment standards for indirect dischargers (industries that discharge to
POTWs) are based on the standards for direct dischargers.  If POTW treatment
plant processes remove any of an industry's pollutants to the same extent as
the technology assumed in establishing the standards for direct dischargers,
then pretreatment standards for those pollutants as discharged from that
industry are generally not promulgated.  However, if a specific pollutant
passes through the POTW to a greater extent than it would if the industrial
user were a direct discharger using the "best available technology," then the
indirect dischargers are required to meet the same pollutant standards as
those applied direct dischargers of that category.
                                     3-2

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E/REG. X-1///36

     EPA policy  is  to  establish categorical standards  that  are  production-
based whenever possible.   A production-based standard  is  a  particularly
equitable form of standard.   Industries that conserve  process waters  are not
penalized by a production-based standard as they would be with  a  simple
concentration-based  standard.   Moreover, production-based standards discourage
the substitution of  dilution for treatment.  However,  application of  these
standards requires  a POTW to have reliable data concerning  industrial produc-
tion rates.

     A list of industries subject to Categorical Pretreatment Standards is
provided in Attachment 3.1 along with the effective  date  and compliance dates
for these standards.   Summaries of the Categorical Pretreatment Standards are
provided in Attachment 3.5.

     A number of industries in the list of 34 identified  as primary sources of
toxic pollutants have  been excluded from regulation  for various reasons
allowed in the NRDC  vs. EPA Settlement Decree.   A discussion of these exclu-
sions, referred  to  as  "Paragraph 8 Exclusions"  is provided  in Attachment 3.3.
These industrial users, as well as all-other nondomestic  dischargers  to the
POTW, are still  subject to the National Prohibited Discharge Standards, which
are provided in  Attachment 3.2.

     One of the  most common industries subject  to Categorical Pretreatment
Standards is the electroplating and metal finishing  industries.   Guidance for
applying pretreatment  standards to this industry is  contained in  the Guidance
Manual for Electroplating and  Metal Finishing Pretreatment  Standards.

Category Determinations
     In accordance with the provisions of the General  Pretreatment Regula-
tions, a category determination may be requested by  either  a POTW or an
industrial user.  The  determination will be made by  the Enforcement Division
Director in the  EPA  Regional office or by the director of the State water
pollution control agency  if the State has an approved  NPDES program.  Such
requests must be made  within 60 days after the  effective  date of  the standards
in question, or  within 60 days after the notice of availability of the
                                      3-3

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E/REG. X-1///36                                                 *
   I
technical development document for the standard in question, whichever date  is
later [40 CFR 403.6(a)].

Baseline Monitoring Reports
     As a first step in applying Categorical Pretreatment Standards, a POTW
must have basic data about its industrial dischargers that are subject to
these standards.  Section 403.12(b) of the General Pretreatment Regulations
requires every industrial user subject to a Categorical Standard to submit a
report within 180 days after the effective date of the standard; this report
is commonly referred to as the baseline monitoring report (BHR).  If a
category determination has been requested, the BMR is not due until 180 days
after a final administrative decision has been made concerning the industry's
inclusion in the category.  The BMR must contain the following items of
information:
     (1)  Name and address of the facility, and names of the operator and
          owners
     (2)  List of environmental control permits
     (3)  Description of operations, including the average rate of production
          and SIC codes
     (4)  Flow measurements
     (5)  Pollutant measurements
     (6)  Certification of whether applicable Pretreatment Standards are being
          met, and if not, a description of the additional operation and
          maintenance (0 and M) or pretreatment facilities that are needed to
          comply with the standards
     (7)  A schedule by which the industrial user will provide the additional
          0 and M or pretreatment needed to comply with the applicable
          pretreatment standards.
Further discussions of BMR submittal requirements can be found in Chapters 6
and 9.  If an industrial user has already submitted the specific information
listed in 40 CFR 403.12, including the schematic process diagram indicating
discharge points, etc., in a permit application or data disclosure form, and
this information is still current, it need not be reproduced and resubmitted
in the BMR.
                                     3-4

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D/REG. 10///36


     Due dates for submission of BMRs  are  provided in the  table  in Attachment

3.1.


Modifications of Categorical Pretreatment  Standards

     Categorical pretreatment standards may  be  modified  for  a particular

discharger if approved for any of  the  following reasons:


     •  Net/Gross Adjustment - Upon  request  of  the industrial user, the
        applicable standard will be  adjusted to reflect  credit for pollutants
        in the intake water, if  the  user demonstrates that:

        -  Its intake water is drawn from  the same body  of water that the POTW
           discharges into,

        -  The pollutants present  in the intake water will not be entirely
           removed by the treatment  system operated by the user,

        -  The pollutants in the intake water do not vary  chemically or
           biologically  from the pollutants  limited by the applicable stan-
           dard, and

        -  The user does not significantly increase concentrations of pollu-
           tants in the  intake water,  even if the total  amount of pollutants
           remains the same.

        Requests for net/gross adjustments must be made  within 60 days after
        the  effective date of  the  applicable categorical pretreatment standard
         [40  CFR 403.15].

     •  Removal Credit - A POTW  may  apply  to the EPA Regional Administrator or
        director of the  State  water  pollution control agency for authorization
        to revise pollutant discharge  limits in categorical  pretreatment stan-
        dards  to reflect removal of  such pollutants by the POTW.

      •  Fundamentally Different  Factors  (FDF) Variance - An  FDF  variance may
        be requested by  an industrial  user,  a POTW, or other interested
        person.  The request  is  made to  the EPA Regional Enforcement Division
        Director or the  director of  the  State water pollution control agency.
        A variance request may be  made to  establish limits that  are either
        more stringent or less stringent  than the categorical  pretreatment
        standard.  The requestor must  fully document the reasons for the
        variance, and must submit  the  request within 180 days after the
        effective date of the  categorical  pretreatment standard  or within 30
        days after a final decision  has  been made on a request  for category
        determination  [40 CFR  403.13].  The U.S. Court of  Appeals for the
        Third Circuit has recently held  that the Clean Water Act does not
        permit  FDF variances  for toxic pollutant pretreatment standards.  The
        Supreme  Court has, however,  decided to  review the  Third  Circuit's
        decision on  this issue.
                                      3-5

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D/REG. 10///36

     In general, the above methods of modifying categorical  pretreatraent
standards will be used to request limits that  are  less stringent.  It should
be noted, however, that wherever local discharge limits are  more stringent
than promulgated or adjusted categorical pretreatment  standards, it is the
local limits that must be met by industrial  users.

     Due dates for requesting the various means of modifying categorical
pretreatment standards are shown in the table  in Attachment  3.4.
                                     3-6

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               ATTACHMENT 3.1

STATUS OF CATEGORICAL PRETREATMENT STANDARDS
        WITH BMR AND COMPLIANCE DATES

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E/H-38a/»4                                                                             Revised  1-1-flS




                                        ATTACHMENT 3.1



      SUMMARY STATUS OF NATIONAL CATEGORICAL PRETREATMENT STANDARDS:   MILESTONE DATES




                                          FINAL REGULATIONS
Industry Category
Timber Products
Electroplating
Textile Hills
Metal Finishing
Pulp, Paper, Pa per board
Steam Electric
Electrical Components I
Iron and Steel
Inorganic Chemicals I
Leather Tanning
Porcelain Enameling
Petroleum Refining
Coll Coating I
Copper Forming
Aluminum Forming
Pharmaceuticals
Coll Coating (Canmaklng)
Promulgation
Date
1-26-81
1-28-81
9-2-82
7-15-83
11-18-82 -.
11-19-82
4-8-83
5-27-82
6-29-82
11-23-82
11-24-82
10-18-82
12-1-82
8-15-83
10-24-83
10-27-83
11-17-83
Effective
Date
3-30-81
3-30-81
10-18-82
8-29-83
1-3-83
1-2-83
5-19-83
7-10-82
8-12-82
1-6-83
1-7-83
12-1-82
1-17-83
9-26-83
12-7-83
12-12-83
1-2-84
BMR Due Date
9-26-81
9-26-81 (Nonlnteg.)
6-25-83 (Integrated)
2-24-84 (TTO)
4-16-83
2-25-84
7-2-83
7-1-83
11-15-83
4-6-83
5-9-83
7-5-83
7-6-83
5-30-83
7-16-83
3-25-84
6-4-84
6-9-84
6-30-84
PSES
Compliance
Date
1-26-84
4-27-84 (Nonlnteg.)
6-30-84 (Integrated)
7-15-86 (TTO)
_ 1
6-30-84 (Part 433. TTO)2
7-10-85 (Part 420, TTO)
2-15-86 (Final)
7-1-84
7-1-84
7-1-84 (TTO)1
II -8-85 (As)
7-10-85
8-12-85
11-25-85
11-25-85
*
12-1-85
12-1-85
8-15-86
10-24-86
10-27-86
11-17-86

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D/H-38a/l4
Revised  I-3-8S
                                          ATTACHMENT 3.1
  SUMMARY STATUS  OP NATIONAL  CATEGORICAL  PRETREATMENT STANDARDS:   MILESTONE DATES
                                             (Continued)


Industry Category
Battery Manufacturing
Nonferrous Helals I
Electrical Components II
Inorganic Chemicals II
Plastics Molding and
Fo ruing
_
Pesticides
Organic Chemicals
Metal Molding and
Casting (Foundries)
Nonferrous Metals Fornlng
Nonferrous Metals II

Pronulgatton
Date
3-9-84
1-8-84
12-14-83
fl-22-84
12-17-84

(11-84)
(2-85)
(6-84)
(10-84)
(11-84)

Effective
Date
4-18-84
4-23-84
1-27-84
10-5-84
1-30-85
PROPOSED
(1-85)
(4-85)
(8-84)
(12-84)
(1-85)


BMR Due Date
10-15-84
10-20-84
7-25-84
4-3-8S
4-30-85
REGULATIONS
(7-85)
(10-85)
(2-85)
(6-85)
(7-85)
PSRS
Compl lance
Dale
3-9-87
3-9-87
7-1,4-87
6-29-flS
8-22-87 (C«SO
Nl SO )
q
N/A

(1/85)
(4-88)
(8-87)
(12-87)
(1-88)

Proposed
Date






11-30-82
3-21-83
11-15-82
3-5-84
6-27-84
Parentheses Indicate expected milestone dates  for categories that do not  yet have final standards.

Footnotes:

     (I)  No nuaerlcal  pretreatnenl Halts have  been established for the  Textile Hills Industrial category, and
          there Is no  final compliance dale for  categorical pretreatnent  standards.  Firm) In this  Industry are
          required to  comply only with the General  Pretreatnent Regulations  In 40 CFR 403.

     (2)  Existing sources that are subject to the  Metal Finishing standards In 40 CFR Part 433 must  comply only
          with the Interim Unit for Total Toxic Organlcs (TTO) by June 30.  1984.  Plants also covered  hy 40 CFR
          Part 420 BUSI comply with the Interln  TTO Unit by July 10, 1985.  The conpllance date for  Metals,
          Cyanide, and  final TTO Is February 15, 1986 for all sources.

     (3)  The compliance date for existing Phase I  Electrical and Electronic Components manufacturers for TTO  Is
          July I,  1984. The compliance date for arsenic Is November 8, 1985.

Note:  The compliance date for any New Source  (PSNS) In the same date as  the commencement nf I lip .11 srliarge.

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            ATTACHMENT 3'.2
NATIONAL PROHIBITED DISCHARGE STANDARDS

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A/H-21/018
               Attachment  3.2  National  Pretreatment  Standards:
                             Prohibited  Discharges
     Prohibited Discharge  Standards  apply to all non-domestic  sources intro-
ducing pollutants into a POTW  whether  or  not the source  is subject to other
National Pretreatment Standards  or any national, State,  or local Pretretment
Requirements.  Prohibited  Discharge  Standards include  general  prohibitions and
specific prohibitions, as  outlined below.

A.   General Prohibitions
     Pollutants introduced into  POTWs  by  a non-domestic  source shall not Pass
Through the POTW or Interfere  with the operation or  performance of the works.

B.   Specific Prohibitions
     The following pollutants  shall  not be introduced  into a POTW:

     (1)  Pollutants which create a  fire  or explosion  hazard in the POTW

     (2)  Pollutants which will  cause  corrosive structural damage to the POTW,
          but in, no case Discharges  with  pH lower than 5.0, unless the works
          is specifically  designed to  accomodate such  Discharges

     (3)  Solid or viscous pollutants  in  amounts which will cause obstruction
          to the flow in the POTW resulting in Interference

     (4)  Any pollutant, including oxygen demanding  pollutants (BOD, etc.)
          released in a Discharge at a flow rate and/or  pollutant concen-
          tration which will cause Interference with the POTW

     (5)  Heat in amounts  which  will inhibit biological  activity in the POTW
          resulting in Interference, but  in no case  heat in such quantities
          that the temperature at the  POTW Treatment Plant exceeds 40°C
          (104°F) unless the Approval  Authority, upon  request  of the POTW,
          approves alternate temperature  limits.

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A/H-21///18

     POTWs that develop Pretreatment Programs must develop and enforce
specific limits to implement the general and specific prohibitions.  Addi-
tionally, any POTW where pollutants contributed by users result in Inter-
ference or Pass-Through, and such violation is likely to recur, must develop
and enforce specific effluent limits.

[Adapted from 40 CFR 403.5]

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           ATTACHMENT 3.3

INDUSTRIES EXCLUDED FROM REGULATION
           BY PARAGRAPH 8

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                           Summary of the 1976
                        NRDC SETTLEMENT AGREEMENT

                         Paragraph 8 Exclusions


Introduction:

After several  years  of  litigation with  environmental  groups  over  EPA's
implementation of the  Clean  Water Act  (CWA), the  Environmental  Protection
Agency (EPA) in 1976 entered  into a Settlement Agreement with the plaintiffs
(known as  the  NROC  Settlement  Agreement).   Among  other  requirements,  the
Settlement Agreement  requires EPA  to:  develop a  program to  regulate  toxic
pollutants; and to adhere to an  established  schedule for promulgating effluent
regulations for 21  major industrial  categories for Best Available Technology
(BAT), Naw  Source  Performance  Standards  (NSPS)  and  Pretreatment  Standards
for Existing and  New Sources (PSES and  PSNS)  for  65 toxic  compounds (subse-
quently defined by EPA as 129 specific "priority pollutants").  Additionally,
The 1977 amendments to the  CWA  basically codified  the Settlement Agreement's
toxic pollutants  strategy  for   implementing  national  effluent  regulations.

Paragraph 8 Exclusions

EPA may exclude  a  point  source  category or  subcategory or  specific  toxic
pollutants from  the  BAT,  NSPS,  PSES,   or PSNS  specific  technology-based
effluent regulations under  Paragraph  8  of the  Settlement Agreement.   The
reasons for exclusion provided within Paragraph 8 are as  follows:

     - sufficient protection  is  already  provided by  the  Agency's  guidelines
       and standards under the Act [§8(a)(i)];

     - except  for pretreatment  standards,  a  specific pollutant  is present
       in the  effluent   solely  as  a  result  of its  presence  in  the  intake
       water [§8(a)(-ii )];

     - for pretreatment  standards, the  specific pollutant  is  present  in  the
       effluent which is  introduced into a POTW solely  as a result  of  its
       presence in the point sources 's intake waters  [§8(a)(ii)];

     - a  pollutant  is  not  detectable  with  the use of analytical  methods
       approved pursuant  to  304(h)  of   the  Act,  or  where  approved methods
       do not exist, with the use  of  state-of-the-art methods [§8(a)(iii )];

     - a pollutant  is detectable from  only a  small  number  of  sources  within
       a subcategory and  the pollutant  is uniquely  related  to those sources
     - a pollutant  is  present only  in  trace amounts and is  neither  causing
       nor likely to cause toxic effects [§8(a)(iii )];

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        the  pollutant  is present in  amounts  too small to  be  effectively
        reduced by  technologies  known to the Administrator  [§8(a)(iii }];

        the  pollutant  will  be effectively controlled  by  the  technologies
        upon which  are  based  other  effluent  limitations  and  guidelines,
        standards of performance, or  pretreatment  standards  [§8(a)(iii )];

        the  amount  and  toxicity  of  each   pollutant  in  the  discharge
        does not  justify developing  national  regulations  in  accordance
        with the NRDC Settlement Agreement schedule [§8(a)(iv)];

        for  pretreatment standards,  if  95%  of  the  dischargers  in  the
        industrial category  or  subcategory  do  not  discharge  pollutants
        to a publicly owned treatment work which meet the  §307 (a)  criteria
        C§8(b)(i)];

        for pretreatment standards, if the amount and toxicity of  incompat-
        ible pollutants  discharged to publicly  owned  treatment works  is
        insignificant that  it  does  not  justify  developing pretreatment
        standards in  accordance  with  the  schedules   in the Agreement
Paragraph 8(c) requires EPA to prepare an affidavit for the parties involved
in the  Settlement  Agreement  explaining the  reasons  for  each  exclusion
from regulation.   This  provision  also  requires EPA  to  solicit  public
comments on  the exclusion  via  any  Federal  Register  preamble announcing
proposed regulations.

Finally, Paragraph  8(d)  requires EPA  to  submit paragraph 8(c) statements
any time the Agency has  decided  to  curtail  or not initiate studies  covered
by the Settlement Agreement.

-------
                                 EFFLUENT GUIDELINES DIVISION
                              PROJECTS  EXCLUDED FROM REGULATION
                   [PARAGRAPH  8,  NRDC  SETTLEMENT AGREEMENT  (modified 1979)]
               INDUSTRIAL CATEGORY
Adhesives  and  Sealants  	
Auto and Other Laundries	
Carbon Black  	
Explosives Manufacturing	
Gum and Wood	
Ink Formulation  	
Paint Formulation  	
Paving and Roofing	,
Photographic Equipment  and Supplies  ..
Printing and Publishing 	,
Rubber Processing  (1 ).	,
Soaps and Detergents Manufacturing (2),
    AFFIDAVIT
  Date ;  Signature
 2/28/83;
Ml  7/81;
    it
    *
 6/21/82;
 6/21/82;
 6/21/82;
 5/10/79;
 1/16/81;
 1/19/82;
 6/21/82;
 6/21/82;
Eidsness
Barrett
Eidsness
Eidsness
Eidsness
Jorling
Beck
Barrett
Eidsness
Eidsness
 CFR  PART
  NUMBER

.  456
.  444
.  458
.  457
.  454
,  447
,  446
.  443
,  459
,  448
,  428
,417   '
    Note:
           *  Exclusion has been approved; affidavit  is pending signature.

          (1) The affidavit excludes only the  "reclaimer" portions of this category.
          (2) The affidavit excludes only the  SIC's addressed by the Settlement  Agreement,
            A partial list of additional subcategories excluded  in  accordance with the
            provisions of Paragraph 8 is shown in Appendix D of  the General Pretreat-
            ment  Regulations [40 CFR 403].

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                ATTACHMENT  3*4

     CATEGORICAL  PRETREATMENT  STANDARDS'
           DEADLINE  FOR  REQUESTING
CATEGORY DETERMINATION,  NET/GROSS ADJUSTMENT,
              AND PDF  VARIANCE

-------
E/ll-38a/id5
                                                                                                   (Revised 1-31-85)
           ATTACHMENT 3.4  SUMMARY OF APPLICATION  DEADLINE  DATES  FOR REQUESTS OF CATEGORY DETERMINATION,
                                      FDF VARIANCES AND  NET/GROSS ADJUSTMENTS
Industry
Category
Timber Products
Electroplating (Nonlntegrated)
( Integrated)
Textile Mills
Metal Finishing
Pulp, Paper, Paperboard
Steam Electric
Electrical Components I
Iron and Steel
Inorganic Chemicals I
Leather Tanning
Porcelain Enameling
Petroleum Refining
Coll Coating I
Copper Forming
Aluminum Forming
Pharmaceuticals
C oating (Canmaklng)
Effective Date
of Standard
3-30-81
3-30-81
10-18-82
8-29-83
1-3-83
1-2-83
5-19-83
7-10-82
8-12-82
1-6-83
1-7-83
12-1-82
1-17-83
9-26-83
12-7-83
12-2-83
1-2-84
_ \a i
Category
Determination
5-29-81
5-29-81
2-25-83
3-15-83
10-28-83
5-17-83
3-3-83
7-18-83
12-7-82
1-9-83
8-29-83
3-8-83
1-31-83
3-18-83
11-25-83
2-5-84
2-10-84
2-84
Net/Gross
Ad jnslment
5-29-fll
5-29-81
2-25-83
12-17-82
10-28-83
3-4-83
3-3-83
7-18-83
12-7-82
1-9-83
3-7-83
3-8-83
1-31-83
3-18-83
11-25-83
2-5-84
2-10-84
3-2-84
Variance
9-26-81
9-26-81
6-25-83
4-16-83
2-25-84
7-2-83
7-1-83
11-15-83
4-6-83
5-9-83
7-5-83
7-6-83
5-30-83
7-16-83
3-25-«4
6-4-84
6-9-84
6-30-84

-------
  '-38.1/1/5
                                                                                                 (Rev1  -I 1-31-85)
           ATTACHMENT 3.4   SUMMARY OF APPLICATION DEADLINE DATES  FOR REQUESTS OF CATEGORY DETERMINATION,
                                 PDF VARIANCES  AND NET/GROSS ADJUSTMENTS (Continued)
Industry
Category
Battery Manufacturing
Nonferrous Metals I
Electrical Components II
Inorganic Chemicals II
Plastics Molding and Forming
Pesticides
Organic Chemicals
Metal Molding and
Casting (Foundries)
Nonferrous Metals Forming
Nonferrous Metals II
Effective Date
of Standard
4-18-84
4-23-84
1-27-84
10-5-84
1-30-85
1-85
4-85
(8-84)
(12-84)
(1-85)
(a)
Category
Determination
6-18-84
6-22-84
3-28-83
12-4-84
1-16-85
3-85
6-85
(10-84)
(2-85)
(3-85)
Net/Gross
Adjustment
6-18-R4
6-22-84
3-28-83
12-4-84
1-16-85
3-85
6-85
(10-84)
(2-85)
(3-85)
FDF(b)
Variance
10-15-84
10-20-84
7-25-87
4-3-85
6-14-85
9-85
12-85
(2-85)
(6-85)
(7-85)
Parentheses Indicate expected milestone dates for categories  that  do not  yet have  final standards.
(a)
(b)
According to S403.6a, applications for category determination  must  he  submitted 60 days after the effective date of
a Prelreatment Standard for a suhcategory under which  an  Industrial  User may be Included, or within 60 days after
the Federal Register notice announcing the availability of  the technical development document for that suhcategorv,
whichever Is later.  The dates Indicated In the column are  60  days  after the effective date of the Pretreatment
Standards noted.

If the User has requested a category determination,  the User may elect to wait for the results of the determination
before submitting a variance request.  When a User elects to wait for  a category determination, the User roust
submit the variance request within 30 days after a final  decision has  been made on the category determination.  FDF
variances will not be granted to provide less stringent standards for  toxic pollutants.

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                 ATTACHMENT 3.5
SUMMARIES OF CATEGORICAL PRETREATMENT STANDARDS

-------
CATEGORICAL  STANDARDS .SUMMARY SHEETS




               MAY  198/1

-------
NOTE:  These brief (one to three page) summaries of finalized
       industrial categorical standards are meant to be used
       by POTWs as a concise overview of the industrial cate-
       gories.  This summarized information has not been for-
       mally approved by EPA and cannot replace the detailed
       information presented in the final regulations for
       each industrial category.  These documents may be re-
       viewed and approved by EPA in the near future and made
       available for general distribution.

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C/H-23///16
                                ALUMINUM FORMING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register  Citations

Proposed Rule


Final Rule

Correction


Subcategorles

A.  Rolling  with  Neat Oils

B.  Rolling  with  Emulsions

C.  Extrusion

D.  Forging

E.  Drawing  with  Neat Oils

F.  Drawing  with  Emulsions
    or Soaps
       - November 22,  1982, Vol. 47, page
         52626

       - October 24,  1983, Vol. 48, page 49126

       - March 27,  1984, Vol. 49, page 11629
SIC Code
Pollutants  with Numerical Limits*
3353, 3355   Chromium,  Cyanide, Zinc, TTO

3353, 3355   Chromium,  Cyanide, Zinc, TTO

3354         Chromium,  Cyanide, Zinc, TTO

3463         Chromium,  Cyanide, Zinc, TTO

3354, 3355,  Chromium,  Cyanide, Zinc, TTO

3354, 3355,  Chromium,  Cyanide, Zinc, TTO
3357
Regulation  Effective Date - December 7, 1984

Due Date  of Baseline Monitoring Reports - June 4, 1984

Date  of Compliance - PSES - October 24, 1986
                    - PSNS - date the new source commences discharge
Comments:
         Section 467.01 (c) of the standard was promulgated as  an interim  rule.
         It  sets PSES for two groups of plants:  1) those that extrude  less
         than 1,360,000 kg (3 million pounds) of aluminum annually,  and 2)
         plants that draw with emulsions or soaps and produce  less  than 453,333
         kg  (1  million pounds) of aluminum annually.

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C/H-23///16

     •  Casting processes at plants that cast aluminum without cooling are
        regulated by the Nonferrous Metals categorical standard (Federal
        Register, Vol. 49, p. 8742, March 8, 1984).

     •  As an alternative to monitoring for TTO, plants may monitor and limit
        oil and grease to the levels established in the PSES or PSNS.

     •  SIC codes are tentative until EPA makes a final determination.

     •  Surface treatment of aluminum, whether chemical or electrochemical, is
        covered by the Aluminum Forming standards whenever it is performed as
        an integral part of aluminum forming.  For the purposes of this cate-
        gory, surface treatment is considered to be an integral part of alumi-
        num forming whenever it is performed at the same plant site at which
        the aluminum is formed.  These surface treatment operations are
        covered by the standards for cleaning or etching baths, rinses, and
        scrubbers in the Aluminum Forming.Category and are not subject to
        regulation under the Metal Finishing standards in 40 CFR Part 433.


*This listing is a summation of pollutant parameters for both new and existing
 sources.

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A/H-23///19
                              BATTERY MANUFACTURING

           CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal  Register Citations

      Proposed  Rule


      Final  Rule
                                      -  November  10, 1982, Vol. 47, page
                                        51052

                                      -  March 9,  1984, Vol. 49, page 9108
Subcategories

A.    Cadmium
 B.

 C.

 D.

 E.

 F.

 G.
Calcium

Lead

Leclanche

Lithium

Magnesium

Zinc
SIC Code       Pollutants with Numerical  Limits*

3691, 3692    'Copper, Lead, Cadmium,  Nickel,
               Zinc, Cobalt, Silver

3691, 3692     No numerical limits

3691, 3692     Copper, Lead

3691, 3692     Mercury, Zinc, Manganese

3691, 3692     Chromium, Lead

3691, 3692     Lead, Silver

3691, 3692     Chromium, Mercury,  Silver, Zinc,
               Manganese, Nickel,  Cyanide
Regulation Effective Date - April 18, 1984

Due  Date of Baseline Monitoring Reports - October 15, 1984

Date of Compliance - PSES - March 9, 1987
                    - PSNS - From commencement of discharge


Comments:

     •  Subcategory B - Calcium is reserved for PSES and allows no discharge  of
        process wastewater pollutants for PSNS.

     •  All SIC codes are tentative until EPA Headquarters makes final deter-
        mination.
 *This listing is a summation of pollutant  parameters for both new and existing
  sources.

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B/H-23///14


                                 COIL COATING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS


Federal Register Citations

     Proposed Rule                         - January 12, 1981 Vol. 46, page
                                             2934

     Final Rule (Subcategories A, B, C)    - December 1, 1982 Vol. 47, page
                                             54232

     Amendment                             - September 15, 1983 Vol. 48, page
                                             41409

     Final Rule (Subcategory D)            - November 17, 1983 Vol. 48, page
                                             52380


Subcategories                   SIC Code     Pollutants with Numerical Limits*

A.  Steel Basis Material        3479, 3411,  Chromium, Cyanide, Zinc
                                3497

B.  Galvanized Basis Material   3479, 3411,  Chromium, Copper, Cyanide, Zinc
                                3497

C.  Aluminum Basis Material     3479, 3411,  Chromium, Cyanide, Zinc
                                3497

D.  Canmaking                   3479, 3411,  Chromium, Cyanide, Fluoride,
                                3497         Manganese, Phosphorus, Zinc,  TTO


Regulation Effective Date - January  17,  1983 (Subcategories A, B, and C)
                            January  2,  1984 (Subcategory D)

Due Date  of Baseline Monitoring Reports  - July  16,  1983 (Subcategories A,  B,
                                          and C)
                                          June  30,  1984 (Subcategory D)

Date of Compliance - PSES - December  1,  1985 (Subcategories A, B, and C)
                            November  17,  1986 (Subcategory D)
                   - PSNS - date  the  new source commences discharge


Comments:

    •  Provisions are made  to allow coil  coating  facilities to demonstrate  the
     absence of cyanide from  its  process and wastewater streams to be exempt
      from the  requirements of  monitoring for cyanide.

-------
B/H-23///14
   • All limitations  and  standards established for  this category are mass
     based.

   • SIC codes are  tentative until EPA Headquarters makes a final
     determination.

   • Industries  in  Subcategory D may monitor for Oil  and Grease in lieu of TTO
     monitoring.


*This listing is  a  summation of pollutant parameters  for both new and existing
 sources

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C/H-23/#12
                                COPPER FORMING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed Rule


     Correction


     Final Rule


     Amendment


     Correction
          - November 12, 1982, Vol. 47,
            page 51278

          - January 14, 1983, Vol.  48,
            page 1796

          - August 15, 1983, Vol.  48,
         i'  page 36942

          - September 15, 1983, Vol. 48,
            page 41409

         .- November 3, 1983,.Vol.  48,
            page 50714
Subcategory

Copper Forming
Pollutants with Numerical Limits*

Chromium, copper, lead, nickel, zinc, TTO
(Total Toxic Organics), Oil and Grease**
SIC Codes

     Specific SIC Codes to be affected by these regulations were not identi-
     fied in the Federal Register.  However, the operations covered under the
     copper forming Subcategory are hot rolling, cold rolling, extrusion,
     drawing and forging.

Regulation Effective Date - September 26, 1983

Due Date of Baseline Monitoring Reports - March 25, 1984

Dates of Compliance - PSES - August 15, 1986
                    - PSNS - From commencement of discharge


Comments:

     •  All limitations are mass based.
 *This listing is a summation of pollutant parameters for both new and
  existing sources.

**Monitoring for oil and grease may be substituted for TTO.

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B/H-23///9
                                 ELECTROPLATING*

          CATEGORICAL PRETREATMENT STANDARDS FOR  INDIRECT DISCHARGERS
Federal Register  Citations

     Proposed  Rule


     Final  Rule

     Final  Rule Amended
             - February 14,  1978 Vol.  43  page
               6560

             - January 28,  1981  Vol.  46 page 9462

             - February 12,  1981 Vol.  46  page
               11972
             -.September 2,  1981 Vol.  46  page
               43972
             - January 21,  1983  Vol.  48 page 2774
             - July 15,  1983  Vol.  48  page 32462
             - September 26,  1983 Vol. 48 page
               43680
             - October 3,  1983 Vol. 48 page 45105
Subcategories

A.   Electroplating of
     Common  Metals
B.   Electroplating of
     Precious  Metals
C.   Electroplating of
     Specialty Metals

D.   Anodizing
E.   Coatings
F.   Chemical  Etching
SIC Code       Pollutant  with Numerical  Limits**
3471, 3479     Cyanide (A),  Cyanide  (total),
               Lead, Cadmium,  Nickel,.  Chromium,
               Zinc, Total Metals, Copper, TSS,
               pH, TTO (Total  toxic  organics)t
3471, 3479     Cyanide (total),  Lead,  Cadmium,
               Zinc, Silver,  Copper,  Chromium,
               Nickel, Total  Metals,  pH,  TTO
3471, 3479     Reserved

3471, 3479     Cyanide (A),  Cyanide  (total),
               Lead, Cadmium,  Copper,  Nickel,
               Chromium,  Zinc,  Total Metals, TSS,
               pH, TTO

3471, 3479     Cyanide (A),  Cyanide  (total),
               Lead, Cadmium,  Copper,  Nickel,
               Chromium,  Zinc,  Total Metals, TSS,
               pH, TTO

3471, 3479     Cyanide (A),  Cyanide  (total),
               Lead, Cadmium,  Copper,  Nickel,
               Chromium,  Zinc,  Total Metals, TSS,
               pH, TTO

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B/H-23///9


G.   Electroless Plating     3471, 3479     Cyanide (A), Cyanide (total),
                                            Lead, Cadmium, Copper, Nickel,
                                            Chromium, Zinc, Total Metals, TSS,
                                            pH, TTO

H.   Printed Circuit Board   3471, 3479     Cyanide (A), Cyanide (total),
                                            Lead, Cadmium, Copper, Nickel,
                                            Chromium, Zinc, Total Metals, TSS,
                                            pH

Regulation Effective Date - March 30, 1981

Due Date of Baseline Monitoring Reports - Integrated facilities
                                          June 25, 1983
                                        - Non-integrated
                                          September 26, 1981

Date of Compliance - Integrated facilities (Metals and Cyanide)
                     June 30, 1984
                   - Non-integrated  (Metals and Cyanide)
                     April 27, 1984
                   - For TTO
                     July 15, 1986

Comments:

    • Electroplating limitations are based on daily maximum and four-day
      average value limits.

    • For plants with a daily flow of 38,000 liters or less per day, the
      standards limit only lead, cadmium, and cyanide.

    • All SIC codes are tentative until EPA Headquarters makes final
      determination.

*Existing independent job shop electroplaters and printed circuit board manu-
 facturers must only comply with the electroplating regulations.  All other
 electroplating subcategories are now covered by both the electroplating and
 metal finishing standards.

**This listing is a summation of pollutant parameters for both new and
  existing sources.

tTotal Toxic Organics (TTO) has been added to electroplating PSES through
 amendments in the Federal Register, July 15, 1983, Vol. 48, page 32462.

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B/H-23/#13
                ELECTRICAL  AND  ELECTRONIC COMPONENTS  (PHASE  I)

          CATEGORICAL  PRETREATMENT STANDARDS FOR INDIRECT  DISCHARGERS
Federal Register  Citations

Proposed Rule

Final Rule

Amendment
       - August 24,  1982,  Vol.  47, page  37048

       - April 8, 1983,  Vol.  48,  page  15382

       - September 15,  1983,  Vol. 48,  page
         41409
Subcategories

A.  Semiconductors

B.  Electronic Crystals
SIC Code   ,' Pollutants with Numerical Limits*
3674

3679
TTO (Total Toxic Organics)

TTO, Arsenic**
Regulation  Effective Date - May 19, 1983

Due Date  of Baseline Monitoring Reports - November 15,  1983

Dates  of  Compliance  - PSES - TTO - July 1, 1984
                              Arsenic - November 8, 1985
                     - PSNS - From commencement of discharge


Comments:

     • The semiconductor subcategory includes all process operations except
        sputtering,  vapor deposition, and electroplating.

     • SIC codes are tentative until EPA Headquarters  makes  a  final deter-
        mination.
  *This  listing is a summation of pollutant parameterr for both  new  and
   existing sources.

 **0nly  at facilities which manufacture gallium or indium arsenic crystals.

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C/H-23///15


                ELECTRICAL AND ELECTRONIC COMPONENTS (PHASE II)

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS


Federal Register Citations

Proposed Rule                          - March 9, 1983, Vol. 48, page  10012

Final Rule                             - December 14,  1983, Vol. 48, page
                                         55690


Subcategories                   SIC Code     Pollutants with Numerical Limits*

C.  Cathode Ray Tube            3671       •  Cadmium, Chromium, Fluoride,
                                             Lead, Zinc, TTO

D.  Luminescent Materials       3672         Antimony, Cadmium, Fluoride,
                                             Zinc


Regulation Effective Date - January 27, 1984

Due Date of Baseline Monitoring Reports - July 25, 1984

Date of Compliance - PSES - July 14,  1986
                   - PSNS - From commencement of discharge


Comments:

     •  SIC codes are tentative until EPA Headquarters makes a final deter-
        mination.
 *This  listing  is  a  summation of pollutant parameters for both new and existing
  sources.

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C/H-23///6
                          INORGANIC CHEMICALS (PHASE  I)

          CATEGORICAL  PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register  Citations

     Proposed Rule

     Final Rule

     Correction


     Amendment


Subcategories

A.   Aluminum Chloride

B.   Aluminum Sulfate
SIC Code

281

281
F.   Chlor-alkali  (Chlorine
     and Sodium or Potassium
     Hydroxide)               281

L.   Potassium Dichromate    281



V.   Titanium Dioxide         281

A.H. Chrome Pigments          281

A.J. Copper Sulfate          281

A.L. Ferric Chloride          281


A.R. Lead Monoxide           281

A.U. Nickel Sulfate          281

B.A. Silver Nitrate          281

B.C. Sodium Fluoride          281
- July 24,  1980  Vol.  45  page 49450

- June 29,  1982  Vol.  47  page 28260

- December  8,  1982  Vol.  47 page
  55226

- January 21,  1983  Vol.  48 page 2774


  Pollutants with Numerical Limits*

  PH

  Zinc
               Copper, Lead, Nickel, Mercury

               Chromium  (total), Chromium
               (hexavalent) - Existing sources
               No discharge of process wastewater
               - New sources
               Iron, Nickel, Chromium (total)

               Chromium  (total), Lead, Zinc

               Copper, Nickel, Selenium

               Chromium  (total), Chromium
               (hexavalent), Copper, Nickel, Zinc

               Lead

               Copper, Nickel

               Silver

               Fluoride
Regulation Effective  Date - August 12,  1982

Due Date of Baseline  Monitoring Reports - May 9,  1983

Date of Compliance -  PSES -  August 12, 1985
                   -  PSNS - date the new source commences discharge

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C/H-23///6
Comments:

    •  All SIC codes are tentative until EPA Headquarters makes final
       determination.

*This listing is a summation of pollutant parameters for both new and existing
 sources.

The following subcategories are either reserved or do not have numerical

pretreatment limits and are subject only to the General Pretreatment

Regulations.  Those categories marked with an asterisk (*) allow no discharge

of process wastewater to navigable waters.
C.   Calcium*
D.   Calcium Chloride*
E.   Calcium Oxide*
G.   Hydrochloric Acid
I.   Hydrogen Peroxide
J.   Nitric Acid
K.   Potassium Metal*
M.   Potassium Sulfate*
N.   Sodium Bicarbonate*
0.   Sodium Carbonate
P.   Sodium Chloride*
R.   Sodium Metal
S.   Sodium Silicate
T.   Sodium Sulfite*
U.   Sulfuric Acid
W.   Aluminum Fluoride
X.   Ammonium Chloride
Y.   Ammonium Hydroxide
Z.   Barium Carbonate
AA.  Borax Production
AB.  Boric Acid Production
AC.  Bromine Production
AD.  Calcium Carbonate
AE.  Calcium Hydroxide
AF.  Carbon Dioxide
AG.  Carbon Monoxide and By-Product
     Hydogen
AI.  Chromic Acid
AK.  Cuprous Oxide
AM.  Ferrous Sulfate
AN.  Fluorine
AO.  Hydrogen
AQ.  Iodine
AS.  Lithium Carbonate
AT.  Managanese Sulfate
AV.  Strong Nitric Acid
AW.  Oxygen and Nitrogen
AX.  Potassium Chloride
AY.  Potassium Iodide
AZ.  Potassium Permanganate
BD.  Sodium Hydrosulfide
BE.  Sodium Hydrosulfite
BF.  Sodium Silicofluoride
BG.  Sodium Thiosulfate
BH.  Stannic Oxide
BI.  Sulfur Dioxide
BJ.  Zinc Oxide
BK.  Zinc Sulfate

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C/H-23///2
                                 IRON AND STEEL

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register  Citations

     Proposed Rule

     Final Rule

     Final Rule Amended
     Final Rule  Corrected
             - January 7,  1981  Vol.  46  page  1858

             - May 27, 1982  Vol.  47  page  23258

             - June 7, 1982  Vol.  47  page  24554
             - September 22,  1982 Vol.  47  page
               41738
             - January 21,  1983 Vol.  48 page 2774
             - 'October 14,  1983 Vol.  48 page
               46942

             - May 17, 1984  Vol.  49  page  21024
             - November 10,  1983  Vol. 48  page
               51647
             - November 14,  1983  Vol. 48  page
               51773
Subcategories

A.   Cokemaking


B.   Sintering


C.   Ironmaking


D.   Steelmaking

E.   Vacuum Degassing

F.   Continuous Casting

G.   Hot Forming


H.   Salt Bath Descaling


I.   Acid Pickling


J.   Cold Forming
SIC Code

3312


3312


3312


3312

3312

3312

3312, 3315,
3317

3312, 3315,
3317

3312, 3315,
3317

3316
Pollutants with Numerical  Limits

Ammonia (N),  Cyanide,  Phenols
(4AAP)

Ammonia (N),  Cyanide,  Phenols
(4AAP), Lead,  Zinc

Ammonia (N),  Cyanide,  Phenols
(4AAP), Lead,  Zinc

Lead, Zinc

Lead, Zinc

Lead, Zinc

No numerical  limits


Chromium,  Nickel,  Cyanide


Lead, Zinc, Chromium,  Nickel
Chromium,  Lead,  Nickel,  Zinc,
Napthalene,  Tetrachloroethylene

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C/H-23///2
K.   Alkaline Cleaning       3312, 3315,    No numerical limits
                             3316, 3317

L.   Hot Coating             3312, 3315,    Lead, Zinc, Chromium (hexavalent)
                             3317
Regulation Effective Date - July 10, 1982

Due Date of Baseline Monitoring Reports - April 6, 1983

Date of Compliance - July 10, 1985 (PSES, PSNS)


Comments:

    •  In order to provide the iron and steel industry flexibility in con-
       trolling its various wastestreams, to promote greater economic effi-
       ciency, and to encourage the development of new control strategies, EPA
       has instituted a water bubble policy for the Iron and Steel Category.

    •  EPA elected to not promulgate effluent limitations for all toxic
       pollutants found in the steel industries wastestream for the various
       steel industry subcategories.  Alternatively, EPA established limita-
       tions for the following nine "indicator" toxic pollutants:  chromium,
       lead, nickel, phenols (4AAP), zinc and four toxic organic pollutants.

    •  All SIC codes are tentative until EPA Headquarters makes final deter-
       mination.

    •  Industries in SIC group 3312 that are engaged in coil coating, other
       than hot dipcoating, are not regulated under the Iron and Steel cate-
       gorical standards.

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B/H-23/07
                         LEATHER TANNING AND FINISHING
          CATEGORICAL  PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed  Rule

     Final  Rule


     Amendment

     Amendment

     Correction

     Amendment
- July 2,  1979 Vol.  44  page  38746

- November 23, 1982  Vol.  47  page
  52848

- June 30, 1983 Vol.  48 page 30115

- July 15, 1983 Vol.  48 page 32346

-' August 5, 1983 Vol. 48  page 35649

- September 15, 1983 Vol.  48 page
  41409
 Subcategories                SIC Code

 A.    Hair Pulp,  Chrome Tan,
      Retan-Wet Finish        3111

 B.    Hair Save,  Chrome Tan,
      Retan-Wet Finish        3111

 C.    Hair Save or Pulp,
      Nonchrome Tan,
      Retan-Wet Finish        3111

 D.    Retan-Wet Finish-
      Sides                   3111

 E.    No Beamhouse            3111

 F.    Through-the-Blue        3111

 G.    Shearling               3111

 H.    Pigskin                 3111

 I.    Retan-Wet Finish-
      Splits                  3111
  Pollutants with Numerical Limits*


  Sulfide,  Total Chromium, pH


  Sulfide,  Total Chromium, pH



  Sulfide,  Total Chromium, pH


  Total Chromium, pH

  Total Chromium, pH

  Sulfide,  Total Chromium, pH

  Total Chromium, pH

  Sulfide,  Total Chromium, pH


  Total Chromium, pH
 Regulation Effective Date - January 6,  1983

 Due Date of Baseline Monitoring Reports - July  5,  1983

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B/H-23///7
Date of Compliance - PSES - November 25,  1985
                   - PSNS - date the new  source  commences  discharge
Comments:

    • Provisions are made for POTWs who are eligible  to waive the  sulfide
      pretreatment standard  for tanning and finishing facilities.

    • All SIC codes are tentative until EPA Headquarters makes final
      determination.

*This listing is a summation of pollutant parameters  for both new  and  existing
 sources.

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B/H-23/011
                                 METAL FINISHING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT  DISCHARGERS
Federal Register  Citations

     Proposed  Rule

     Final  Rule

     Regulation Effective Date
- August  31,  1982 Vol. 47 page 38462

- July 15,  1983  Vol. 48 page 32462

- August  29,  1983
Subcategories
     None  - limits are concentration based and can be applied  to  all metal
             finishing process discharges.

 Operations and Processes Affected

     The metal finishing regulations apply to plants which perform  one or more
     of  the following operations:  electroplating, electroless plating,
     anodizing,  coating, chemical etching, or printed circuit  board manufac-
     turing.  If any of these processes is performed, then discharges from the
     following 46 operations are covered by the metal finishing standards.
      1.   Electroplating                 23.
      2.   Electroless Plating            24.
      3.   Anodizing                      25.
      4.   Coating (Chromating,           26.
          Phosphating, & Coloring)       27.
      5.   Chemical Etching and Milling   28.
      6.   Printed Circuit Board Manu-    29.
          facturing                      30.
      7.   Cleaning                       31.
      8.   Machining                    ' 32.
      9.   Grinding                       33.
     10.   Polishing                      34.
     11.   Tumbling                       35.
     12.   Burnishing                     36.
     13.   Impact Deformation             37.
     14.   Pressure Deformation           38.
     15.   Shearing                       39.
     16.   Heat Treating                  40.
     17.   Thermal Cutting                41.
     18.   Welding                        42.
     19.   Brazing                        43.
     20.   Soldering                      44.
     21.   Flame Spraying                 45.
     22.   Sand Blasting                  46.
   Other Abrasive Jet  Machining
   Electric Discharge  Machining
   Electrochemical Machining
   Electron Beam Machining
   Laser Beam Machining
   Plasma Arc Machining
   Ultrasonic Machining
   Sintering
   Laminating
   Hot Dip Coating
   Sputtering
   Vapor Plating
   Thermal Infusion
   Salt Bath Descaling
   Solvent Degreasing
   Paint Stripping
   Painting
   Electrostatic Painting
   Electrepainting
   Vacuum Metalizing
   Assembly
   Calibration
   Testing
   Mechanical Plating

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B/H-23///11
SIC Codes Affected

     EPA has not yet identified specific SIC codes to be affected by these
     regulations.  However, if a plant discharges from one of the processes
     listed above, these regulations probably apply.  If there are any
     questions, contact EPA or the approval authority.

                                       Pollutants with Numerical Limits
     PSES                              Cadmium, Chromium, Copper, Lead,
                                       Nickel, Silver, Zinc, Cyanide (total),
                                       TTO, Cyanide (A)*

     PSNS                              Cadmium, Chromium, Copper, Lead,
                                       Nickel, Silver, Zinc, Cyanide (total),
                                       TTO, .Cyanide (A)*

                                       *Amenable cyanide limit may apply  in
                                        place of total cyanide limit

Compliance Dates

     - PSES for interim TTO (based     June 30, 1984  (July  10, 1985 for plants
       on management practices only)      covered by  Part 420)
     - PSES for Metals, Cyanide,       February 15, 1986
       and TTO (based on manage-
       ment practices followed by
       precipitation/clarification)
     - PSNS                            From commencement of discharge
Comments:
       Existing independent job shop electroplaters and printed circuit  board
       manufacturers must only comply with the electroplating regulations.
       All other electroplating subcategories are now covered by both  the
       electroplating and metal finishing standards.

       If a plant is engaged  in one or more of the following operations  in
       addition to metal finishing, the  following regulations take precedence
       over metal finishing regulations  when overlap occurs.

          -  Nonferrous Metal Smelting and Refining (40 CFR Part 421)
          -  Coil Coating (40 CFR  Part 465)
          -  Porcelain Enameling  (40 CFR Part 466)
          -  Battery Manufacturing (40 CFR Part  461)
          -  Iron and Steel (40 CFR Part 420)
          -  Metal Molding and Casting (Foundries) (40 CFR Part 464)*
          -  Aluminum Forming (40  CFR Part 467")
          -  Copper Forming (40 CFR Part 468)
          -  Plastic Molding  and  Forming (40 CFR Part 463)*
 *Not  yet  promulgated

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B/H-23/#18
                   NONFERROUS METALS  MANUFACTURING (PHASE I)

          CATEGORICAL  PRETREATMENT STANDARDS  FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed Rule

     Final Rule

     Correction


Subcategories

B.  Primary Aluminum  Smelting


C.  Secondary Aluminum Smelting

D.  Primary Copper  Smelting
E.  Primary Electrolytic Copper
    Refining

F.  Secondary Copper
G.  Primary Lead

H.  Primary Zinc

I.  Metallurgical Acid  Plants

J.  Primary Tungsten

K.  Primary Columbium—Tantalum

L.  Secondary Silver

M.  Secondary Lead
- February 17,  1983,  Vol. 48, page 7032

- March 8, 1984,  Vol.  49, page 8742

- July 24, 1984,  Vol.  49, page 29792


Pollutants with Numerical Limits*

Benzo(a)pyrene, Nickel, Fluoride,
Cyanide

Lead, Zinc, Ammonia  (as N)

No discharge of process wastewater
pollutants

Arsenic, Copper,  Nickel


No discharge of process wastewater
pollutants

Lead, Zinc

Cadmium, Zinc

Arsenic, Cadmium,  Copper, Lead, Zinc

Lead, Zinc, Ammonia  (as N)

Lead, Zinc, Ammonia  (as N), Fluoride

Copper, Zinc, Ammonia (as N)

Antimony, Arsenic, Lead, Zinc, Ammonia
(as N)
Regulation Effective Date - April 23,  1984

Due Date of Baseline Monitoring Reports  - October 20, 1984

Date of Compliance - PSES - March 9,  1987
                   - PSNS - From commencement  of discharge
Comments:
     •  Subcategory  A  - Bauxite Refining will  be  regulated under the Phase  II
        regulations  for this industrial  category.

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B/H-23/018
     •  Subcategory D - Primary Copper Smelting is reserved for PSES and
        allows no discharge of process wastewater pollutants for PSNS.

     •  Subcategory F - Secondary Copper allows no discharge of process waste-
        water pollutants for both PSES and PSNS.

     •  EPA has not yet identified specific SIC codes to be affected by these
        regulations.

     •  Primary operations produce metals from ore concentrates, while
        secondary operations recover metals from recycled metallic wastes
        (e.g., aluminum cans, lead batteries).


*This listing is a summation of pollutant parameters for both new and existing
 sources.

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B/H-23///5
                               PETROLEUM REFINING
          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed  Rule


     Final  Rule
             - December.21, 1979 Vol.  44 page
               75926

             - October 18, 1982 Vol.  47  page
               46434
Subcategories

A.    Topping


B.    Cracking


C.    Petrochemical


D.    Lube


E.    Integrated
SIC Code       Pollutants with Numerical Limits*

2911           Ammonia (as N), Total Chromium,
               Oil and Grease

2911           Ammonia (as N), Total Chromium,
               Oil and Grease

2911           Ammonia (as N), Total Chromium,
               Oil and Grease

2911           Ammonia (as N), Total Chromium,
               Oil and Grease

2911           Ammonia (as N), Total Chromium,
               Oil and Grease
Regulation Effective Date - December  1,  1982

Due  Date  of Baseline Monitoring Reports  - May 30, 1983

Date of Compliance - PSES - December  1,  1985
                    - PSNS - date the  new source commences discharge
 Comments:

     • All  limitations are concentration based.  However, if the petroleum
       refining facility discharges only sour waters to the POTW, provisions
       are  made to give the facility the option of complying with an
       alternative mass limit for ammonia  (as N).

     • All  SIC codes are tentative until EPA Headquarters makes final
       determination.

 *This listing is a summation of pollutant  parameters for both new and existing
  sources.

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C/H-23///17
                         PHARMACEUTICAL MANUFACTURING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

Proposed Rule


Final Rule
- November 26, 1982, Vol. 47, page
  53584

- October 27, 1983, Vol. 48, page 49808
Subcategories

A.  Fermentation Products

B.  Extraction Products

C.  Chemical Synthesis Products

D.  Mixing/Compounding and
    Formulation
Pollutants with Numerical Limits*

Cyanide (Total)

Cyanide (Total)

Cyanide (Total)

Cyanide (Total)
Regulation Effective Date - December  12,  1983

Due Date  of Baseline Monitoring Reports - June 9, 1984

Date of Compliance - PSES - October 27, 1986
                   - PSNS - date the  new  source commences discharge
Comments:
     •  Firms  must  monitor for  cyanide after  cyanide treatment and before
        dilution with  other  streams unless  the cyanide standard is adjusted,
        based  on the dilution ratio of the  contaminated wastestream flow  to
        the  total process discharge.

     •  Firms  may be exempt  from the  monitoring  requirement if they certify to
        the  Control Authority that they  are not  using or  generating cyanide.

     •  The  pharmaceutical products,  processes,  and activities regulated  under
        this subcategory include:

        - Biological  products  (SIC  2831)

        - Medicinal chemicals  and botanical  product  (SIC 2833)

        - Pharmaceutical products  (SIC  2834)

         - All fermentation, biological, and  natural  extraction,  chemical
           synthesis,  and formulation products  that  are  considered  as

-------
C/H-23///17


           pharraaceutically  active ingredients by the FDA,  but  are not  covered
           by SIC 2831,  2833,  or 2834

        -  Cosmetic preparations that function as a  skin  treatment (SIC 2844)

        -  Products with multiple end uses that are  attributable  to pharma-
           ceutical manufacturing as a final pharmaceutical product, component
           of a pharmaceutical formulation,  or pharmaceutical intermediate.

        Products that have non-pharmaceutical uses may also be  covered by the
        pharmaceutical standard if the products are  primarily intended for use
        as Pharmaceuticals.


*This listing is a summation of pollutant parameters for  both new and existing
 sources.

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B/H-23///3
                              PORCELAIN ENAMELING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed Rule


     Final Rule


     Amendment
           - January 27,  1981  Vol.  46,  page
             8860

           - November 24,  1982 Vol. 47,  page
             53172

           - September 15,  1983 Vol. 48,  page
             41409
 Subcategories

 A.  Steel Basis Material




 B.  Cast Iron Basis Material

 C.  Aluminum Basis Material


 D.  Copper Based Material
SIC Code     Pollutants with Numerical Limits*

3631, 3632   Chromium, Lead, Nickel,  Zinc
3633, 3639,
3431, 3469,
3479

3631, 3431   Chromium, Lead, Nickel,  Zinc

3469, 3479,  Chromium, Lead, Nickel,  Zinc
3631

3469, 3479   Chromium, Lead, Nickel,  Zinc
3631
Regulation Effective Date - January 7,  1983 .

Due Date of Baseline Monitoring Reports - July 6,  1983

Date  of Compliance - PSES - November  25, 1985
                   - PSNS - date  the  new source commences discharge
 Comments:

    • Porcelain enameling  facilities which  prepare  or  coat  less than  1600  m?/
      day  and discharge  less  than 60,000  I/day  or perform porcelain enameling
      on a precious  metal  basis  material, only  need comply  with the provisions
      of 40 CFR Part 403.

   • • Provisions are made  to  allow porcelain  enameling facilities  to  demon-
      strate the absence of  chromium in its process and wastewater streams to
      be exempt from the requirements  of  routine monitoring for chromium.

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B/H-23///3


   • Existing facilities covered under Subcategory B  are prohibited from
     discharging  process wastewater pollutants from metal preparation
     operations.

   • All SIC codes  are tentative until EPA Headquarters makes final
     determination.

*This listing is  a  summation of pollutant parameters  for both new and existing
 sources.

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B/H-23///10
                          PULP. PAPER. AND PAPERBOARD
                      AND BUILDERS' PAPER AND BOARD MILLS

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed Rule

     Final Rule


     Final Rule Corrected


Subcategories
                             SIC Code
                                          - January  6,  1981 Vol.  46  page  1430

                                          - November 18,  1982 Vol. 47  page
                                            52006

                                          - March  30,  1983 Vol. 48 page  13176
               Pollutants with Numerical Limits*
Part 430
A. Unbleached Kraft 2611
B. Semi -Chemical 2611
D. Unbleached Kraft -
Pentachlorophenol ,
Pentachlorophenol ,
Trichlorophenol
Trichlorophenol
E.
I.

J.


K.


M.
     Neutral Sulfite
     Semi-Chemical
     (Cross Recovery)

     Paperboard From Waste-
     paper
F.   Dissolving Kraft

G.   Market Bleach Kraft

H.   BCT Bleached Kraft

     Fine Bleached Kraft
     Papergrade Sulfite
     (Blow Pit Wash)

     Dissolving Sulphite
     Pulp

     Groundwood-Thermo-
     mechanical
2611


2631

2611

2611

2611

2611


2611, 2621


2611


2611, 2621
 N.    Groundwood-CMN  Papers    2611,  2621
Pentachlorophenol ,  Trichlorophenol


Pentachlorophenol ,  Trichlorophenol

Pentachlorophenol ,  Trichlorophenol

Pentachlorophenol,  Trichlorophenol

Pentachlorophenol ,  Trichlorophenol

Pentachlorophenol ,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol
                                            Pentachlorophenol,  Trichloro-
                                            phenol, Zinc

                                            Pentachlorophenol,  Trichloro-
                                            phenol, Zinc

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B/H-23/#10
0.   Groundwood-Fine  Papers  2611,  2621
P.   Soda                     2611, 2621

Q.   Deink

R.   Nonintegrated-Fine
     Papers                   2621

S.   Nonintegrated-Tissue
     Papers                   2631

T.   Tissue From Wastepaper  2647

U.   Papergrade  Sulfite
     (Drum Wash)              2611, 2621

V.   Unbleached  Kraft and
     Semi-Chemical            2611

W.   Uastepaper  Molded
     Products                 2646

X.   Nonintegrated-
     Lightweight Papers      2621

Y.   Nonintegrated-Filter
     and Nonwoven Papers     2621

Z.   Nonintegrated  Paper-
     board                    2631

Part 431

A.   Builders' Paper and     2661
     Roofing Felt
Pentachlorophenol,  Trichloro-
phenol,  Zinc

Pentachlorophenol,  Trichlorophenol

Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol

Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol


Pentachlorophenol,  Trichlorophenol



Pentachlorophenol,  Trichlorophenol
Regulation Effective Date - January 3, 1983

Due Date  of  Baseline Monitoring Reports - July 2, 1983

Date  of Compliance - PSES - July 1, 1984
                    - PSNS - date the new source commences  discharge
Comments:
     • Only  pulp and paper mills using chlorophenolic-containing  biocides are
       subject to the pretreatment standards in this category.  Pulp  and paper
       mills not using chlorophenolic-containing biocides need  to certify this
       with  the permit-issuing authority.

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B/H-23///10
    • Zinc limitations are only applicable at facilities where zinc
      hydrosulfite is used as a bleaching agent.  Facilities not using  zinc
      hydrosulfite as a bleaching agent must certify this with the
      permit-issuing authority.

    • All SIC codes are tentative until EPA Headquarters makes final
      determination.

*This listing is a summation of pollutant parameters for both new and existing
 sources.

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                        STEAM  ELECTRIC  POWER  GENERATING

          CATEGORICAL  PRETREATMENT  STANDARDS  FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed Rule           .              -  October 14, 1980 Vol. 45 page
                                             68328

     Final Rule                          -  -  November 19, 1982 Vol. 47 page
                                             52290
Subcategories                 SIC Code       Pollutants with Numerical  Limits

    Steam Electric            4911,  4931   '   See Comments


Regulation Effective Date  - January 2,  1983

Due Date of Baseline Monitoring Report  - July  1,  1983

Date of Compliance - PSES  - July 1, 1984
                   — PSNS  — date the new source commences discharge


Comments:

    • The entire  industry  is treated as  a single  subcategory with separate
      limitations for  each of the following  types of wastestreams:

      - Once through cooling water

      - Cooling tower  blowdown

      - Fly ash transport  water

      - Bottom ash transport water

      - Chemical  metal  cleaning waste

      - Low volume waste

      - Coal pile runoff.


     EPA has reserved  effluent limitations  for the  following four types of
     wastestreams for  future rulemaking:

      - Noncheraical metal  cleaning waste

      - Flue gas  desulfurization waters

-------
- Runoff from materials storage and construction areas (other than coal
  storage)

- Thermal discharges.

- Following are the pollutant limits imposed on the regulated waste-
  streams:

- Discharges of polychlorinated biphenol (PCS) compounds are prohibited
  for all wastestreams

- New sources are prohibited from discharging wastewater pollutants from
  fly ash transport water

- A numerical limit is set for Copper,for chemical metal cleaning
  wastestreams

- Numerical limits are set on Chromium and Zinc for cooling tower
  blowdown - all other priority pollutants are prohibited from discharge
  in any detectable amounts in blowdown wastewater.

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B/H-23///8
                           TIMBER PRODUCTS PROCESSING

          CATEGORICAL PRETREATMENT STANDARDS FOR INDIRECT DISCHARGERS
Federal Register Citations

     Proposed  Rule


     Final  Rule

     Amendment
             - October 31,  1979 Vol.  44  page
               62810

             - January 26,  1981 Vol.  46  page  8260

             - February 12,  1981 Vol.  46 page
               11972
Subcategories

A.    Barking



B.    Veneer

C.    Plywood

D.    Dry Process Hardboard

E.    Wet Process Hardboard

F.    Wood Preserving-Water
      Borne or Nonpressure
SIC Code

2421, 2426,
2432, 2491,
2499

2432

2432

2499

2499

2491
G.   Wood Preserving-Steam*  2491
H.    Wood Preserving-
      Boulton*

I.    Wet  Storage
 J.    Log Washing
 K.    Sawmills and Planing
      Mills

 L.    Finishing
2491
2491, 2421,
2426, 2429,
2431, 2499

2491, 2421,
2426, 2429,
2431, 2432,
2499

2429, 2431,
2421, 2426

2421, 2426,
2429, 2431,
2432, 2499
Pollutants with Numerical  Limits

No Numerical Limits



No Numerical Limits

No Numerical Limits

No Numerical Limits

No Numerical Limits

No Numerical Limits
Oil and Grease,  Copper,  Chromium,
Arsenic

Oil and Grease,  Copper,  Chromium,
Arsenic

No Numerical Limits
No Numerical Limits
No Numerical Limits

No Numerical Limits

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B/H-23/08
M.


N.

0.
P.
Particleboard Manufac-  2492
turing
Insulation Board

Wood Furniture and
Fixture Production
Without Water Wash
Spray Booth(s) or
Without Laundry
Facilities

Wood Furniture and
Fixture Production
With Water Wash
Spray Booth(s) or
With Laundry Facilities
2661

2511, 2512,
2519, 2521,
2531, 2541,
2591, 2599
2511, 2512,
2519, 2521,
2531, 2541,
2591, 2599
No Numerical Limits


No Numerical Limits

No Numerical Limits
No Numerical Limits
 Regulation  Effective  Date  - March  30,  1981

 Due  Date  of Baseline  Monitoring  Reports - September  26,  1981

 Date of Compliance  -  PSES  - January  26,  1984
                    -  PSNS  - date the new source  commences  discharge
 Comments:

     •  All  subcategories with  no  numerical  limits  must  still comply  with 40 CFR
       Part 403  (General Pretreatment  Regulations).

     •  All  SIC codes  are tentative  until  EPA Headquarters  makes  final
       determination.

 *The numerical  limitations  stated  are for  existing  sources only,  new  sources
  are prohibited from discharging process wastewater pollutants  into a POTW.

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D/Region 10//M


                                    CHAPTER 4

               APPLYING  PRETREATMENT STANDARDS TO INDUSTRIAL USERS


     Before a POTW  can proceed with program implementation, it is important

that it fully understand the concept of applying pretreatment standards to

industrial users.   The discussion that ensues and the examples that are pro-

vided deal with only  the Significant Industrial Discharger (SID) category.


BACKGROUND

     There basically  exist four types of standards  applicable to industrial
users:
     •  Categoricaj. Pretreatment Standards;   These  are standards published by
        the EPA for different types of  industrial users (categorical
        industries).   These standards are published in accordance with Section
        307(b) and (c) of  the Clean Water Act (CWA).  The list and status of
        the categorical standards can be found in Chapter 3, Attachment 3.1.

     •  National Prohibitive Standards:   These standards apply to all indus-
        trial facilities within a POTW.   They are generically described in 40
        CFR 403.5(b)  of the General Pretreatment Regulations (Federal Register
        January 28, 1981).  These standards  are listed in Chapter 3, Attach-
        ment 3.2.

     •  Locally Derived Specific Numerical Standards;  Generally, these stan-
        dards consist of heavy metal limits,  cyanide, BOD,., and fats, oil and
        grease (FOG), and  possibly a few toxic organics.  They are generally
        expressed as  maximum limitations, however,  some POTWs have both
        average and maximum values.  These limits are contained in a POTW's
        sewer use ordinance.  Many cities have had  such limits in their
        ordinance for a number of years  and  recently, as a requirement of
        developing its own pretreatment  program, POTWs have refined existing
        limits or developed and enacted  new limits  for the first time.  The
        basic philosophy behind locally  derived limits is:  prevention of
        interference, pass-through of pollutants that may affect water
        quality, and  sludge contamination.

        Locally derived limits can apply to  all nondomestic users, not just
        categorical industries, and usually  they are end-of-pipe standards
        that apply at the  end of a facility's treatment plant (which may be
        treating a number  of various wastestreams)  or at the end of the
        facility's property line prior to its wastewaters entering the
        municipality's main sewer lines.

        Section 403.5(c) of the General  Pretreatment Regulations requires that
        POTWs develop specific limits.   Section 403.5(d) states that these
        limits are considered pretreatment standards as defined in Section
        307(d) of the CWA.
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D/Region 10//M

     •  Local Prohibitive Standards:  These standards are generally described
        in a generic fashion in a POTW's local sewer use ordinance and are
        basically similar in nature to the national prohibitive standards
        discussed above.  Some differences may be that the POTW prohibitive
        standards may be more descriptive, include additional prohibitions, or
        may vary slightly in such areas as pH and heat.

     Locally derived numerical limits can, in some cases, be more stringent
than Federally promulgated standards, since they are based on local site-
specific situations.  For example, a POTW may be located on a water quality-
limited receiving stream; hence its NPDES permit may contain heavy metal
effluent limitations.  Other examples could be that the POTW may be experi-
encing interference or upset problems at the treatment plant caused by par-
ticular toxicants or its sludge disposal practices (such as marketing it as a
fertilizer) may necessitate reduced levels of toxicants, particularly heavy
metals, such as cadmium.  These local conditions can result in a POTW devel-
oping stricter local standards.
                                      *
     In implementing its pretreatment program, a POTW is required to enforce
the "applicable pretreatment standard" (i.e., local/State/Federal, whichever
applies at the time or is most stringent).  The General Pretreatment Regu-
lations as well as a sewer use ordinance are structured in this fashion.
Although, all industrial facilities are potentially affected by the "applic-
able pretreatment standards," POTWs will generally be enforcing the "applic-
able pretreatment standards" on the Significant Industrial Discharger through
individual permits, contracts or industrial waste acceptance forms (IWAs).

     In the case of the Noncategorical Significant Industrial Discharger, a
POTW simply has to apply its own locally derived numerical limits, and general
prohibitive standards, as appropriate, based on the type of facility.  For
example, a food processor may receive a permit with the general prohibitions,
and a BOD,, and/or FOG limit.  A galvanizer, not covered by a Federal promul-
gated standard, discharging zinc may receive a permit with a zinc limit and
the general prohibitions taken from the POTW's sewer use ordinance.

     In the case of a Categorical Significant Industrial Discharger, the task
of applying limits can be a bit more complicated.  The reason for this is that
locally derived-numerical limits are generally end-of-pipe limitations (i.e.,
                                     4-2

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D/Region 10//M

effluent pretreatment standards) whereas the federal  categorical pretreatment
standards are end-of-process  limits  (i.e.,  they apply at the end of a regu-
lated process line and not  at a  common pipe where  all wastewaters come
together).

     Where Federal standards  have  not been promulgated for a specific cate-
gorical SID, the POTW for the time being would issue  a permit or some other
enforceable document to  it  with  locally derived limits.  These are considered
the "applicable pretreatment  standard," for the time  being.  An example could
be a metal finisher where the regulations have not been promulgated.  The POTW
would issue a permit with its own  locally derived  heavy metal and cyanide
standards and general prohibitive  standards and require compliance with them.
The permit may be modified  later once the Federal  standards are promulgated,
if some or all of the Federal standards prove to be more stringent than local
limits.

     For situations where a Federal  standard has been promulgated or is
immminent (i.e., within  six months)  for a categorical SID and limits are to
apply at a common point  where co-mingling of other flows (i.e., regulated and
nonregulated) occur, the POTW must perform an analysis of which limits are
more stringent and therefore  which limit applies.  Once the analysis has been
completed the permit issued to the categorical SID may contain a mixture of
Federal and local standards,  because some may be more stringent than others.
As an illustration of such  a  situation, in the example presented below, the
electroplater may have a permit  issued containing  the following heavy metals:
cadmium, lead, nickel, chromium-T, copper,  zinc, and  cyanide.  The maximum
limits for cadmium, lead and  copper  are the POTW's limits contained in its
sewer use ordinance because they are more stringent than the Federal limits.
Whereas, the nickel, chromium, zinc  and cyanide limits are Federal limits
since the POTW's limits  for these  parameters are less stringent.

PROCESS FOR COMPARING LOCAL LIMITS AND FEDERALLY PROMULGATED STANDARDS
     A.  Categorical SID -  Local Limits Apply End-of-Pipe
      Locally derived limits  as  discussed above are generally effluent limits,
whereas Federal limits are  end-of-process.   In the situation where a plant
                                      4-3

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D/Region 10/04

sewer connected to the POTW's sewer contains only wastewater from a process
regulated under a particular categorical standard, then the end-of-process is
the same as the end-of-pipe and the determination of which limits apply, local
or Federal, is simply which limit is more stringent (job shops  are an example
of this case and are discussed in Section C below).

     However, in the situation where a plant sewer connected to the POTW's
sewer contains other process wastewater (e.g., from a process regulated by
another category or not regulated by a categorical standard) or other waste-
water (e.g., noncontact cooling water or sanitary wastewater),  then the
evaluation of which limits apply is not a simple comparison of  values.  It
would be like comparing "apples and oranges."  In order to analyze both sets
of limits, the POTW must adjust the Federal limits to end-of-pipe (i.e.,
effluent limits) or take its locally derived effluent limits and back-calcu-
late its limits to the regulated process eliminating nonregulated, sanitary
and cooling water flows which are dilution streams as they relate to the
regulated process line.

     For the POTW to perform the above analysis, it will need certain infor-
mation from the industry such as individual flows.  It can obtain this from
the industrial user's permit application, baseline monitoring report or data
disclosure form.

     The following simple example should provide the POTW with the information
necessary to determine the "applicable limits" for this type of facility.

                                    EXAMPLE
FACTS
    1.  The following bullets provide a description of the example facility:
        •  The company is a large integrated facility
        •  The electroplating operations consist of cadmium, nickel, and
           chrome plating
        •  The other manufacturing operations consist of plastic extrusion and
           spray painting.  Wastewaters from the extrusion operation are
           noncontact cooling water.
        •  The facility has sanitary and cafeteria wastewaters.

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E/Region 10/#4


    2.  The electroplating pretreatment  standards have been  promulgated by
        EPA.  The following maximum limits  for any one day (mg/1) are:

            CN,T:  1.9                       Zn:   4.2
            Cu:    4.5                       Pb:   0.6
            Ni:    4.1                       Cd:   1.2
            Cr:    7.0                 Total Metals:   10.5

            Maximum values are utilized  for the comparison in  this example,
            because POTW local limits are normally expressed as maximum
            limits for any one day. .Hence, a permit  issued  to this
            categorical SID would contain the Federal four-day average limit
            as adjusted for noncontact cooling water  and other dilution flow
            standards, and the more stringent maximum standard for any one day
            (local or Federal).
    3.  The POTW has the following maximum  limits  (mg/1):

            CN,T:  3.0                       Zn:  4.0
            Cu:    2.0                       Pb:  0.1
            Ni:    3.0                       Cd:  0.5
            Cr:    5.0
    4.  The facility has no treatment.


    5.  As shown below, it appears that when  comparing local vs. Federal
        standards on paper, six of the local  limits  are more stringent than
        the Federal limits.  Since Federal  standards are  end-of-process limits
        and not effluent limits, this one-step,  simple comparison is not
        appropriate if the facility  is integrated and standards  apply at a
        point where all wastewaters  are combined.

                        Federal Standard               Local Standard

             CN,T             1.9                           3.0
             Cu               4.5                           2.0
             Ni               4.1                           3.0
             Cr               7.0                           5.0
             Zn               4.2                           4.0
             Pb               0.6                           0.1
             Cd               1.2                           0.5
        Total Metals         10.5                           	
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D/Region 10/M
     6.  Schematic of facility
         Electroplating
          50,000 gpd
         Spray painting
          10,000 gpd
          Sanitary
         wastewater
         5,000 gpd
   Plastic extrusion
noncontact cooling water
       30,000 gpd
      Cafeteria
      wastewater
      5,000 gpd
                                   sampling manhole
                         Q POTW Sewer Q
     A - Federal categorical standards apply here
     B - Local standards apply here
         For purposes of this example,  the flows are broken down as:
              Regulated flow (electroplating only):   F

              Dilution flow (sum of. plastic
              extrusion, sanitary, cafeteria
              wastewaters)                        :   F

              Nonregulated process flows
              (spray painting only)               :

              Total flow                          :   F.
               50,000 gpd



               40,000 gpd


               10,000 gpd

              100,000 gpd
         The nonregulated flows from the painting operation are considered
         "dirty water".  Hence3 it is not factored into the dilution flow
         (FJ)'  It merely becomes part of the total flow (?+)•
ADJUSTMENT OF FEDERAL STANDARDS

     The following illustrates how to calculate an adjusted Federal limit for

cadmium (Cd), using the combined wastestream formula contained in 40 CFR

403.6(e) and the data presented above.  (Chapter 5 presents a detailed
                                     4-6

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D/Region 10///4


discussion and examples of the use of the  combined wastestream formula.)   This

step is important so  that  a proper comparison  of Federal and local standards

can be undertaken.


    Step 1

        Combined wastestream formula:

                    N
                        n  tr  \
                                    F  - F
        C   I	i_i	I      £   d
        °t  I        N   „     |       Pt
    where:

        C  = Alternative concentration limit  (value utilized to compare with
             local limits)

        C. = Federal  categorical  standard  for a  pollutant in the regulated
             wastestream (F  )

        F  = Regulated wastestream

        F  = Total flow

        F. = Dilution flow
         d


    Step 2

        Calculating for cadmium using flows presented in Section 6 above:

              1.2 mg/1 x 50.000 gpd     100,000  gpd - 40,000 gpd
         t "       50,000 gpd                  100,000 gpd
              1.2 mg/1    X   .6


              .72 mg/1
        Because of  the diluted streams  (40,000  gpd) which are co-mingled with
        the regulated  wastestream (60,000  gpd),  the Federal categorical
        standard  for cadmium (1.2 mg/1)  is reduced to 0.72 mg/1.
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E/Region 10//M
    Step 3
        Perform the above calculations for the other regulated pollutants and
        make a comparison and selection of the more stringent limits (i.e.,
        local limits vs. adjusted Federal limits).
CN,T
Cu
Ni
Cr
Zn
Pb
Cd
Total Metals
     (a)
Federal Limit
    (C )
  Daily Max

    1.9
    4.5
    4.1
    7.0
    4.2
    0.6
    1.2
   10.5
                                    (b)
                               Adjusted Federal
                                 Limit (C )
                                 Daily Max
2
4.
1.14
2.7
 .46
  20
2.52
0.36
0.72
6.3
              Local Limit
               Daily Max
                                  (d)

                            Applicable Limit
                            (most stringent)
3.0
2.0
3.0
5.0
4.0
0.1
0.5
1.14 (Federal)
2.00 (Local)
2.46 (Federal)
4.20 (Federal)
2.52 (Federal)
0.10 (Local)
0.50 (Local)
     Examining the table above, the following observations are made:

     (1)  Local limits are more stringent for Cu, Pb, and Cd.

     (2)  Without adjusting the Federal limits using the combined wastestream
          formula, comparing column (c) with column (a), it appears as
          discussed earlier that local limits for Ni, Cr, and Zn are more
          stringent.  However, after calculating the adjusted Federal
          categorical standards (C ), the adjusted Federal limits for these
          three pollutant parameters are more stringent than the local limit.

     (3)  In summary, comparison of the limits without adjusting the Federal
          standard shows that six local limits would be more stringent.  After
          the adjustment, only three limits remain more stringent.
     B.  Categorical SID - Local Limits Apply End-of-Process

     There exist POTWs who have elected to apply their local limits in the

same manner as EPA, at the end of a regulated manufacturing process line.

Under this situation, the comparison would be simple.  The POTW selects  the

most stringent standard, and if the industrial facility mixes nonregulated

process wastewater or dilution wastewater with the regulated process waste-

water and elects to have the applicable standard applied at a point where

flows are combined, it will have to employ the combined wastestream formula to

adjust the more stringent standard (local, State or Federal) to take into

consideration the other wastewater flows.
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D/Reglon 10/#4

     C.  Job Shop Categorical  SID  - Local Limits Apply at Either End-of-
         Process or End-of-Pipe
     A job shop normally  only  generates wastewater  from one group of processes
all regulated by a particular  Categorical Pretreatment Standard and generates
little, if any, other wastewater.   Generally,  the quantity of sanitary
wastewater generated is minimal, therefore the combined wastestream formula
does not need to be used.   For this situation, the  end-of-process limits are
the same as the end-of-pipe limits.  Therefore,  the determination of whether
the local limit or the Federal limit is more stringent is a simple comparison
of which is lower.
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B/Region 10/038

                                    CHAPTER 5
                    USE OF THE  COMBINED WASTESTREAM  FORMULA

     Federal categorical  pretreatment standards regulate  the discharge of
certain pollutants  from a particular industry or industrial process.  An
important consideration of the  categorical standards is that the pollutant
limitations specified  in  the  standards apply to the  discharge of wastewater
from the regulated  process only,  prior to mixing with any other wastestreams.
As such, determination of an  industrial user's (IU)  compliance status should
be done by collecting  and analyzing a sample of wastewater representing only
the discharge  from  the regulated process.

     However,  it  is often difficult or impossible to collect and analyze a
sample of only the  wastewater from the regulated process. The industrial user
may combine some  or all of  their wastestreams and treat  them in a single
wastewater treatment facility.   Some of the wastestreams  may be regulated by
one categorical pretreatment  standard, while others  are  regulated by a
different categorical  standard  or not regulated at all.

     The combined wastestream formula (CWF), described in Section 403.6(e) of
the Federal pretreatment  regulations, is a mechanism for  adjusting  the dis-
charge limits  (concentration  or mass) in categorical pretreatment standards
when a regulated  process  wastestream is combined, prior  to treatment, with
another wastestream (either  regulated or unregulated), resulting in a mixed
discharge to  the  POTW  system.  The CWF is applied to the  mixed discharge to
account for the presence  of  the additional flow contributed by the  unregulated
or dilute wastestream.

BACKGROUND
     EPA's intent in establishing the CWF was two-fold.   First, and most
important, was to account for the dilution of a regulated wastestream by other
wastestreams.   Although  dilution reduces the pollutant concentration, the mass
loading of that pollutant to  the POTW could increase.  Second, EPA  did not
want to force  industrial  users  to segregate their process wastestreams (either
regulated or  unregulated) when there could be some benefit in  the treatment  of
the  combined  wastestreams.   Concurrent pretreatment of the combination of the
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D/REG. X-l/038


unregulated and the regulated wastestream could result in an overall decrease

in the pollutant loading, whereas no pretreatment of the unregulated waste-

stream may allow a net increase of the pollutant load in the final discharge

to the POTW.


     Public interest groups who commented on CWF regulations were concerned
                                                                      f
that use of the formula could result in increased pollutant loads if the

unregulated wastestream contained pollutant levels below that of the cate-

gorical standard for the regulated stream.  The volume of the unregulated

wastestream would dilute the pollutant concentration of the regulated stream,

but the allowable pollutant concentration (determined by the formula) would

not be lowered to compensate for dilution.  Although EPA considers this an

"environmental loss", they consider it a trade off for the "environmental

gains" from the concurrent treatment of unregulated streams with high pollu-

tant levels when they are combined with a regulated stream.


DEFINITIONS

Regulated Process Wastestream - an industrial process wastestream regulated by
National Categorical Pretreatment Standards.

UnregulatedProcess Wastestream - an industrial process wastestream that is
not regulated by a categorical standard.

Note;  Definitions apply to individual pollutants.  A wastestream from a
process may be "regulated" for one pollutant and "unregulated" for another
pollutant.

Dilute Wastestream - an unregulated wastestream containing none of the
regulated pollutant or only trace amounts of it (i.e. boiler blowdown,
sanitary wastewater, noncontact cooling water and Paragraph 8 excluded
wastestreams).

Concentration-based Limit - a limit based on the relative strength of a
pollutant in a wastestream, usually expressed in mg/1 (Ib/gal).

Mass-based Limit - a limitation based on the actual quantity of a pollutant
(e.g. pounds or kilograms) in a wastestream per unit of production, usually
expressed in mg/square meter of operation or Ib/square foot of operation.


REGULATORY BACKGROUND

     •  General Pretreatment Regulations, June 1978, Appendix A, National
        Pretreatment Strategy - recognized the need for a CWF to deter
        dilution as a form of pretreatment
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C/REG. X-1///38
        General Pretreatment Regulations,  October  1979, Proposed Amendments -
        proposed to formalize the CWF as part of the  pretreatment regulations
        to "eliminate uncertainty among Control Authorities and affected
        industries, and  to  ensure consistent application nationwide"

        General Pretreatment Regulations,  January  1981, Final Rule - promul-
        gated the CWF in section 403.6(e)

        NRDC v EPA - U.S. Court of Appeals ruled that the CWF was effective as
        of March 30, 1981

        Future Regulatory Changes or Additions -  EPA may add an appendix to
        the General Pretreatment Regulations to further explain the CWF and
        its uses and provide examples of how it is applied to industrial
        wastestreams.
CONDITIONS FOR USING THE  CWF TO CALCULATE AN ALTERNATIVE  (ADJUSTED) LIMIT

     To ensure proper application of  the CWF, the  following conditions must be

met by a municipality and its industries:


     •  Alternative discharge limits  that are calculated  in place of the
        promulgated categorical pretreatment standards must be enforceable as
        categorical standards.

     •  Calculation of  alternative limits must be  performed by the POTW or by
        the industrial  user  with written permission  from  the POTW.

     •  Alternative limits must be established for each regulated pollutant in
        each of the regulated processes.

     •  The POTW and/or the  Industrial user may use  mass-based limitations in
        place of the concentration-based limitations, as  long as a prior
        agreement exists  between the  regulated industrial user and the POTW
        that is receiving these wastes.

     •  Both daily maximum and long-term average (usually monthly) alternative
        limits must be  calculated for each regulated pollutant.  If two or
        more Categorical  Standards apply to the facility  and one of the pro-
        cesses is regulated  by the Electroplating  Standards (regulated by a 4-
        day average limit) and the other process(es) are  regulated by other
        Standards (regulated by a monthly average  limit), then the
        Electroplating  Standard 4-day average limit  must  be adjusted to the
        appropriate equivalent monthly average (see  page  5-11 of the Guidance
        Manual for Electroplating and Metal Finishing Pretreatment Standards).

     •  If process changes at an industry warrant, the POTW must recalculate
        the alternative limits at its discretion or  at the request of the
        industrial user.   The new alternative limits must be calculated and
        become effective  within 30 days.
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C/REG. X-l/038
        The POTW may impose more stringent alternative limits, but may not
        impose alternative limits that are less stringent than the calculated
        limits.

        A calculated alternative limit cannot be used if it is below the
        analytical detection limit for that pollutant.  If a calculated limit
        is below the detection limit, the industrial user must either:  1) not
        combine the dilute streams with the regulated streams prior to the
        combined treatment facility, or 2) segregate all wastestreams entire-
        ly.

        If an industrial user needs to segregate its wastestreams because
        calculated alternative limits are below the detection limit, but the
        cost to segregate wastestreams is disproportionate to the cost of
        compliance, the industrial user may be eligible for further variance
        from categorical pretreatment standards under Section 403.13.

        The categorical standards of the regulated wastestreams which are
        applied to the CWF must be consistent interms of the number of samples
        the standard is based on.  Electroplating Point Source Category
        Pretreatment Standards, 40 CFR Part 413, specify 4-day average limits
        as opposed to monthly average limits.  However, according to Section
        413.04, if a nonelectroplating wastestream is regulated by a maximum
        monthly average standard (based on ten sample days), and it is
        combined with an electroplating wastestream, 30-day average standards
        rather than 4-day average standards are to be used in calculating an
        alternative limit with the CWF.  Section 413.04 also states that if
        two electroplating wastestreams regulated under different subcate-
        gories of the electroplating regulations are combined, the 4-day
        standards may be used to calculate the alternative limit, unless an
        additional wastestream subject to monthly standards is added.

        Section 413.04 provides a table for the conversion of a 4-day average
        standard to a 30-day average standard.
COMBINED WASTESTREAM FORMULAS

Alternative Concentration Limit Formula:
     C  = / i=l       "1*1     I      „      /    Ft " Fd
      t   I   N        F,       I             \       Ft
C   = alternative concentration limit for the pollutant

C   = Categorical Pretreatment Standard concentration limit for the pollutant
      in regulated stream i

F   = average daily flow (at least 30 day average) of regulated stream i
                                     5-4

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C/REG. X-1///38

F,  = average daily  flow (at least 30 day average) of dilute wastestream(s)
 d
F   = average daily  flow (at least 30 day average) through the combined
      treatment facility (including regulated,  unregulated and dilute
      wastestreams)
N   = total number of  regulated streams

Alternative Mass Limit Formula
M   = alternative mass  limit  for the pollutant
M.  = Categorical Pretreatment  Standard mass limit  for the pollutant in
      regulated stream  i
F   = average daily  flow  (at  least 30 day average)  of regulated stream i
F,  = average daily  flow-  (at  least 30 day average)  of dilute wastestream(s)
F   * average daily  flow  (at  least 30 day average)  through the combined
      treatment facility  (including regulated, unregulated and dilute
      wastestreams)
N   = total number of regulated streams
     An example of how  to  use the combined wastestream formula showing
conversion from a mass-based standard to a concentration-based standard is
presented in Table 5.4, Example D in the Guidance Manual for Electroplating
and Metal Finishing Pretreatment Standards.
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            SAMPLE APPLICATION OF THE COMBINED WASTESTREAM FORMULA
                                   EXAMPLE 1
                  CALCULATION OF ALTERNATIVE DISCHARGE LIMIT
                     FOR AN INTEGRATED ELECTROPLATER PRIOR
                    TO THE METAL FINISHING COMPLIANCE DATE
Industrial Category
  (Subcategory)

Electroplating
 (common metals)

Metal Finishing
 (painting)
             Wastestream       Flow
                 Type          mgd

              Regulated         0.4
              Unregulated       0.1
                   Daily Max.
                 Zn Limit (mg/1)

                      4.2
                      N/A
    Electroplating
    (Common Metals)
            Q
           Zn
                                        Metal  Finishing
                                          (Painting)
0.4 mgd
4.2 mg/1
                        Q
                       Zn
0.1 mgd
N/A
        Zn
          cwf
 4.2 mg/1 (0.4 mgd)
      0.4 mgd
(0.1 mgd + 0.4 mgd)  - 0
  (0.1  mgd + 0.4 mgd)
4.2 mg/1
Note:  This limit applies to integrated electroplaters from June 30, 1984 to
       February 15, 1986.  After February 15, 1986, integrated electroplaters
       are covered by the single industrial category - Metal Finishing.  The
       daily maximum zinc limit for Metal Finishing is 2.61 mg/1.  Therefore,
       this example facility must meet a zinc limit of 4.2 mg/1 until February
       15, 1986 and 2.61 mg/1 after February 15, 1986.
                                     5-6

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                    DATA USED FOR CWF EXAMPLES 2 THROUGH 5*


Industrial Category          Wastestream       Flow         Daily Max.
   (Subcategory)                 Type          mgd       Zn Limit (mg/1)

Metal Finishing  ^           Regulated          0.5            2.61
 (Electroplating)

 (Painting)1
                                                                   2
Porcelain Enameling          Regulated          0.3            1.33
 (Steel - coating only)

Photographic Processing      Unregulated , •      0.2            N/A

Sanitary Waste               Dilution           0.05           N/A
*These examples assume the Metal Finishing compliance date is in effect and
 the industry is an integrated electroplater.

 These are not subcategories; they are metal finishing processes.
2                                              2
 Alternative production based limit = 0.85 mg/m  coated.
                                      5-7

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                                  EXAMPLE  2A
                  CALCULATION  OF  ALTERNATIVE  DISCHARGE LIMIT
             (Zn  f)  WHEN TWO  REGULATED  WASTESTREAMS ARE COMBINED
                           (NO DILUTE  WASTESTREAMS)
           Metal Finishing
           (Electroplating)
             (Painting)
 Q
Zn
0.5 mgd
2.61 mg/1
                                               Porcelain
                                            Enameling (Steel)
 Q = 0.3 mgd
Zn -'1.33 mg/1
           Zn
             cwf
              2.61 mg/1 (0.5 mgd)  + 1.33 mg/1 (0.3  mgd)
                        (0.5 mgd + 0.3 mgd)
                         2.13 mg/1
Note:  Alternative limit is proportioned by flow to regulated wastestream.
                                  EXAMPLE 2B
                  CALCULATION OF ALTERNATIVE DISCHARGE LIMIT
             (Zn  J WHEN TWO REGULATED WASTESTREAMS ARE COMBINED
                cwr
                           WITH A DILUTE WASTESTREAM
Metal Finishing
(Electroplating)
(Painting)
> mgd
>1 mg/1

Porcelain
Enameling (Steel)
Q = 0.3 mgd
Zn = 1.33 mg/1

Sanitary
Waste
Q = 0.05 mgd
Zn = (N/A)

      Zn
        cwf
              2.13 mg/1 (0.5 mgd + 0.3 mgd + 0.05 mgd - 0.05 mgd) _
                                    0.85 mgd
                                                             =  2.0 mg/1
Note;  Alternative limit of 2.13 mg/1 derived in Example 2A is further  reduced
       because of dilution.
                                     5-8

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                                  EXAMPLE 3A
                   CALCULATION OF ALTERNATIVE  DISCHARGE LIMIT
                (Zn  ,) WHEN ONE REGULATED  WASTESTREAM AND ONE
                       UNREGULATED WASTESTREAM ARE  COMBINED
                            (NO DILUTE WASTESTREAM)
 Q
Zn
Metal Finishing
(Electroplating)
(Painting)
mgd
mg/1

Q -, 0.2
Zn * (N/A
Photographic
Processing
mgd
)

           Zn
               ,
             cwf
         2.61 mg/1 (0.5 mgd)
               0.5 mgd
0.7 mgd - 0
  0.7 mgd
2.61  rag/1
Note:  Alternate limit is not changed  by  addition  of unregulated wastestream
       only.
                                  EXAMPLE 3B
              CALCULATION OF ALTERNATIVE DISCHARGE LIMIT  (Zn   )
                    WHEN ONE REGULATED WASTESTREAM AND ONE
                     UNREGULATED WASTESTREAM ARE COMBINED
                           WITH A DILUTE WASTESTREAM
Q = 0.5 mf
Zn = 2.61 t
Metal Finishing
(Electroplating)
(Painting)
5d
ng/1

Photographic
Processing
Q = 0.2 mgd
Zn =• (N/A)
i

Q = 0.05 mj
Zn - (N/A)
Sanitary
Waste
Id
r

     Zn
       cwf
2.61 mg/1 (0.5 mgd + 0.2 mgd + 0.05 mgd - 0.05 mgd)
                        0.75 mgd
                       2.44 mg/1
Note:  Alternate limit of 2.61 mg/1  derived in Example  3A  is reduced because
       of dilution.
                                      5-9

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                                  EXAMPLE 4A
               CALCULATION OF ALTERNATIVE DISCHARGE LIMIT (Zn  e)
                                                             cvf
                    WHEN TWO REGULATED WASTESTREAMS AND ONE
                     UNREGULATED WASTESTREAM ARE COMBINED
                            (NO DILUTE WASTESTREAM)
Q - 0.5 mgd
Zn = 2.61 mg
Metal Finishing
(Electroplating)
(Painting)
/I
Q
Zn
= 0.3 mg
- 1.33 m
Porcelain
Enameling
(Steel)
d '
g/i

Q = 0.
Zn = (N
Photographic
Processing
2 mgd
/A)

           Zn
             cwf
2.61 mg/1 (0.5 mgd) + 1.33 mg/1 (0.3 mgd)

      (0.5 mgd + 0.3 mgd + 0.2 mgd)
                                                     =  2.13 mg/1
Note;  Alternate limit is proportioned by flow to regulated wastestreams  and
       not changed by addition of unregulated wastestream.
                                  EXAMPLE 4B

               CALCULATION OF ALTERNATIVE DISCHARGE LIMIT (Zn  ,)
                                                             rwr
                    WHEN TWO REGULATED WASTESTREAMS AND ONE
                     UNREGULATED WASTESTREAM ARE COMBINED
                           WITH A DILUTE WASTESTREAM
Metal Finishing
(Electroplating)
(Painting)
mgd
L mg/1



Porcelain
Enameling
(Steel)
Q = 0.3 mgd
Zn = 1.33 mg/1



Photographic
Processing

Q = 0.2 mgd
Zn = (N/A)



Sanitary
Waste

Q = 0.05 mgd
Zn = (N/A)


Zn
  cwf
2.13 mg/1 (0.5 mgd + 0.3 mgd + 0.2 mgd + 0.05 mgd - 0.05 mgd)
                             1.05 mgd
                                                      7  n,   ,.
                                                      2.03 mg/1
Note;  Alternate limit of 2.13 mg/1 derived in Example 4A is reduced  because
       of dilution.
                                     5-10

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                                   EXAMPLE 5

          CONVERSION OF PRODUCTION-BASED  (MASS) CATEGORICAL STANDARDS
              TO CONCENTRATION-BASED:  TWO REGULATED WASTESTREAMS
                             WITHOUT DILUTION WATER
     The Porcelain Enameling and  several  other  categorical standards can be
implemented as concentration-based  or  production-based limits.  The example
below converts production-based  limits to equivalent concentration-based
limits.  These equivalent  concentration-based limits can then be used as the
standard for porcelain enameling  as demonstrated in the previous examples.
Porcelain Enameling  (Steel)  Daily
Maximum Limit for Zinc

Average Daily Production During
Last 12 months

Average Daily Water  Usa£e  in
Porcelain Enameling  Coating
During Last 12 months
                    0.85 mg/m  coated
                          6  2
                    2 x 10  m  coated/day
                    300,000 gpd
Step 1:  Convert Production-based Limit to Equivalent Concentration Limit

Concentration=       (Production-Based Limit)(Avg. Daily Production Rate)
Equivalent      (Avg. Daily Flow from Regulated Process) (Conversion Factor)
     Zn
       (equivalent)
   0.85 mg/m  (2 x 10  m  coated/day)
   300,000 gpd (3.785 liters/gallon)
1.50 mg/1
Step 2;  Once the  concentration-based equivalent is determined, then the
         alternate limit  can be calculated as in Example 2A.
Q -
Zn =
0.5 mgd
2.61 mg/1
Metal Finishing
(Electroplating)
(Painting)


Porcelain
Enameling
(Steel)
Q » 0.3 mgd
Zn » 1.50 mg/1

          Zn
             cwf
2.61 mg/1  (0.5 mgd) + 1.50 mg/1 (0.3  mgd)
           (0.5 mgd + 0.3 mgd)
    2.19 mg/1
                                      5-11

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D/Reg 10/011

                                    CHAPTER 6
                       NOTIFICATION OF INDUSTRIAL USERS

INTRODUCTION
     A POTW is responsible  for being up-to-date on  all Federal pretreatment
standards and applicable  requirements under the Clean Water Act and Resource
Conservation and Recovery Act.  The POTW is responsible  for notifying all of
its industrial users,  but particularly Significant  Industrial Dischargers
(SIDs) that may be  affected by existing or newly promulgated standards and
requirements.

     Various procedures are available for a POTW to obtain current information
on the status of the Federal pretreatment regulations and requirements, as
well as other regulations.   If a POTW is quite large, it might subscribe to
the Federal Register or some other comparable printed circular that summarizes
EPA regulatory status, and  assign one individual the duty to review the sub-
ject document(s).   Smaller  or medium sized POTWs could obtain the information
from the State Pretreatment Coordinator, or the EPA Regional Pretreatment
Coordinator, if the State does not possess pretreatment  authority.

     Regional EPA offices and/or approved pretreatment States should be
encouraged to develop  a simple network for communicating pretreatment program
information to the  POTWs.

     The balance of this  chapter is devoted to:

     •  Types of notification
     •  Contents of a  notification package
     •  Review of baseline  monitoring reports and/or applications, or data
        disclosure  forms  from significant industrial dischargers
     •  Outlined procedure  for notifying significant industrial dischargers.

     The narrative  will  center on significant industrial users, as defined in
Chapter  1, which includes categorical industries for which EPA is promulgating
Federal  categorical pretreatment standards.
                                      6-1

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D/Reg 10///11

TYPES OF NOTIFICATIOK
     There are three types of notification which may apply to most POTWs.
They are:

     Initial Notification
     The POTW notifies the industrial users that its pretreatment program
application has been approved and that it will be enforcing local and Feder-
ally promulgated standards on the industrial facility.

     Notification to Submit a Baseline Monitoring Report (BMR) or Permit
     Application or Data Disclosure Form
     Depending on what system the POTW utilizes (permit, contract, or indus-
trial waste acceptance form), the POTW notifies the industrial users to submit
information within a specified time period.

      A POTW may combine these first two types of notification especially if
 categorical industrial users need to be notified immediately of promulgated
 pretreatment standards.

     Periodic Notifications
     A POTW may wish to institute a system to remind industrial users that
progress reports, final compliance reports or semi-annual reports are due.
The POTW would use periodic notifications to present any regulatory news to
the regulated community.

CONTENTS OF A NOTIFICATION PACKAGE
     Whatever type of notification is utilized, the notification package needs
to describe information in a succinct manner.  It is strongly encouraged that
the POTW use standardized forms when gathering information from an industrial
user.
     *
1.   Contents of Initial Notification Package
     This  initial notification should be brief and provide a general outline
to the  industrial users of the POTW's overall pretreatment program strategy,
                                      6-2

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D/Reg 10/011

especially its enforcement mechanism  (permit,  contract,  industrial waste
acceptance form) and what the industrial  users should  be expecting in the near
future (e.g., notification to submit  a  baseline monitoring  report, permit
application, or data disclosure  form).  This notification should identify an
individual who will be  the contact  person for the industrial users.

2.   Contents of Notification Package for Submittal of BMR  or Permit Applica-
     tion or Data Disclosure Form
     This notification  package can  vary depending on whether Federal standards
have been promulgated and whether the municipality will  use a permit system or
rely on the ordinance to control the  industrial users.   The following examples
outline both scenarios.

     A.  Contractual Agreement as the Enforcement Mechanism
     In the case where  Federal regulations are not promulgated and the muni-
cipality elects to use  this mechanism in  lieu of a permit,  the POTW's local
limits, established in  its sewer use  ordinance, will initially be enforced on
categorical as well as  noncategorical industrial users.   The notification
package should:

     •  Describe the local limits and how the POTW will  enforce them
     •  Advise the categorical industrial users that Federal standards will be
        promulgated and that they may apply if they are  more stringent than
        the local limits
     •  Indicate that the industrial  users must sample their wastewater to
        determine compliance with local limits
     •  Indicate that the industrial  users must submit a compliance schedule
        if they are out of compliance
     •  Contain a data  disclosure form  with complete instructions on filling
        out the form correctly (see Attachment 6.1 for example form)
     •  Contain a deadline date  for submittal of all required information.
         This step can be omitted if an industrial user is already being con-
         trolled.
         The POTW can elect to sample the industrial user and charge the user
         for the cost of the sample collection and analysis.
                                      6-3

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D/Reg 10///11


     In the case where Federal regulations are promulgated,  and the munici-

pality elects to use a contract in lieu of a permit, local limits will apply

to noncategorical industrial users, and the Federal limits will apply to the

categorical industrial users unless local or State limits are more stringent

(see Chapter 4 for discussion on applying limits to industrial users).  The

notification package for:


     •  Noncategorical industrial users should contain basically the same
        information discussed under the example given on page 6—3, except for
        reference to the federal categorical standards.

     •  Categorical industrial users should:

        -  Describe that the POTW will apply the more stringent limit to the
           industrial users' discharge.  A general explanation may be usefull.

        -  Describe the different types of variance requests in regulation
           with their associated deadline date (categorical determination
           request: 403.6(a); FDF.-403.13; net gross: 403.15).  The notifica-
           tion package in Attachment 6.2, contains an example of these types
           of requests.

        -  Describe the use of the combined wastestream formula for facilities
           that are integrated (i.e., covered by more than one Federal stan-
           dard) or have a combined discharge of regulated, unregulated, and
           dilution water.  Chapter 5 provides a description and examples of
           how the combined wastestream formula can be used,

        -  Require the industrial user to submit flow data and a schematic so
           that the POTW can adjust Federal limits to determine which limits
           are more stringent  (see Chapter 4 for discussion of technique).

        -  Contain a data disclosure form or a BMR form with instructions (see
           Attachments 6.1 and 6.2 for examples).

            If the POTW must  compare  local  limits vs Federal  limits,  then  the
            industrial user  cannot  sample  nor determine compliance  until  the
            POTW provides the applicable  limits  to  it  (i.e.,  once  the  POTW
            calculates and compares the limits as described in Chapter 4).
            Once this  has been accomplished, the industrial uaer can  sample and
            report compliance in  the  BMR  or data disclosure form.

            The municipality  may  elect  to sample the industrial user  and charge
            it accordingly.

        -   Indicate that  the  industrial user must  sample  its wastewater and
            report compliance.
                                      6-4

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D/Reg 10///11


        -  Indicate  that a compliance schedule must be submitted  if  the
           industrial  user is out of compliance with the  applicable  stan-
           dard(s).

        -  Stipulate a compliance date for subraittal of completed BMR or data
           disclosure  form.   The Regulations (40 CFR 403.12(b)) stipulates
           that  within 180 days from promulgation of the  standard a  report
           containing  the required information be submitted.


           If the industrial user elects to meet local limits or  Federal
            standards at the end of its regulated process  lines, or if the POTW
            elects to have ite local limits apply at the end of the regulated
            process line, then there is no need for an interim step whereby  the
            POTW must obtain flow data, perform some adjustments and  convey
            "applicable limits" to the industrial user so  that it  can sample
            its vastewaters and report compliance.  All that is needed in this
            case is for the POTW to evaluate its limits vs Federal limits and
            convey in the notification package the more stringent  limits to  the
            categorical industrial user.


     Permit/Industrial Waste Acceptance Form (IWA) as the Enforcement Mecha-
     nism

     In the  case where Federal regulations are not promulgated, and  the

municipality elects to use a perrait/IWA, the municipality will initially

enforce its  local limits on categorical as well as noncategorical SIDs.  The

notification package should:


     •  Describe the local limits and how the POTW will enforce them

     •  Advise the categorical industrial users that Federal standards will be
        promulgated and if they are more stringent than the local limits, the
        industrial users will have to comply to the Federal standards

     •  Indicate that  the industrial users must sample their wastewater to
        determine compliance with local limits

     •  Indicate that  the industrial users must submit a  compliance  schedule
        if  they are out of compliance

     •  Contains a data disclosure form or a permit application with complete
        instructions.   If a permit system is being used,  a permit application
        would be included (See Attachments 6.1 and 6.3 for example forms)

     •  Contains a deadline date for submittal of all information.

        A  data disclosure form or permit application form can be  utilized in
         lieu of a BMR if it contains all the necessary information required in
        40 CFR 403.12(b).
                                      6-5

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D/Reg 10///11

     In the case where Federal regulations are promulgated, and the municipal-
ity elects to use a perrait/IWA, the municipality will apply local limits to
the noncategorical industrial users and the Federal limits will apply to the
categorical industrial users, unless local or State limits are more stringent
(see Chapter 4 for discussion on applying limits to industrial users).  The
notification package for:

     •  Noncategorical industrial users should contain basically the same
        information as previously discussed on page 6-3, except for reference
        to the Federal categorical standards
     •  Categorical industrial users should contain the information as
        outlined on pages 6-4 and 6-5.

        A data disclosure form or permit application form can be utilized in
        lieu of a BMR if it  contains all the necessary information required in
        40 CFR 40S.12(b).
        If a POTW has already issued a permit3 contractt or an IWA to a
        categorical industrial user and EPA promulgates a Federal standard for
        the particular categorical user' then the POTW may need to notify the
        user utilizing the notification process discussed above in a slightly
        simplified manner since the key in this situation would be that the
        POTW only needs  to obtain flow information to determine if local or
        Federal standards are more stringent.

3.   Contents of Periodic Notification
     This type of notification should be straightforward.  The format of the
notification will be dependent on the type of information being forwarded to
the industrial user.  If for example, the POTW is sending a reminder about the
compliance deadline date, the notification may reintroduce the appropriate
pretreatment standard and the requirement for the submittal of a final
compliance report.

REVIEW OF SID INFORMATION
     Whether or not a POTW utilized a BMR, a data disclosure form or a permit
application, an industrial user should provide the following information
required in 40 CFR 403.12(b).

     •  Name of firm and location
     •  Standard  industrial  classification code (SIC code)
                                      6-6

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D/Reg 10///11


     •  Description  of  various manufacturing processes

     •  Product  information

     •  Flow information (including whether all flows are  separate or if flows
        from more  than  one process are combined before  discharge to the sewer)

     •  Schematic  of each manufacturing process with associated flows

     •  List of  raw  materials and chemicals utilized in the manufacturing
        process

     •  Description  of  all treatment systems

     •  Listing  of environmental control permits
                                           i
     •  Wastewater constituents (the industrial user is responsible for
        sampling its wastewaters.  The sampling point will depend on whether
        the facility needs to comply with local or  Federal standards)

     •  Statement  regarding compliance

     •  Compliance schedule, if warranted

     •  Signatory  requirement attesting to validity of  information.


     Review of the information submitted by an industrial  user is very

important.  The  following principles should be followed:


     •  The review should be thorough.

     •  The reviewer should have some knowledge of  the  industry in order to
        ascertain  whether information is correct.   The  EPA publishes technical
        development  and guidance documents for categorical industries that
        characterizes the facility and its wastewaters.

     •  Inspections  of  the facility may be useful,  especially where informa-
        tion is  questionable.

     •  Pay particular  attention to how the industrial  user sampled and who
        analyzed the samples.

     •  Watch  for  inconsistent information such as  flows not corresponding, or
        a facility which indicates its discharge is in  compliance with a
        Federal  or local standard but it has no treatment  system (it is
        unlikely that its raw waste would be in compliance unless it is being
        diluted).

     •  Be extremely careful with integrated facilities.   Become familar with
        the application of the combined wastestream formula, and the indus-
        trial  facility.
                                      6-7

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D/Reg 10///11                                                  %


     •  Be aware of the time factor for review.  Many sewer use ordinances
        require that an industrial user obtain a permit within a specified
        time period.

     •  Follow-up as needed.

     •  Ensure compliance schedules for categorical industrial users do not
        extend beyond those specified in promulgated standards.  (Compliance
        deadline dates formating local limits are established by POTWs.)


     Once the information is deemed correct and complete, the POTW will issue

the permit/IWA, or contract indicating what limits apply.


PROCEDURAL OUTLINE FOR NOTIFYING SIDS

     The following procedural outline assumes that the POTW has just received

pretreatment authority, and that it is controlling, through the use of a

permit, categorical and noncategorical industrial users by applying the

appropriate pretreatment standards (i.e., local/State/Federal).


     1.  The POTW program is approved.

     2.  The POTW receives from the EPA Regional Office or State Pretreatment
         Coordinator all BMRs, progress reports, and any final compliance
         reports from industrial users.

     3.  Within (30) days of receiving program authority, the POTW sends an
         initial notification letter to industrial users.

     4.  Within (60) days of receiving program authority, the POTW will notify
         all existing industrial users to submit a permit application.

         •  The POTW will determine which categorical pretreatment standards
            have been promulgated, and which industries will be affected by
            them.

         •  The notificaiton package will instruct the affected users of which
            pretreatment standards apply, provide a synopsis of local and/or
            Federal categorical standards, appropriate compliance deadline
            dates, and sampling and reporting requirements.  A copy of the
            permit application along with instructions will be part of the
            notification package.  For categorical industrial users, the
            notification will summarize the different type of variance
            requests available.

            The permit application will serve as the BMR for the categorical
            industries.
                                      6-8

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D/Reg 10///11
            The POTW will enforce the mope  applicable (or stringent) limita-
            tion (local/State/Federal) on categorical and nonoategorical type
            industries.

         •  If the Federal standards have been promulgated,  the POTW will
            indicate in its notification to a categorical industrial user that
            the more stringent standard will apply (i.e., local limitations or
            Federal limitations).  The POTW will need to work closely with the
            effected user and utilize the combined waetestream formula to
            determine which standards are more stringent, (see Chapter 4)

         0  If Federal categorical standards have not been promulgated at the
            time of notification, the POTW  will indicate to  the affected
            categorical type industry that  local limits apply.

         0  For noncategorical affected users, the POTW will instruct them
            that local limits apply.

            For categorical facilities, which are integrated and have promul-
            gated categorical standards, the POTW will work  closely with the
            affected user and employ the combined wastestream formula, if
            appropriate.


     5.  The affected users will  be required Co submit the permit application
         within (90 days/180 days) of receipt of the POTW's  notification
         package.

     6.  For New Source Dischargers, the POTW will notify the affected user to
         submit a permit application.  The  notification package will describe
         that the POTW will make  a determination as to whether the user will
         be issued a permit.  The affected  user will not be  allowed to dis-
         charge until it receives a determination from the POTW.  If a permit
         is determined to be needed, the affected user (if a categorical
         industry) will be required to comply with the promulgated pretreat-
         ment standard upon commencement of discharge.  The  POTW will use
         discretion regarding whether a new.noncategorical discharge will be
         required to comply with  local limitations upon commencement of a dis-
         charge.

     7.  Review of a Permit Application

         •  The affected users will be required to submit all required data.
            Example permit application forms can be found in Attachment 6.3.

         •  The affected user, being notified by the POTW of which standards
            (local/State/Federal) apply, will sample its wastewater to de-
            termine if it complies with the applicable standards.  A compli-
            ance schedule will be provided  for users indicating noncompliance.

         •  Upon receipt of the permit application, the POTW will create a
            file for each affected user.   (Note:  Data will  be entered in the
            POTW's computer system, if an ADP system is utilized).
                                      6-9

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D/Reg 10/#11
            All data will be reviewed carefully.   The  POTW will pay particular
            attention to which standards  apply to the  affected  user,  as well
            as, compliance data.

            For affected users out of compliance  with  the applicable standard,
            the POTW will evaluate the user's compliance schedule.   For cate-
            gorical industries, the POTW  will insure that the affected user's
            schedule does not exceed the  promulgated standard's final com-
            pliance date.  For noncategorical industries, or categorical
            industries for which Federal  categorical standards  have not been
            promulgated, the POTW will insure that the affected user's sched-
            ule is reasonable.

            For categorical industries for which  Federal categorical  standards
            have not been promulgated, the POTW will determine  the  status of
            the Federal regulation that would apply to the affected user(s)t
            and may wait for promulgation of the  standard if it will  be prom-
            ulgated in a relatively short period  of time. This would allow
            the POTW to determine if Federal or local  standards are more
            stringent and would eliminate the need to  modify the permit.

            Follow-up activities will be  undertaken for incorrect,  inaccurate
            or missing data.

            The POTW will inform the affected user of  acceptance of the permit
            application by issuance of a  permit.
                                     6-10

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       Attachment 6.1






Example Data Disclosure Forms






   •  City of Boise, Idaho




   •  City of Sandpoint, Idaho

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                                 CITY OF  BOISE
          INDUSTRIAL  PRETREATMENT  DISCLOSURE FORM
 COMPLETE ALL APPLICABLE SECTIONS. INFORMATION MUST BE TYPEWRITTEN OR CLEARLY
 PRINTED. ATTACH REQUESTED INFORMATION AS NEEDED. SIGNING OFFICIAL MUST HAVE
 AUTHORIZATION TO PROVIDE SUCH INFORMATION ON BEHALF OF THE COMPANY. CORPORA-
 TION, OR PARTNERSHIP.
 1.  COMPANY NAME:.
 2.  DIVISION NAME: (If applicable) .
 3.  MAILING ADDRESS:  a. STREET OR P.O. BOX
                     b. CITY. STATE. AND ZIP CODE

 4.  FACILITY ADDRESS:  a. STREET OP P.O. BOX 	
                     b. CITY. STATE. AND ZIP CODE
 5.  FOUR-DIGIT SIC (STANDARD INDUSTRIAL CLASSIFICATION) CODE FOR FACILITY     •	

 6.  WASTEWATER CONSTITUENTS:  (Attach additional sheet if necessary)

                   PARAMETER                          •   CONCENTRATION (MG/LJ
 7.  WASTEWATER FLOW:

    a. AVERAGE DAILY DISCHARGE:  Process -

                               Sanitary.

                               Cooling -

    b. MAXIMUM DAILY DISCHARGE	
    c. DAILY. MONTHLY. SEASONAL VARIATIONS

 8.  TIME AND DURATION OF DISCHARGE 	
 9.  DISCHARGE TO SEWERAGE SYSTEM: ATTACH AS EXHIBIT "A" A PLAN TO THE PROPERTY SHOWING
    ACCURATELY THE SITE PLAN. FLOOR PLAN, SEWERS. SEWER CONNECTIONS. INSPECTION MANHOLES.
    AND SAMPLING CHAMBERS BY SIZE. LOCATION. AND ELEVATION.

10.  DESCRIPTION OF FACILITY: ATTACH AS EXHIBIT "8" A DESCRIPTION OF THE ACTIVITIES. FACILITIES. AND
    PLANT PROCESSES INCLUDING ALL MATERIALS DISCHARGED TO THE SEWERS OR TREATMENT FACILITIES.

11.  PROHIBITED POLLUTANTS BEING DISCHARGED AS REGULATED BY CITY INDUSTRIAL USER ORDINANCL.
    (Ansch additional sheets if necessary)

                  POLLUTANT                              CONCENTRATION (MG/L)	

                                                     DAILY MAXIMUM    DAILY AVERAGE
                                           Figure 6-4.  Example Disclosure Form
                                                                                 CH2M
                                           BOISE INDUSTRIAL PRETREATMENT PROGRAM   ! "SHILL
 B12430.LO                                   CITY OF BOISE. IDAHO                    I

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12.  IS INDUSTRY IN COMPLIANCE WITH CITY INDUSTRIAL PRETREATMENT ORDINANCE?.

13.  IS ADDITIONAL PRETREATMENT REQUIRED? 	•—
     IF YES. DESCRIBE PRETREATMENT NECESSARY
14.   COMPLIANCE SCHEDULE: (Must conform to requirements of City pretreatment ordinance. Attach additional sheets as
     necessary)
15.   PRODUCTS PRODUCED: (Attach additional sheets as necessary)

                  TYPE               AMOUNT AND RATE OF PRODUCTION             PROCESS
16.   RAW MATERIALS USED. TO INCLUDE CHEMICALS USED IN PROCESS THAT COULD BE DISCHARGED TO
     SANITARY SYSTEM: (Attach additional sheets a* necessary)
                                              	   AMOUNT UTILIZED	
                 TYPE                         AVERAGE/DAY                     MAXIMUM/DAY
17.   ENVIRONMENTAL CONTROL PERMITS: Lin any environmental control permits held by or for your facility.
       The information contained in this discourse statement is familiar to me and to the best of my
       knowledge and belief, such information is true, complete, and accurate.
            Signature:	',	Date:.

            Organization/Title: _________________________

            Address: ________	
            Telephone:.
                                                 Figure 6-4.  (Continued)
                                                 BOISE INDUSTRIAL PRETREATMENT PROGRAM
B12430.LO                                         CITY OF BOISE. IDAHO

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                           CITY OF SANDPOINT

             INDUSTRIAL PRETREATMENT DISCLOSURE FORM
COMPLETE  ALL  APPLICABLE • SECTIONS.     INFORMATION   MUST  BE
TYPEWRITTEN    OR    CLEARLY   PRINTED.      ATTACH   REQUESTED
INFORMATION    AS   NEEDED.      SIGNING   OFFICIAL   MUST   HAVE
AUTHORIZATION TO PROVIDE SUCH INFORMATION ON BEHALF OF  THE
COMPANY, CORPORATION, OR PARTNERSHIP.
1.   Company Name/Telephone:_
2.    Mailing Address: a. Street or P.O. Box_
                     b. City, State, and Zip Code
3.   Facility Address (if different from mailing address):
                     a. Street or P.O. Box
                     b. City, State and Zip Code_
4.   Standard  industrial  classification  number  (four  digit  SIC  code)  for
     facility	

5.   Wastewater constituents and  characteristics  including  but not limited to
     those  mentioned in  the  City of Sandpoint  Wastewater  Use Ordinance
     Appendices A, B and C- (Attach additional sheet if necessary)

           Constituents and Characteristics           Concentration (mg/1)
6.   Time and Duration of Discharge
7.   Wastewater Flow (Including sanitary and cooling water flows):

     a.    Average Daily Discharge	
     b.    Maximum Daily Discharge
           Daily, Monthly, Seasonal Variations
8.   Discharge  to sewerage  system:   Attach as  Exhibit  "1" a  plan  to  the
     property showing  accurately  the site  plan,  floor plan,  mechanical  and
     plumbing plans and details to show all sewers, sewer connections,
                FIGURE 6-2. EXAMPLE DISCLOSURE FORM

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     inspection manholes,  and sampling chambers and  appurtenances by size,
     location and elevation.

9.    Description  of facility: .  Attach  as Exhibit "2"  a description  of the
     activities, facilities, and plant processing including all materials discharged
     to the sewers to or treatment facilities.

10.  Prohibited pollutants  being discharged as regulated by  City Waste water
     User Ordinance (Attach  additional sheets if necessary):

                Pollutant                            Concentration (mg/1)
                                               Daily Max.         Daily Avg.
11.  If additional pretreatment and/or operation and maintenance activities are
     required  to comply with  the  City's Wastewater  User  Ordinance,  the
     discharger shall provide a compliance schedule which will conform to the
     requirements presented in the City's Wastewater User Ordinance (Attach
     additional sheets as necessary):
12.  Products Produced (Attached additional sheets as necessary):

                                 Amount and Rate of
           Type                      Production                 Process
                             FIGURE 6-2  (cont.)

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13.   Chemicals  and  Raw  Materials  Used  that could  be discharged to  the
      Sanitary System (Attach additional sheets as necessary):

                                          Amount Utilized
           Type                      Average/Day         Maximum Day
14.   Environmental  Control Permits:  List any /environmental control permits
      held by or for your facility.
The  information contained in this discourse statement is familiar to me and to
the best of my knowledge and belief, such  information is  true, complete, and
accurate.

     Signature:	Date:	

     Organization/Title:	
                              FIGURE 6-2 (cont.)

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              Attachment 6.2
Example Notification Package for Submittal
                of BMR Data

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      GUIDANCE ON IMPLEMENTATION
                  OF
BASELINE MONITORING REPORT REQUIREMENTS
             October  1984
 U.S. Environmental Protection Agency
Office of Water Enforcement and Permits
         NPDES Programs Branch
          401 M Street, S.W.
        Washington, D.C. 20460

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                   ACKNOWLEDGEMENTS
     This document was prepared by JRB Associates under
EPA  Contract No.  68-01-6514  with guidance from EPA
Headquarters, Office of Water  Enforcement  and Permits,
and  EPA   Regional  Offices,   particularly   materials
prepared by U.S.  EPA Regions  11 and V.

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                               TABLE OF CONTENTS


Chapter                                                              Page

1.   OVERVIEW OF BASELINE MONITORING REPORTS	   1-1

     1.1  INTRODUCTION	   1-1
     1.2  OVERVIEW OF THE BMR STRATEGY	   1-4
     1.3  CONTENTS OF THE BMR INFORMATION PACKAGE...	   1-4
     1.4  OVERVIEW OF CONTROL AUTHORITY RESPONSIBILITIES	   1-5

          1.4.1  Identifying  Industrial Users	   1-7
          1.4.2  Notifying Industrial Users	   1-7
          1.4.3  Reviewing Baseline Monitoring Reports and Taking
                 Follow—up Action	1	   1-8

2.   BMR STRATEGY	   2-1

3.   REGULATORY REQUIREMENTS	   3-1

4.   BMR FORM	   4-1

5.   BMR REVIEW CHECKLIST AND SUMMARY FORM	   5-1

6.   NOTIFICATION LETTERS	   6-1

7.   SAMPLE CORRESPONDENCE...	   7-1


APPENDICES - SUMMARIES OF CATEGORICAL PRETREATMENT STANDARDS

     A.   ALUMINUM FORMING
     B.   BATTERY MANUFACTURING
     C.   COIL COATING
     D.   COPPER FORMING
     E.   ELECTRICAL COMPONENTS  (PHASE I)
     F.   ELECTRICAL COMPONENTS  (PHASE II)
     G.   ELECTROPLATING AND  METAL FINISHING
     H.   INORGANIC CHEMICAL  MANUFACTURING (PHASE I)
     I.   INORGANIC CHEMICAL  MANUFACTURING (PHASE II)
     J.   IRON AND STEEL MANUFACTURING
     K.   LEATHER TANNING AND FINISHING
     L.   METAL MOLDING AND CASTING  (FOUNDRIES)
     M.   NONFERROUS METALS FORMING   .
     N.   NONFERROUS METALS MANUFACTURING (PHASE I)
     0.   ORGANIC CHEMICALS AND  PLASTICS AND  SYNTHETIC FIBERS
     P.   PESTICIDE CHEMICALS
     Q.   PETROLEUM REFINING
     R.   PHARMACEUTICAL MANUFACTURING
     S.   PORCELAIN ENAMELING
     T.   PULP, PAPER, AND PAPERBOARD AND BUILDERS' PAPER AND BOARD MILLS
     U.   STEAM ELECTRIC
     V.   TIMBER PRODUCTS PROCESSING

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x-                          1.  OVERVIEW OF BASELINE MONITORING  REPORTS
\
         1.1  INTRODUCTION
              All industrial users  (lUs) subject to Categorical Pretreatment Standards
         must comply with the  reporting requirements contained  in  the General Pre-
         treatment Regulations in Section 403.12 of Title 40  of the Code of Federal
         Regulations.  The  first  report required of an IU subject  to the standards is
         the Baseline Monitoring  Report (BMR), which is to be submitted to the Control
         Authority within 180  days  after the effective date of  an  applicable Categori-
         cal Pretreatment Standard.   The Control Authority, which  will be responsible
         for receiving and  reviewing these BMRs, is defined in  Section 403.12(a) as the
         publicly owned  treatment works (POTW) if the POTW has  an  approved local
         pretreatment program, or in the absence of an approved local program, the
         State, if it has been delegated pretreatment authority, or the EPA Region.

              The information  in  BMRs will glay an important  role  in the application
         and enforcement of Categorical Pretreatment Standards, as well as the overall
         National Pretreatment Program, such as:
V
              •  Ensuring that all  categorical industries are aware of their responsi-
                 bilities to comply with Categorical Pretreatment  Standards
              •  Providing  an  opportunity for POTWs and their lUs  to establish contact
                 with one another
              •  Determining the  compliance status of each IU subject to Categorical
                 Standards
              •  Disseminating information to States, POTWs,  and categorical lUs.

         Because of  the  estimated number of lUs subject to Categorical Pretreatment
         Standards  (15,000) and  the number of POTWs and States  that will be acting as
         Control Authorities  (approximately 1,700), EPA has developed a BMR Strategy
         and guidance for EPA  Regions, States, and POTWs to use in implementing BMR
         requirements.   Table  1  shows the status of the various Categorical Standards,
         the estimated number  of  affected industrial users, and the regulatory due
         dates for  the submission of BMRs.  The table is organized in alphabetical
         order by industrial  category.  A table with the same data organized by

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                                                                                 Revised 10-17-84
                                    TABLE I





SUMMARY STATUS OF NATIONAL CATEGORICAL PRETKEATHENT STANDARDS:   MILESTONE DATES




                               FINAL REGULATIONS
Industry Category
Timber Products
Electroplating
Textile Hills4
Metal Finishing
Pulp, Paper, Paperboard
Steam Electric
Electrical Components I
Iron and Steel
Inorganic Chenlcals 1
Leather Tanning
Porcelain Enanellng
Petroleum Refining
Coll Coating I
Copper Fora Ing
Aluminum Forming
Pliarnaceut Icats
Coll Coating (Canmaklng)
Estimated
Hunter of
Indirect
Dischargers
*7
10,200
—2
250
93
240
96
44
140
89
S3
32
32
72
270
~6
Promulgation
Date
1-26-81
1-28-81
9-2-82
7-15-83
11 -18-82
11-19-82
4-8-83
5-27-82
6-29-82
11-23-82
11-24-82
10-18-82
12-1-82
8-15-83
10-24-83
10-27-83
11-17-83
Effective
Date
3-30-81
3-30-81
10-18-82
8-29-83
1-3-83
1-2-83
5-19-83
7-10-82
8-12-82
1-6-83
1-7-83
12-1-82
1-17-83
9-26-83
12-7-83
12-12-83
1-2-84
BUR Due Date
9-26-81
9-26-81 (Nontnteg.)
6-25-83( Integrated)
4-16-83
2-25-84
7-2-83
7-1-83
11-15-83
4-6-83
5-9-83
7-5-83
7-6-83
5-30-83
7-16-83
3-25-84
6-4-84
6-9-84
6-30-84
PSES
Compliance
Date
1-26-84
4-27-84 (Nonlnteg.)
6-30-84 (Integrated)
__l
6-30-84 (Part 433, TTO)2
7-10-85 (Part 420. TTO)
2-15-86 (Final)
7-1-84
7-1-84
7-1-84 (TTO)3
11-8-85 (As)
7-10-85
8-12-85
11-25-85
11-25-85
12-1-85
12-1-85
8-15-86
10-24-86
10-27-86
11-17-86

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                                                                                                   Revised 10-17-84
                                                TABLE I  (Continued)

            SUMMARY STATUS OF NATIONAL CATEGORICAL PRETREATMENT STANDARDS:   MILESTONE DATES (Continued)

                                                PROPOSED REGULATIONS



Industry Category
Battery Manufacturing
Nonferrous Metals I
Electrical Components II
Inorganic Chemicals II


Pesticides
Organic Chemicals
Metal Holding and
Casting (Foundries)
Plastics Molding and
Forming
Nonferrous Metals forming
Nonferrous Metals II
Estimated
Number of
Indirect
Dischargers
190
63
—5
	 7


38
470

355

1,117
113
—8


Promulgation
Date
3-9-84
3-8-84
12-14-83
8-22-84


deferred
deferred

(6-84)

(9-84) .
(10-84)
(11-84)


Effective
Date
4-18-84
4-23-84
1-27-84
10-5-84


deferred
• deferred

(8-84)

(11-84)
(12-84)
(1-85)



BMR Due Date
10-15-84
10-20-84
7-25-84
4-3-85


deferred
deferred

(2-85)

(5-85)
(6-85)
(7-85)

PSBS
Compliance
Date
3-9-87
3-9-87
7-14-87
6-29-85
8-22-87 (CuSO.,
N1SO.)
deferred
deferred

(8-87)

(11-87)
(12-87)
(1-88)


Proposed
Date






11-30-82
3-21-83

11-15-82

2-15-84
3-5-84
6-27-84
Parentheses Indicate expected milestone dates for categories that do not yet have final standards.

Footnotes;

     (I)  No numerical pretreatment limits have been established for tfie Textile Mills industrial category, and
          there Is no final compliance date for categorical pretreatment standards.  Firms In this Industry are
          required to comply only with the General Pretreatraent Regulations In 40 CFR 403.

     (2)  Existing sources that are subject to the Metal Finishing standards in 40 CFR Part 433 must comply only
          with the Interim limit for Total Toxic Organ Ics (TTO) by June 30, 1984.  Plants also covered by 40 CFR
          Part 420 must comply with the Interim TTO limit by July 10, 1985.  The compliance date for Metals,
          Cyanide, and final TTO Is February 15, 1986 for all sources.

     (3)  The compliance date for existing Phase I Electrical and Electronic Components manufacturers for TTO  is
          July I, 19H4.  The compliance date for arsenic Is November 8, 1985.

     (4)  No numerical pretreatment standards were established for this Industrial category.  However, Indirect
          dischargers in the Textile Mills Industry are required to comply with the General Pretreatment
          Regulations In 40 CTK Part 403.

Note:  The compliance dale for any New Source (PSNS) Is the same date as the commencement of the discharge.

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chronological order according to the compliance date is given in Section 2
(pages 2-12 - 2-13).

     The following sections discuss EPA's strategy for BMR implementation, the
responsibilities of the Control Authority, and the contents of this guidance
package.  Questions about BMRs should be directed to the appropriate EPA
Regional Pretreatment Coordinator.

1.2  OVERVIEW OF THE BMR STRATEGY
     EPA Headquarters, with significant input from the Regions, has outlined a
national strategy for implementing BMR requirements for industrial users
subject to Categorical Pretreatment Standards (see Section 2 of this docu-
ment).  The BMR Strategy outlines Control Authority requirements for notifica-
tion, receipt, and  review of BMRs; provides an overview of the contents of a
BMR; and suggests a plan for Regions and States to follow in implementing the
strategy.

     Overall, the BMR Strategy recommends that the EPA Regions and States give
POTWs the responsibility for identifying and notifying IDs and receiving and
reviewing BMRs.  POTWs with approved local pretreatment programs, or those
making  significant  progress in developing programs, are in the best position
to  identify Ills subject to Categorical Pretreatment Standards from their
industrial waste surveys and to verify the information contained in BMRs.  The
BMR Strategy stresses providing sufficient guidance to POTWs through States
and EPA Regions so  that they can  assume BMR responsibilities.  This guidance
package is to be used in training POTWs to enforce BMR requirements.

1.3  CONTENTS OF THE  BMR INFORMATION PACKAGE
      The BMR Strategy called for  developing this  BMR Information Package,
which contains materials that  can be passed on to Control Authorities.  The
components of this  package are:

      •  BMR  Strategy  - A copy  of  EPA's plan for administering BMRs is  pre-
        sented  in  Section  2.

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     •  Regulations for BMR Reporting Requirements - For quick reference, 40
        CFR 403.12(a)-(d)  is provided in Section 3.

     •  Sample BMR Form and Instructions - A sample BMR form is shown in
        Section 4.  The form requests all of the information required to be
        submitted by 40 CFR 403.12(b)(l-7).   Accompanying the sample form are
        instructions on how to complete it.

     •  BMR Review Checklist and  Summary Comment Form - A checklist and
        summary form are provided in Section 5  for use in reviewing and
        tracking BMRs.  The checklist is keyed  to the sample form in Section
        4.

     •  Sample Notification Letter - A sample notification letter for request-
        ing BMRs from  industrial  users is given in Section 6.  An example
        letter is also provided.

     •  Sample Follow-up Correspondence - Industrial users may fail to submit
        BMRs upon request  or may  submit incomplete BMRs.  Section 7 contains
        sample letters that can be used to correspond with lUs that are
        noncompliant.

     •  Categorical Pretreatment  Standard Summaries - The appendix is sub-
        divided into sections that correspond to each industry group "for which
        Categorical Pretreatment  Standards have been proposed or promulgated.
        Each section contains a summary of the  particular Categorical Pre-
        treatment Standard.   The  summaries are  intended to be sent to indus-
        trial users along  with their notification letters (Section 6) to
        assist them in understanding the standards.  The Categorical Standard
        Summaries provide  information on:

           -  Important dates, including BMR due dates and discharge compli-
              ance dates

           -  Federal Register citations

           -  Regulated subcategories

           -  Regulated pollutants and applicable discharge limits

           -  Special  considerations.


Note that this information package is intended  to provide examples for Control
Authorities.  Each Control Authority should tailor the letters, BMR form,
review checklist, and other materials to its specific needs.

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1.4  OVERVIEW OF CONTROL AUTHORITY RESPONSIBILITIES
     Figure 1 is a flow diagram of the steps through which a Control Authority
proceeds in carrying out its BMR responsibilities.  The steps include
identifying industrial users, notifying the Ills of their requirements,
reviewing BMRs as they are submitted, and taking appropriate action in cases
of noncompliance.  These activities are discussed below.

1.4.1  Identifying Industrial Users
     The first step in implementing the BMR strategy is identifying industrial
users under the jurisdiction of the Control Authority that are subject to
                                            i
Categorical Pretreatment Standards.  If the Control Authority is a POTW, a
list of lUs may be available from the industrial waste survey (IWS) conducted
during pretreatment program development.  In cases where the Control Authority
does not have access to an IWS, a list of lUs can be developed through the use
of State and local industrial directories or lists maintained by States or EPA
Regions.  The Control Authority should note that the latter sources probably
will not indicate whether an industry is a direct or indirect discharger.
                        •
     Once lUs have been identified, the Control Authority should classify them
by industry category and segregate, where possible, lUs that are not regulated
by Categorical Pretreatment Standards.  SIC codes, which are often given in
industrial directories, can aid in classifying industrial users.  Table 2
presents a listing of SIC codes for industrial users regulated by the
categories and subcategories for which Categorical Pretreatment Standards have
been promulgated or proposed.  This table can be used as a reference for the
Control Authority to segregate its categorical lUs.  The Control Authority
should also look for lUs that may be covered by more Chan one Categorical
Pretreatment Standard.

1.4.2  Notifying Industrial Users
     After the Control Authority has identified its lUs, it should notify the
industries of the requirement to submit BMRs.  A notification package can be
sent to each industrial user, consisting of:

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                           Control Authority
                         Identifies Industrial
                           BMR Notification
                           Package Sent to
                           Industrial User
                            Review BMR tor
                             Completeness
Return to  IU With
Explanatory Letter
                         Technical Review of
                         BMR i Determination  of
                              Cotnoliance
                                                    SXR Filed  for 3 years
                                                     Periodic  Reports
                                                         Monitored
                           IU Must Submit  a
                          Compliance Schedule
                              With the BMR
                          Compliance Schedule
                              .Follow-up
                                              FIGURE  1.

                                     ADMINISTRATION OF  BMRs

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                                    TABLE 2

         REGULATED INDUSTRIAL SUBCATEGORIES WITH ASSOCIATED SIC CODES


	Industry Category	SIC Codes	

Aluminum Forming

A.  Rolling with Emulsions                       3353, 3355
B.  Rolling with Neat Oils                       3353, 3355
C.  Extrusion                                    3354
D.  Forging                                      3463
E.  Drawing with Neat Oils                       3353, 3355
F.  Drawing with Emulsions or Soaps              3354, 3355, 3357

Battery Manufacturing

A.  Cadmium                                      3691, 3692
B.  Lead                                         3691, 3692
C.  Leclanche                                    3691, 3692
D.  Lithium                                      3691, 3692
E.  Magnesium                                    3691, 3692
F.  Zinc                                         3691, 3692

Coil Coating

A.  Steel Basis Material Coating                 347SL, 3497
B.  Galvanized Basis Material Coating            3479, 3497
C.  Aluminum Basis Material Coating              3479, 3497
D.  Canmaking                                    3411

Copper Forming

All processes                                    3351, 3497

Electrical and Electronic Components
(Phase I)

A.  Semiconductors                               3674
B.  Electronic Crystals                          3679

Electrical and Electronic Components
(Phase II)

C.  Cathode Ray Tube                             3671
D.  Luminescent Materials                        3672
 Sources:   (1) Summary  of  Rulemaking Activities, EPA Effluent Guidelines
           Division, July  1983;  (2) Preambles to various Final Rules; (3) List
           of Major  Industries,  prepared  by EPA, NEIC, Golden, CO, October
           1982.

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                               TABLE 2 (Continued)

         REGULATED  INDUSTRIAL SUBCATEGORIES WITH ASSOCIATED  SIC CODES
           Industry Category
       SIC Codes
Leather Tanning and  Finishing (Continued)

D.  Retan-Wet Finish-Sides
E.  No Beamhouse
F.  Through-the-Blue
G.  Shearling
H.  Pigskin
I.  Retan-Wet Finish-Splits

Metal Finishing (see also Electroplating)

All processes

Nonferrous Metals Manufacturing (Phase I)

B.  Primary Aluminum Smelting
C.  Secondary Aluminum  Smelting
D.  Primary Copper Smelting
E.  Primary Electrolytic  Copper Refining
F.  Secondary Copper
G.  Primary Lead
H.  Primary Zinc
I.  Metallurgical Acid  Plants
J.  Primary Tungsten
K.  Primary Columbium Tantalum
L.  Secondary Silver
M.  Secondary Lead

Petroleum Refining

A.  Topping
B.  Cracking
C.  Petrochemicals
D.  Lube
E.  Integrated

Pharmaceutical Manufacturing

A.  Fermentation Products
B.  Extractions
C.  Chemical Synthesis  Products
D.  Mixing/Compounding  and  Formulation

Porcelain Enameling

A.  Steel Basis Material

B.  Cast Iron Basis  Material
C.  Aluminum Basis Material
3111
3111
3111
3111
3111
3111
3471,  3479
3334
3341
3331
3331
3341
3332
3333
3331,  3332,  3333
3339
3339
3341
3341
2911
2911
2911
2911
2911
2833,  2831
2831,  2833
2833
2834
3631,  3632,  3633, 3639, 3469,
3479,  3431
3631,  3431
3469,  3479,  3631

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                              TABLE 2 (Continued)

         REGULATED INDUSTRIAL SUBCATEGORIES WITH ASSOCIATED SIC CODES
           Industry Category
       SIC Codes
Porcelain Enameling (Continued)

D.  Copper Basis Material

Pulp, Paper and Paperboard

Part 430

A.  Unbleached Kraft
B.  Semi-Chemical
D.  Unbleached Kraft-Neutral Sulfite
    Semi-Chemical (Cross Recovery)
E.  Paperboard from Wastepaper
F.  Dissolving Kraft
G.  Market Bleached Kraft
H.  BCT Bleached Kraft
I.  Fine Bleached Kraft
J.  Papergrade Sulfite (Blow Pit Wash)
K.  Dissolving Sulfite Pulp
M.  Groundwood - Thermo-Mechanical
N.  Groundwood - CMN Papers
0.  Groundwood - Fine Papers
P.  Soda
Q.  Deink
R.  Nonintegrated - Fine Papers
S.  Nonintegrated - Tissue Papers
T.  Tissue from Wastepaper
U.  Papergrade Sulfite (Drum Wash)
V.  Unbleached Kraft and Semi-Chemical
W.  Wastepaper Molded Products
X.  Nonintegrated - Lightweight Papers
Y.  Nonintegrated - Filter and Nonwoven
    Papers
2.  Nonintegrated - Paperboard

Part 431

A.  Builders' Paper and Roofing Felt

Steam Electric Power Generating

All processes

Timber Products

G.  Wood Preserving - Steam
H.  Wood Preserving - Boultonizing
3469, 3479, 3631
2611, 2621, 2631
2611, 2621, 2631
2611, 2621, 2631

2631, 2661
2611
2611
2611, 2621, 2631
2611, 2621
2611, 2621
2611
2611, 2621, 2631
2611, 2621
2611, 2621
2611, 2621
2611, 2621
2621
2631
2611, 2621, 2647
2611, 2621
2611, 2621, 2631
2611, 2621, 2631,  2646
2611, 2621
2621

2631
2661
4911, 4931
2491
2491
                                       10

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     •  Cover letter  to  the  IU explaining:   1)  requirement to submit a BMR, 2)
        where the  BMR should be sent,  3)  due date of  the BMR, and 4) other
        pertinent  dates  for  the industrial  category
     •  Summary  of the applicable Categorical Pretreatment Standard to assist
        the IU in  determining its compliance status
     •  BMR form to be completed by the IU
     •  Instructions  for completing the BMR.

     A sample BMR  Report Form, instructions for completing the form, a sample
notification letter and  summaries of the various Categorical Pretreatment
Standards are provided in Sections 4,  6,  and in the appendices.

1.4.3  Reviewing Baseline Monitoring Reports and Taking Follow-up Action
     Each baseline monitoring report must meet  the requirements set forth in
40 CFR 403.12(b)(l-7).  To determine compliance with  these requirements, the
reviewer must first check the BMR for completeness.   If a BMR is incomplete,
the Control Authority should notify the IU  of the requirement to submit
additional  information.   Follow-up letters, as  shown  in Section 7, can be sent
to industries that have  submitted Inadequate BMRs. If an IU fails to submit
its BMR, the Control  Authority must contact the IU, and should specify a due
date for the report.

     The person  who reviews the BMR must determine whether the IU is in
compliance  with  applicable pretreatment standards. If the BMR indicates that
the industry is  not in compliance, the industry is required to submit a
schedule of activities that it will conduct to achieve compliance.  Compliance
schedules must meet the  requirements in 40  CFR 430.12(c) and must be approved
by the Control Authority.
                                        11

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                                2.   BMR STRATEGY
     EPA has developed  a  strategy that It will follow  in implementing BMR
requirements nationwide.  However,  this strategy has not been officially
approved, and subsequently  is not available at this time.

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                           3.   REGULATORY REQUIREMENTS

     The General Pretreatment Standards set forth BMR requirements in 40 CFR
403.12(b)(l-7).  This  section contains a copy of all of the general pretreat-
ment reporting requirements  In 40 CFR 403.12(a~d).

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9452    Federal Register / VoL 46.  No. 18 / Wednesday. January 28. 1981  / Rides and Regulations
                                                                            {403.12 Reporting rvqulrenMnts for
                                                                            POTWs and Industrial UMT*.
                                                                              (a) Definition. The term "Control
                                                                            Authority" as it is used in this section
                                                                            refer* to: (1) The POTW if the POTWs
                                                                            Submission for its pretreatment program
                                                                            (j 40&3(t)(l)) has been approved in
                                                                            accordance with the requirements of
                                                                            1403.M: or (2) the Approval Authority if
                                                                            the Submission has not been approved.
                                                                              (b) Reporting requirement for
                                                                            industrial users upon effective date of
                                                                            categorical pretreatment standard—
                                                                            baseline report. Within 180 days after
                                                                            the effective date of a categorical
                                                                            Pretreatment Standard, or 180 days after
                                                                            the final administrative decision made
                                                                            upon a category determination
                                                                            submission under S 403.6(a)(4),
                                                                            whichever is later, existing Industrial
                                                                            Users subject to such categorical
                                                                            Pretreatment Standards and currently
                                                                            discharging to or scheduled to discharge
                                                                            to s POTW shall be required to submit
                                                                            to the Control Authority a report which
                                                                            contains the information listed in
                                                                            paragraph (b)(lH7J of this section.
                                                                            Where reports containing this
                                                                            information already have been
                                                                            submitted to the Director or Regional
                                                                            Administrator in compliance with the
                                                                            requirements of 40 CFR 128.140(b), the
                                                                            Industrial user will not be required to
                                                                            submit this information again. New
                                                                            sources shall be required to submit to
                                                                            the Control Authority a report which
                                                                            contains the information listed in
                                                                            paragraphs (b)(lHS) of this section:
                                                                              (1) Identifying information. The User
                                                                            shall submit the name and address of
                                                                            the facility including the name of the
                                                                            operator and owners;
                                                                              (2) Permits. The User shall submit a
                                                                            Hit of any environmental control pern-
                                                                            held by or for the facility:
                                                                              (3) Description of operations. The
                                                                            User shall submit a brief description of
                                                                            the nature, average rate of production.

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                Federal Register / Vol. 46. No. 18  /  Wednesday. January  28. 1981  /  Rules and  Regulations    9453
       and Standard Industrial Classification of
/       :he operation(s) carried out by such
       Industrial User. This description should
       include a schematic process diagram
       which indicates points of Discharge to
       the POTW from the regulated processes.
         (4) Flow measurement. The User shall1
       submit information showing the
       measured average daily and maximum
       daily flow, in gallons per day. to the
       POTW from each of the following:
         (i) regulated process streams: and
         (ii) other streams as necessary to
       allow use of the combined wastestream
       formula of i 403.6(e). (See paragraph
       (b)(5](v) of this section.)
       The Control Authority may allow for
     . verifiable estimates of these flows
       where justified by cost or feasibility
       considerations.
         (5) Measurement of Pollutants, (i) The
       user shall identify the Pretreatment
       Standards applicable to each regulated
       process;
         (ii) In addition, the User shall submit
       the results of sampling and analysis
       identifying the nature and concentration
       (or mass, where required by the
       Standard or Control Authority) of
       regulated pollutants in the Discharge
       from each regulated process. Both daily
       maximum and average concentration (or
I       mass, when required) shall be reported.
       The sample shall be representative of
       daily operations:
         (iii) Where feasible, samples must be
       obtained through the flow-proportional
       composite sampling techniques specified
       in the applicable categorical
       Pretreatment Standard. Where
       composite sampling is not feasible, a
       grab sample is acceptable:
         (iv) Where the flow of the stream
       being sampled is less than or equal to
       950,000 liters/day (approximately
       230,000 gpd). the User must take three
       samples within a two-week period.
       Where the flow of the stream being
       sampled is greater than 950.000 liters/
       day (approximately 250.000 gpd). the
       User must take six samples within a
       two-week period:
         (v) Samples should be taken
       immediately downstream from
       pretreatment facilities if such  exist or
       immediately downstream from the
       regulated process if no pretreatment
       .exists. If other wastewaters are mixed
       with the regulated wastewater prior to
       pretreatment the User should measure
       the flows and concentrations necessary
       to allow use of the combined
       wastestream formula of i 403.6(e) in
       order to evaluate compliance with the
       Pretreatment Standards. Where an
       alternate  concentration or mass limit
       has been calculated in accordance with
       8 4O3.6(e) this adjusted limit along with
supporting data shall be submitted to
the Control Authority:
  (vi) Sampling and analysis shall be
performed in accordance with the
techniques prescribed in 40 CFR Part 136
and amendments thereto. Where 40 CFR
Part 136 does not contain sampling or
analytical techniques for the pollutant in
question, or where the Administrator
determines that the Part 136 sampling
and analytical  techniques are
inappropriate for the pollutant in
question, sampling and analysis shall be
performed by using validated analytical
methods or any other applicable
sampling and analytical procedures.
including procedures suggested  by the
POTW or other parties, approved by the
Administrator.
  (vii) The Control Authority may allow
the submission of a baseline report
which utilizes only historical data so
long as the data provides information
sufficient to determine the need for
industrial pretreatment measures:
  (viii) The baseline report shall
indicate the time, date and place, of
sampling, and method* of analysis, and
shall certify that such sampling  and
analysis is representative of normal
work cycles and expected pollutant
Discharges to the POTW;
  (6) Certification. A statement.
reviewed by an authorized
representative  of the Industrial User (as
defined in subparagraph (k) of this
section) and certified to by a qualified
professional, indicating whether
Pretreatment Standards are being met
on a consistent basis, and. if not
whether additional operation and
maintenance (O and M) and/or
additional pretreatment is required for
the Industrial User to meet the
Pretreatment Standards and
Requirements:  and
  (7) Compliance Schedule. If additional
pretreatment and/or O and M will be
required to meet the Pretreatment
Standards: the  shortest schedule by
which the Industrial User will provide
such additional pretreatment and/or O
and M. The completion date in this
schedule shall  not be later than  the
compliance date established for the
applicable Pretreatment Standard.
  (I) Where the Industrial User's
categorical Pretreatment Standard has
been modified  by a removal  allowance
(§ 403.7). the combined wastestream
formula (} 403.6(e)). and/or a
Fundamentally Different Factors
variance (§ 403.13) at the time the User
submits the report required by
paragraph (b) of this section, the
information required by paragraphs
(b)(6) and (7) of this section shall pertain
to the modified limits.
  (ii) If the categorical Pretreatment
Standard is modified by a removal
allowance (§ 403.7). the combined
wastestream formula (§ 403.6(e)). and/or
a Fundamentally Different Factors
variance (§  403.13) after the User
submits the report required by
paragraph (b) of this section, any
necessary amendments to the
information requested by paragraphs
(b)(6) and (7) of this section shall be
submitted by the User to the Control
Authority within 60 days after the
modified limit is approved.
  (c) Compliance Schedule for Meeting
Categorical Pretreatment Standards.
The following conditions shall apply to
the schedule required by paragraph
(b](7) of this section:
  (1) The schedule shall contain
increments of progress in the form of
dates for the commencement and
completion of major events leading to
the construction and operation of
additional pretreatment required for the
Industrial User to meet the applicable
categorical Pretreatment Standards (e.g..
hiring an engineer, completing
preliminary plans, completing final
plans, executing contract for major
components, commencing construction.
completing construction, etc.).
  (2) No increment referred to  in
paragraph (c)(l)  of this section shall
exceed 9 months.
  (3) Not later than 14 days following
each date in the  schedule and the final
date for compliance, the Industrial User
shall submit a progress report to  the
Control Authority including, at a
minimum, whether or not it complied
with the increment of progress to be met
on such date and. if not the date on
which it expects to comply with this
increment of progress, the reason for
delay, and the steps being taken by the
Industrial User to return the
construction to the schedule established.
In no event shall more than 9 months
elapse between such progress reports to
the Control Authority.
  (d) Report on compliance with
categorical pretreatment standard
deadline. Within 90 days following the
date for final compliance with
applicable categorical Pretreatment
Standards or in the case of a New
Source following commencement of the
introduction of wastewater into the
POTW. any Industrial User subject to
Pretreatment Standards and
Requirements shall submit to the
Control Authority a  report indicating the
nature and concentration of all
pollutants in the Discharge from the
regulated process which are limited by
Pretreatment Standards and
Requirements and the average and
maximum daily flow for these process

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 9454     Federal Register / Vol. 46. No. 18  /  Wednesday. January 28.  1981 / Rules and Regulations
 units in the Industrial User which are
 limited by such Pretreatment Standards
 and Requirements. The report shall state
 whether the applicable Pretreatment
 Standards or Requirements are being
 met on a consistent basis and if not.
 what additional O and M and/or
 pretreatment is necessary to bring the
 Industrial User into compliance with the
 applicable Pretreatment Standards or
 Requirements. This statement shall be
 signed by an authorized representative
 of the Industrial User, as defined in
 paragraph (k) of this section, and
 certified to by a qualified professional
   (e) Periodic reports on continued
 compliance. (1) Any Industrial User
 subject to a categorical Pretreatment
 Standard, after the compliance date of
 such Pretreatment Standard, or. in the
 case of a New Source, after
 commencement of the discharge into the
 POTW. shall submit to the Control
 Authority during the months of June and
 December, unless required more
 frequently in the Pretreatment Standard
 or by the Control Authority or the
 Approval Authority, a report indicating
 the nature and concentration of
 pollutants in the effluent which are
 limited by such categorical Pretreatment
 Standards. In addition, this report  shall
 include a record of measured or
 estimated average and maximum daily
 flows for the reporting period  for the
 Discharge reported in paragraph (b}(4)
 of this section except that the Control
 Authority may require more detailed
 reporting of flows. At the discretion of
 the Control Authority and in
 conaideraton of such factors as local
 high or low flow rates, holidays, budget
 cycles, eta. the Control Authority may
. agree to alter the months during which
 the above reports are to be submitted.
   (2) Where the Control Authority has
 imposed mass limitations on Industrial
 Users as provided for by { 403.6(d). the
 report required by paragraph (e)(l) of
 this section shall indicate the  mass of
 pollutants  regulated by Pretreatment
 Standards in the Discharge  from the
 Industrial User.
   (f) Notice of slug loading. The
 Industrial User shall notify the POTW
 immediately of any slug loading, as
 defined by-f 4034(b)(4). by  the
 Industrial User.
   (g) Monitoring and analysis to
 demonstrate continued compliance. The
 reports required in paragraphs (b)(5).
 (d). and (e) of this section shall contain
 the results of sampling and  analysis of
 ths Discharge, including the flow and
 the nature and concentration, or
 production and mass where requested
 by the Control Authority, of pollutants
 contained  therein which are limited by
 the applicable Pretreatment Standards.
The frequency of monitoring shall be
prescribed in the applicable
Pretreatment Standard. All analyses
shaO be performed in accordance with
procedures established by the
Administrator pursuant to section 304(g)
of the Act and contained in 40 CFR Part
136 and amendments thereto or with any
other test procedures approved by the
Administrator. Sampling shall be
performed in accordance with the
techniques approved by the
Administrator. Where 40 CFR Part 136
does not include sampling or analytical
techniques for the pollutants in question.
or when the Administrator determines
that the Part 136 sampling and analytical
techniques are inappropriate for the
pollutant in question, sampling and
analyses shall be performed using
validated analytical methods or any
other sampling and analytical
procedures, including procedures
suggested by the POTW or other parties.
approved by the Administrator.
  (h) Compliance schedule for POTWs.
The following conditions and reporting
requirements shall apply to the
compliance schedule for development of
an approvable POTW Pretreatment
Program required by J 403.8.
  (1) The schedule shall contain
increments of progress in the form of
dates for the commencement and
completion of major events leading to
the development and implementation of
a POTW Pretreatment Program (e.g..
acquiring required authorities.
developing funding mechanisms.
acquiring equipment):
  (2) No increment referred to in
paragraph (h)(l) of this section shall
exceed nine  months:
  (3) Not later than 14 days following
each date in the schedule and the final
date for compliance, the POTW shall
submit a progress report to the Approval
Authority including, as a minimum.
whether or not it complied with the
increment of progress to be met on such
date and. if not the date on which it
expects to comply with this increment of
progress, the reason for delay, and the
steps taken by the POTW to return to
the schedule established. In no event
shall more than nine months elapse
between such progress reports to the
Approval Authority.
  (i) Initial PQTW report on compliance
with approved-removal allowance. A
POTW which has received authorization
to modify categorical Pretreatment
Standards for pollutants removed by the
POTW in accordance with the
requirements of § 403.7 must submit to
the Approval Authority within 60 days
after the effective date of a Pretreatment
Standard for which authorization to
modify has been approved, a report
which contains the information required
by §§403.7(d)(2). 403.7{d)(5) and
403.7(d)|6). A minimum of one sample
per month during the reporting period is
required.
  (j] Periodic reports by POTW to
demonstrate continued compliance i\;:h
removal allowance. The reports referred
to in paragraph (i)  of this section will be
submitted to the Approval Authority  a:
6-month intervals beginning with the
submission of the initial report referred
to in paragraph (i)  of this section unless
required more frequently by the
Approval Authority.
  (k) Signatory requirements for
industrial user reports. The reports
required by paragraphs (b). (d). and («?)•
of this section must be signed by an
authorized representative of the
Industrial User. An authorized
representative may be:
  (1) A principal executive officer of HI
least the level of vice president, if the
Industrial User submitting the reports
required by paragraphs (b). (d) and (e) of
this section is a corporation.
  (2) A general partner or proprietor if
the Industrial User submitting the report
required by paragraphs (b). (d) and (e) of
this section is a partnership or sole
proprietorship respectively.
  (3) A duly authorized representative
of the individual designated in
subparagraph (1) or (2) of this paragra;
if such representative is responsible for
the overall operation of the facility from
which the Indirect  Discharge originates.
  (I) Signatory requirements for POTIV
reports. Reports submitted to the
Approval Authority by the POTW in
accordance with paragraphs (h), (i) and
(j) of this section must be signed by a
principal executive officer, ranking
elected official or other duly authorized
employee if such employee is
responsible for overall operation of the
POTW.
  (m) Provisions governing fraud ar.ct
false statements. The reports required
by paragraphs (b).  (d). (e). (h). (i) and  !;)
of this section shall be subject to tr.c-
provisions of 18 U.S.C. section lOtn
relating to fraud and false statemer.-.t
and the  provisions of section 309(c)CI of
the Act governing false statements.
representations or  certifications in
reports required under the Act.
  (n) Record-keeping requirement*.
  (1) Any Industrial User and POTU
subject to the reporting requirement?
established in this  section shall
maintain records of all information
resulting from any  monitonng activities
required by this section. Such records
shall include for all samples:
  ii) The date, exact place, method, anc
time of sampling and the names of the
person or persons taking the samples:

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          Federal Register / Vol. 46. No.  18 / Wednesday. January  28. 1981  /  Rules and  Regulations    9455
   (U) The dates analyses were
  erformed:
   (iii) Who performed the analyses:
   (ivj The analytical techniques/
 methods use: and
   (v) The results of such analyses.
   (2) Any Industrial User or POTW
 subject to the reporting requirements
 established in this section shall be
 required to retain for a minimum of 3
 years any records of monitoring
 activities and results (whether or not
 such monitoring activities are required
 by this section) and -hall make such
 records available for inspection and
 copying by the Director and the
 Regional Administrator (and POTW  in
 the case of an Industrial User). This
• period of retention shall be extended
 during the course of any unresolved
 litigation regarding the Industrial User
 or POTW or when requested by. the
 Director or the Regional Administrator.
   (3) Any POTW to which reports are
 submitted by an Industrial User
 pursuant to paragraphs (b).  (d), and (e)
 of this section shall retain such reports
 for a tnininmm  of 3 years and shall make
 such reports available for inspection
 and copying by the Director and the
 Regional Administrator.  This period of
 retention shall be extended during the
 course of any unresolved litigation
 Ygarding the discharge of pollutants by
 ne Industrial User or the operation of
 the POTW Pretreatment Program or
 when requested by the Director or the
 Regional Administrator.

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         4.  SAMPLE BMR FORM AND INSTRUCTIONS  FOR COMPLETING THE FORM

     Following is a sample  form that can be supplied  to industries that must
submit BMRs.  By providing  a standard form, the Control Authority will receive
information from its industrial users in a consistent  format, which facili-
tates review, tracking, recordkeeping,  and preparing  summary reports*  Note
that it is important for  industries to read the accompanying instructions when
completing the form.

     The informational requirements of the sample BMR  form follow the regula-
tory BMR requirements in  40 CFR 403.12.  The Control  Authority may wish to
request additional information concerning the  facility.  Such information
could include a description of hazardous waste disposal practices or the
availability of a spill prevention control and countermeasures plan (SPCC) or
other spill control plan.

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I
                                                  INDUSTRIAL USER BASEUKE NOIITaillK REPOtT

Itrucfions:  Pleas* complete this form In as much detail  as  possible.   Include additional  information on attached sheets as necessary.   Refer :o :.-e
plemental Instructions and return this report to the address shown In the instructions.
     COMPANY INFORMATION

     A.  Legal  Name: 	

         Mailing Address:
                                                                             B.   Facility Name:
                                                                                 Location:
                                                        _Z1p
                                                                                                                                  Z'3
     C.  Name of Owner(s)
                                                                             0.   Name of Operators
     1.  Facility Contact (provide the name,  title and  pnone  numoer  of  a  designated  person  to  contact  1f  additional information  is  necessary. ,'
     F.  Number of Employees
                                                           G.  Num&er of Shifts
                                                                                                       H.  Number  af  <
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                  Unregulated Processes
    Average
Flow Rate (and)
                                                                                             Maximum
                                                                                         Flow Rate  (gpd)
    Type of  Discharge
(batcn.  continuous, none)
         Cooling Hater                                •		    —	
         Sanitary Wastewater                           	    	    	

     C.  Provide on a separate sheet:
         1)  a schematic drawing of flow chart of each regulated process that generates wastewater
         2)  a schematic drawing showing £]_!_ wastewater flows (regulated and unregulated), location of any treatment system,  and  sampling locations.

i.    NATURE AMD"CONCENTRATION OF POLLUTANTS

     A.  Analysis of Regulated Flows
         The Industrial user must perform sampling and analysis of the effluent from all regulated processes  (after treatment,  if applicable).
        .Provide the analytical data for the regulated processes In the space provided below.   Attach  additional  sneets  if necessary.  Only trose
         pollutants specifically regulated by the applicable category need be reported.

         Regulated Process:

mg/1
Maximum
Average
Ag


Cd


CM .A


CN.T


Cr


Cu


N1


Pb


PH


TM


in

•
TTO














         Sample Location: ^^^^_^___^________^________^^^_
         Sample Type (composite samples are required except where not feasible):
         Number of Samples and Frequency Collected: _^_____^^^_^^_____
         Analytical Methods Used:  	
     3.   Analysis of Total Plant Flow (if aopropriate)
         An Industrial User may sample and analyze the total plant flow and calculate an equivalent concentration limit  using  the combined wascestresn
         formula if regulated process flows are mixed with other flows prior to treatment and/or  sampling.  Record the analytical results for all  re-
         gulated pollutants below.   Record the calculated concentration limits as well  as the actual measured concentrations.
mg/1
MEC'
AEC-
AMMC*
AAAC*
A?




Cd




CN.A




CN.T




Cr




Cu




N1




Pb




PH




TM




Zn




Sample Location: '
no

















! •
!
i
i
i
i
!
1

Sample Type:
         Number of Samples and Frequency Collected: ^__^^^^_^^_^__^__^__^^^^_^^_^_
         Analytical Methods Used: 	
         •NEC - Ma> -JK Equivalent Concentration (derived through the combined oastestream formula)
         •AEC - Average Equivalent Concentration (derived through the combined wastestream formula)
         •AMMC - Actual Measured Maximum Concentration
         •AAAC - Actual Measured Average

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HASTEMATER TREATMENT

Briefly describe »ny and »11 wastewater treatment utilized (show treatment system location in relation to process f!o« on  schematic :raw:n3
required by Questions 3.C.)
ENVtRONMEHTAL CONTROL PERMITS

Describe all  environmental  control  permits  held  by or  for the facility:
Describe Title of the Permit

f

Permit Number


i
Issuing Agency



i
l.'3'rjvr- ~>.-.i


.
                                                                                                            NO
COMPLIANCE CERTIFICATE

A.  Is the facf'lity meeting applicable categorical  aretreatment  standards on  a consistent Oasis?   YES

9.  If no, do you require:

    1) additional operation and maintenance  (04M)  to  achieve compliance?  YES _  NO _
    2) new or additional pretreatrnent facilities  to achieve compliance?  YES  _  NO _

C.  If additional OSM or new or additional pretreatment will be  required to ?:eet categorical aretreafsent standaros  3n  i  :.;r.s- ^snt sasis.
    attach a schedule on a  seoarate sheet projecting  increments  of  progress  indicating dates for  the commencement  ins  ;cmp!e::;n of ia;or
    events leasing to compliance with :he stanaard.   Note:  the  final  compliance date in this  schedule snail net ;e  'its' fan  :"» ::n-
    oliance date for the applicable aretreatment  standard,  written progress  reports are reouirgd  within 14 days of  eac-  :-~ :-e .::-pi-5«ca
    fates specified in the  compliance sc-ecule.

SMSATORY ^
I certify under penalty of law that  I  lave  personally examined and am  faniliar with  the inf:~-ation  in :iis aoolicsvon  tr.z  i'.'  ittic — s
and that, based on my inquiry of those persons  immediately  responsible  for obtaining the 1n-:r-iation contained in  ;»e its'. • Z3~- -n .  '. :°'.
tr;at the information is true, accurate and  ::mplete.  I am  aware  that  there are  significant penalties for admitting -'ilss  •-•: — •-< :-.
including tne possibility of fine ana
                  NAME • AUTHORIZED REPRESENTATIVE
                           OFFICIAL  TITLE

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                                             INSTRUCTIONS
                              INDUSTRIAL USER BASELINE MONITORING REPORT

GENERAL  INSTRUCTIONS

     Please  complete  the attached form and return tt by	 to the following address:
If you have  any  questions,  please contact Che following person(s):
SPECIFIC  INSTRUCTIONS

Item  1.   A.-H.   Provide all requested information  about  the facility producing the discharge of
          wastewaters.
Item  2.   A.-B.   Provide a listing of all primary raw  materials and chemicals used in the facility's
          operations.   Avoid use of trade names of  chemicals.  If trade names are used,  provide
          information regarding the active  ingredients.        C.  Self-explanatory
          0.   List  each regulated process,  the production race (i.e., 10,000 Ibs. of (product name)/
          year),  the category and subpart of  Che applicable Categorical Pretreatmenc Standard as  well
          as  the  SIC code for each process.
Item  3.   A.   Provide the total plant flow  rate (average  and maximum) to the sanitary sewer in
          gallons per day (gpd).  If accurate flow  measurements are unavailable, provide Che best
          estimate.
          B.   Provide a breakdown of the sources of the total plant flow co the sanitary sewer
          including regulated and unregulated flows, sanitary vastewacer, cooling water, etc.  Also
          Indicate  the  flow rate (gpd) and  the type of discharge (batch, continuous or none).
          C.   In  order  to provide the reviewing agency a  complete understanding of the facility's
          processes, location of precreatment facilities  and sampling points, the discharger is
          required  co submit a schematic of each process  and a schematic of wastewacer flows,  "low
          rates may be  estimated.  Refer Co Figures I  and 2 for example schematics.  Be sure co
          indicate  on the flow or process schematic where samples are taken.
          0.   Self-explanatory
Item  6.   A.   The facility must sample, analyze and report the concentration of all regulated
          poll..ants for the regulated processes.   If  the flow of the was test re am being sampled is
          less than or  equal to 250,000 gallons per day,  at lease chree samples within a two-week
          period  must be collected and analyzed.  If the  flow is greacer Chan 250,000 gallons oer
          day, at least six samples must be collected  and analyzed within a two week period.  In  any
          case, all samples must be representative  of  normal operations and be of sufficient number
          to allow comparison with the applicable Categorical Pretreataent Standard.  Samples should
          be collected immediately after the  regulated process  (after treatment, if applicable)
          before  being combined with other  wastestreams.   Type  of sample (i.e.,  grab, composite),
          sample  location, number of samples  and methods  of analysis should be adequately described.
          If analytical data is provided for  more  Chan one sampling  point.  Identify the location of
          all sampling points in the schematic diagram required  in question 3.C  above.
          B.  If  the facility is unable  to  sample  the  wascevater  from Che  regulated processes before
          being mixed with other wastewacer flows,  the facility may  sample  the  total plant  flow and
          calculate an equivalent concentration  Halt  using Che  combined wascescream formula.  These
          results may be  shown  in Part 48.   Figure  3 provides  information  on  the use of the  combined
          wascescream formula.
         6, 7,8  and 9 -  Self-explanatory
        . This report must be signed by  an  authorized  representative, which may  Include a principal
          executive officer of  at  least  the level  of vice president; a  general  partner  or proprietor;
          or a duly authorized  representative that  is  responsible  for the  overall operation  of the
          facility.

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           EXAMPLE 1 - EXAMPLE SCICHATIC OF A REGULATED PROCESS


















ALKALINE
CLEAH
1


1
ACID
oir
1


1
CYAHIDt
corn* mm
1


1
ACIO
oir
1
ACID
corrw
1


1
• ICHL MJtTt
I


I
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NOTE:  U mass-based standards  (as opposed  to concentration-based) are
       used according to agreements  set up  with  the control authority
       or specified in the categorical pretreatment standard, the pro-
       duction rate in units  specified by the standard should be in-
       d      ' in the schematic  above.
              EXAMPLE 2 -  EXAMPLE MASTEUATER FLOW SCHEMATIC
                                                                                         Cadmium plating
                                                                                     (regulated process)

                                                                                            Phosphating •
                                                                                     (regulated process)
                                                                                                              Vc
                                            Vz
                                                       Zinc  plating
                                                       (regulated process)
                                                                                                               Treatment  System
                                                                                          Cooling water-
                                                                                                             VCM
                                                                                                                        Vts
                                                                                                                            Vo
                                                                                                                            Vs
                                                      > Other manufacturing
                                                       process wastewaters

                                                       Saaltary wastes
                                                                                                                        Vt
                                                                                                                    SEWER
Where:  Vx " Flowrates, Sx - Sampling Locations

TOTAL PLANT FLOW (Vt) - Vts + Vcw *  Vo +  Vs   (Vts  =  Vc  + Vp + Vz)

REPRESENTATIVE SAMPLING  In this  example:
  a.  If regulated lines are treated only, samples should be taken after
      treatment, but prior to mixing with other wastewaters at point*
      S,.
  B.  If samples cannot be taken  at  S]  and other wastewaters are mixed
      with the regulatded wastestreams, then  S2 could be used as a
      sampling point.  However, an alternative  equivalent concentration
      limit would have to be calculated using the  combined wastestream
      formula as shown In Figure  3.

NOTE;  For purposes of the baseline  monitoring  report,  estimates of
       total plant flw can be obtained from  the facility's water meter.

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                                                       FIGURE 3
(                                   APPLICATION OF THE COMBINED WASTESTREAM FORMULA

              Industrial users (lUs) frequently have several production lines Chat produce different wasce-
        s creams.   Some of the was teat reams may be regulated by one categorical pretreatment  standard, while
        others  are regulated by a different categorical standard or not regulated at all. The  IU  may com-
        bine  all  the process vastestreams and treat them in a single vastewater treatment facility.
              The  combined wastestrean formula (CWF), described in Section 403.6(e) of Che General  Pretreat-
        ment  Regulations, is a mechanism for adjusting the effluent Units (concentration or mass) In cate-
        gorical pretreataent standards for use when a regulated process wastestream is combined, prior to
        treatment and sampling, with another process wastestream (either regulated or unregulated), result-
        ing in  a  mixed effluent from the treatment facility.  The CWF should only be used in Instances where
        sampling  cannot take place at the end of a regulated process (after treatment) and before mixing
        with  other was tea creams.  The CWF is applied to the mixed effluent to account for the presence of
        the additional flow not contributed by the regulated process wtstescreara.   The combined wascescream
        formulas  for concentration and mass limits, along with example applications of each, are provided.
        Definitions
        Regulated Process Wastestream - An industrial process wastestreaa regulated by a  national Categori-
        cal Pretreatment Standard.
        Unregulated Process Wastestream - An Industrial process,wastescream that is not regulated by a
        Categorical Standard.
        Dilute  Wastestream - Boiler blowdown, sanitary wastewater, noneontact cooling water  or  blowdown, and
        Paragraph 8 excluded wastestreams containing none of the regulated pollutant or only a  trace amount
        of it.
        Note:   Definitions apply to individual pollutants.  A wastestreaa from a process  may be "regulated"
        for one pollutant and "unregulated" for another pollutant.

        COMBINED  WASTESTREAM FORMULAS
        Alternative Concentration Limit Formula;
C   • alternative  concentration limit for the pollutant
C   • Categorical  Pretreatment Standard concentration limit for .the pollutanc In regulated stream t
F*'  • average daily  flow  (at  least 3O day average) of regulated stream i
F.  • average daily  flow  (at  least 30 day average) of dilute wastestream(s)
F   • average daily  flow  (at  least 3O day average) through the combined treatment facility
      (Including regulated, unregulated and dilute wastestreams)
N   • total number of  regulated streams

Alternative Mass Limit Formula

                   X   /  F  -  F,
        M   -   /*    M\
         t     ^1     ij
                            N    F
                           A    '
        M    -  alternative mass limit for the pollutant
        \fL~   •  Categorical Pretreatment Standard mass limit for the pollutant In regulated  scream 1 (the
               categorical pretreatment mass Halt multiplied by Che appropriate measure  of production)
        F    »  average daily flow (at least 3O day average) of regulated stream 1
        F    •  average daily flow (at least 30 day average) of dilute wastestream(s)
        F    •  average daily flow (at least 30 day average) through the combined creacaenc  faclllcy
               (Including regulated, unregulated and dilute wastestreams)
        M    •  total number of regulated streams

-------
   Examole Calculation of an Alternative Concentration Limit for a Pollutant
Average Daily Categorical Standard
Plow (1 /day) for Pollutant (m«/l)
Wastestn
(ReguU
Wastcscri
(Other
tfastestn
(Oiluti
tarn I
ited)
saa II
Regulated)
iaa III
i)
Vaatestreaa I
(Regulated)
1000 I/day
1 	
1,000
1 .000
1. 000
Was test ream II
(Other Regulated)
1000 I/day
I -
2.0
3.0
Waatestreaa III
(Dilute)
1000 I/day
'
If the IU combines wastestreaa I, II and III:

       (2.0 mg/1 x 1.000 I/day) + (3.0 mg/1 x 1.000.I/day)       3.000 1/dav - I.OOP 1/dav
ct                        2.000 I/day                        x          3,000 I/day

Cc - 2.5 mg/1 x .66

C£ - 1.65 ng/1

     The alternative concentration limit (C ) is to be uaed when determining compliance with an
applicable pretreataent standard and completing the BMR form.
                  Example Calculation of an Alternative Mass Limit for g Pollutant
Average Daily Categorical Standard for
Flow (I/day) Pollutant (ag/sq m operation
Waatestr
(Regul
Uastestr
(Other
Wastestr
(Dilut
earn I
ated)
earn II
Regulated)
earn III
e)
Uastestream I
(Regulated)
1000 I/day
i
1,000
1,000
1. 000

Waatestreaa II
(Other Regulated)
1000 I/day
	 1 	
100
ISO

tfastestream III
(Dilute)
1000 I/day
*
                                                                                  Production Rate
                                                                                (sq m ooeration/dav)

                                                                                         500

                                                                                         500
If the IU combines wastes cream I, II and III:


Mt -  (100 «g/s, m X 500 sq m/d) > (ISO «g/,q m X 500 sq m/d)  X


MC - 125,000 mg/d X 1

M  - 125 g/d
                                                                  3'°Q°
     The alternative concentration limit (M ) is to be used when determining compliance with  an
applicable pretreatment standard and completing the BMR form.
     For more information concerning the combined wastestream formula, contact the EPA Regional
office. State, or local POTW.

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                   5.  BMR REVIEW CHECKLIST AND SUMMARY FORM

     This section contains a BMR review checklist that Is keyed to the sample
BMR form In Section 4.  It also provides two example  forms for use in tracking
BMR information as it is received from industries.

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Company Ni
BASELINE MONITORING REPORT R2VIEH CHECKLIST



                   Reviewer:	
                                                                                       Date:
BMK REQUIREMENT
1. COMPANY INTORXATIOH
•. Adequate Information on company
name, location, milling address,
name of owner and operator, facility
contact?
b. Does the report Identify the POTW
receiving wastes from the facility?
(If not applicable, consent on where
veetewater it discharged)
2. NATURE OF OPERATION
a. Adequate Information to evaluate raw
Materials, chemicals, processes and
products?
b. Are regulated processes adequately
defined?
3. WASTEWATER PLOWS
a. Adequate intonation on total flow
rate as well as individual process
flow rates and type of discharge?
b. Are schematic diagraas provided of
the facility's wastewater flows and
regulated process(es)?
4. NATURE AND CONCENTRATION OF POLLUTANTS
a. Are analytical results provided for
all regulated pollutants?
b. Is sampling data information pro-
vided in sufficient detail (number,
type, and frequency of samples,
analytical methods)?
c. Is it sufficiently clear where
samples were taken?
d. If total flow was sampled, was the
combined wastestream formula used
properly based on available Informa-
tion?
e. Was a sufficient number of samples
taken?
5. WASTEWATER TREATMENT
a. Are existing wastewater treatment
practices adequately described?
6. ENVIRONMENTAL PERMITS
a. Are environmental control permits
adequately identified. If appli-
cable?
7. COMPLIANCE CERTIFICATION
a. Does the report indicate whether or
not the facility is consistently
meeting the standards?
b. Has the facility Indicated whether
or not additional O&M or new or
additional treetment is required?
c. Has the facility submitted an
adequate compliance schedule?
8. SIGNATORY REQUIREMENT
a. Is the report signed and dated by an
appropriate representative?
YES
























































NO














,









































S/A
























































coKMzyrrs

























































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    EXAMPLE  1



BMR SUMMARY FORM
COMPANY NAME/
LOCATION

BHR SUBMITTED
(IF YES,
DATE)

SUBJECT TO
REGULATION (IF
YES, INDICATE
STANDARD IN
COMMENTS)

EXISTING PRETREAT-
HENT (IF YES,
INDICATE TYPE IN
COMMENTS)

COMPLIANCE SCHE-
DULE SUBMITTED
(IF YES,
DATE)

PROGRESS
REPORTS SUB-
MITTED (IF
YES, DATE)

FINAL COM-
PLIANCE
ACHIEVED (IF
YES, DATE)

COMMENTS


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                                                                         EXAMPLE  2

                                            BASELINE  MONITORING  REPORT  SUMMARY  FOR THE
  Conpany Name
  •nd  Location
(Receiving POTU|
  Date
  BMR
Submitted
Avg. and
Max. Reg.
Procesa
  Flow
 (GPD)
Applicable
Regulation
   and
Coup)lance
   Date
Facility  Compliance
  •Type      Status
(JS. PC.  Stated Eva).
C(I/NI)'  (V/N)  (Y/N)
Compliance
 Schedule
Submitted
  (Show
Significant
  Dates)
fronreaa
 Reporta
Submitted
 
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                            6.  NOTIFICATION LETTERS

     In this section is a  sample  notification letter  that can be sent to
industrial users in each category that are required to  submit BMRs.  The
letter should be tailored  for  each category, 'using the data  in the appropriate
summary to fill in the brackets in the letter.   An example  of a notification
letter for the Electroplating  Category is also provided.  The notification
letters should be accompanied  by  the appropriate categorical pretreatment
summary given in the appendices.   The summaries contain important dates,
regulated pollutants, SIC  codes,  subcategories, and numerical pollutant limits
in the relevant categorical pretreatment standard.

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                            BMR  NOTIFICATION LETTER
Dear [Name of Company Representative]:

     [Control Authority] has  reason to  believe that  your  firm discharges
process wastewater  to a publicly owned  sewage treatment works.   If so, you may
be required to comply with  Federal and  local industrial wastewater pretreat-
ment regulations.

     The regulations that may apply to  your firm are part of the National
Pretreatment Program, which was  prescribed by Congress in the Clean Water Act
of 1977.  The U.S.  Environmental Protection Agency (EPA)  promulgated the
General Pretreatment Regulations (40 CFR Part 403) on June 26,  1978, and sub-
sequently amended them on January 28,  1981.  The purpose  of the  program is to
control toxic and incompatible pollutants discharged to sanitary sewer systems
by non-domestic users of the  systems.   These pollutants can cause adverse
effects on human health and the  environment by interfering with  sewage treat-
ment plant processes, contaminating sewage sludge, or passing through the
treatment plant untreated into receiving waters.  As part of the pretreatment
program, EPA also has established or will establish National Categorical
Pretreatment Standards for  25 industry  categories.  These standards limit the
quantity or concentration of  some or all of the 126 toxic pollutants that
these 25 categories may discharge to sanitary sewer systems.  Industries in
these categories that discharge  to a sewage treatment system are required to
comply with applicable categorical standards as well as with the General
Pretreatment Regulations and  local pretreatment standards.

     On  [Promulgation Date],  EPA promulgated categorical  standards for the
[Industrial Category]  (40 CFR Part [Citation Number (3 digits)]).  The stan-
dards became effective on  [Effective Date].  Attachment A provides information
that can help you determine whether your firm must comply with  the [Industrial
Category] standards.   It also lists important dates, regulated  processes and

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pollutants, and discharge limits for regulated pollutants.  For further infor-
mation or if you have any questions, please contact [Control Authority].

     As the first step in complying with categorical standards, firms dis-
charging to a sewage treatment system that are also engaged in [Industrial
Category] are required by Part 403.12 of the General Pretreatment Regulations
to submit a Baseline Monitoring Report to [Control Authority] by [BMR Due
Date].  This report must contain the information required by 40 CFR 403.12(b)
(1-7).  I have enclosed a Baseline Monitoring Report form with this letter
                                            i
(Attachment B).  Instructions for completing the report are attached to the
form.

     If your firm does not engage in any [Industry Category] operations,
please provide the information required by Items 1 and 2 on the report form
and return it to [Control Authority] within 15 days after you receive this
letter.

     Thank you for your cooperation.

                                       Sincerely,

                                       [Control Authority Representative]

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                          EXAMPLE  NOTIFICATION LETTER
                             ELECTROPLATING CATEGORY
John Orion
Omega Platers
101 Main Street
Adam City, MA  01010
Dear Mr. John Orion:
     Adam City Sanitary Commission has reason to believe  that your firm
discharges process wastewater to a publicly owned sewage  treatment works.  If
so, you may be required to  comply with Federal and local  industrial wastewater
pretreatment regulations.

     The regulations  that may apply to your firm are part of the National
Pretreatment Program,  which was prescribed by Congress in the Clean Water Act
of  1977.  The U.S. Environmental Protection Agency (EPA)  promulgated the
General Pretreatment  Regulations (40 CFR Part 403) on June 26,  1978, and sub-
sequently amended  them on January 28, 1981.  The purpose  of the program is to
control toxic and  incompatible pollutants discharged to sanitary sewer systems
by  non-domestic  users  of the systems.  These pollutants can cause adverse
effects on human health and the environment by interfering with sewage treat-
ment plant processes,  contaminating sewage sludge, or passing through the
treatment plant  untreated into receiving waters.  As part of the pretreatment
program, EPA also  has  established or will establish National Categorical
Pretreatment Standards for  25 industry categories.  These standards limit the
quantity or concentration of some or all of the 126 toxic pollutants that
these 25 categories may discharge to sanitary sewer systems.  Industries in
these categories that  discharge to a sewage treatment system are required to
comply with applicable categorical standards as well as with the General
Pretreatment Regulations and local pretreatment standards.

     On January  28,  1981, EPA promulgated categorical standards for the
Electroplating  industrial  category (40 CFR Part 413).  The standards became
effective on March 30, 1981.  Attachment A provides information that can help

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you determine whether your firm must comply with the Electroplating standards.
It also lists important dates, regulated processes and pollutants, and dis-
charge limits for regulated pollutants.  For further information or if you
have any questions, please contact Harvey Goddard of my staff at 897-8987.

     As the first step in complying with categorical standards, firms dis-
charging to a sewage treatment system that are also engaged in Electroplating
are required by Part 403.12 of the General Pretreatment Regulations to submit
Baseline Monitoring Reports to the Adam City Sanitary Commission.  The due
dates for these reports were September 26, 1981, for non-integrated facili-
ties, and June 25, 1983 for integrated facilities.  The reports must contain
the information required by 40 CFR 403.12(b) (1-7).  I have enclosed a
Baseline Monitoring Report form with this letter (Attachment B).  Instructions
for completing the report are provided on the form.  Because the due date has
passed, please submit your report within 30 days after you receive this
letter.

     If your firm does not engage in any Electroplating operations, please
provide the information required by Items 1 and 2 on the report form and
return it to this office within 15 days.

     Thank you for your cooperation.

                                       Sincerely,
                                       Ray Topper
                                       Pretreatment Unit Chief
                                       Adam City Sanitary Commission

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                           7.  SAMPLE  CORRESPONDENCE

     This section provides sample  letters  that  a Control Authority may use in
corresponding with industrial users  about  BMRs.  Included are letters for non-
respondents, companies that submit adequate  BMRs, and companies that submit
inadequate BMRs.

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                     FOLLOW-UP LETTER FOR NON-RESPONDENTS
Name of Company Representative
Company Name
Mailing Address
Dear [Name of Company Representative]:
     On  [date that BMR  letter  and  report form were sent  to  the company],
[Control Authority] sent  [Name of  Company] a letter explaining the Baseline
Monitoring Report  (BMR) requirements  that the company must  fulfill under the
Pretreatment Regulations  established  by the Environmental Protection Agency.
Attached to that letter were a summary of the standards  for the  [Name of
Industry] category to which [Name  of  Company] may be subject and a BMR  form,
which you were  to  complete  and return to this office by  [date that BMR  was
due, 30  days after the  company received the letter].  Our records indicate
that [Name of Company]  has  not submitted its report.

     We  have enclosed another  copy of the summary of the standard and the
report form with this letter.   Please submit the completed  form  to this
office within  15 days.  Note  that  your failure to comply with this reporting
requirement may result  in enforcement action against [Name  of Company]  by
[Control Authority].

     If  you have any questions, please contact [Control  Authority] at  [tele-
phone number]  immediately.  Your prompt attention to this matter is necessary.

                                           Sincerely,
                                           [Control Authority Representative]

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                              LETTER TO COMPANIES
                           SUBMITTING ADEQUATE BMRS
Name of Company Representative
Company Name
Mailing Address
Dear [Name of Company Representative]:
     [Control Authority] has reviewed [Name of Company]'s Baseline Monitoring
Report (BMR) for completeness and accuracy.  Based on the Information re-
ceived, we consider the report complete.  However, If for any reason there Is
an Increase In the volume of wastewater or any pollutant that your company
discharges, [Name of Company] must submit a new Baseline Monitoring Report to
this office. You should also note that progress reports are required for each
event in your compliance schedule.  These reports must be submitted to this
office no later than 14 days following the scheduled date of the event.
[These last two sentences apply to Industrial users submitting BMRs with
compliance schedules.]

     Please be aware that within 90 days following the date for final compli-
ance with the applicable Categorical Pretreatment Standard [or indicate date
report is due], you must submit a report to  [Control Authority] containing the
following items:

     •  Nature and concentration of all regulated pollutants In the discharge
        from each of the regulated processes
     •  Average and maximum daily flow rates for these processes
     •  Statement signed by an authorized representative and certified by a
        qualified professional specifying whether the applicable Pretreatment
        Standards are being met on a consistent basis and, if not, what
        additional O&M  and/or pretreatment is necessary to bring the Indus-
        trial user into compliance with the  standards.

-------
     Further, periodic reports on your  compliance status must be submitted to
this office during the months of June and December.  A detailed description of
these reporting requirements is given in 40 CFR  403.12.

     Your cooperation is appreciated.   We look forward to your continued
effort in controlling water pollution.

                                          Sincerely,
                                           [Control Authority Representative]

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                              LETTER TO COMPANIES
                          SUBMITTING INADEQUATE BMRS
Name of Company Representative
Company Name
Mailing Address
Dear [Name of Company Representative]:
     This letter is to inform you that  [Name of Company] *s Baseline Monitoring
Report (BMR) has been received by [Control Authority]. Upon review, the BMR
has been determined to be Inadequate*  Refer to the attached checklist for the
additional information that is required.  This information is needed to assess
whether [Name of Company] is in compliance with applicable pretreatment
standards [40 CFR A03.12(b)].

     You must submit this additional information within thirty (30) days of
receipt of this letter.  If you have any questions, contact [Control Author-
ity].

                                          Sincerely,
                                          [Control Authority Representative]

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                  Attachment 6.3

      Example Industrial Permit Application
•  Tacoma, Washington
•  Unified Sewerage Agency of Washington County, Oregon
•  Completed Model Application

-------
                                           CITY OF TACOMA
                         INDUSTRIAL  PRETREATMEMT PERMIT APPLICATION


NOTE TO SIGNING OFFICIAL: Make sure all blanks in Sections I through III are completed. Information must be
typewritten or clearly printed. Attach additional sheets keyed to section and item number if needed to provide
complete information. Signing official must have authorization to provide such information on behalf of the
company, corporation or partnership. Please complete a survey form for each facility that discharges to the City
sanitary sewer system. Additional copies of this form are available from the Tacoma Sewer Utility, telephone (206)
591-5588.

SECTION I — GENERAL INFORMATION

A.  INDUSTRIAL USER—GENERAL

    1. Company name 	.	
    2. Division name (if applicable)
    3. Mailing address:
      a.  Street or P.O. Box    •
      b. City, state, and zip code.

   4. Facility address:

      a. Street address	
      b.  City, state, and zip code.
   5. Name, title, and telephone number of signing official
      a.  Name	

      b.  Title  	i	
      c. Telephone number	;	
B. CONFIDENTIALITY

   Please indicate those sections of this questionnaire that you wish to remain confidential and your basis for
   requiring confidentiality.
    I have personally examined and am familiar with the information submitted in this document and attachments.
    Based upon my inquiry of those individuals immediately responsible for obtaining the information reported
    herein, I believe that the submitted information is true, accurate and complete. I am aware that there are
    significant penalties for submitting false information, including the possibility of fine and/or imprisonment.
PWK 5237 0001 (02/83)
                                          Date                       Signature of Official
                                                                      (Seal if Applicable)
                                                  -1-

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SECTION II — WATER/WASTEWATER DATA

A. WATER SOURCES
   1. Municipal system                     	
   2. Recycled                            	
   3. Private wells                         	
   4. Other (specify) 	  	
                         Average Volume
                         (gallons per-day)  .
                                 TOTAL

B. WATER USAGE
   1. Cooling water
   2. Boiler makeup
   3. Process water
   4. Sanitary purposes (5200 gal/emp/yr)
   5. Other (specify)	'
   6. Other (specify) 	
                         Average Volume
                        (gallons per day)
                                 TOTAL
C. WATER DISCHARGE/LOSS
   1. Municipal sewer/sanitary
      a. Process
      b. Sanitary
      c. Cooling
   2. Natural receiving water/storm drain
   3. Waste hauler
   4. Evaporation
   5. Contained in product
   6. Recycled
   7. Other (specify) 	,	
                       Average Discharge
                        (gallons per day)
                         Peak Flow/Est'd. Duration
                         (gallons per minute/time)
                         Peak Flow/Est'd. Duration
                         (gallons per minute/time)
                       Peak Discharge/Est'd. Duration
                         (gallons per minute/time)
                                 TOTAL   	  	
D. DO YOU HAVE A NPDES PERMIT FOR A SURFACE WATER DISCHARGE?  D YES  D NO
                                                                     PERMIT NO. _
E.  LIST PLANT SEWER OUTLETS, SIZE AND FLOW (assign sequential reference number to each sewer starting
   with No. 1):
    Reference No.
Sewer Size
 (inches)
 Descriptive location of sewer
connection or discharge point
Avg. flow
 (GPD)
                                               -2-

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F.  SCHEMATIC PROCESS DIAGRAM

   Attach a schematic process diagram of your facility showing locations of sewers referenced in Section E
  • above and the location of the SIC processes listed in Section III - B. Show locations of possible sampling
   points for sewers and SIC process effluents. For reference and field orientation, include a North arrow and
   show location of buildings, streets, alleys, and other pertinent physical structures.

G. DO YOU HAVE AUTOMATIC SAMPLING EQUIPMENT OR CONTINUOUS WASTEWATER FLOW METERING
   EQUIPMENT CURRENTLY IN USE OR INCLUDED IN FUTURE PLANS?

               Current:   Flow Metering  D Yes D No        Sampling Equipment  D Yes D No

               Planned:  Flow Metering   D Yes D No        Sampling Equipment  QYesDNo

   If so, please indicate the present or future location of this equipment on the sewer schematic and describe the
   equipment below:
H. DOES YOUR FACILITY PRETREAT ANY WASTEWATER PRIOR TO DISCHARGE TO A SANITARY SEWER?

            D Yes Q No

   If so. please show locations of pretreatment processes on attached schematic process diagram and describe
   below:	
I.  DO YOU HAVE A SPILL PREVENTION. CONTAINMENT AND CONTROL PLAN (SPCC) FOR YOUR PLANT?

            D Yes D No

J.  DO YOU DISPOSE OF ANY CHEMICALS. SOLVENTS. SLUDGES. OR HAZARDOUS MATERIALS TO
   LOCATIONS OTHER THAN MUNICIPAL SEWERS OR SURFACE WATERS? (Example: landfill, hazardous
   waste site, or chemical recyclers)

            D Yes D No

   If so. provide a description of each material, giving the composition, solids content, annual quantity, means of
   disposal, and ultimate disposal location: 	
                                               -3-

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SECTION III — PLANT/PROCESS DATA
A.- PLANT OPERATIONAL CHARACTERISTICS
                                                              Average            Seasonal Peak
   1. Number of shifts per work'day:                         _^	  	
   2. Number of work days per week:                        	  	
   3. Employees per shift:          Shift start times:
      1st  	:	  	a.m./p.m.
      2nd  	  	a.m./p.m.
      3rd  	'        	a.m./p.m.
     Total  	  	a.m./p.m.
   4. ARE MAJOR PROCESSES BATCH OR CONTINUOUS? 	
      AVERAGE NUMBER OF BATCHES PER 24 HOUR DAY; 	
   5. ARE YOUR PROCESSES SUBJECT TO SEASONAL VARIATION?
      If so, explain below, indicating month(s) of peak operation and products:
B.  PRODUCT(S) OR SERVICE(S)
    List all products manufactured or services provided by your facility, along with the corresponding SIC
    (Standard Industrial Classification) code. If you don't know what your SIC code is, you may find out from the
    City of Tacoma Sewer Utility by calling (206) 591-5588.
                                         4-digit                                            4-digit
             Product or service            SIC code            Product or service             SIC code
   1.	.	  	   6.
   2. 	  	   7.
   3	   8.
   4.    •     	  	   9.
   5		  10.
C. DESCRIPTION OF PRODUCTION OR SERVICE PROCESSES
   Provide a separate description of the individual processes used in your facility that result in a wastewater
   discharge to a sanitary sewer: 	
                                               -4-

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   RAW MATERIALS — LIST ALL PRINCIPAL MATERIALS (cleaning agents, solvents, plating solutions.
   catalysts, process chemicals, etc.) that are regularly used in your facility and that might be present in your
   wastewater discharge to a sanitary sewer, including accidental spills.
                                                Annual use
                   Generic type                   amount      Principal chemical constituents (if known)
     Example:    Degreaser	    53 ga/.       Trychloroethylene	
E.  QUESTIONS. REMARKS. COMMENTS:
                                                 -5-

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F.  PRIORITY POLLUTANT INFORMATION

   1.  Please indicate by placing an "X" in the appropriate box by each listed chemical whether it is Suspected to
      be Absent, Known to be Absent, Suspected to be Present, or Known to be Present in your manufacturing or
      service activity or generated as a byproduct. Some compounds are known by other names. Please refer to
      Attachment A for those compounds which have an asterisk (°).
ITEM
NO.
1.
2.
3.

4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34
35.
36
37.
38.
39.
40.
41.
42
43.
44.
45.
46.
CHEMICAL COMPOUND
ammonia
asbestos (fibrous)
cyanide (total)

antimony (total)
arsenic (total)
beryllium (total)
cadmium (total)
chromium (total)
copper (total)
lead (total)
mercury (total)
nicttsl (total)
selenium (total)
silver (total)
thallium (total)
zinc (total)

acenaphthene
acensphthyleno
acrolein
ucrylonitrile
aldrin
anthracene
benzene
benzidine
benzo(8)onthracene°
benzo(a)pyrene°
benzo(b)fluoranthene
benzo(g.h,i)perylene°
benzol h)l luoronthene°
a-BHC (alpha)
b-BHC (beta)
d-BHC (delta)
g-BHC° (gamma)
bis(2-chloroethyl)ether°
bis(2-chloroethony)methane°
bis(2-chloroisopropyl)ether°
bis(chloromettiyl)ether°
bis(2-ethylheuyl)phthalate°
bromodichloromethane0
bromoform"
bromomethana"
4-bromophenylphenyl other
butylbenzyl phthalate
carbon tetrachloride°
chlordane
4-chloro-3-methylphonol°
SUSPECTED 1
ABSENT 1
















































KNOWN
ABSENT
















































SUSPECTED
PRESENT

























KNOWN
PRESENT














ITEM
NO.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
161.
62.
63.
64.
I 65.






1
1









































66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
H 93.
CHEMICAL COMPOUND
chiorobenzene
chioroethane0
2-chloroethylvinyl ether
chloroform0
chloromGthano0
2-chloronQphthalene
2-chlorophenol°
4-chlorophenylphenyl ether
chrysene0
4.4--DDD0
4.4'-DDE°
4.4--DDT0
dibenzo(a.h)anthracene°
dibromochloromethans"
1 ,2-dichlorobenzan8°
t .S-dichlorobsnzans"
1 .4-dichlorobenzena"
3.3'-dichlorobenzidine
dichtorodifluoromethane"
i,l-dichloroethane°
1 .2-dichloroethana°
1 .1-dichlorosthsne"
trans-1 ,2-dichloroathene°
2,C-dichlorophenol
1 ,2-dichloropropana°
(cis & trans) 1.3-dichlo-
ropropona0
dieldrin
diathyl phthalate0
2,4-dimethylphenol°
dimethyl phthalate
di-n-butvl phthalate
di-n-octyl phthalate0
4.6-dinitro-2-mefhylphenol°
2,4-dinitrophenol
2.4-dinitrotoluene
2,6-dinifrotoulene
1 ,2-diphenylhydrazine°
endosulfan I"
endosulfan II"
endosulfan sulfate
endrin
endnn aldehyde
ethylbenzene
fluoranthene
fluorene"
heptachlor
heptachlor eponida
SUSPECTED
ABSENT















































KNOWN
ABSENT















































SUSPECTED
PRESENT















































KNOWN
PRESENT















































                                                -6-

-------
ITEM
NO.
94
95
96

97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.

CHEMICAL COMPOUND
hexachloroberuene*
hexachlorobutadiene
hexachlorocyclopentadiena*

hexachloroethane*
indeno(1.2.3-cd)pyrene*
isophorone*
methylene chloride*
naphthalene
nitrobenzene
2-nitrophenol*
4-nitrophenol*
n-nitrosodimethylamine*
n-nitrosodipropylamine*
n-nitrosodiphenylamine*
PCB-1016*
PCB-1221*
PCB-1232*
PCB-1242*

SUSPECTED
ABSENT




















KNOWN
ABSENT




















SUSPECTED
PRESENT




















KNOWN
PRESENT




















ITEM
NO.
112.
113.
114.
115.
116.
117.
118.
119.

120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
CHEMICAL COMPOUND
PCB-1248*
PCB-1254*
PCB-1260*
pentachlorophenol
phenanthrene
phenol
pyrene
2.3,7.8-tetrachlorodi-
benzo-p-dioxin*
1 .1 ,2.2-tetrachloroethane*
tetrachloroethene*
toluene*
toxaphene
1 .2.4-trichlorobenzene
1.1.1-trichloroethane*
1 .1,2-trichloroethane*
trichloroethene*
trichlorofluoromethane*
2.4.6-trichlorophenol
vinyl chloride*
SUSPECTED
ABSENT




















KNOWN
ABSENT




















SUSPECTED
PRESENT




















KNOWN
PRESENT




















2.  For chemical compounds in E-1 above which are indicated to be "Known Present," please list and provide
   the following data for each: (attach additional sheets if needed)
ITEM
NO.























CHEMICAL COMPOUND























(ri
§§
\\
u>























ESTIMATED
LOSS TO
SEWER
LBS./YR.























ITEM
NO.























CHEMICAL COMPOUND























ANNUAL
USAGE (LBS.)























ESTIMATED
LOSS TO
SEWER
LBS/YR.























                                               -7-

-------
                         ATTACHMENT A - PRIORITY POLLUTANT SYNONYM LISTING
00
   CHEMICAL COMPOUND

benzo(a)anlhfacene

benzo(a)pyrene
ben7o(g.h.i)perylene
benzo(k)lluoranthene
g-BHC(gamma)
bis(2-chloroelhyl)elher
bts(2-chloroelhoxy)melhane
bls(2-chloroisopropyl)elher
bis(chloromethyl)ether
bis(2-ethylhexyl)phlhalate
bromodichloromethane
bromoform
bromomelhane
carbon lelrachloride
4-chloro-3-melhylphenol
chlorrelhane
chloroform
chloromethane
2-chlorophenol
chrysene
4.4'-DDD
                         4.4--DDE

                         4.4--DDT
                         dibenzo(a.h)anlhracene
                         dibromochloromethane
                         1,2-dichlorobenzene
                         1,3-dichlorobenzene
                         1,4-dichlorobenzena
                         dichlorodilluoromelhane

                         1,1-dichloroethane
                         1,2-dichloroethane

                         1.1-dichloroethene
                         (Irans)-l ,2-dichloroethene

                         1,2-dichloropropane
                         (cis & trans) 1,3-dichloropropene
                         dielhyl phthalate
                         2,4-dimethylphenol
           SYNONYM

1,2-benzanlhracene
2.3-benzphenanlhrene
3.4-benzopyrene
1,12-benzoperylene
11.12-benzolluoranlhena
lindane
2,2'-dichloroelhyl ether
2.2'-dichloroelhyoxy methane
2.2'-dichloroisopropyl ether
(sym)dichloromethyl ether
2.2'-diethylhexyl phthalate
dichlorobromomethane
trlbromomethane
methyl bromide
letrachloromethane
para-chloro-meta-cresol
ethylchloride
trichloromethane
methyl chloride
para-chlorophenol
1.2-benzphenanthrene
dichlorodiphenyldichloroethane
p.p'-TDE
tetrachlorodiphenylethane
dichlorodiphenyldichloroethylene
p.p'-DDX
dichlorodiphenyllrichloroethane
1,2.5.6-dibenzanlhracene
chlorodibromomethane
ortho-dichlorobenzene
mela-dichlorobenzene
para-dichlorobenzene
dilluorodichloromethane
fluorocarbon-12
ethylidene chloride
elhylene chloride
ethylene dichloride
1.1-dichloroethylene
acetylene dichloride
1,2(trans)-dichloroethylene
propylene dichloride
(cis & trans) 1,3-dichloropropylene
ethyl phthalate
2.4-xylenol
 CHEMICAL COMPOUND

di-n-octyl phthalate
4,6-din!tro-2-methylphenol
1,2-diphenylhydrazine
endosullan I
endosullan II
lluorene
hexachlorobenzene
hexachlorocyclopentadiene
hexachloroethane
indeno( 1,3.3-cd)pyrene
Isophorone
methylene chloride
2-nltrophenol
4-nltrophenol
N-nitrosodimethylamine
N-nltrosodipropylamine
N-nitrosodiphenylamine
PCB-1016
PCB-1221
PCB-1232
PCB-1242
PCB-1248
PCB-12S4
PCB-1260
2.3.7.8-letrachlorodibenzo-
p-dioxin
1,1,2,2-tetrachloroelhane
tetrachloroethene

toluene

1.1,1-trichloroethane
1,1,2-trichloroethane
trichloroethene
trichlorofluoromethane

vinyl chloride
           SYNONYM

di(2-ethylhexyl)phthalate
4,6-dinitro-ortho-cresol
hydtazobenzene
a-endosullan-alpha
b-endosullan-beta
(alpha)-diphenylene methane
perchlorobenzene
perchlorocyclopentadiene
perchloroethane
2.3-ortho-phenylene pyrene
3.5.5-trimethyl-2-cyclohexen-1-one
dichloromelhane
para-nitrophenol
ortho-nltrophenol
dimethyl-nitrosoamine
N-nltroso-di-n-propylamine
diphenyl-nitrosoamine
Arochlor-1016
Arochlor-1221
Arochlor-1232
Arochlor-1242
Arochlor-1248
Arochlor-1254
Arochlor-1260

TCDD
acetylene tetrachloride
perchloroethylene
tetrachloroethylene
melhylbenzene
toluol
methyl chloroform
vinyl trichloride
trichloroelhylene
lluorocarbon-11
lluorotrichloromethane
chloroethene
chloroethylene

-------
                      unified
                      agency
                      150 North First Avenue
                      Hillsboro, Oregon  97123
                      503 648-8621
                        Part   A-Application
                           INDUSTRIAL WASTE DISCHARGE PERMIT
                     SECTION  I. APPLICATION
Return  the completed application by: 	
(Further instructions:  See reverse side)
Al.   Applicant Business Name
A2.  a.  Address of premises  discharging wastewater:
        Street 	
        City 	 Zip
     b.  SIC Nos.
     c.  Assessor's Map and Tax Lot Number
                                            USA USE
                                         Date Application
                                            Received
                                                                      A9a. Permit No.
                                                                      A9b. Acct. No.
                                         SIC Nos.
                                         BASIN.
A3.  Business Address (If different than  above)
     a.  Street 	
        City 	
                    Zip
     b.  Mailing
        City 	
A4.   Chief Business Official
        Name 	
        Mailing Address
                 State .

                  Title
                . City .
                          Zip
                    State
         Zip
AS.   Person to  be contacted about this application
        Name 	 Title

AS.   Person to  be contacted in case of emergency
        Name 	
                                        Phone
                         Title
                          Day Phone
                         Night Phone
A7.   Type of Application

     A. [  |  Wastewater discharge is other than domestic or sanitary.

     B. |  [  Wastewater discharge exceeds 25,000 gallons per day flow.

     C. |[  Both of the above.

A8.   CERTIFICATION:  I certify that the information above and on the following pages  is true
     and correct  to the best of my knowledge.
     Print Name
Title
Signature
Date

-------
                     INSTRUCTIONS FOR COMPLETING PART A


                                              SECTION 1.   APPLICATION

                     Type or print the Information requested.

                     A1.   Applicant Business Name—Enter the name or title of your business.

                     A2a.  Address of Premise Discharging Wastewater—Enter the full  street
                           address of the building or premise which Is producing the  waste-
                           water pertinent to this Application.

                     A2b.  Standard Identification Classification code number— Include
                           all numbers that apply to business.

                     A2c.  Include the Assessor's Tax Hap Number and Tax Lot Numbers  that
                           apply.

                     A3.   Business Address—Enter the business  street address and  the full
                           mailing address.

                     A4.   Chief Business Official—Enter the name, title and full  mailing
                           address of the Applicant's Chief Business Official 1n the  home
                           office.  (This Is often not the same  address as given In A3).

                     AS.   Person to be contacted about this Application—Give the  name of
                           the person who Is thoroughly famllar  with the facts reported
                           on these forms and who can be  contacted by the staff of  the Agency.

                     A6.   Person to be contacted 1n case of an  Emergency—Give the name,
                           title and telephone number(s)  of the  responsible person  who can
                           be contacted In case of an emergency  (e.g.  spilling of a
                           prohibited substance).

                     A7.   Type of Application

                           A.  Indicate 1f wastewater discharged contains anything  other
                               than domestic or sanitary  wastes  (I.e.  floor drains, wash
                               down drains, batch drains,  process drains,  etc).  •

                           B.  Indicate If wastewater discharge  1s going to be more than
                               25,000 gallons per day on  a regular basis.

                           C.  Indicate here If both of the above characteristics and
                               flows apply.

                     AS.   Certification—The Application must be signed and dated  by an
                           officer, employee, or other agent of  the business who  has  legal
                           authority to bind the Applicant business.   Also print  or type
                           the name and title of the person signing the Application.
•2-423*

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   Business Name
                        Part   B-Business   Description
                                                   INDUSTRIAL  WASTE  DISCHARGE PERMIT
PURPOSE — The  business description  1s primarily used to determine the
         substances which may enter Into the wastewater discharge
         from the business activity.
         USA Use:

         Permit No.
Bl.  BUSINESS ACTIVITY   (Complete a separate Part B for each major business activity on premises.

    ACTIVITY	   SIC Nos	
     (a) PRODUCT:
TYPE OF PRODUCTS
(Brand Names)





QUANTITIES
PAST CALENDAR YEAR
Amts. Per Day
Avg.





Max.



•

Dally
Units





EST. THIS CALENDAR YR.
Amts. Per Day
Avg.





Max.





Uaily
Units





     (b)  DESCRIPTION —Describe the waste water generating operations.  Indicate variations In
         production and operations during the year.  (Use additional sheets  as necessary)
     (c)  SUBSTANCES DISCHARGED — Give common and  technical names of each major raw material
         and product that may be discharged to the sewer.  Briefly describe the physical
         and chemical  properties of each substance and product.
NAME




DESCRIPTION




B2.  DISCHARGE PERIOD
    (a)  Hours/Day Operated:


    (b)  Time Duration of Discharge:
Sat
                                                          Sat
Sun
           Sun
B3.  VARIATION OF OPERATION

    Indicate whether the business activity 1s:

    f""I Continuous through the year, or

    l~l Seasonal— Circle the months of the year during which discharge occurs:

                  JFMAMJJASOND
    COMMENTS:
84.  OTHER LIQUID WASTES — List and types and volume of liquid waste or sludges removed from
    the premises by means other than public sewers.
DESCRIPTION





VOLUME (Gals. /Mo. )





REMOVED BY (Name and Address)





                                                               INSTRUCTIONS ON THE REVERSE SIDE

-------
       INSTRUCTIONS FOR COMPLETING PART B:

       General  Instructions — Type or print the  Information.  A separate Part  B Is to be completed for  each
       major business activity.  Examples of major business activities are:  Paint manufacturing, metal
       plating, food canning, etc.

       Bl.  Business Activity — Describe the principal activity on the premise.  For the purpose of
           completing this Part, an activity Is a major business class of manufacture (see examples
           above).  Enter the  Standard Industrial Classification (SIC)  Code  Number, as found In the
           1972 Edition of Standard Industrial Classification Manual prepared by the Executive Office
           of the President. Office of Management and Budget, which 1s available from the Government
           Printing Office at  Washington, D.C., or at San Francisco, California   DO NOT USE PREVIOUS
           EDITIONS OF THE MANUAL.  Copies are also available for examination at most public libraries.

           (a)  Product —List the types of products, giving ttie common or brand name and the proper
                or scientific  name.  Enter from your records the average and maximum amounts produced
                dally for the  activity for the previous calendar year, and the estimated daily
                production for this calendar year.  Attach additional pages if necessary.

           (b)  Description—Describe the wastewater generating process occurring on the premises,
                including any  seasonal variation in wastewater discharge volumes, plant operations,
                raw materials, and chemicals used In process and/or production.

           (c)  SUBSTANCE DISCHARGED — Give common (brand names) and technical names (chemical,
                scientific or  proper names) of each raw material and product that may be discharged
                to the sewer.  Briefly describe the physical, (e.g.  color) and chemical, (e.g.
                reacts with water) properties of each substance.

       B2.  Discharge Period:

           A.  Enter the hours of the day for each day, during which waste from this Business Activity
               will be discharged to the sewer:   e.g. from 0600 to 1700 hours (not 6 a.m.  to 5 p.m.).

           B.  Enter the time and duration of discharge other than continuous flows.  (15 minutes  every hour)

       B3.  Variation In Operation;

           Indicate whether the business activity Is continuous throughout the year or if it is  seasonal.
           If the activity is seasonal, circle the months of the year during which discharge occurs.   Make
           any comments you feel  are required to describe the variation in operation of  your business  activity.

       B4.  Other Liquid Wastes — List the type and volume of liquid  wastes removed from  the  premises  other
           than by the community sewer.   Under description,  Indicate the types of materials  (scientific
           and common names) In the waste.   Also, In the column headed "REMOVED BY,"  write the name  and
           address of the company who hauls this material.   If you do your own removal and disposal,
           Indicate by writing your "Business Name."
82-4238

-------
   	Part  C  - Schematic  Flow  Diagram
   Business Name                                     INDUSTRIAL WASTE DISCHARGE PERMIT
PURPOSE-The Schematic Flow Diagram shows the flow pattern of products
        through the facility and the various sources of wastewater.
USA Use
Permit No.
Schematic Flow Diagram-For each major activity 1n which wastewater 1s generated, draw a diagram of
the flow of materials and water from start to completed project, showing all unit processes generating
wastewater.  Number each unit process having wastewater discharges to the conmunlty sewer.  Use these
numbers when showing this unit process 1n the building layout 1n Part D.
                                                             INSTRUCTIONS ON THE REVERSE SIDE

-------
    INSTRUCTIONS FOR COMPLETING  PART C

    General Instructions — Type  or print the Information.
    for each major business activity described in Part  B.
A separate Part C should be completed
    A line drawing  (schematic  flow diagram) of each major business  activity described in Part B
    is to be completed in the  space below or drawn 1n on an attached sheet of paper (all sheets
    should be letter size).  Number each process which generates wastewater using the same numbering
    as in the building layout  or plant site plan shown in Part D.  An example of drawing required is
    shown below in  Figure 1.

    To determine your average  daily volume and maximum daily volume of wastewater flow you may have
    to read water meters, sewer meters, or make estimates of volumes that are not directly measurable.
                                         FIGURE,  I
                                  ACTIVITY-  Meat  Processing
    Cleanout
    Wastewater
                                                                      Avg.  ISO  GPO
                                                                      Max.  200 GPO
                  Leakage
                  Wastewater
                  Avg. 30 GPO
                  Max. 30 GPO
                            Avg.  4000  GPO
                            Max. 9000 GPO
                            Leakage
                            Wastewater
                            Avg. 30  GPO
                            Max. 30 GPO
                            Cooling Water
                            Wastewater
   Water
 Evaporater
                             Avg.  150  GPD
                             Max.  300 GPO
                                                                                          Dried
                                                                                          Meal
                                                                                          Product
                     By  Products
Concentrated
Meat
Product
•2-423C

-------
           	       Part   D-Building  Layout
           Business Name                            INDUSTRIAL WASTE DISCHARGE PERMIT
PURPOSE—The building layout shows the wastewater generating operations
         which contribute to each side sewer.                          Permit No
USA Use
Building Layout-Draw to scale the location of each building on the premises.  Show location of all
water meters, storm drains, numbered unit processes (from Part C), community sewers and each side
sewer connected to the community sewers.  Number each side sewer and show possible sampling locations.

An attached blueprint or drawing of the facilities showing the above Items may be substituted for a
drawing on this sheet.
                                                               INSTRUCTIONS ON THE REVERSE SIDE

-------
  INSTRUCTIONS FOR COMPLETING PART 0

  General  Instructions-Type or print the Information.

  Building Layout-A building layout or plant site plan of the premise Is required to complete Part 0.
  Approved building plans may be substituted for Part 0.  An arrow showing North as well as the map
  scale must be shown.  The location of each existing and proposed sampling manhole and side sewer
  must be  clearly Identified as well as all sanitary and wastewater drainage plumbing.  Number each
  unit process discharging wastewater to the community sewer.  Use the same numbering system shown In
  Part C (Schematic Flow Diagram).  An example of the drawing required 1s shown below 1n Figure 2.
                                      FIGURE   2
                                 ANYBODY'S  MEAT CO.

                                     (SCALE:  t"»,IOO')
     PROPERTY
                                                            SAMPLING
                                                            MANHOLE  No.
                                  8" Side  Sewer  No.  1
PARKING

                                                               3" WATER,/
                                                                 METER
                                                                                    
-------
    Business Name
                       Part  E-Water   Source  &   Use
                                              INDUSTRIAL WASTE DISCHARGE PERMIT
PURPOSE—The Water Source and Use Information will enable USA to determine
        the Volumes and Sources of wastewater discharged to the USA sewer.
                                USA Use:
                                Permit No.
El.  Water use and distribution — Estimate the average quantity of water received and waste-
    water discharged'dally.

Water Used For:
Sanitary
Processes
Boiler
Cooling
Washing
Irrigation
Other (Describe)


TOTAL
SUPPLY FROM
Water District
ga/day










Other
gal /day










source






1



DISCHARGED TO
Comm. Sewer
gal /day










Other
gal /day










disch. to










  Describe
E2.  Number of Employees
TOTAL

Week day
Saturday
Sunday
Seasonal
OFFICE
No.




Hours
to
to
to
to
PRODUCTION (number of employees per shift)
Day Shift
No.




Hours
to
to
to
to
Swing Shift
No.




Hours
to
to
to
to
Night Shift
No.




Hours
to
to
to
to
E3.  Source of Water Discharged
Water Meter
Number





Use
Code





Percent (Z) Discharged to:
No. 1





No. Z





No. 3





Total X
Discharged to
all side sewers





COMMENTS:
                                                          INSTRUCTIONS ON THE REVERSE SIDE

-------
      INSTRUCTIONS FOR COMPLETING PART I

      General  Instructions -Type or print the Information.   Part E Is  to be completed  by  all  dischargers
      who require a permit.   (Wastewater Strength and Flow Estimations)

                           PROVIDE CALCULATIONS TO SUPPORT ALL FIGURES  IN TABLES El AND E3

      El.  Water Use and Disposition — Estimate the water received and wastewater discharged  1n  gallons  per
           day for the preceding  year.   For the water that Is received  from  Water District services  or
           discharged to other than community  sanitary sewers,  enter the appropriate letter In the column
           headed "Source" or "Discharge To."

      E2.  Number of Employees — Enter the average number of  office and  production employees at  the  premises
           dally during the preceding  year.  If there 1s  more than one  shift per day, enter the  average
           number of employees per shift and the duration.  A row 1s provided for seasonal periods, 1f  applicable.

      E3.  Source of Wastewater Discharged — Item E3  shows the percentage of source water on each water  meter
           used for computing the sewage disposal service charge.

      Step 1  Enter the number of each meter serving  the  premise.

      Step 2  For each meter enter the percentage of  metered  water discharged to each side sewer.  If  you have
              more than one side  sewer, SHOW ON A SEPARATE PAGE THE METHOD AND CALCULATIONS USED TO  DETERMINE
              THE PROPORTIONING to the side sewers.

      Step 3  Enter the total percentage discharged to all  side sewers for each water meter by adding  the
              figures In each side sewer column.

      Step 4  Enter the appropriate use code as described below In the use code column.

              METER USE CODES
              I — Irrigation
              S —Sanitary

              F — Sewage Flow
              W —Well
              C — Cooling Tower

              B-Boiler

              X — Product
              T —Time Elapse
•2-4Z3C

-------
                      Part   F-Side  Sewer  Discharge
   Business Name
                                               INDUSTRIAL WASTE  DISCHARGE  PERMIT
PURPOSE —The Side Sewer Discharge Information will Identify for USA the
        variation In flow rate and the type of constituents and
        characteristics of the discharge for each side sewer.
                                                            USA Use

                                                            Permit No	

                                                            Sampling Loc.
Fl.  Side Sewer No.
                       (From Part D)
F2.  Wastewater Flow Rate

PEAK HOURLY
Gallons/Minute

MAXIMUM DAILY
Gallons/Day

ANNUAL DAILY AVERAGE
Gallons/Day

IF OPERATIONS ARE SEASONAL
. AVERAGE DAILY (GALLONS/DAY)
Seasonal M1n.

Seasonal Max.

F3.  IF BATCH DISCHARGE, INDICATE:

    a.  Number of batch discharges:
F4.
                                       'per month
    b.  Time of batch discharges:
                                             at
                             (days of week)            (hours of day)

c.  Average quantity per batch: _________ gallons

d.  Flow rate: _____ gallons/minute

WASTEWATER CONSTITUENTS —If any of the following constituents, characteristics or substances
1s  or can be present in your wastewater discharges as a result of your operations, Indicate
by  placing an x  in the open box.
CONSTITUENTS











Aluminum
Antimony
Arsenic
Barium
Beryllium
Boron
Bromide
Cadmium
Chromium
Cobalt
Copper
CONSTITUENTS











Cyanide
Fluoride
Formaldehyde
Lead
Mercury
Molybdenium
Nickel
Phenols
Radioactivity
Selenium
Silver
CONSTITUENTS








Solvents
Sulfate
Sulflde
Sulfite
Titanium
Tin
Vanadium
Z1nc
Or any of those items on
the E.P.A. Priority
Pollutant list as shown
on the reverse side.
    At the discretion of the Agency, it may require that an Engineer be obtained to perform
    a treatabillty study to be submitted with the application.


    Identify the Chemical Compounds or Elements
    Conments:
                                                               INSTRUCTIONS ON THE REVERSE SIDE

-------
      INSTRUCTIONS FOR COMPLETING PART F
       General  Instructions —Part  F  1s  to  be completed  by all  businesses who  require Wastewater Strength
       Determination.  Use a separate sheet for each side sewer that  discharges wastewater  to  a  community
       sewer.   (NOTE:  A side sewer 1s a sewer conveying the wastewater  of  a discharger from a building or
       structure  to a community sewer.)
      Fl.
      F2.
      F3.
Side Sewer No.— Enter the side sewer number for which this sheet of Part F has been completed.
Use the same number as shown on PART 0.
Wastewater Flow Rate-Estimate the peak hourly discharge rates from the premise (I.e. the
quantity which might be discharged during any one hour).  The maximum dally discharge rate
1s the greatest flow which might be discharged In any one work day.  The annual dally average
1s the flow for an average workday taken over one year of operation.  A season Is defined as
a period of one month or longer.  Hourly and dally water supply meter readings may be used,
provided the filling and discharge of storage tanks, process vats, etc.. are taken Into con-
sideration.
Batch Discharge -A batch discharge Is one which results from the draining of storage tanks or
process tanks; Intermittent boiler blowdown. etc.. to the side sewer.
    Enter the number of batch discharges per month during the operating season of maximum flow.
    Enter the days of the week the discharge occurs and the times of the day the discharge
    usually occurs.
    Enter the average gallons discharged during each batch discharge operation.
    Enter the rate of flow In the side sewer from the batch discharges.
           a.
           b.

           c.
           d.
                (I.e. Rate of flow frc. the batch discharge -
                                                                              single discharge)
      F4.
Wastewater Constituents -Indicate those Items that you use that are Included  In the Environ-
mental Protection Agency's 65 priority pollutants.
             Acenaphthene
             Acroleln
             Acrylon1tr1le
             Aldr1n/01e1dr1n
             Antimony & compounds1
             Arsenic & compounds
             Asbestos
             Benzene
             BenZ1d1ne
             Beryllium & compounds
             Cadmium & compounds
             Carbon tetrachlorlde
             Chlordane
             Chlorinated benzenes
             Chlorinated ethanes
             Chi oralkyl ethers
             Chlorinated naphthalene
             Chlorinated phenols
             Chloroform
             2-chlorophenol
             Chromium & compounds
             Copper ft compounds
             Cyanides
                                E.P.A.  65 Priority Pollutants
                                DDT & metabolites
                                Dlchlorobenzenes
                                D1chlorobenz1d1ne
                                Dlchloroethylenes
                                2.4-d1chlorophenol
                                Dlchloropropane &  dlchloro-
                                  propene
                                2.4-d1methy1phenol
                                Dlnltrotoluene
                                Olphenylhydrazlne
                                Endosulfan & metabolites
                                Endrln  &  metabolites
                                Ethylebenzene
                                Fluoroanthene
                                Haloethers
                                Halomethanes
                                Heptachlor & metabolites
                                Hexachlorobutadlene
                                Hexachlorocyclohexane
                                Hexachlorocyclopentad1ene
                                Isophorone
                                Lead &  compounds
                                Mercury & compounds
Naphtahalene
Nickel & compounds
Nitrobenzene
Nltrophenols
N1trosam1nes
Pentachl orophenol
Phenol
Phthalate esters
Polychlorinated blphenyls
Polynuclear aromatic hydro-
  carbons
Selenium & compounds
Silver & compounds
2.3,7,8-Tetrachl orodlbenzo-
  p-d1ox1n
Tetrachloroethylene
Thallium S compounds
Toluene
Toxaphene
Trichloroethylene
Vinyl chloride
Z1nc 4 compounds
82-423M
                      As  used  throughout  this  11st the term "compounds" shall Include organic and
                      Inorganic compounds.

-------
              Business Name
                  Part  F-Side Sewer  Discharge  (Cont'd)
Side Sewer No..
(From Part  0)
F5.  WASTEWATIR STRENGTH  ESTIMATES— Enter the average annual and maximum wastewater
     strength for the side sewer for each of the following elements of wastewater
     strength for the period  covered by the permit.
    USA Use

    Permit
    No	
ELEMENTS OF WASTEWATER STRENGTH
UNIT
AVERAGE
PH (Range to be placed In Maximum Column)
Suspended Sol Ids
Total Chemical Oxygen Demand
Oil and Grease



Mg/1
Mg/1
Mg/1









MAXIMUM







    If data from a  laboratory  was used to determine the  values, please give the name and address
    of the laboratory.
    Name.
    Street Address.
                            City
Zip.
F6. POLLUTION ABATEMENT PRACTICES


    a.   WASTEWATER PRETREATMENT — Check the type of treatment. If any, given wastewater from this
        side sewer before  it  1s discharged to the public sewer:

    n none, Q holding  tank,   Q grease trap, Q oil and water separator, Q grinding,

    O sedimentation,  Q pH adjustment,  Q biological treatment, Q screening,

    C3 chlorfnatlon,   or   CD other.



    DESCRIPTION

    Describe the  loading rates, design capacity,  physical size. etc. of each pretreatment facility
    checked  above.
    b.   PLANNED WASTEWATER PRETREATMENT IMPROVEMENTS -Describe  any changes in treatment or disposal
        methods planned or under construction for  the wastewater carried by this side sewer.   Please
        include estimated completion dates.
                                                                        INSTRUCTIONS ON  THE REVERSE SIDE

-------
       INSTRUCTIONS FOR COMPLETING PART F

      • General Instructions — Part F 1s to be completed by all businesses who require Wastewater Strength
       Determination.  Use a separate sheet for each side sewer that discharges wastewater to a community
       sewer.  (NOTErA side sewer 1s a sewer conveying the wastewater of a discharger from a building or
       structure to a community sewer.)

       F5.  Wastewater Strength Estimates -Enter the average and maximum concentration  of  each  of  the
            Indicated elements of wastewater strength for this side sewer.   The average strength should
            approximate the flow-composited strength during the year.
                                 — • ---- -•--  Tota1  "riTHoTams of substance discharged for  year\
                                 strength-  Tota,  annua| vg]tm j^ter cHschargld in  Ut»n)
       F6.  Polutlon Abatement Practices.

            a.  Wastewater Pre treatment.

                Check the type of treatment. If any, given the wastewater from this side sewer before  1t
                Is discharged to the community sewer.

                Description.  The treatment facility should be described  In  sufficient detail to enable
                an estimation of the facility's effectiveness.   This  will  require a description of the
                physical characteristics and size of the facility.   (Use  additional sheets as necessary.)
            b.  Planned Wastewater Treatment Improvements.

                Describe any additional  treatment or changes 1n wastewater disposal methods planned or
                under construction.
U-423FB

-------
                 WASTEWATER SURVEY FOR NONRESIDENTIAL ESTABLISHMENTS:
                      APPLICATION FOR WASTEWATER DISCHARGE PERMIT
SECTION A - GENERAL INFORMATION
For POTW Use
                                                             Application Date: 3/24/83
A.I. Company name, mailing address, and telephone number:
            A-l Electroplating, Inc.
            1 Plating Drive
            Steel Town, Ind.
     Zip Code     07345             Telephone No.( 123)  123-2227
A.2. Address of  production or manufacturing facility.
                         same as above
     Zip Code	Telephone No.(	)
A.3. Name, title,  and telephone number of person authorized to represent this  firm
     in official dealings with the Sewer Authority and/or City:
     	J. J.  Smith. Chief Engineer (123) 123-2222	


A.4. Alternate  person to contact concerning Information provided herein
     Name   J-J- ^°nes               Title  President        xei. No. (123) 123-2222
A. 5.  Identify the  type of business conducted (auto repair, machine shop,  electro-
      plating, warehousing; painting, printing., meat packing, food processing,  etc.).
            Electroplating


      mote to Signing Official:  In accordance with Title 40 of the Code of Federal
      Regulations Part 403 Section 403.14t information and data provided in this ques-
      tionnaire which identifies the nature and frequency of discharge shall be avail-
      able to the public without restriction.  Requests for confidential treatment of
      other information shall be governed by procedures specified in 40 CFR Part 2.
      Should a discharge permit be required for your facilityt  the information  in thit
      questionnaire will be used to issue the permit.

      I                                                                               I
      I This is to be signed by an authorized official of your firm after adequate     \
      \completion of this form and review of the information by the signing official.}
      I                                                             /
            I have  personally examined and am familiar with the information sub-
           mitted  in this document and attachments.  Based upon my inquiry of
            those individuals immediately responsible for obtaining the informa-
            tion  reported herein, I believe that the submitted information  is
            true, accurate and complete.  I am aware that there are significant
            penalties for submitting false information, including the possibility
            of fine and/or imprisonment.
               3/20/83
                 Date                      Signature of Official
                                            (Seal  if applicable)

-------
A.6. ' Provide a brief narrative description of the manufacturing, production,  or
      service activities your firm conducts.
            Chromium plating of  zinc die castings
A. 7.
Standard Industrial Classification Number(s) (SIC Code) for your facilities:
    3471
A.8.  This facility generates the following types of wastes  (check all  that  apply):
Average gallons
per day *
1.
2.
3.
4.
5.
6.
7.
8.
9.
[X| Domestic wastes 1500 GPD
(rest rooms, employee showers, etc.)
[ ] Cooling water, non-contact
[ ] Boiler/Tower blowdown
[ ] Cooling water, contact
IX.] Process 11,500
[ j Equipment /Facility Washdown
[ ] Air Pollution Control Unit
[ ] Storm water runoff to sewer
[ ] Other (describe)

fc
[
[
[
[
I
[
I
I

3j estimated
] estimated
] estimated
] estimated
] estimated
] estimated
] estimated
] estimated
] estimated
t ]
[ 1
[ 1
I J
KX]
t J
measured
measured
measured
measured
measured
measured
measured
measured
measured
             Total A.8.1 - A.8.9
                                      13,000 GPD
A.9.  Wastes are discharged  to  (check  all  that  apply):
       fxj Sanitary  sewer
       [  J Storm sewer
       [  ] Surface water
       [  1 Ground water
       [x j Waste haulers
       [  j Evaporation
       [  ] Other (describe)
                             Average  Gallons
                                >er day
                         £6
                        13,
000
                             50
    estimated
[  J  estimated
[  ]  estimated
[  ]  estimated
[  ]  estimated
[  ]  estimated
[  ]  estimated
[  ]  measured
[  ]  measured
[  ]  measured
[  ]  measured
Kx]  measured
[  ]  measured
[  ]  measured
      Provide name  and  address  of  waste  hauler(s),  if  used.
         ABC Waste Haulers	
         101 Hall Road,  Plater Town

A. 10. Is  a  Spill Prevention Control and  Counter-measure Plan  prepared for the facility?

      H  yes        [] no
          ftote: If your facility  did not check  one  or more  of the  items
          listed  in A.8.4  through A.8*9  above,  then you do  not need to
          complete any  further sections  in  this survey/application*
          If any  items  A.8.4  through A.8.9  were checkedf  complete  the
          remainder of  this survey/application.

-------
SECTION B - FACILITY OPERATION  CHARACTERISTICS

B.I   Hours of operation:    7:00    a.m.  to  12:00  a.m.   [ ] continuous

B.2   Number of employee shifts worked per 24-hour day is   2  .
      Average number of employees  per shift is 2 shifts of 20 and 10 employees respectively,

B.3   Starting times of each shift:     1st 7:00 am  2nd 	am  3rd 	am
                                                 pm     4:00 pm           pm

      Note:  The following  -information in this section must be completed for
             each product line.

B.4   Principal product produced:   chromium plated zinc die castings	

B.5   Raw materials and process additives used':

      biosulfate, chromic acid, sodium cyanide, copper sulfate, nickel sulfate,	

      hydrochloric acid, aluminum  sulfate	

B.6   Production process is:
      [ ] Batch     [X] Continuous     [  ]  Both 	% Batch   	% Continuous
      Average number of batches per  shift  1st 	 2nd	  3rd 	

B.7   Is production subject  to  seasonal variation? [ ] yes  [X] no
      If yes, briefly describe  seasonal production cycle.
E.8   Are any process changes  or  expansions planned  during the next three years?
      [ ] yes  [X] no
      If yes, attach a separate sheet  to this form describing the nature of planned
      changes or expansions.

-------
SECTION C - WASTEWATER INFORMATION
C.I  If your facility employs processes in. any of the  34  industrial categories  or busi-
     ness activities listed below and any of these  processes  generate vastewater or waste
     sludge, place a check beside the category or business  activity (check  all  that apply).
     A. 34 Industrial Categories
                          1.
                          2.
                          3.
                          4.
                          5.
                          6.
                          7.
                          8.
                          9.
                          10.
                          11.
                          12.
                          13.
                          14.
                          15.
                          16.
                          17.
                          18.
                          19.
                          20.
                          21.
                          22.
                          23.
                          24.
                          25.
                          26.
                          27.
                          28.
                          29.
                          30.
                          31.
                          32.
                          33.
                          34.
I  1
.[  1
[  1
[  ]
[  J
[  1
Adhesives
Aluminum Forming
Auto & Other Laundries
Battery Manufacturing
Coal Mining
Coil Coating
Copper Forming
Electric & Electronic Components
Electroplating
Explosives Manufacturing
Foundries
Gum & Wood Chemicals
Inorganic Chemicals
Iron & Steel
Leather Tanning & Finishing
Mechanical Products
Nonferrous Metals
Ore Mining '
Organic Chemicals
Faint & Ink
Pesticides
Petroleum Refining
Pharmaceuticals
Photographic Supplies
Plastic & Synthetic Materials
Plastics Processing
Porcelain Enameling
Printing & Publishing
Pulp & Paper
Rubber
Soaps & Detergents
Steam Electric
Textile Mills
Timber
     B.  Other  Business  Activity

         [  ]  Dairy Products
                                     •
         [  ]  Slaughter/Meat Packing/Rendering

         [  ]  Food/Edible Products Processor

         [  ]  Beverage Bottler              .

-------
C.2  Pretreatment  devices or processes used for treating vascewacer or sludge
     discharged to the POTW system (check as many as appropriate)

     [  ] Air  flotation
     [  ] Centrifuge
     [XX] Chemical  precipitation
     [  ] Chlorination
     [  ] Cyclone
        ] Filtration
         Flow Equalization
         Grease or oil separation, type	
         Grease trap
         Grit Removal
         Ion  Exchange
         Neutralization, pH correction
         Ozonation
         Reverse  Osmosis
     [  ] Screen
     |XX] Sedimentation
     [  ] Septic tank
         Solvent  separation
         Spill protection
        ] Sump
[  1
[
[  ]  Biological treatment,  type
      [  ] Rainwater diversion or storage
         Other  chemical treatment, type  pH  adjustment^ _chemical seduction
        ] Other  physical treatment, type	
      [  ] Other,  tvpe
      [  ] No pretreatment provided
C.3  If any wastewater analyses have been  performed on the wastewater discharge(s)
     from your facilities to the POTW system, attach a copy of the most recent data
     to this questionnaire.  Be sure to include the date of the analysis,  name of
     laboratory performing the analysis, and location (s) from which sample (s) were
     taken (attach sketches, plans, etc.,  as necessary).
     AAA Laboratory  Service
     201 Apple Lane
     Steel Town

     Results of certified laboratory analysis from 4/13/83,  18 hour flow proportioned
     composite samples.   One sample per hour.  No flow from 1:00 AM through 7:00 AM,
     therefore, no samples taken.
     Parameter
       Al
       Cr -i- 6
       Cr Total
       CN, Amenable
       CN, Total
       Cu
                           Concentration (mg/1)
                                .3
                                .04
                                .5
                                .1
                                .2
                                .2
Parameter
   Ni
   Zn
   TSS
   Total Metals
   ph
Concentrator
    .07
    .05
   9
   1.9
   7.3
I

-------
       rum
    srsst
   C7AHX9Z
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     a:?
    ACI3
    XZ8SZ
NXOCZL ?LATt
  CSWHITO
  RIMSZ  AMD
     OXT
                              MTDT**iISZ MIS
                               PUZCUTTATZ
     OXI9IZZ
                                                                             01
                                                                             01
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                                                              SAMPLING
                                                              LOCATION
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                                           1      '
                                         SLOOOZ
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MXOOL AND CSPPt*
                                  uooc:
                                 CHXOMZCh
                                 CHJWOTM
   A-l  Electroplaters Flow  Schematic
                6
                                          S«»wer

-------
C.4   Priority Pollutant Information:  Please indicate by placing an "x" in the appro-
      priate box  by each listed chemical1 whether it is "Suspected to be Absent,"
      "Known to be Absent," "Suspected to be Present," or "Known to be Present" in
      your manufacturing or service activity or generated as a by-product.
CHEMICAL «"«s
COMPOUND ,_«««
o i- 
-------


711.
51.
62.
63.
54..
55.
56.
57.
53.
59.
70.
72.
73.
"i.
75.
75.
77 ,
73.
79.
30.
31.
32.
33,
34.
35.
36.

VIII.
37.
33.
39.
90.
91.
92.


12.

93.
94.
95.
C3211C.U.
COMPOUNDS
2ALOC2HAT2S ALZPSATICS
Me t haae , b rano-
Me t haae , chio r a-
Ma thane, dichloro
Methane , chle rodibraao
Ma t hane , di chio rob ramo
Ma z hane , : ri b raoa
Methane, trier. Lara
Methane, cstracaiaro
Mathaae, tri chio rat luora
Methaae, dichlarodifluora
It haae, 1,1-dichiora
ithane, 1,2-dicalora
I thane, 1 , i, 1-trlcaioro
i-hane , 1,1, 2-crichlora
ithane, 1, 1 ,2, 1-tatrachlora
Ethane, haxachlara
Ethane, chioro
Etaeae, 1,1-dicaiora
Etheae, traas-dicaiaro
itheae, tricolors
itheaa, tatracaiora
Propane, 1 ,2-dicalaro
Prapeae, 2,4-dicaloro
Siitadieae, hexacaiora
Cyciapeasadiese , hexacalaro

PHTEALATi EST22S
Phthaiata, di-c-oethyl
Pathaiate, di-r.-«thyi
3Kathalapa di— butyl
Phthaiata, di-a-octyi
Phthaiata, bis(2-*thyLhe3cyl)
Phthaiata, butyl benzyl


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n-jo raaa
ladaao (t,2,3-cd) ayraaa
Naphthalene
Phenanthraae
Pyraaa

FESTICI-ES

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SEC (3eta)
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diordaaa
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Sieidria
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C.5   Lf you ara unable :a identify cae chesical  caas:ic--ent3  of  praducts  you  use :hac are
      discharged ia your w&atawacer, at:aca  capias  of  the  aacariais  safety data aheats far
      such products.

-------
SECTION D - OTHER WASTES

0.1  Are any liquid wastes  or  sludges  from this  firm disposed of by means other than
     discharge to the sewer system?

     bod yes        f 1 no

     If "no," skip remainder of  Section  E.
     If "yes," complete items  2  and  3.
D.2  These wastes may best  be  described  as:

                                                  Estimated Gallons or Pounds/Year
           [] Acids and Alkalies                 	
           M Heavy Metal  Sludges                  12.500 Cal/yr.
           [] Inks/Dyes                          	
           [] Oil and/or Grease                  	
           [ ] Organic Compounds                  _________________
           [] Paints                             	
           [] Pesticides                         	
           {] Plating Wastes                     	
           [] Pretreatment  Sludges               	
           [] Solvents/Thinners                  _______________
           [j Other Hazardous Wastes  (specify)   	
            [] Other wastes(specify)
D.3  For the above checked  wastes,  does  your company practice:

     W on-site storage
     [] off-site storage
     [] on-site disposal
     $ off-site disposal

     Briefly describe  the method(s) of storage or disposal checked above.

       Sludges  from precipitation operations  are  stored in steel drums.  Every
       two  weeks  a  contract  disposal service  comes to pick them up  and dispose
       of  them  at a chemical waste facility.

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C/REG. 10/95

                                    CHAPTER 7
                     POTW INDUSTRIAL USER CONTROL MECHANISMS

     Under 40  CFR 403.8(f)(1 )(iii), the POTW must have the authority to
control,  through permit, contract, or similar means,  the  contribution to the
POTW from each industrial user to ensure compliance with  applicable pretreat-
raent standards and requirements.  A POTW must be able to  control the discharge
of each  industry even when that industry is located in an outlying jurisdic-
tion.  It is  strongly recommended that a control mechanism, such as a permit
system,  be established for the program.  A contractual mechanism, whereby the
POTW provides  its services subject to mutually agreeable  terms, is also
acceptable.   Both of these mechanisms establish a legal framework for con-
trolling the  volume and constituents discharged by an industry, and will be
discussed below.  Greatest attention will be given to permitting since the
majority of POTWs have adopted this system.

     Many POTWs in Idaho and Washington are utilizing a Data Disclosure Form
to collect data from industrial users and an Industrial Waste  Acceptance Form
in lieu  of a  permit application and permit.  However, both systems are very
close.   The main difference is terminology.

     Whatever system is employed, it should integrate the following compo-
nents.

     •   A mechanism for obtaining information from the regulated user
     •   Specific conditions, subject to modification, on  the user's discharge
         (e.g., limitations, sampling and reporting requirements)
     •   Limited duration allowing for compliance review
     •   Nontransferability
     •   Revocability to make the system an effective  compliance tool.

POTW Permit  System
      The establishment of procedures to issue sewer  use permits to industries
discharging  to the POTW system generally provides the most effective control
mechanism available to regulate industrial users. The concept of the sewer
                                      7-1

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C/REG. 10///5

use permit system is very flexible and can be tailored to the particular needs
of almost any municipality.   In addition, it can effectively accomodate
changes in environmental regulations for industrial processes.  Since no two
industrial users are the same, a permit system provides an efficient means for
varying limitations, monitoring and reporting requirements.

Deadline for Permit Issuances
     A. POTW's sewer use ordinance normally describes a timeframe for issuance
of a permit.  Once the permit application review process is complete, the POTW
should draft a permit, send it to the industrial user for review and comment,
then issue the final permit.  (There may be a need for the user and POTW staff
to meet, discuss and negotiate the conditions in the draft permit.)  The
process should take no more than 60 days (from review of permit to issuance of
final permit).  Thirty-days is preferable.

Contents of Permit
     The permit should contain:

     •  Cover page describing the facility, with effective date, expiration
        date, and signature of responsible POTW staff
     •  Applicable pretreatment standards (discharge limits)
     •  Compliance deadline date or effective date of limits
     •  Sampling protocol  (sampling frequency and type:  grab, 24-hr, compos-
        ite, flow proportion composite)
     •  Compliance schedule, if appropriate (the POTW would generally insert
        the schedule supplied in the permit application by the industrial user
     •  Requirement for submittal of an Accidental Spill Prevention Plan
        (ASPP)
     •  Reporting requirements, as appropriate (compliance progress reports,
        final compliance reports, self-monitoring reports, accidental spill or
        upset reports)
      •  Requirement for submittal of plans and specifications for pretreatment
        facility construction and for sampling manhole construction
      •  Standard conditions
      •  Statement on non-transferability
                                      7-2

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C/REG. 10/#5


     •  Modification authority

     •  Revocation authority.


        Discharge limits:  for  categorical  industrial users, limits are
        expressed in the permit as  maximum  monthly average and daily maximums •
        (electroplating is a maximum four-day average).  The applicable
        standard or more stringent  standard applies.  (See Chapter 4 for
        discussion of how to decide on appropriate limits.)

        Compliance Deadline Date:   The deadline date for categorical indus-
        trial users cannot go beyond the published date for the categorical
        standard.  Deadline dates for noncategorioal industrial users are
        individually determined by  the POTW.  They should be reasonable.

        Sampling Protocol:  Sampling protocol is individually determined by
        the POTW.  Sampling frequency and type should be based on the dis-
        charger wastewater characteristics, type discharge (batch vs. continu-
        ous) t and operational characteristics (8 hour vs. 24-hour operation).
        See Chapter 9 under self-monitoring for further discussion of sampling
        protocol.  A POTW may elect to sample the user's wastewaters in lieu
        of the user, and charge the cost accordingly.  If this is the case,
        the semi-annual report  submitted by the user would be a compilation of
        sampling results from the POTW.

        Standard Conditions:  "Boiler-plate language."  See Attachment 7.1 for
        typical conditions in a typical permit.

        Reporting Requirements: Discussed  in Chapter 9.  If sampling manhole
        or pretreatment facilities  are constructed, the POTW should inspect
        the facilities once the project is  complete.


Period of Duration

     The period of duration should  be explicitly defined in the permit,
indicating both the effective date  and expiration date.  The determination of
the period of permit validity should be related to the POTW's industrial user

classification scheme.  Those industrial users that have high potential for
impacting POTW operations or undergoing process or waste discharge charac-

teristic changes should be placed  on a shorter permit renewal cycle than other
users.  In all cases, permit  duration in the range of one to five years is

recommended.  The permit  renewal process enables the POTW to keep up-to-date
records on the industrial dischargers to its system.  The POTW should require
an update of  the permit application form before the renewal of any industry's

permit.  If a permit is for an  indefinite period, the POTW should at least
                                      7-3

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C/REG. 10///5

review it annually, in light of data obtained from self-monitoring and
compliance monitoring.

Nontransferability
     For the protection of the POTW, all permits should be issued with the
condition that their validity applies only to the specific owner and indus-
trial facility to which they were issued.  Any transfer of ownership, change
in industrial processes or significant change of wastewater quality or
quantity should void the permit.

Revocation
     The termination of sewer discharge rights through the revocation of an
industry's discharge permit can be a powerful enforcement mechanism.  A
statement of the POTW's authority to invoke this measure should be included in
the permit.  This procedure should serve as a deterrent to illegal discharges,
falsification of self-monitoring reports, tampering with monitoring equipment
and methods, refusal to allow timely access to industrial premises and any
other activities that would be detrimental to the integrity of the POTW
pretreatment program.  Conditions for revocation, including the ones stated
here, may be incorporated in the permit.

Permit Modification
     Permits may be modified for the following reasons:

     •  User changes its manufacturing operation or wastewater characteristics
     •  Newly promulgated Federal pretreatment standards
     •  Need for more stringent limits or monitoring requirements to protect
        the POTW operation.

     The affected  industry should be given adequate notice of permit modifica-
tion especially if it concerns  the  development of new discharge conditions or
limits.
                                     7-4

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C/REG. 10///5


Enforcement of Permits

     Although not necessarily required as a written  section of the permit, it

is recommended that  the  POTW provide clear notification  to regulated indus-

trial users of the sequence of enforcement actions that  will be taken by the

POTW in response to  user violations.  This information can be presented in

writing or verbally  communicated in a meeting with industrial users of the

system.


     The following attachments provide example of permits and typical condi-

tions:


     Attachment 7.1:  Example permit with standard conditions.

     Attachment 7.2:  Permit for noncategorlcal industrial user (Food Proc-
                      essor) discharging high loading of conventional wastes
                      into the POTW.

     Attachment 7.3:  Permit for noncategorical industrial user (galvanizer)
                      discharging high levels of zinc.

     Attachment 7.4:  Permit for categorical industrial  user (electroplating
                      job shop >10,000 gals/day), but Federal standards not
                      promulgated yet.

     Attachment 7.5:  Permit for categorical integrated  industrial user
                      (electroplating job shop >10,000 gals/day) with Federal
                      standards promulgated.

     Attachment 7.6:  Permit for categorical integrated  user facility >10,000
                      gals/day.  Industry regulated  by published Federal
                      electroplating and metal finishing standard.  Metal
                      finishing compliance deadline  date two years later than
                      electroplating.


     Attachments 7.7 and 7.8 provide examples of permits and Industrial Waste

Acceptance Forms from other POTWs.


Industrial User Contracts

     Contracts between  a POTW and an industrial user are common and may be the

least  cumbersome mechanism if only a few industries  are  to be regulated.

Because  they  are individually negotiated, they may be highly refined to meet

specific needs.  Also,  for the same reason, they are generally not subject to
                                      7-5

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C/REG. 10///5

challenge.  Contracts are also appropriate between the POTW and outside
jurisdictions served (see handout).  They are particularly appropriate for
industrial users in unincorporated areas since jurisdiction is not an issue
with contracts.  In these situations, however, the POTW must remember that
referencing the ordinance in the contract is not sufficient.  Contracts with
industrial users outside the municipality's jurisdiction must include the
following:

     •  Authority to enter the user's premises for the purpose of inspection,
        sampling and record examination
     •  Liquidated damages for violation of pretreatment standards and
        requirements
     •  Agreement by the user to submit to the remedy of specific performance
        for breach of contract.

     POTWs electing to utilize contracts rather than a permit system should
also bear in mind that, since they are subject to negotiation, it may be
difficult for the administrator to set the terms he feels are necessary and
have them accepted.  In addition, baseline data are not usually an inherent
part of a contract and contracts may differ considerbly from one industry to
another.  Therefore, they do not lend themselves easily to data management for
larger POTWs.
                                     7-6

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            ATTACHMENT 7.1
TYPICAL PERMIT WITH STANDARD CONDITIONS

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                                                       Page  i of 7
                                                       Permit No.:
                           City  of
                        Department of  Public Works
                        Wastewater Discharge Permit
Company Name:

Division Name (If Applicable)

Mailing Address
                                        Street or P.O.  Box
                                        City, state and Zip code

Facility Address
                                        Street Address
                                        City, State and Zip Code


          The above Industrial  User is authorized to discharge  industrial
wastewater to the City of	sewer system in compliance with
the City's Ordinance Number     	   , any applicable provisions of
Federal or State law or regulation, and in accordance with discharge
point(s), effluent limitations, monitoring requirements, and other
conditions set forth herein.
          This permit is granted in accordance with the application filed
on                  , 19	in the office of the   	       ,  and in
conformity with plans, specifications, and other data submitted to the
City in support of the above application.


                                        Effective Date: 	

                                        Expiration Date:	
                          Director, Public Works

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                                                      Page  2  of  7
                                                      Permit No.:
PART I - Wastewater Discharge Limitations  and Monitoring Requirements

          The industrial  user shall  comply with the effluent limitations
specified below by	19	.

                    MAXIMUM
                    MONTHLY                      SAMPLE         SAMPLE
     PARAMETER      AVERAGE       DAILY MAX      FREQUENCY      TYPE
                    mg/l UDS/day)  mg/H IDs/day)
note
Part I may require  2  sets  of  limitations:  interim and final  limits.
Example:   A facility  covered  by  2  sets of regulations with compliance
schedules 2 years apart.

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                                                      Page  3  of 7
                                                      Permit No.:


PART II - SPECIAL CONDITIONS/COMPLIANCE  SCHEDULES (Examples)


1.  If the results of sampling  reported  in  the permit application for  Total
Toxic Organic (TTO) are below .01 mg/1  (10  ppb), the Industrial  User can
develop a solvent management  plan.  If the User elects to develop a  plan,  it
will be developed within 90 days  from the effective date of this permit.
The plan will be submitted to the City for  review and approval.   Once
approved, the Industrial User must  comply with the plan and any  reporting
requirements specified by the city.

2.  The Industrial User shall develop,'within 6 months of the  effective date
of this permit, an accidental spill  prevention plan to eliminate or minimize
the accidental or slug discharge of pollutants into the sewer  system,  which
could have an effect on the City's  treatment plant, sludge, or cause the
City to violate its NPOES permit.

3.  The Industrial User shall construct  a sampling manhole within 9 months
of the effective date of this permit.

4.  In order to meet the wastewater discharge limitations specified in Part
I, the Industrial User will be  required  to  make in-plant process
modifications and install a treatment facility.  The following construction
schedule shall be adhered to  and reports on progress shall  be  submitted to
the City, as outlined in Part III:

          1.  Investigate in-plant  process  modifications         3  months
              and end of pipe treatment  options

          2.  Complete preliminary  A 4 E                         6  months
                                               «
          3.  Go out to bid                                      9  months

          4.  Secure equipment  and  begin construction            12 months

          5.  Complete installation                              16 months

          6.  Pretreatment system start-up                       17 months

          7.  Achieve final compliance                           18 months

5.  Discharge limitations in  Part I  are  adjusted categorical standards
derived from the Combined Wastestream Formula (Section 403.6(e)  of  the
General Pretreatment Regulations).   The  Industrial  User shall  monitor  on a
monthly basis the individual  flows  that  were utilized in the Combined
Uastestream Formula.

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                                                     Page  4 of  7
                                                     Permit No.:
PART III -  REPORTING REQUIREMENTS
     1.   The Industrial  User shall  notify the City immediately upon  any
     accidental  or slug  discharge to the  sanitary sewer as outlined  in the
     Accidental  Spill  section of the City's  Ordinance Number	.
     Formal  written notification discussing  circumstances and remedies shall
     be  submitted to the city within 5  days  of the occurence.

     2.   The Industrial  User shall  notify the City prior to the introduction
     of  new wastewater or pollutants or any  substantial change in the volume
     or  characteristics  of the wastewater being  introduced into the  POTW
     from the User's industrial  processes.   Formal written notification
     shall  follow within 30 days of such  introduction.

     3.   Any upset experienced by the Industrial User of its treatment that
     places it in a temporary state of  non-compliance with wastewater
     discharge limitations contained in this permit or other limitations
     specified in the  City's Ordinance  shall be  reported to the City within
     24  hours of first awareness of the commencement of the upset.  A
     detailed report shall  be filed within 5 days.

     4.   The Industrial  User is  required  to  submit to the City quarterly
     reports on  the results of its  sampling  of the pollutants specified in
     Part I  of this permit.   This report  shall also contain monthly flows  as
     required in Part  11.5.

     5.   Not later  than  fourteen (14) days following each date in the
     compliance  schedule,  the Industrial  User shall  submit a progress report
     to  the  City.   This  report must indicate whether or not the increment of
     progress was met  on the date,  the  reason(s) for any delay, and what
     steps  are being taken  by the User  to return to the schedule
     established.   In  no event shall more than (9) months elapse between
     such progress  reports  to the City.

     6.   Within  90  days  following the final  compliance date specified in
     Section I of this permit, the  Industrial User shall  submit a final
     compliance  report.   The Industrial User will be required to sample its
     wastewater  for the  pollutants  specified in Section I, and report
     compliance.  Any  reasons  for not complying and any steps being taken by
     the  User to comply  shall  be part of the report.

     7.   The Industrial  User shall  report completion of its
     sampling/monitoring  manhole.

     3.   All  reports shall  be  submitted to the following address:

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                                                      Page  5 of
                                                      Permit No.:
PART IV - STANDARD  CONDITIONS
     1.  The Industrial  User shall  comply with all the general prohibitive
discharge standards  in  Section	of the City Ordinance.

     2.  RIGHT OF ENTRY   -

          The Industrial  User shall,  after reasonable notification by the
City, allow the City or  its  representatives, exhibiting proper credentials
and identification,  to enter upon the premises of the User, at all
reasonable hours, for the purposes  of .inspection, sampling, or records
inspection.  Reasonable  hours in the  context of inspection and sampling
includes any time the Industrial User is operating any process which results
in a process wastewater  discharge to  the City's sewerage system.

     3.  RECORDS RETENTION
          The Industrial  user shall retain and preserve for no less than
three (3) years, any records, books,  documents, memoranda, reports,
correspondence and any and all  summaries thereof, relating to monitoring,
sampling and chemical analyses made by or in behalf of the user in
connection with its  disharge.

          b.  All records that pertain to matters that are the subject oP
special orders or any other  enforcement or litigation activities  brought by
the City shall  be retained and preserved by the Industrial User until  all
?-ifD.-;».!i»it j;>i >':;":>•; M-.ive  jj:Klj:]»jil dn-i ill psriods of limitation with
•"- ;;>-}.:!: to any and all appeals have expired.

     4.  CONFIDENTIAL INFORMATION

          Except for data determined  to be confidential under Section    of
the City's Ordinance, all reports required by this permit shall be avaif able
for public inspection at  the office of the	.

     5.  RECORDING OF RESULTS

          For each measurement or sample taken pursuant to the requirements
of this permit, the  user  shall  record the following information:

               a)  The exact place, date, and time of sampling;

               b)  The dates the analyses were performed;

               c)  The person(s) who  performed the analyses;

               d)  The analytical techniques or methods used; and

               e)  The results of all  required analyses.

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                                                       Page  6 of 7
                                                       Permit No.:
     6.  DILUTION
          No Industrial  User shall  increase the use  of potable or  process
water or, in any way, attempt to dilute a discharge  as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations
contained in this permit.

     7.  PROPER DISPOSAL OF PRETREATMENT SLUDGES AND SPENT CHEMICALS

          The disposal  of sludges and spent chemicals generated shall be
done in accordance with Section 405 of the Clean Water Act and Subtitles C
and D of the Resource Conservation and Recovery Act.

     8.  SIGNATORY REQUIREMENTS

          All reports required by this permit shall  be signed by a principal
executive officer of the User, or his designee.

     9.  REVOCATION OF PERMIT

          The permit issued to the Industrial  User by the City may be
revoked when, after inspection, monitoring or analysis it is determined that
the discharge of wastewater to the sanitary sewer is in violation of
Federal, State, or local laws, ordinances, or regulations.  Additionally,
falsification or intentional  misrepresentation of data or statements
pertaining to the permit application or any other required reporting form,
shall be cause for permit revocation.

     10.  LIMITATION ON PERMIT TRANSFER

          Wastewater discharge permits are issued to a specific user for a
specific operation and are not assignable to another user or transferrable
to any other location without the prior written  approval of the City.  Sale
of a User shall obligate the purchaser to seek prior written approval of the
City for continued discharge to the sewerage system.

     11.  FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT

          Knowingly making any false statement on any report or other
document required by this  permit or knowingly rendering any monitoring
device or method inaccurate,  may result in punishment under the criminal
laws of the City, as well  as being subjected to  civil  penalties and relief.

     12.  MODIFICATION OR REVISION  OF THE PERMIT

          a)  The terms and conditions of this permit may be subject to
modification by the City at any time as limitations  or requirements as
identified the City's Ordinance, are modified or other just cause exists.

          b)  This permit may also  be modified to incorporate special
conditions resulting from the issuance of a special  order.

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                                                       Page 7 Of 7
                                                       Permit No.:

          c)  The  terms  and conditions may be modified as a result  of  EPA
promulgating a  new federal  pretreatment  standard.

          d)  Any  permit modifications which result in new conditions  in the
permit shall include  a reasonable time schedule for compliance of necessary.

     13.  DUTY  TO  REAPPLY

          The City shall notify a User one hundred and eighty (180) days
prior to the expiration  of  the User's Permit.  Within ninety (90) days of
the notification,  the User  shall reapply for reissuance of the permit on a
form provided by the  City.

     14.  SEVERABILITY

          The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to other
circumstances,  and the remainder of this permit shall  not be affected
thereby.

     15.  PROPERTY RIGHTS

          The Issuance of this permit does not convey any property rights in
either real or  personal  property, or any exclusive privileges,  nor does it
authorize any invasion of personal rights, nor any infringement of Federal,
State or Local  regulations.

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              ATTACHMENT 7.2
PERMIT FOR NONCATEGORICAL USER DISCHARGING
       HIGH LOADING OF CONVENTIONALS

-------
                                FACT SHEET
1.   Facility manufactures french fries.

2.   Capable of discharging high loadings of

3.   Slug loads and accidental discharges frequently occur upsetting  the
     operation of the treatment plant.  Better control  over spillage  is
     needed.

4.   The City will do all the monitoring for the industry and charge  costs
     to the facility.  However, a sampling manhole is needed.

5.   The City's local limits will apply.

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                                                      Page 1 of  7
                                                      Permit No.: M-0001
                             City of Hilton
                        Department of Public Works
                       Wastewater Discharge Permit
Company Name:                             ABC Food Products

Division Name  (If Applicable)           	
Mailing Address                          14 Palmer Ave
                                       Street or P.O. Box

                                      ,  Milton Wa 12560
                                       City, State and Zip Code
Facility Address                         same as above
                                       Street Address
                                       City, State and Zip Code


          The above Industrial User is authorized to discharge industrial
wastewater to the City of Milton's sewer system in compliance with the
City's Ordinance Number  1089  , any applicable provisions of Federal or
State law or regulation, and  in accordance with discharge point(s),
effluent limitations, monitoring requirements, and other conditions set
forth herein.
          This permit is granted 1n accordance with the application filed
on October 1 , 1983 in the office of the Public Works Dept., and in
conformity with plans, specifications, and other data submitted to the
City in support of the above  application.


                                       Effective Date: November 30, 1983

                                       Expiration Date: November 30, 1988
                         Director, Public Works

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                                                       Page  2  of 7
                                                       Permit No.: M-0001
PART I - Wastewater  Discharge Limitations and Monitoring Requirements

          The industrial user shall comply with the effluent limitations
specified below by   December 1, 1984.

                     30 DAY                        SAMPLE        SAMPLE
     PARAMETER       AVERAGE        DAILY MAX      FREQUENCY      TYPE
                     mg/Ulbs/day)  mg/l(lbs/day)

     Flow(lOOOgpd)                                daily          measurement
     BOD5                          500            (2)
     F.O.G.                        100
note
    (1)  F.O.G. stands for fats, oil, and grease.
    (2)  The city will sample and charge the permittee  for the cost of
sampling and analysis.

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                                                      Page  3   of  7
                                                      Permit  No.: M-0001
PART II - SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
1.  The Industrial  User shall  develop,  within 6 months of the effective date
of this permit, an accidental  spill  prevention plan  to eliminate or minimize
the accidental  or slug discharge of  pollutants into  the  sewer system, which
could have an effect on the City's treatment plant,  sludge, or cause the
City to violate its NPDES permit.

2.  The Industrial  User shall  construct a  sampling manhole within 9 months
of the effective date of this  permit.

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                                                     Page 4 of 7
                                                     Permit No.: M-0001
PART III -  REPORTING REQUIREMENTS
     1.  The Industrial User shall notify the City immediately upon  any
     accidental or slug discharge to the sanitary sewer as outlined  in the
     Accidental Spill section of the City's Ordinance Number 1089  .   Formal
     written notification discussing circumstances and remedies shall be
     submitted to the city within 5 days of the occurence.

     2.  The Industrial User shall notify the City prior to the introduction
     of new wastewater or pollutants or any substantial  change in  the volume
     or characteristics of the wastewater being introduced into the  POTW
     from the User's industrial processes.  Formal  written notification
     shall follow within 30 days of such introduction.

     3.  The Industrial User shall report completion of its
     sampling/monitoring manhole.

     8.  All reports shall be submitted to the following address:
                              Mr. John Ashton
                              Public Works Director
                              City of Miton
                              P.O. Box 001
                              Milton Wa 12560

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                                                      Page 5   of  7
                                                      Permit No.: M-0001
PART IV - STANDARD CONDITIONS
     1.  The Industrial  User shall  comply with  all  the  general prohibitive
discharge standards in Section_4_of the City Ordinance.

     2.  RIGHT OF ENTRY

          The Industrial  User shall,  after reasonable notification by  the
City, allow the City or its representatives, exhibiting proper credentials
and identification, to enter upon the premises  of the User, at all
reasonable hours, for the purposes of inspection, sampling, or records
inspection.  Reasonable hours in the  context of inspection and sampling
includes any time the Industrial  User is operating  any  process which results
in a process wastewater discharge to  the City's sewerage system.

     3.  RECORDS RETENTION
          The Industrial  user shall retain and  preserve for no less than
three (3) years, any records, books,  documents, memoranda, reports,
correspondence and any and all  summaries thereof, relating to monitoring,
sampling and chemical  analyses made by or in behalf of  the user in
connection with its disharge.

          b.  All records that pertain to matters that  are the subject of
special orders or any other enforcement or litigation activities brought  by
the City shall  be retained and preserved by the Industrial User until  all
enforcement activities have concluded and all periods of limitation with
respect to any and all  appeals have expired.

     4.  CONFIDENTIAL INFORMATION

          Except for data determined  to be confidential  under Section  10  of
the City's Ordinance, all  reports required by this  permit shall be available
for public inspection at the office of the Public Works Director .

     5.  RECORDING OF RESULTS

          For each measurement or sample taken  pursuant to the requirements
of this permit, the user shall  record the following information:

               a)  The exact place, date, and time  of sampling;

               b)  The dates the analyses were  performed;

               c)  The person(s)  who  performed  the  analyses;

               d)  The analytical  techniques or methods used; and

               e)  The results of all  required  analyses.

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                                                       Page 6 of 7
                                                       Permit No.: M-0001.
     6.  DILUTION
          No Industrial User  shall  Increase the use of potable or process
water or, in any way, attempt to dilute a discharge as a partial  or complete
substitute for adequate treatment to achieve compliance with the  limitations
contained in this permit.

     7.  PROPER DISPOSAL OF PRETREATMENT SLUDGES AND SPENT CHEMICALS

          The disposal of sludges and spent chemicals generated shall be
done in accordance with Section 405 of the clean Water Act and Subtitles C
and D of the Resource Conservation  and Recovery Act.

     8.  SIGNATORY REQUIREMENTS

          All reports required by this permit shall be signed by  a principal
executive officer of the User, or his designee.

     9.  REVOCATION OF PERMIT

          The permit issued to the  Industrial User by the City may be
revoked when, after inspection, monitoring or analysis it is determined that
the discharge of wastewater to the  sanitary sewer is in violation of
Federal, State, or local laws, ordinances, or regulations.  Additionally,
falsification or intentional  misrepresentation of data or statements
pertaining to the permit application or any other required reporting form,
shall be cause for permit revocation.

     10.  LIMITATION ON PERMIT TRANSFER

          Wastewater discharge permits are issued to a specific user for a
specific operation and are not assignable to another user or transferable
to any other location without the prior written approval  of the City.  Sale
of a User shall obligate the  purchaser to seek prior written approval of the
City for continued discharge  to the sewerage system.

     11.  FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT

          Knowingly making any false statement on any report or other
document required by this permit or knowingly rendering any monitoring
device or method inaccurate,  may result in punishment under the criminal
laws of the City, as well as  being  subjected to civil penalties and relief.

     12.  MODIFICATION OR REVISION  OF THE PERMIT

          a)  The terms and conditions of this permit may be subject to
modification by the City at any time as limitations or requirements as
identified the City's Ordinance, are modified or other just cause exists.

          b)  This permit may also be modified to incorporate special
conditions resulting from the issuance of a special order.

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                                                       Page 7 of 7
                                                       Permit No.: M-0001


          c)  The terms and conditions  may  be modified  as a result of EPA
promulgating a new federal  pretreatment standard.

          d)  Any permit modifications  which result in  new conditions in the
permit shall Include a reasonable time  schedule for compliance of necessary.

     13.  DUTY TO REAPPLY

          The City shall  notify a User  one  hundred and  eighty (180) days
prior to the expiration of the User's Permit.  Within ninety (90) days of
the notification, the User shall  reapply for reissuance of the permit on a
form provided by the City.

     14.  SEVERABILITY

          The provisions of this  permit are severable,  and if any provision
of this permit, or the application of any provision of  this permit to any
circumstance, 1s held invalid, the application of such  provision to other
circumstances, and the remainder  of this permit shall not be affected
thereby.

     15.  PROPERTY RIGHTS

          The issuance of this permit does  not convey any property rights in
either real  or personal  property, or any exclusive privileges, nor does it
authorize any invasion of personal  rights,  nor any infringement of Federal,
State or Local regulations.

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              ATTACHMENT 7.3
PERMIT FOR NONCATEGORICAL USER DISCHARGING
            HIGH LEVELS OF ZINC

-------
                                FACT SHEET
1.   Facility manufactures pails.  The only process  discharge is from the
     galvanizing operation.
2.   Discharge 1s batched.
3.   Facility cannot meet local limit for In (4.0 mg/1).  A small
     treatment system will be constructed.
4.   Accidental discharges and spills of spent  solution and chemicals is
     possible.
                          t
5.   The user will conduct its own sampling.
6.   A sampling manhole needs to be constructed.

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                                                      Page 1 of  7
                                                      Permit No.: M-0002
                             City of Hilton
                        Department of Public Works
                       Wastewater  Discharge Permit
Company Name:                            ABC Metal  Products

Division Name (If Applicable)           	._
Mailing Address                          34 Spa!ding  St
                                        Street  or  P.O. Box

                                     '    Milton Ua   12560
                                        City,  State  and Zip Code

Facility Address                         (same as  above)	
                                        Street Address
                                        City,  State  and Zip Code


          The above Industrial  User is authorized  to discharge industrial
wastewater to the City of Hilton's sewer system in compliance with the
City's Ordinance Number 1089 ,  any applicable  provisions of Federal or
State law or regulation, and in accordance  with discharge point(s),
effluent limitations, monitoring requirements,  and other conditions set
forth herein.
          This permit is granted in accordance  with  the application filed
on June 1 , 1983 in the office  of the Public Works Dept., and in
conformity witTTplans, specifications, and  other data submitted to the
City in support of the above application.


                                        Effective  Date: July 15. 1983

                                        Expiration Date; July 15. 1988
                         Director,  Public  Works

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                                                       Page  2  of 7
                                                       Permit No.: M-0002


PART I - Wastewater Discharge  Limitations and Monitoring Requirements

          The industrial user  shall comply with the effluent limitations
specified below by October  15,1984.

                    30 DAY                        SAMPLE         SAMPLE
     PARAMETER      AVERAGE        DAILY MAX      FREQUENCY      TYPE
                    mg/l(lbs/day)  mg/1 Ubs/day)

     Flow(lOOOgpd)                                daily          recording
     In                            4.0            1/month        24-hr
                                                                 composite

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                                                     Page  3 of 7
                                                     Permit No.: M-0002
PART II - SPECIAL CONDITIONS/COMPLIANCE  SCHEDULES
1.  The Industrial  User shall  develop, within 6 months of the effective date
of this permit, an  accidental  spill  prevention plan to eliminate or minimize
the accidental  or slug discharge of  pollutants into the sewer system, which
could have an effect on the City's treatment plant, sludge, or cause the
City to violate its NPDES permit.
2.  The Industrial  User shall  construct a sampling manhole within 9 months
of the effective date of this  permit.
3.  In order to meet the wastewater  discharge limitations specified in Part
I, the Industrial User will  be required to make in-plant process
modifications and install  a treatment facility.  The following construction
schedule shall  be adhered to and reports on progress shall be submitted to
the City, as outlined in Part  III:
          1.  Investigate in-plant process modifications         3 months
              and end of pipe  treatment options
          2.  Complete preliminary A & E                         6 months
          3.  Go out to bid                                     7 months
          4.  Secure equipment and begin construction            9 months
          5.  Complete installation                              13 months
          6.  Pretreatment system start-up                       14 months
          7.  Achieve final  compliance                           15 months

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                                                     Page 4 of 7
                                                     Permit No.: M-0002
PART III -  REPORTING REQUIREMENTS
     1.  The Industrial User shall notify the City immediately upon  any
     accidental or slug discharge to the sanitary sewer as outlined  in the
     Accidental Spill section of the City's Ordinance Number 1089 .   Formal
     written notification discussing circumstances and remedies shall be
     submitted to the city within 5 days of the occurence.

     2.  The Industrial User shall notify the City prior to the introduction
     of new wastewater or pollutants or any substantial  change in the volume
     or characteristics of the wastewater being introduced into the  POTW
     from the User's industrial processes.  Formal written notification
     shall follow within 30 days of such introduction.

     '3. [Any upset experienced by the Industrial User of its treatment that,,.
     places it in a temporary state of non-compliance with wastewater
     discharge limitations contained in this permit or other limitations
     specified in the City's Ordinance shall be reported to the City within
     24 hours of first awareness of the commencement of the upset.   A
     detailed report shall be filed within 5 days.

     4.  The Industrial User is required to submit to the City quarterly
     reports on the results of its sampling of the pollutants specified in
     Part I of this permit.

     5.  Not later than fourteen (14) days following each date in the
     compliance schedule, the Industrial User shall  submit a progress report
     to the City.  This report must indicate whether or not the increment of
     progress was met on the date, the reason(s) for any delay, and  what
     steps are being taken by the User to return to the schedule
     established.  In no event shall more than (9) months elapse between
     such progress reports to the City.

     6.  Within 90 days following the final compliance date specified in
     Section I of this permit, the Industrial User shall submit a final
     compliance report.  The Industrial User will  be required to sample its
     wastewater for the pollutants specified in Section I, and report
     compliance.  Any reasons for not complying and any steps being  taken by
     the User to comply shall be part of the report.

     7.  The Industrial User shall report completion of its
     sampling/monitoring manhole.

     8.  All reports shall be submitted to the following address:

                              Mr John Ashton, Director
                              Public Works Dept.
                              City of Milton
                              P.O. Box 001
                              Milton Wa 12560

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                                                      Page. 5  of 7
                                                      Permit No.: M-0002
PART IV - STANDARD CONDITIONS
     1.  The Industrial User shall comply with all  the  general  prohibitive
discharge standards in Sect1on_4_of the City Ordinance.

     2.  RIGHT OF ENTRY

          The Industrial User shall, after reasonable notification by the
City, allow the City or its representatives, exhibiting proper credentials
and identification, to enter upon the premises of the User,  at all
reasonable hours, for the purposes of inspection, sampling,  or records
inspection.  Reasonable hours in the context of inspection and sampling
includes any time the Industrial User is operating  any  process which results
in a process wastewater discharge to the City's sewerage system.

     3.  RECORDS RETENTION
          The Industrial user shall retain and preserve for  no less than
three (3) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or in behalf of  the user in
connection with its disharge.

          b.  All records that pertain to matters that  are the subject of
special orders or any other enforcement or litigation activities  brought .by
the City shall be retained and preserved by the Industrial User until  all
enforcement activities have concluded and all  periods of limitation with
respect to any and all appeals have expired.

     4.  CONFIDENTIAL INFORMATION

          Except for data determined to be confidential  under Section 10 of
the City's Ordinance, all reports required by this  permit shall be available
for public inspection at the office of the Public Works Director  .
/    §.  RECORDING OF RESULTS
          For each measurement or sample taken  pursuant to  the requirements
of this permit, the user shall record the following  information:

               a).  The exact pl-ace, date, and time of sampling;
          \
         ^    b)-. The dates the analyses were  performed;

               c)-  The person(s) who performed  the analyses;

               d)  The analytical techniques  or methods used;  and

               e)  The results of all  required  analyses.

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                                                       Page 6 of 7
                                                       Permit No.: M-0002
     6.   DILUTION
           No  Industrial  User shall  Increase the use of potable or process
water  or,  1n  any way, attempt to dilute a  discharge as a partial  or complete
substitute for adequate  treatment to achieve compliance with the  limitations
contained  in  this permit.

     7.  PROPER DISPOSAL OF PRETREATHENT SLUDGES AND SPENT CHEMICALS

           The disposal of  sludges and spent chemicals generated shall be
done in accordance with  Section  405 of the Clean Water Act and Subtitles C
and D  of the  Resource Conservation and Recovery Act.

     8.  SIGNATORY REQUIREMENTS

           All  reports required by this permit shall be signed by  a  principal
executive  officer of the User, or his designee.

 X  9.  REVOCATION OF PERMIT

           The permit issued to the Industrial User by the City may  be
revoked when,  after inspection,  monitoring or analysis it is determined that
the discharge of wastewater to the sanitary sewer is in violation of
Federal, State,  or local laws, ordinances, or regulations.   Additionally,
falsification or intentional  misrepresentation of data or statements
pertaining to the permit application or any other required reporting form,
shall  be cause for permit  revocation.

     10.   LIMITATION ON  PERMIT TRANSFER

           Wastewater discharge permits are issued to a specific user for a
specific operation and are not assignable  to another user or transferable
to any other  location without the prior written approval  of the City.  Sale
of a User  shall  obligate the  purchaser to  seek prior written approval of the
City for continued discharge  to  the sewerage system.

     11.   FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT

           Knowingly making any false statement on any report or other
document required by this  permit or knowingly rendering any monitoring
device or  method inaccurate,  may result in punishment under the criminal
laws of the City, as well  as  being  subjected to civil  penalties and relief.

     12.   MODIFICATION OR  REVISION  OF  THE  PERMIT

           a)   The terms  and conditions of  this permit may be subject to
modification  by  the City at any  time as limitations or requirements as
identified the City's Ordinance,  are modified or other just cause exists.

           b)   This permit  may also  be  modified to incorporate special
conditions resulting from  the issuance of  a special order.

-------
                                                      Page  7  of  7
                                                      Permit  No.:  M-0002


          c)  The terms and conditions may be modified as a  result  of  EPA
promulgating a new federal  pretreatment standard.

          d)  Any permit modifications which  result in new conditions  in the
permit shall include a reasonable time schedule  for compliance of necessary.

     13.  DUTY TO REAPPLY

          The City shall notify a User one hundred  and eighty  (180) days
prior to the expiration of  the User's Permit.  Within ninety (90) days of
the notification, the User  shall  reapply for  reissuance of the permit on a
form provided by the City.

     14.  SEVERABILITY

          The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit  to any
circumstance, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit  shall not be affected
thereby.

    <15.  PROPERTY RIGHTS

          The issuance of this permit does not convey any property  rights in
either real  or personal  property, or any exclusive  privileges, nor does it
authorize any invasion of personal  rights, nor any  infringement of Federal,
State or Local regulations.

-------
           ATTACHMENT 7.4
     PERMIT FOR CATEGORICAL USER
FEDERAL STANDARDS NOT YET PROMULGATED

-------
                                FACT  SHEET
1.   The facility is a medium size electroplating shop.   It performs Cd,
     Cr, Ni, plating.

2.   There are two other waste streams both not related  to plating lines
     (non-contact cooling water and sanitary).

3.   Discharge of all wastewater is to one common pipe leaving  the plant
     site.

4.   Federal categorical standards for electroplating will  not  be
     published for 2 years.  The City's local limits for heavy  metals and
     cyanide will apply.  Refer to Chapter 4 for the list of local limits
     used for this example.  [The reader should remember that this is only
     a hypothetical example to show how a city can apply its own local
     limits when a categorical standard has not been promulgated]

5.   The City will perform all the monitoring and charge the facility for
     cost of monitoring.

6.   The facility cannot meet local limits.  Installation of treatment and
     in-plant process changes needed.

7.   Sampling manhole needed.

8.   Potential for spills is exists.

     Note; This permit may need to be modified when the  EPA promulgates
     the federal standard in question, i_f they happen to be more stringent
     than the local standards.

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                                                      Page 1 of 7
                                                      Permit No.: M-0003
                             City of Milton
                        Department of  Public Works
                       Wastewater Discharge Permit
Company Name:                            ABC Fasteners	

Division Name (If Applicable)            Wilson Products Inc.

Mailing Address                         36 Birch St
                                        Street or P.O. Box

                                        Maple Valley N.Y. 00126
                                        City, State and Zip Code

Facility Address                        1526 Ann St
                                       Street Address

                                       Milton WA  12560
                                       City, State and Zip Code


          The above Industrial  User  is authorized to discharge industrial
wastewater to the City  of Milton's sewer system in compliance with the
City's Ordinance Number 1089, any applicable provisions of Federal or
State law or regulation,  and in accordance with discharge point(s),
effluent limitations, monitoring requirements, and other conditions set
forth herein.
          This permit is  granted in  accordance with the application filed
on April 6. 1982 in the office  of the Public Works Director, and in
conformity with plans,  specifications, and other data submitted to the
City in support of the  above application.


                                       Effective Date:  June 15, 1982

                                       Expiration Date: June 15, 1987
                         Director,  Pubnc Works

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                                                       Page 2   of 7
                                                       Permit No.: M-0003
PART I - Wastewater Discharge Limitations and Monitoring Requirements

          The  industrial  user shall  comply with the effluent limitations
specified below  by  December 15.  1983.
     PARAMETER
     Flow(mgd)
     Cd (1)
     Pb
     Zn
     Cn
     Cu
     Ni
     Cr
30 DAY
AVERAGE
DAILY MAX
                     mgTTTTFs/ day)   mg/1 (1 bs/day)
 .,5
 .1
0.
0'.
4.0
3.0
2.0
3.0
5.0
               SAMPLE
               FREQUENCY
                             continuous
                             (2)
SAMPLE
TYPE
                             recording
note
    (1)  All pollutant  parameters  to be  reported as total.
    (2)  The city will  perform all monitoring and charge the Industrial  user
for costs relating to sampling and analysis.

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                                                     Page 3  of  7
                                                     Permit No.: M-0003
PART II - SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
1.  The Industrial  User shall  develop,  within  6 months of the effective  date
of this permit, an accidental  spill  prevention plan  to eliminate or minimize
the accidental  or slug discharge of  pollutants into  the sewer system, which
could have an effect on the City's treatment plant,  sludge, or cause the
City to violate Its NPDES permit.

2.  The Industrial  User shall  construct a  sampling manhole within 9 months
of the effective date of this  permit.

3.  In order to meet the wastewater  discharge  limitations specified in Part
I, the Industrial User will  be required to make in-plant process
modifications and install  a treatment facility.  The following construction
schedule shall  be adhered to and reports on  progress shall be submitted  to
the City, as outlined in Part  III:

          1.  Investigate 1n-plant process modifications         3 months
              and end of pipe  treatment options

          2.  Complete preliminary A &  E                        6 months

          3.  Go out to bid                                     9 months

          4.  Secure equipment and begin construction            12 months

          5.  Complete installation                              16 months

          6.  Pretreatment system start-up                      17 months

          7.  Achieve final  compliance                           18 months

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                                                     Page 4 of 7
                                                     Permit No.: M-0003
PART III -  REPORTING  REQUIREMENTS
     1.  The Industrial  User  shall  notify the City immediately upon  any
     accidental or  slug  discharge  to  the sanitary sewer as outlined  in the
     Accidental Spill  section of the  City's Ordinance Number 1089 .   Formal
     written notification  discussing  circumstances and remedies shall be
     submitted to the  city within  5 days of the occurence.

     2.  The Industrial  User  shall  notify the City prior to the introduction
     of new wastewater or  pollutants  or any substantial  change in the volume
     or characteristics  of the wastewater being introduced into the  POTW
     from the User's industrial processes.  Formal written notification
     shall follow within 30 days of such introduction.

     3.  Any upset  experienced by  the Industrial User of its treatment that
     places it in a temporary state of non-compliance with wastewater
     discharge limitations contained  in this permit or other limitations
     specified in the  City's  Ordinance shall be reported to the City within
     24 hours of first awareness of the commencement of the upset.   A
     detailed report shall be filed within 5 days.

     4.  Not later  than  fourteen (14)  days following each date in the
     compliance schedule,  the Industrial User shall  submit a progress report
     to the City.   This  report must indicate whether or not the increment of
     progress was met  on the  date,  the reason(s) for any delay, and  what
     steps are being taken by the  User to return to the schedule
     established.   In  no event shall  more than (9) months elapse between
     such progress  reports to the  City.

     5.  Within 90  days  following  the final compliance date specified in
     Section I of this permit, the  Industrial User shall  submit a final
     compliance report.  The  Industrial User will  be required to sample its
     wastewater for the  pollutants  specified in Section I, and report
     compliance.  Any  reasons for  not complying and any steps being  taken by
     the User to comply  shall be part of the report.

     7.  The Industrial  User  shall  report completion of its
     sampl i ng/moni tori ng manhole.

     8.  All reports shall be submitted to the following address:

                         Mr.  John  Ashton, Director
                         Public Works  Dept.
                         City of Milton
                         P.O. Box  001
                         Milton WA 12560

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                                                      Page  5   of 7
                                                      Permit  No.:  M-0003
PART IV - STANDARD CONDITIONS

     1.  The Industrial  User shall  comply with all  the  general  prohibitive
discharge standards in Section 4 of the City Ordinance.

     2.  RIGHT OF ENTRY
                                                   *
          The Industrial  User shall,  after reasonable notification  by  the
City, allow the City or its representatives, exhibiting proper  credentials
and identification, to enter upon the premises of the User, at  all
reasonable hours, for the purposes of inspection, sampling, or  records
inspection.  Reasonable hours in the  context of inspection and  sampling
includes any time the Industrial User is operating any  process  which results
in a process wastewater discharge to  the City's sewerage system.

     3.  RECORDS RETENTION
          The Industrial  user shall retain and preserve for no  less than
three (3) years, any records, books,  documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or in behalf of  the user in
connection with its disharge.

          b.  All records that pertain to matters that  are the  subject of
special orders or any other enforcement or litigation activities brought  by
the City shall be retained and preserved by the Industrial User until  all
enforcement activities have concluded and all  periods of limitation with
respect to any and all appeals have expired.

     4.  CONFIDENTIAL INFORMATION

          Except for data determined  to be c'onfidential under Section  10  of
the City's Ordinance, all reports required by this  permit shall be  available
for public inspection at the office of the Public Works Director .

     5.  RECORDING OF RESULTS

          For each measurement or sample taken pursuant to the  requirements
of this permit, the user shall record the following information:

               a)  The exact place, date, and time  of sampling;

               b)  The dates the analyses were performed;

             .  c)  The person(s) who  performed the  analyses;

               d)  The analytical  techniques or methods used; and

               e)  The results of all  required analyses.

-------
                                                       Page 6 of 7
                                                       Permit No.: M-0003
     6.  DILUTION
          No Industrial User shall  Increase the use of potable or process
water or, in any way, attempt to dilute a discharge as a partial  or  complete
substitute for adequate treatment to achieve compliance with the  limitations
contained in this permit.

     7.  PROPER DISPOSAL OF PRETREATMENT SLUDGES AND SPENT CHEMICALS

          The disposal of sludges and spent chemicals generated shall be
done in accordance with Section 405 of the Clean Water Act and Subtitles C
and D of the Resource Conservation and Recovery Act.

     8.  SIGNATORY REQUIREMENTS

          All reports required by this permit shall  be signed by  a principal
executive officer of the User, or his designee.

     9.  REVOCATION OF PERMIT

          The permit issued to the Industrial User by the City may be
revoked when, after inspection, monitoring or analysis it is determined that
the discharge of wastewater to the sanitary sewer is in violation of
Federal, State, or local laws, ordinances, or regulations.   Additionally,
falsification or intentional misrepresentation of data or statements
pertaining to the permit application or any other required reporting form,
shall be cause for permit revocation.

     10.  LIMITATION ON PERMIT TRANSFER

          Wastewater discharge permits are issued to a specific user for a
specific operation and are not assignable to another user or transferable
to any other location without the prior written approval  of the City.  Sale
of a User shall obligate the purchaser to seek prior written approval of the
City for continued discharge to the sewerage system.

     11.  FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT

          Knowingly making any false statement on any report or other
document required by this permit or knowingly rendering any monitoring
device or method inaccurate, may result in punishment under the criminal
laws of the City, as well as being subjected to civil penalties and  relief.

     12.  MODIFICATION OR REVISION OF THE PERMIT

          a)  The terms and conditions of this permit may be subject to
modification by the City at any time as limitations or requirements  as
identified the City's Ordinance, are modified or other just cause exists.

          b)  This permit may also be modified to incorporate special
conditions resulting from the issuance of a special  order.

-------
                                                      Page 7 of 7
                                                      Permit No.: M-0003


          c)   The  terms and conditions may be modified as a result of EPA
promulgating  a new federal pretreatment standard.

          d)   Any  permit modifications which result in new conditions in the
permit shall  include a reasonable time schedule for compliance of necessary.

     13.   DUTY TO  REAPPLY

          The City shall notify a User one hundred and eighty (180) days
prior to the  expiration of the User's Permit.  Within ninety (90) days of
the notification,  the User shall reapply for reissuance of the permit on a
form provided by the City.

     14.   SEVERABILITY

          The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit shall  not be affected
thereby.

     15.   PROPERTY RIGHTS

          The issuance of this permit does not convey any property rights in
either real or personal property, or any exclusive privileges, nor does it
authorize any invasion of personal rights, nor any infringement of Federal,
State or Local regulations.

-------
            ATTACHMENT 7.5
PERMIT FOR CATEGORICAL INTEGRATED USER
  WITH PROMULGATED FEDERAL STANDARDS

-------
                                 FACT SHEET
1.   This facility 1s described 1n Chapter  4,  pp. 4-4.

2.   The EPA has only promulgated  the  electroplating standards.

3.   The City needs to compare its local  limits against the promulgated
     electroplating federal  standard.   The  data and comparison is shown
     be!ow.

3.   The facility's flow is  quite  large and variable.

4.   The facility has provided flow information so that adjusted federal
     limits can be calculated  using the combined waste stream formula.   As
     part of its on-going monitoring of its waste discharges, it will  have
     to continue to measure  those  flows utilized in the calculations.

5.   The facility has a  pretreatment facility  and is meeting the applicable
     standards(that is,  local  and/or federal,  whichever are more stringent)
     and has a sampling  manhole.

6.   Potential for accidental  spills of plating baths and chemicals  exists.

7.   The facility has measured the TTO in its  effluent and it is below
     .01 mg/1 (lOppb).   It will  develop a solvent management plan.
(F-j)      Regulated flows:          .05 mgd
          Non-Regulated flows:      .01 mgd
(F(j)      Dilution flows:           .04 mgd
(Ft)      Total flow:               .1  mgd
[Dilution flow is  the  sun
of non-contact cooling
water, sanitary, and ca-
feteria wastes]
Combined waste stream formula
                        1=1-
                             ^cFL
                C  -
                  t
     Ci = federal categorical  pretreatment standard
     Ct = adjusted federal pretreatment  standard

-------
 Calculating  for one  federal  standard  (Cadmium) the formula would be as
 follows:
c^
                         Ft - Fd
               1.2 mg/1 x .05 mgd  x .1 mgd - .04 mgd
                      .05 mgd.1 mgd
                .72 mg/1


     Note;      Same calculation performed for all pollutants listed in the
                electroplaing standards (40 CFR 413).
                         Adjusted  federal standards
Pollutant

   Cd
   Pb
   N1
   Cr
   Zn
   Cu
   Cn
   TTO

Total metals
Promul gated
Federal
Standard
(q)
4 day avg.
.7
.4
2.6
4.0
2.6
2.7
1.0
Adjusted
Federal
Standard
(Ct)
4 day avg.
.42
.24
1.62
2.4
1.56
1.62 -
.6
Promul gated
Federal
Standard
(Ci)
daily max.
1.2
.6
4.1
7.0
4.2
4.5
1.9
2.13
Adjusted
Federal
Standard
(Ct)
dally max.
.72
.36
2.46
4.20
2.52
2.70
1.14
2.13
 6.8
4.08
10.5
6.30
Note; The average limitations contained 1n  the  promulgated electroplating
standards are expressed as maximum 4 day averages.   The promulgated 4-day
average values were adjusted using the Combined Wastestream Formula,
because the industrial  facility is treating all  wastewaters including the
dilution flows.

-------
       t  Selection of Applicable Standard
(local  maximums vs.  federal adjusted max. limits)
           (A)                  (B)
Adjusted Federal  Max.       Local Max.
                                                      (0
                                           Applicable standard
                                           (most stringent of
                                           column A or B)
                                             0,
                                             0.
                                             2.46
                                             4.2
                                             2.52
                                             2.0
                                             1.14
                                                     (Local)
                                                     (Local)
                                                     (Federal)
                                                     (Federal )
                                                     (Federal)
                                                     (Local)
                                                     (Federal)
Pollutant

   Cd                   .72                 0.5
   Pb                   .36                 0.1
   Ni                  2.45                 3.0
   Cr                  4.20              •'  5.0
   Zn                  2.52                 4.0
   Cu                  2.70                 2.0
   Cn                  1.14                 3.0
   TTO                 2.13

Total metals           "5.3

Note;

   SI nee the POTW only  has maximum  limits  for metals and cyanide, the
   maximum 4-day average limits  in .the  permit will be the adjusted federal
   average limits from  the previous  tabl.e.

   Local maximum limits for this  POTW can  be  found in Chapter 4, pp. 4-8,
   Column C.

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                                                       Page 1  of 7
                                                       Permit No.: M-0004
                              City  of  Milton
                        Department of~PubT7c~Works
                        Wastewater  Discharge  Permit
Company Name:                            Acme Plating Co.

Division Name (If Applicable)           	
Mailing Address                          2216 Fig Tree Blvd
                                        Street or P.O. Box

                                        'Milton WA  12560
                                        City, State and Zip Code

Facility Address                          (same as above)	
                                        Street Address
                                        City,  State and Zip  Code


          The above Industrial  User is authorized to discharge  industrial
wastewater to the City of Milton's sewer system in compliance with  the
City's Ordinance Number 1083 ,  any applicable  provisions of  Federal  or
State law or regulation, and in accordance with discharge  point(s),
effluent limitations,  monitoring requirements,  and other conditions  set
forth herein.
          This permit  is granted in accordance  with the application  filed
on August 1. 1982 in the office of the Public  Works Director, and in
conformity with plans, specifications, and other data submitted to  the
City in support of the above application.


                                        Effective Date: October 1,  1982

                                        Expiration Date: October 1.  1987
                         Director,  Public  Works

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                                                       Page 2   of 7
                                                       Permit No.:  M-0004
PART I - Wastewater Discharge Limitations  and Monitoring Requirements

          The industrial user shall comply with the effluent limitations
specified below by June 30, 1984.
     PARAMETER
     Flow(mgd)
     Cdfl)

     Pb
     Ni
     Cr
     Zn
     Cu
     Cn
     TTO
Tot.il Metals
 MAXIMUM
 4 DAY(2)
 AVERAGE
              DAILY MAX
                    mg/l(lbs/day)  mg/Hlbs/day)
0.42

0.24
1,
2.
1,
1.
0.
55
4
56
52
6
4.08
   0.5

   0.1
   2.46
   4.2
   2.52
   2.7
   1.14
(3)
  10.5
                   SAMPLE(4)
                   FREQUENCY
                             continuous
                             2/month
SAMPLE
TYPE
recording
24 hr
composite
                             (3)
                             2/month
Notes

     (1)  All metals and cyanide to be reported as total.
     (2)  Promulgated 4-day averages in 40 CFR 413 adjusted using  the
Combined Wastestream Formula.
     (3)  The permittee shall develop a solvent management plan  in  lieu  of
having to comply with the effluent limitation.  Refer to Part II.1  for
further requirements on the solvent management plan.
     (4)  The city may reduce the frequency of sampling based on the
analytical results submitted by the permittee.

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                                                      Page 3  of 7
                                                      Permit No.: M-0004
PART II - SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
1.  If the results of sampling reported in the permit application for Total
Toxic Organic (TTO) are below .01  mg/1  (10 ppb), the Industrial  User can
develop a solvent management pla/i. If the User elects to develop a plan, it
will be developed within 90 days from the effective date of this permit.
The plan will be submitted to the  City  for review and approval.   Once
approved, the Industrial User must comply with the plan and any  reporting
requirements specified by the city.

2.  The Industrial User shall develop,  within 6 months of the effective date
of this permit, an accidental spill prevention plan to eliminate or minimize
the accidental or slug discharge of pollutants into the sewer system, which
could have an effect on the City's treatment plant, sludge, or cause the
City to violate its NPDES permit.

3.  The Industrial User shall construct a sampling manhole within 9 months
of the effective date of this permit.

4.  Discharge limitations in Part  I are adjusted categorical standards
derived from the Combined Wastestream Formula (Section 403.6(e)  of the
General Pretreatment Regulations).  The Industrial User shall monitor on a
monthly basis the individual flows that were utilized in the Combined
Wastestream Formula.

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                                                      Page 4 of 7
                                                      Permit No.: M-0004
PART III -  REPORTING  REQUIREMENTS
     1.  The Industrial  User shall  notify the City immedia.tely upon any
     accidental or slug  discharge to the sanitary sewer as outlined in the
     Accidental Spill  section of the City's Ordinance Number 1089 .  Formal
     written notification  discussing circumstances and remedies shall be.
     submitted to the  city within 5 days of the occurence.

     2.  The Industrial  User shall  notify the City prior to the introduction
     of new wastewater or  pollutants or any substantial change in the volume
     or characteristics  of the wastewater, being introduced into the POTW
     from the User's industrial  processes.   Formal written notification
     shall follow within 30 days of such introduction.

     3.  Any upset experienced by the Industrial User of its treatment that
     places it in a temporary state of non-compliance with wastewater
     discharge limitations contained in this permit or other limitations
     specified in the  City's Ordinance shall  be reported to the City within
     24 hours of first awareness of the commencement of the upset.  A
     detailed report shall  be filed within  5 days.

     4.  The Industrial  User is  required to submit to the City quarterly
     reports on the results of its  sampling of the pollutants specified in
     Part I of this permit.   This report shall also contain monthly flows as
     required in Part  II.5.

     5.  Within 90 days  following the final  compliance date specified in
     Section I of this permit, the  Industrial  User shall submit a final
     compliance report.  The Industrial  User will be required to sample its
     wastewater for the  pollutants  specified in Section I, and report
     compliance.  Any  reasons for not complying and iny steps being taken by
     the User to comply  shall  be part of the report.

     6.  All reports shall  be submitted to  the following address:
                         Mr. John  Ashton,  Director
                         Public  Works  Dept.
                         City  of Milton
                         P.O.  Box  001
                         Milton  WA 12560

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                                                      Page 5  of 7
                                                      Permit No.: M-0004
PART IV - STANDARD CONDITIONS
     1.  The Industrial User shall comply with all the general prohibitive
discharge standards In Section 4 of the City Ordinance.
     2.  RIGHT OF ENTRY
          The Industrial User shall, after reasonable notification by the
City, allow the City or Its representatives, exhibiting proper credentials
and Identification, to enter upon the premises of the User,  at all
reasonable hours, for the purposes of Inspection, sampling,  or records
Inspection.  Reasonable hours 1n the context of Inspection and sampling
Includes any time the Industrial User 1s operating any process which results
1n a process wastewater discharge to the City's sewerage system.
     3.  RECORDS RETENTION
          The Industrial user shall retain and preserve for  no less than
three (3) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or in behalf of the user in
connection with Its dlsharge.
          b.  All records that pertain to matters that are the subject of
special orders or any other enforcement or litigation activities  brought by
the City shall  be retained and preserved by the Industrial User until all
enforcement activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
     4.  CONFIDENTIAL INFORMATION
          Except for data determined to be confidential under Section 10 of
the City's Ordinance, all reports required.by this permit shall  be available
for public inspection at the office of the Public Works Director.
     5.  RECORDING OF RESULTS
          For each measurement or sample taken pursuant to the requirements
of this permit, the user shall record the following Information:
               a)  The exact place, date, and time of sampling;
               b)  The dates the analyses were performed;
               c)  The person(s) who performed the analyses;
               d)  The analytical techniques or methods used; and
               e)  The results of all  required analyses.

-------
                                                       Page 6 of 7
                                                       Permit No.: M-0004
     6.  DILUTION
          No  Industrial  User shall  increase the use of potable or process
water or, in  any way,  attempt to dilute a discharge as a partial or complete
substitute for adequate  treatment to  achieve compliance with the limitations
contained in  this permit.
     7.  PROPER DISPOSAL OF PRETREATMENT SLUDGES AND SPENT CHEMICALS
          The disposal of sludges and spent chemicals generated shall  be
done in accordance with  Section 405 of the Clean Water Act and Subtitles C
and D of the  Resource  Conservation and Recovery Act.
     8.  SIGNATORY REQUIREMENTS
          All reports  required by this permit shall be signed by a principal
executive officer of the User, or his designee.
     9.  REVOCATION OF PERMIT
          The permit issued to the Industrial  User by the City may be
revoked when, after inspection, monitoring or analysis it 1s determined that
the discharge of wastewater to the sanitary sewer is in violation of
Federal, State, or local  laws, ordinances, or regulations.  Additionally,
falsification or intentional  misrepresentation of data or statements
pertaining to the permit application  or any other required reporting form,
shall be cause for permit revocation.
     10.  LIMITATION ON  PERMIT TRANSFER
          Wastewater discharge permits are issued to a specific user for a
specific operation and are not assignable to another user or transferable
to any other  location  without the prior written approval  of the City.   Sale
of a User shall obligate the purchaser to seek prior written approval  of the
City for continued discharge to the sewerage system.
     11.  FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT
          Knowingly making any false  statement on any report or other
document required by this  permit or knowingly rendering any monitoring
device or method inaccurate,  may result in punishment under the criminal
laws of the City, as well  as  being subjected to civil penalties and relief.
     12.  MODIFICATION OR REVISION OF THE PERMIT
          a)  The terms  and conditions of this permit may be subject to
modification by the City at any time  as limitations or requirements as
identified the City's  Ordinance, are  modified or other just cause exists.
          b)  This permit may also be modified to incorporate special
conditions resulting from the issuance of a special order.

-------
                                                       Page 7 of 7
                                                       Permit No.: M-0004
          c)  The terms and conditions may be modified as a result of EPA
promulgating a new federal pretreatment standard.

          d)  Any permit modifications which result in new conditions in the
permit shall include a reasonable time schedule for compliance of necessary.

     13.  DUTY TO REAPPLY

          The City shall notify a User one hundred and eighty (180) days
prior to the expiration of the User's Permit.  Within ninety (90) days of
the notification, the User shall reapply ,for relssuance of the permit on a
form provided by the City.              '

     14.  SEVERABILITY

          The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be affected
thereby.

     15.  PROPERTY RIGHTS

          The Issuance of this permit does not convey any property rights in
either real  or personal property, or any exclusive privileges, nor. does it
authorize any invasion of personal rights, nor any infringement of Federal ,
State or Local regulations.

-------
            ATTACHMENT 7.6
PERMIT FOR CATEGORICAL INTEGRATED USER
         TWO SETS OF STANDARDS

-------
                                 FACT SHEET
1.   This facility Is  the  same  facility described 1n Chapter 4 pp 4-4.

2.   This example 1s similar  to that  1n Attachment 7.5.   That 1s, the POTW
     must compare local limits  versus promulgated pretreatment standards.
     The only additional requirement  Is that this facility 1s also covered
     by the promulgated metal finishing standards, which  has a compliance
     deadline date almost  two years (Feb.  15, I9b6) beyond the Integrated
     electroplating deadline  date of  June 30, 1984.  The  City must not
     only compare Its  local limits vs. the electroplating standard, but
     must also compare Its limits against the metal finishing standards.

3.   The City has elected  to  have two sets of limitations 1n the permit.
     The first set are the results of the City comparing  Its maximum local
     limits vs. the electroplating dally maximum limits.   The second set
     of limits which are to be  met by January 15, 1986, are a result of
     the City comparing Its local limits against the metal  finishing
     standards.  Tables listing the appropriate data and  limits are
     provided below.

4.   The facility's flow 1s quite large and variable.

5.   The facility has  provided  flow Information so that the adjusted
     federal limits can be calculated using the combined  waste stream
     formula.  As part of  Its on-going monitoring of Its  wastewater, it
     will have to continue to measure those flows utilized 1n the
     caculatlon.

6.   The facility has  a pretreatment  facility and will be able to meet
     both the Interim  and  final  applicable standards listed 1n Part I of
     the permit.

7.   The facility will develop  a solvent management plan, since the
     results of sampling for  TTO are  below .01  mg/1.

8.   Potential exists  for  spills.

-------
 First  set of limits-Comparing local max limits vs. electroplating max dally
 standards
      Same applicable limits as those 1n Attachment 7.5.  The reader should
      review the example provided.
 Second set of limits - Comparing local max limits vs. metal  finishing max
 dally standards.
 Regulated Flows (Fj) » .06 mgd
 Dilution Flows (Ftf)  » .04 mgd
 Total Flow  (Ft)      = .1  mgd
  (Dilution flow consist only of the
  sanitary,cafeteria wastes and non-
.  contact cooling water flow)
 Note;  The spray painting operation and electroplating processes are both
 regulated under the metal finishing regulation.  Hence, the total  flow of
 regulated wastewater Is .06mgd (electroplat1ng:.05mgd, painting:.Olmgd).

                        COMBINED WASTESTREAM FORMULA
     c
      •L
              I
     C-j » Federal categorical pretreatment standards
     Ct a Adjusted federal pretreatment standards.
     Calculating for one of the metal  finishing maximum  standards  (cadmium)
the formula would be:
                   X. -Ob wgi    -I ivijd -  -04
                              ^
Note;  Same calculation performed for all  listed pollutants 1n the metal
TTnTshlng standards(40 CFR 433)

-------
                      ADJUSTED METAL FINISHING STANDARDS




POLLUTANT
Cd
Cr
Cu
Pb
Ni
SI
Zn
Cn
TTO( interim)
TTO( final)
PROMULGATED
FEDERAL
STANDARD
(Ci)
MONTHLY AVE.
0.26
1.71
2.07
0.43
2.38
0.24
1.48
0.65


ADJUSTED
FEDERAL
STANDARD
(Ct)
MONTHLY AVE.
1.38
1.03
1.24
0.26
1.43
0.6
0.89
0.39


PROMULGATED
FEDERAL
STANDARD
(Cf)
DAILY MAX.
0.69
2.77
3.38
0.69
3.98
0.43
2.61
1.20
4.57
2.13
ADJUSTED
FEDERAL
STANDARD
ct)
DAILY MAX
0.41
1.7
2.03
0.41
2.4
0.26
1.57
0.72


                       SELECTION OF APPLICABLE STANDARD
               (LOCAL  MAX.  vs  METAL FINISHING MAX. STANDARDS)
               (A)

               ADJUSTED  METAL
               FINISHING MAX
Cd
Cr
Cu
Pb
Ni
Si
Zn
Cn
TTO( interim)
TTO( final)
0.41
1.66
2.03
0.41
2.39
0.26
1.57
0.72
2.74
1.28
(B)


LOCAL MAX
                                   0.5
                                    5.0
                                   2.0
                                   0.1
                                   3.0

                                   4.0
                                   3.0
(C)
APPLICABLE STANDARD
(most stringent
between columns A and
Bl

0.41(Federal)
1.65 (Federal)
2.0 (Local)
0.1 (Local)
2.39(Federal)
0.26 (Federal)
1.57 (Federal)
0.72 (Federal)
2.74 (Federal)
1.23 (Federal)
Note
     Local maximum limits can  be  found  in  Chapter 4 pp. 4-8 column  c.

     Since the POTW only has maximum  limits  for metals and cyanide, the
     maximum monthly average limits in  the permit will be the adjusted
     federal average limits font the previous  table.

-------
                                                      Page 1 of 8
                                                      Permit No.: M-0005
                              City of Mil ton
                         Department of  Public  Works
                        Wastewater Discharge Permit
Company Name:                            Milton  Master Lock Co.

Division Name (If Applicable)           	

Mailing Address                          15 Vine St	
                                        Street  or P.O. Box

                                    • '   MUton WA   12560
                                        City, State and Zip Code

Facility Address                        (same  as above)	
                                        Street  Address
                                       CTty, state and Zip Code


          The above Industrial  User  1s  authorized to discharge Industrial
wastewater to the City of Milton's sewer  system In compliance with the
City's Ordinance Number 1089 ,  any applicable provisions of Federal or State
law or regulation, and in accordance with discharge po1nt(s), effluent
limitations, monitoring requirements, and other conditions set forth herein.
          This permit Is granted 1n  accordance with the application filed on
August 1 ,1982 1n the office of the  Public Works Director, and 1n conformity
with plans, specifications,  and other data submitted to the City in support
of the above application.


                                       Effective Date: October 1, 1982

                                       Expiration Date: October 1, 1987
                         Director,  Public Works

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                                                       Page 2   of 8
                                                       Permit No.:  M-0005
PART I - Wastewater Discharge Limitations and Monitoring Requirements


A.  Interim requirements:

          The Industrial user shall comply with the effluent  limitations
specified below by June 30, 1984.

                    MAXIMUM
                    4 DAY(3)                      SAMPLE(4)      SAMPLE
     PARAMETER      AVERAGE        DAILY MAX      FREQUENCY      TYPE
                    mg/uIDs/day)  mg/n IDs/day)

     Flow(mgd)                                    continuous     recording
     Cd (1)         0.42           0.5            2/month        24-hr
                                                                composite
     Cr             2.4            4.2
     Cu             1.62           2.0
     Pb             0.24           0.1
     N1             1.56           2.46
     Zn             1.56           2.52
     Cn             0.6            1.14
     TTO(2)         	
Total Metals        4.08           6.26
Notes
     (1)  All metals and cyanide parameters to be reported  as total.
     (2)  The permittee shall develop a solvent management  plan.
     Requirements are specified In Part II.
     (3)  The promulgated 4-day average limitations specified In 40 CFR 413
     (electroplating categorical standards) were adjusted using the Combined
     Wastestream Formula.
     (4)  The sampling  frequency may be modified  depending on the analytical
     results submitted by the permittee.

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                                                      Page  3   of 8
                                                      Permit  No:  M-0005
B.  Final requirements;

          The Industrial  user shall  comply with  the effluent limitations
specified below by February 15,  1986.
     PARAMETERS
     Flow(mgd)
     Cd(l)

     Cr
     Cu
     Pb
     N1
     S1
     Zn
     CN
     TTO(2)
MAXIMUM
MONTHLYO)
AVERAGE
mg/Hlbs/day)
0.14
1.
1.
0,
1.
0,
0,
,03
,24
,26
,43
,06
,89
0.39
              DAILY MAX
              mg/1libs/day)
             0.41
2.
0.
1.
66
0
0.1
39
26
57
             0.72
             SAMPLE(4)
             FREQUENCY
             continuous
             2/month
                              SAMPLE
                              TYPE
                              recordlng
                              24 hr com-
                              posites
              n

              n

              u

              n

              u
Notes
     (1) thru (4):   see above under Interim requirements.

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                                                      Page 4  of 8
                                                      Permit No.: M-0005
PART II -  SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
1.  If the results of sampling reported 1n  the permit application for Total
Toxic Organic  (TTO) are below .01  mg/1  (10  ppb), the Industrial User can
develop a solvent management plan. If the User elects to develop a plan, it
will be developed within 90 days from the effective date of this permit.
The plan will  be submitted to the City  for  review and approval.  Once
approved, the  Industrial User must comply with the plan and any reporting
requirements specified by the city.

2.  The Industrial  User shall  develop,  within 6 months of the effective  date
of this permit,  an accidental  spill  prevention plan to eliminate or minimize
the accidental or slug discharge of pollutants Into the sewer system,  which
could have an  effect on the City's treatment plant, sludge, or cause the

3.  Discharge  limitations in Part I  are adjusted categorical  standards
derived from the Combined Wastestream Formula (Section 403.6(e) of the
General Pretreatment Regulations).  The Industrial User shall  monitor on a
monthly basis  the Individual  flows that were utilized in the Combined
Wastestream Formula.

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                                                     Page 5 of  8
                                                     Permit No.: M-0005
PART III -  REPORTING REQUIREMENTS
     1.  The Industrial  User shall  notify the City  1 [mediately upon any
     accidental  or slug  discharge to the sanitary sewer as outlined 1n the
     Accidental  Spill  section of the City's  Ordinance Number 1089.  Formal
     written notification discussing circumstances  and remedies shall be
     submitted to the  city within 5 days of  the occurence.

     2.  The Industrial  User shall  notify the City  prior to the Introduction
     of new wastewater or pollutants or  any  substantial change 1n the volume
     or characteristics  of the wastewater being Introduced Into the POTW
     from the User's Industrial  processes.   Formal  written notification
     shall follow within 30 days of such Introduction.

     3.  Any upset experienced by the Industrial User of Its treatment that
     places 1t In a temporary state of non-compliance with wastewater
     discharge limitations contained In  this permit or other limitations
     specified 1n the  City's Ordinance shall be reported to the City within
     24 hours of first awareness of the  commencement of the upset.  A
     detailed report shall  be filed within 5 days.

     4.  The Industrial  User Is  required to  submit  to the City quarterly
     reports on  the results of Its  sampling  of the  pollutants specified in
     Part I of this permit.   This report shall also contain monthly flows as
     required In Part  11.5.

     5.  Within  90 days  following the final  compliance date specified 1n
     Section I of this permit, the  Industrial User  shall  submit a final
     compliance  report.   The Industrial  User will be required to sample Us
     wastewater  for the  pollutants  specified 1n Section I, and report
     compliance.   Any  reasons for not complying, and any steps being taken by
     the User to comply  shall  be part of the report.

     8.  All  reports shall  be submitted  to the following address:


                         Mr.  John Ashton, Director
                         Public  Works Dept.
                         City of Milton
                         P.O.  Box 001
                         Milton  WA  12560

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                                                      Page 6  of 8
                                                      Permit No.: H-0005
PART IV - STANDARD CONDITIONS

     1.  The Industrial User shall  comply with all the general  prohibitive
discharge standards 1n  Sect1on_4_of the  City Ordinance.

     2.  RIGHT OF ENTRY

          The Industrial User  shall,  after reasonable notification by  the
City, allow the City or Its representatives, exhibiting proper  credentials
and Identification, to enter upon the premises of the User,  at  all
reasonable hours, for the purposes  of Inspection, sampling,  or  records
Inspection.  Reasonable hours  In the  context of Inspection and  sampling
Includes any time the Industrial User 1s operating any process  which results
in a process wastewater discharge to  the City's sewerage system.

     3.  RECORDS RETENTION
          The industrial user  shall retain and preserve for  no  less than
three (3) years, any records,  books,  documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or in behalf of the user in
connection with Its disharge.

          b.  All records that pertain to matters that are the  subject of
special orders or any other enforcement  or litigation activities  brought by
the City shall be retained and preserved by the Industrial User until  all
enforcement activities have concluded and all periods of limitation with
respect to any and all appeals have expired.

     4.  CONFIDENTIAL INFORMATION

          Except for data determined  to  be confidential under Section  10 of
the City's Ordinance, all reports required by this permit shall  be available
for public Inspection at the office of the Public Works Director  .

     5.  RECORDING OF RESULTS

          For each measurement or sample taken pursuant to the  requirements
of this permit, the user shall record the following information:

               a)  The exact place, date, and time of sampling;

               b)  The dates the analyses were performed;

               c)  The person(s) who  performed the analyses;

               d)  The analytical techniques or methods used; and

               e)  The results of all required analyses.

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                                                      Page 7 of 8
                                                      Permit No.: M-0005
     6.  DILUTION
          No Industrial  User shall  Increase the use of potable or process
water or, In any way,  attempt to  dilute a  discharge as a partial or complete
substitute for adequate  treatment to  achieve compliance with the limitations
contained 1n this permit.

     7.  PROPER DISPOSAL OF  PRETREATMENT SLUDGES AND SPENT CHEMICALS

          The disposal of  sludges and spent chemicals generated shall be
done In accordance with  Section 405 of the Clean Water Act and Subtitles C
and D of the Resource  Conservation and Recovery Act.

     8.  SIGNATORY REQUIREMENTS

          All reports  required by this permit shall be signed by a principal
executive officer of the User, or his deslgnee.

     9.  REVOCATION OF PERMIT

          The permit Issued  to the Industrial User by the City may be
revoked when, after Inspection, monitoring or analysis 1t 1s determined that
the discharge of wastewater  to the sanitary sewer is 1n violation of
Federal, State, or local laws, ordinances, or regulations.  Additionally,
falsification or Intentional  misrepresentation of data or statements
pertaining to the permit application  or any other required reporting form,
shall be cause for permit  revocation.

     10.  LIMITATION ON  PERMIT TRANSFER

          Wastewater discharge permits are Issued to a specific user for a
specific operation and are not assignable  to another user or transferrable
to any other location  without the prior written approval of the City.  Sale
of a User shall obligate the purchaser to  seek prior written approval of the
City for continued discharge to the sewerage system.

     11.  FALSIFYING INFORMATION  OR TAMPERING WITH MONITORING EQUIPMENT

          Knowingly making any false  statement on any report or other
document required by this  permit  or knowingly rendering any monitoring
device or method Inaccurate,  may  result in punishment under the criminal
laws of the City, as well  as being subjected to civil penalties and relief.

     12.  MODIFICATION OR  REVISION OF THE  PERMIT

          a)  The terms  and  conditions of  this permit may be subject to
modification by the City at  any time  as limitations or requirements as
Identified the City's  Ordinance,  are  modified or other just cause exists.

          b)  This permit  may also be modified to Incorporate special
conditions resulting from  the issuance of  a special order.

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                                                       Page 8 of 8
                                                       Permit No.: M-0005


          c)  The terms and  conditions may be modified as a result of EPA
promulgating a new federal pretreatment  standard.

          d)  Any permit modifications which result 1n new conditions In the
permit shall Include a reasonable  time schedule for compliance of necessary.

     13.  DUTY TO REAPPLY

          The City shall notify  a  User one hundred and eighty (180) days
prior to the expiration of the User's Permit.  Within ninety (90) days of
the notification, the User shall reapply for relssuance of the permit on a
form provided by the City.

     14.  SEVERABILITY

          The provisions of  this permit  are severable, and 1f any provision
of this permit, or the application of any  provision of this permit to any
circumstance, is held invalid, the application of such provision  to other
circumstances, and the remainder of this permit shall  not be affected
thereby.

     15.  PROPERTY RIGHTS

          The Issuance of this permit does not convey any property rights in
either real or personal property, or any exclusive privileges, nor does it
authorize any Invasion of personal rights, nor any Infringement of Federal,
State or Local regulations.

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                      ATTACHMENT 7.7
   UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY,  OREGON
PERMITS FOR NONMONITORING AND  MONITORING INDUSTRIAL USERS

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                        unified
                       agency
                       150 North First Av«nu«
                       Hillsboro, Oregon 97123
                       SO3 048-8621
               Non-Monitoring
         INDUSTRIAL WASTE DISCHARGE  PERMIT
  1.  Applicant Business Name
  2.  Address of premises discharging wastewater
          Street 	_
          City 	
Zip
   3.  Assessor's Map and Tax Lot Number
   4.  Mailing Address (1f different from above)
                                                  'Zip
   5.  Person to be contacted about this permit
          Name     •	',	',	  Title

   6.  Person to be contacted about billing Information
          Name	Title
                                                                                 Permit No.
                                SIC Nos.
                          Billing Responsibility:
                          City	
                          or U.S.A.  I—I

                              Treatment Plant
                     Phone
                     Phone
    7.  Method used to  compute Industrial  sewer bill

       A.  |   |  Building fixture  units                C.  |  |  Wastewater strength

       B.  [   [  Wastewater consumption or discharge     D.  |  |  Plus  commercial fixture count for
          —                                         —  domestic sewerage use


    8.  Other requirements that must be met for Industrial Permit Compliance
         OWNERS REPRESENTATIVE
     Print Name
  Title
     Signature
               Date
         AGENCY REPRESENTATIVE
     EFFECTIVE DATE: .
     EXPIRATION DATE:
FEE PAID .
RENEWABLE
                 YES
NO
                     Industrial Waste Program Coordinator
               Dated
83-442

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                    unified
                    15O North Flr»t Avenue-
                    Hllleboro, Oregon 97123
                    803  648-8621
                                                      Part  G-Permit
                                                INDUSTRIAL WASTE  DISCHARGE  PERMIT
Gl.  Applicant Buslntss
G2.  Address of premises discharging vastewatar

        Street _____^_^_^__^^_

        City	
                                          Zip
G3.  Assessor's Nap and Tax Lot Number
G4.  Nailing Address (If different than above)
G5.  Person to be contacted about this pernrlt

        Nam	
                                              Z1P
                                                                        Permit No.
                                                                         SIC Nos.
                                                                       Billing Responsibility:
                                                                       City
                                                                       or U.S.A.
                                                                          Treatment Plant
                                        Title
66.  Person to be contacted about billing Information

        Wane ________^_________  Title
                    Phone
                                                             Phone
G7.  Method used to compute Industrial sewer bill
A.
            Building fixture units
C.
                                                 Wastewater strength
    B. n  Uastewater consumption or discharge     0.  |""l  Plus connerclal fixture count for
                                                     domestic seweragt use
G8.  Other requirements that must be nt for Industrial Permit Compliance
     OWNERS REPRESENTATIVE
 Print Na
 Signature
                                         Title
                                                      Date

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                   unified
                   sewerage
                   agency
                   150 North First Avenue
                   HHUboro, Oregon  97123
                   503 648-8621
                                                    Part  G- Permit  Conditions
                                                         INDUSTRIAL WASTE DISCHARGE PERMIT

Business Address 	 , 	
Permit No.
                     SECTION 1.  MONITORING AND COMPLIANCE CONDITIONS

61.   DISCHARGE LIMITATIONS (explanation on reverse side)
ELEMENT OR
CONSTITUENT









UNIT









DAILY
MAXIMUM









MONTHLY
AVERAGE









ELEMENT OR
CONSTITUENT





1



UNIT









DAILY
MAXIMUM









MONTHLY
AVERAGE









G2.  TIME SCHEDULE — Time schedules for compliance with the Ordinance  limitations and prohibitions,
     construction of pretreatnent facilities,  sampling and monitoring  facilities, and other orders
     by the Agency.
ITEM NO.



T
MONTH



ME. 5

CHEDUL
5AY



:
YEAR



EVENT



G3.   MONITORING PROGRAM

     Estimated number of  samples per year

             A. I              I
                                                           Estimated number of tests per year

                                                                   B. I            ~1
                                  SECTION 2.  PERMITS

AUTHORIZATION:  The above-named applicant Is  hereby authorized to discharge wastewater to the public
   sewer subject to said Applicant's compliance with Agency's Ordinance No. 9, appropriate RaO
   Nos.  and Part G-SectIon 1 of this permit and the following terms and conditions:
  1.
      Payment of the following fees and charges:
        a.  Permit fee
        b.  Connection charge
        c.  Side sewer tap fee
        d.  Facilities development fee
        e.  Plan review fee
        f.  Additional capacity fee
                                                   TOTAL
  2.
  3.
      Compliance with the permit conditions as specified In Part G-Section 1.  Specifically, you are
      required to furnish monthly monitoring,  test data, to the Agency  by the 10th of each month for
      the purpose of determining the monthly sewage user service charge,  (sample on reverse side)

      The applicant shall report any changes (permanent or temporary) to the premises or operations
      that significantly change the quality or volume of the vastewater discharge or deviate from the
      terms and conditions under which this permit Is granted.
  4.  EFFECTIVE DATE:
  5.  EXPIRATION DATE:
                      Industrial Waste Program Coordinator
                                                                     Dated

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             MIM. 10*
             OF •"CtP
            AT 9* 0.01
            (NO ICNOS)
MAKE SURFACE OF GROUT
FILLET SMOOTH A FORM
GROOVED INVERT TO
DIRECTION OF FLOW.
                     MANHOLE
                     FRAME •
                     COVER
          MIN. •
         OF 6" CSP
         AT S » O.OS
        (NO BENDS)
          STANDARD MANHOLE
          FRAME * COVER
 SET FRAME
 IN MOTAR
                                       FINISH GRADE
          NOTES:

I. MONITORING MANHOLE AND FLOW
  MEASUREMENT DEVICES MUST BE
  APPROVED BY AGENCY STAFF.

2. MONITORING MANHOLE FRAME
  NOT TO EXCEED SIX INCHES {•")
  ABOVE  FINISH GRAOC.

3. AGENCY PREFERS THAT A VAULT
  BE USED IF THE DISTANCE FROM
  FINISHED GRADE TO PIPE  INVERT
  IS LCSB THAN FOUR F|ET (4').

4. IF SAMPLING DEVICE IS SET
  OUTSIDE OF A  MANHOLE, MAN-
  HOLE COVER MAY HAVE TO BE
  ADAPTED TO ACCOMMODATE A '/t"
  DtA. HOSE WITH COVER  SECURED.


5. FLOW MEASUREMENT DEVICES
  (RECORDER-TOTALIZER)  MUST
  BE ACCESSABLE TO AGENCY
  MONITOftlN* PERSONEL.
 RISER RINGS-
 VARIABLE
 (MAX. 10")

FLATTOP MANHOLE (AS
SHOWN) SHOULD BE
USED ONLY IF MANHOLE
DEPTH IS LESS THAN B FT.
  STANDARD 48""01 A.
  MANHOLE RISERS
  CONCRETE BASE-
>'
t*
t:
•f
:>
ft
*)
|
*
*;
S*HK! \*-':-'\
^ ^^j^
-m «-"

__
MANHOLE
/STEP

m*a^^
!"/Ft.^ *-I"/FA
;fc

'.•i
v;
•>'
••**
.v
mm
T.o-
^\
PREFORMED
PLASTIC
GASKET

VARIAG
MINIMU

^1



Lf
M


                                    IF MONITORING MANHOLE IS NOT
                                    LOCATED IN A SECURED AREA THE
                                    MANHOLE  MUST ACCOMMODATE
                                    A SAMPLER INSIDE. (22" DIA. x
                                    27 " HKJH)
                                           VARIABLE: MAXIMUM OF IS FT. DEEP,
 COMPACTED
  GRAVEL
     -0")
&MMM&^'
•         •' MIN.        -|
                                                  TO MAINTAIN A FULLY  IMMERSED
                                                  -SAMPLE STRAINER,  ALTERATIONS
                                                  TO THE MANHOLE INVERT  MAY
                                                  HAVE TO BE MADE.
  STANDARD   INDUSTRIAL
  MONITORING   MANHOLE

-------
                                   CITY OF BURLEY
                INDUSTRIAL WASTE PRETREATMENT PROGRAM

          INDUSTRIAL WASTEWATER  ACCEPTANCE FORM (IWA)

                                GENERAL INFORMATION
INDUSTRIAL USER

1.  COMPANY NAME:
2.  DIVISION NAME (If aopliable):

3.  MAI LING AOOR ESS:
                       STREET OR P.O. BOX
                       CITY. STATE. & ZIP CODE

   FACILITY AOORESS:
                       STREET AOORESS
                       CITY. STATE. & ZIP CODE

   SIGNING OFFICIAL:
                       NAME
                       TITLE
                       TELEPHONE NUMBER

The abovt Industrial User a authorized to discharge industrial wastewattr to the City of Burley sewer system in
compliance with the Gty of Buriey's Ordinance Numhar          In accordance with discharge point(s). effluent
limitations, monitoring requirements, and other conditions set forth herein. This acceptance form may be modified at
the discretion of the Gty so as to bring it into compliance with Federal and local regulations. The Industrial User shall
comply with the effluent concentrations specified below by

                         EFFLUENT CONCENTRATIONS & LOADINGS

	CONCEMTRATtO* MOA.	EFFLUENT LOAOINCS LB/DAY

    PARAMETER       DAILY AVER AC!    DAILY MAXIMUM      DAILY AVERAGE     DAILY MAXIMUM
                               MONITORING REQUIREMENTS

       PARAMETER        UNIT OP MEASUREMENT     SAMPLING FREQUENCY       TYPE OF SAMPLING

-------
                                   POINT(S) OF DISCHARGE


          LOCATION                           SI26                   MONITORING PROVISIONS
                            AUTHORIZED PRODUCTS MANUFACTURED
                            	OR SERVICES PROVIDED	
                            —^——          AMOUNT ANO/OR
    PRODUCT PRODUCED/                                                       AVERAGE RATE
    SERVICE PROVIDED             PROCESS             4-OtOIT SIC CODE           OP PRODUCTION
In accordance with Section _____^__^_ of Ordinance                -  the City of Bur ley must be notified
at least 30 days prior to changing any of the discharge characteristics as allowed in this IWA Form.


                        SPECIAL CONDITIONS & COMPLIANCE SCHEDULES
FEES               SYSTEM DEVELOPMENT      !_
                   PERMIT PROCESSING        —
                   INSPECTION               *-
                   OTHER 	


                                    TOTAL



APPROVED         	
                    UTILITIES DIRECTOR

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     INDUSTRIAL WASTEWATER ACCEPTANCE  FORM AND STANDARD
     CONDITIONS
These Standard Conditions shall become  a part of the Indus-
trial Wastewater Acceptance (IWA)  Form  issued to the indus-
trial user by  the City.   In all instances, the City's Sewer
Use Ordinance, No.  	, shall take precedence.
                  STANDARD CONDITIONS  OF THE
          INDUSTRIAL WASTEWATER ACCEPTANCE  (IWA) FORM
a.   Where  required,  the industrial  user shall provide moni-
     toring facilities,  installed and maintained at all times
     at the user's expense,  to allow inspection, sampling,
     and flow measurement at locations specified in the IWA.
     There  shall  be ample room in and near such monitoring
     facilities to allow accurate sampling and monitoring
     equipment to be  installed and to prepare samples for •
     analysis.  Such  facilities shall be accessible to autho-
     rized  representatives of the City at all times upon
     presentation of  suitable identification from 8:00 a.m.
     to 5:00  p.m., 5  days per week,  provided that authorized
     representatives  of  the  City personnel shall under excep-
     tional circumstances have access upon presentation of
     suitable identification from 8:00 a.m. to 5:00 p.m.,
     7 days per week. Where required by Federal or state
     regulations, such monitoring facilities shall be pro-
     vided  at the end of a process or unit production from
     which  regulated  toxic pollutants are discharged.

b.   The user shall retain wastewater monitoring records for
     a period of  3 years. During this period said records
     shall  be available  for  inspection and duplication by
     authorized representatives of the City.

-------
c.   The industrial user shall notify the City prior to the
     introduction of new wastewater or pollutants or any
     substantial change in the volume or characteristics of
     the wastewater being introduced into the Publicly Owned
     Treatment Works from the user's processes.   Formal writ-
     ten notification shall follow within 30 days of such
                        • .
     introduction.

d.   The user shall notify the City immediately  upon any
     accidental or slug discharge to the sanitary sewer as
     outlined in the industrial_spill reporting  requirements
     of the District.

e.   No IWA shall be issued to any user whose discharge of
     pollutants to the sanitary sewer, whether shown upon
     the application or determined after inspection, monitor-
     ing, or analysis by the City, is not in conformance
     with Federal, state, or City laws,.ordinances,  or regu-
     lations.  The City may grant variances of City  standards
     and requirements in accordance with this ordinance.

f.   The IWA issued to the industrial user by the City may
     be revoked when, after inspection, monitoring,  or anal-
     ysis, it is determined that the discharge of wastewater
     to the sanitary sewer is in violation of Federal, state,
     or- City laws, ordinances, or regulations.

g.   The IWA shall be revoked due to falsification or inten-
     tional misrepresentation of data or statements  pertain-
     ing to the data disclosure form or any other required
     reporting form.

h.   The City shall notify a user one hundred and eighty
     (180) days prior to the expiration of the user's IWA.

-------
     Within  ninety (90)  days of the notification, the user
     shall apply (for reissuance of the  IWA) on a form pro-
     vided by  the City.

     The terms and conditions of the IWA are subject to modi-
     fication  by the City during the term of the permit as
     limitations or requirements are modified or for other
     just cause.   The user shall be informed of any proposed
     changes in this permit at least 30  days prior to the
     effective date of change.  Changes  or additions to the
     permit  shall include a time schedule for compliance.

i.   The IWA is issued to the named user for the specific
     operation or operations permitted and is not transfer-
     able without the approval of the City.

j.   Not later than fourteen (14)  days following each date
     in the  compliance schedule and the  final date for com-
     pliance given by the user in the data disclosure form
     and included as part of the IWA, the user shall submit
     a progress report to the City.   This report must indi-
     cate whether or not the increment of progress was met
     on the  date on which the user expects to comply with
     the increment of progress,  the reason for delay, and
     what steps are being taken by the user to return to the
     schedule  established.   In no event  shall more than six
     (6) months elapse between such progress reports to the
     City.

k.   The compliance dates for the increments of progress
     given the compliance schedule will  be revised only at
     the discretion of the City.  Failure to meet the compli-
     ance date without just reason for delay is a violation
     of the  conditions of the IWA.

BOT.309/U

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         ATTACHMENT 7.8




INDUSTRIAL WASTE ACCEPTANCE FORM (IWA)




      o  City of Burley




      o  City of Caldwell

-------
                           CITY OF  CALDWELL

              INDUSTRIAL WASTEWATER ACCEPTANCE FORM
 SECTION I'- GENERAL INFORMATION

 A.   INDUSTRIAL USER

      1.    Company Name:

      2.    Division Name (if applicable):

      3.    Mailing Address
                                              Street or P.O. Box
      4.    Facility Address:
                                              Street Address
      5.    Name, Title, & Telephone Number
           of Signing Official:
                                              Name"
                                              Title
                                              Telephone Number
                                                     •
 The above industrial user is authorized to discharge industrial wastewater to the
 City of Ca Id we 11  sewer  system in  compliance  with the City of Cal dwell
 Ordinance  Number 1645,  in  accordance   with  discharge  point(s),  effluent
 limitations, monitoring requirements, and other conditions set forth herein.  This
 acceptance form  may be modified at the discretion of the City so as to bring  it
 into compliance  with federal and local  regulations.  The industrial users  shall
 comply with the effluent concentrations specified below by	.

                 EFFLUENT CONCENTRATIONS & LOADINGS

                        Concentration mg/1         Effluent T-"i"<"'g« Ib/day
                    Daily            Daily           Daily          Daily
Parameter	   Average   	Maximum   __ _Average
 Flow      Peak Daily	gallons per minute
           Monthly Average           gallons per minute

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                     MONITORING REQUIREMENTS

                       Unit of              Sampling           Type of
Parameter	Measurement	
                       POINT(S) OF DISCHARGE

                                                          Monitoring
 Location                        Size	Provisions
               AUTHORIZED PRODUCTS MANUFACTURED
                       OR SERVICES PROVIDED

                                                       Amount and/or
 Product Produced/                         4-Digit        Average Rate
  Service Provided	Process	SIC Code       of Production

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                    SPECIAL CONDITIONS i
                   COMPLIANCE SCHEDULES
FEES              Capitalization                  $

                   Acceptance Form Processing     $_

                   Hook-up                       $_

                   Other	     $

                                       Total      $_


APPROVED

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                                                     Page    of
                                                     IWA No.:


PART ii -"SPECIAL CONDITIONS/COMPLIANCE SCHEDULES (Examples)


1.  If the results of sampling  reported 1n the data disclosure form for
Total Toxic Organic (TTO)  are below  .01 rag/1 (10 ppb), the Industrial  User
can develop a solvent management plan. If the User elects to develop a plan,
It trill be developed within  90  days  from the effective date of this IWA.
The plan will be submitted to the City for review and approval.   Once
approved, the Industrial  User must comply with the plan and any reporting
requirements specified by  the city.

2.  The Industrial User shall develop, within 6 months of the effective date
of this IUA, an accidental spill prevention plan to eliminate or minimize
the accidental or slug discharge of  pollutants Into the sewer system,  which
could have an effect on the  City's treatment plant, sludge, or cause the
City to violate Us NPDES  permit.

3.  The Industrial User shall construct a sampling manhole within 9 months
of the effective date of this IWA.

4.  In order to meet the wastewater  discharge limitations specified 1n Part
I, the Industrial User will  be  required to make In-plant process
modifications and Install  a  treatment facility.  The following construction
schedule shall be adhered  to and reports on progress shall  be submitted to
the City, as outlined 1n Part III:

          1.  Investigate  In-plant process modifications         3 months
              and end of pipe treatment options

          2.  Complete preliminary A & E                         6 months

          3.  Go out to bid                                      9 months

          4.  Secure equipment  and begin construction            12 months

          5.  Complete Installation                              16 months

          6.  Pretreatment system start-up                       17 months

          7.  Achieve final  compliance                           18 months
                                                            t
5.  Discharge limitations  1n Part I  are adjusted categorical standards
derived from the Combined  Wastestream Formula (Section 403.6(e)  of the
General Pretreatment Regulations).   The Industrial User shall monitor  on  a
monthly basis the Individual flows that were utilized 1n the Combined
Wastestream Formula.

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                                                    Page   of
                                                    IWA No.:
PART III -  REPORTING REQUIRPCNTS
     1.   The Industrial User shall  notify the City Immediately upon any
     accidental  or slug discharge to the sanitary sewer as outlined In the
     Accidental  Spill  section of the City's Ordinance Number  isu 5
     Formal  written notification discussing circumstances and remedies shall
     be submitted to the city within 5 days of the occurence.

     2.   The Industrial User shall  notify the City prior to the Introduction
     of new wastewater or pollutants or any substantial  change In the volume
     or characteristics of the wastewater being Introduced Into the POTW
     from the User's Industrial  processes.  Formal written notification
     shall  follow within 30 days of such Introduction.

     3.   Any upset experienced by the Industrial User of Its treatment that
     places  1t In a temporary state of non-compliance with wastewater
     discharge limitations contained 1n this IWA or other limitations
     specified 1n the  City's Ordinance shall be reported to the City within
     24 hours of first awareness of the commencement of  the upset.   A
     detailed report shall  be filed within 5 days.

     4.   The Industrial User is  required to submit to the City
     reports on  the results of Its  sampling of the pollutants specified in
     Part I  of this IWA.   This report shall also contain monthly flows as
     required 1n Part  11.5.

     5.   Not later than fourteen (14) days following each date in the
     compliance  schedule,  the Industrial User shall submit a progress report
     to the  C1 ty.  This report must indicate whether or  not the increment  of
     progress was met  on the date,  the reason(s) for any delay, and what
     steps are being taken by the User to return to the  schedule
     established.  In  no event shall more than (9) months elapse between
     such progress reports to the City.

     6.   Within  90 days following the final compliance date specified in
     Section I of this IWA,  the  Industrial User shall  submit a final
     compliance  report.  The Industrial User will be required to sample its
     wastewater  for the pollutants  specified In Section  I, and report
     compliance.   Any  reasons for not complying and any  steps being taken  by
     the User to comply shall be part of the report.

     7.   The Industrial User shall  report completion of  its
     sampling/monitoring manhole.

     8.   All  reports shall  be submitted to the following address:

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                                                     Page    of
                                                     IWA No.:
PART iv -"STANDARD CONDITIONS
     1.  The Industrial  User shall comply with all the general  prohibitive
discharge standards 1n Section  3.01  of the City Ordinance.

     2.  RIGHT OF ENTRY

          The Industrial User shall, after reasonable notification by  the
City, allow the City or  Its representatives, exhibiting proper  credentials
and Identification, to enter upon the premises of the User, at  all
reasonable hours, for the purposes of inspection, sampling, or  records
Inspection.  Reasonable  hours In the context of Inspection and  sampling
Includes any time the Industrial User 1s operating any process  which results
1n a process wastewater  discharge to the City's sewerage system.

     3.  RECORDS RETENTION
          The Industrial user shall retain and preserve for no  less than
three (3) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical  analyses made by or In behalf of the user in
connection with Its dlsharge.

          b.  All records that pertain to matters that are the  subject of
special orders or any other enforcement or litigation activities brought  by
the City shall be retained and preserved by the Industrial User until  all
enforcement activities have concluded and all periods of limitation with
respect to any and all appeals have expired.

     4.  CONFIDENTIAL INFORMATION

          Except for data determined to be confidential  under Section  5.05
of the City's Ordinance, all reports required by this IWA shall be aval 1 abl e
for public Inspection at the office of the  citv
     5.  RECORDING OF  RESULTS

          For each measurement or sample taken pursuant to the  requirements
of this IWA.  the user  shall record the following Information:

               a)   The exact place, date, and time of sampling;

               b)   The dates the analyses were performed;

              -c)   The person(s) who performed the analyses;

               d)   The analytical techniques or methods used; and

               e)   The results of all required analyses.

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                                                      Page   of
                                                      IWA No.:
      6.   DILUTION
           No  Industrial  User shall Increase the use of potable or process
water or.  In  any way, attempt to dilute a discharge as a partial  or complete
substitute for adequate  treatment to achieve compliance with the  limitations
contained  In  this  IWA.

      7.  PROPER DISPOSAL OF PRETREATHENT SLUDGES AND SPENT CHEMICALS

           The disposal of sludges and spent chemicals generated shall be
done  In accordance with  Section 405 of the Clean Water Act and Subtitles C
and 0 of the  Resource Conservation and Recovery Act.

      8.  SIGNATORY REQUIREMENTS

           All reports required by this IWA shall be signed by a principal
executive  officer  of the User, or his deslgnee.

      9.  REVOCATION OF IWA

           The IWA  Issued to the Industrial User by the City may be revoked
when, after Inspection, monitoring or analysis 1t 1s determined that the
discharge  of wastewater to the sanitary sewer Is In violation of  Federal,
State, or  local laws, ordinances, or regulations.  Additionally,
falsification or Intentional misrepresentation of data or statements
pertaining to the  data disclosure form or any other required reporting form,
shall be cause for IWA revocation.

      10.  LIMITATION ON  IWA TRANSFER

           IWAs are Issued to a specific user for a specific operation and
are not assignable to another user or transferable to any other  location
without the prior wn'tten approval  of the City.  Sale of a User shall
obligate the purchaser to seek prior written approval of the City for
continued  discharge to the sewerage system.

     11.  FALSIFYING INFORMATION OR TAMPERING WITH MONITORING EQUIPMENT

          Knowingly making any false statement on any report or other
document required  by this IWA or knowingly rendering any monitoring device
or method  Inaccurate, may result In punishment under the criminal  laws of
the City, as well  as being subjected to civil penalties and relief.

     12.  MODIFICATION OR REVISION OF THE IWA

          a)  The terms and conditions of this  IWA may be subject to
modification by the City at any time as limitations or requirements as
Identified the City's Ordinance, are modified or other Just cause exists.

          b)  This IWA may also be modified to Incorporate special
conditions resulting from the Issuance of a special order.

-------
                                                      Page   of
                                                      IWA No.:

         ..c)  The terms and conditions may be modified as  a  result of  EPA
promulgating a new federal pretreatment standard.

          d)  Any IWA modifications which result In new conditions In  the
IWA shall Include a reasonable time schedule for compliance  of necessary.

     13.  DUTY TO REAPPLY

          If the IWA Is Issued for a specified fixed period  of time, the
City shall notify a User one hundred and eighty (180)  days prior to the
expiration of the User's IWA.  Within ninety (90) days of  the notification,
the User shall reap ply for relssuance of the permit on a form provided by
the C1ty.

     14.  SEVERABILITY

          The provisions of this IWA are severable. and 1f any provision of
this IWA, or the application of any provision of this  IWA  to any
circumstance, 1s held Invalid, the application of such provision to other
circumstances, and the remainder of this IWA shall not be  affected thereby.

     15.  PROPERTY RIGHTS

          The Issuance of this IWA does not convey any property  rights in
either real or personal property, or any exclusive privileges, nor does it
authorize any Invasion of personal rights, nor any Infringement of Federal,
State or Local regulations.

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D/REG. X-1///6

                                    CHAPTER 8
                       ACCIDENTAL SPILL PREVENTION PROGRAM

     Major concerns  for POTWs are accident spills, slug  discharges, or unusual
discharges of wastewater by any industrial user.   These  events can have
serious consequences on municipal treatment plant operation, causing upsets or
interferences.  There have been documented cases  of  sewer  lines corroding from
acid dischargers;  clogged sewer lines from large  volumes of greasy wastes; and
sewer manhole covers blowing off from explosive material concentrating in the
sewer lines.  In many cases, municipalities have  had to  bypass their treatment
plant because of the nature of the waste discharged  (e.g., slug discharge of
cyanide wastes). If  the event is severe, not only may the  treatment plants
experience interference problems causing NPDES permit violation, but the
material may pass  through the treatment plant affecting  water quality.

     The prime objective of the pretreatment program is  the prevention of
these problems.  Although a POTW utilizes a control  mechanism to control
routine discharges,  it is important that it also  develop a system to prevent
the types of events  discussed above from occurring.   One method is the
development and implementation of an Accidental Spill Prevention Program.
This program should  be directed, at a minimum, to the POTW's Significant
Industrial Discharges, and to other users with the potential for accidental
spills, slug discharges, or unusual discharges.  POTWs in  Alaska, Idaho and
Washington have been required to develop such programs within their first year
of pretreatment program implementation.  The structure of  the program will
depend on the size of the municipality and its industrial  base.

     A guidance document will be developed which  will assist these communities
to develop reasonable accidental spill prevention programs.  One reference
that is available  that could be useful to POTWs is "Hazardous Material Spills
and Responses for  Municipalities", EPA 600/2-80-108.
                                      8-1

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E/REG. X-l/#12

                                    CHAPTER 9
                        INDUSTRIAL REPORTING REQUIREMENTS
                                       t
     There are several  reporting requirements for industrial users.  This
chapter provides a  brief  discussion of each of the reporting requirements and
the accompanying attachments present examples of report forms.

1.   Baseline Monitoring  Report (BMR)
     Once the EPA promulgates a categorical pretreatment standard, affected
industrial dischargers  are required to submit specific information about its
facility within 180 days  after the effective date of  the promulgated standard.
See Chapter 6 for further discussion on BMRs.

2.   Compliance Schedule  Progress Reports
     An industrial  user who is not in compliance with applicable discharge
limitations will frequently have to make in-plant process changes and/or
install end-of-pipe treatment.  To address this situation, Section 403.8(f)
(l)(iv) requires "...development of a compliance schedule..."

      As part of the BMR  submission [40 CFR 403.12(b)] or as part of the
permit application  or data disclosure form, a noncomplying facility must
present to the POTW the shortest schedule of industrial user actions enabling
it to meet the applicable discharge limitations.   For categorical SIDs, the
final or completion date  in the schedule must not be  later than the final
compliance date specified in the Federally promulgated standards.  Where
reasonable, the POTW may  require a final compliance date earlier than the
Federal standards.   If  a  facility must develop a compliance schedule to meet
local limits, the industrial user should develop a schedule with the POTW
deciding on the final compliance date.  The compliance schedule normally will
become part of the  industrial user's permit.

     The schedule must  contain increments of progress in the form of dates
(not to exceed nine months per event) for commencement and completion of major
actions leading to  construction and operation of a pretreatment system and/or
in-plant process modifications (examples of major actions are hiring an
                                      9-1

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E/REG. X-1///12

engineer, completing preliminary A&E, finalizing plans, executing a contract
for major components, commencing construction, completion of construction,  and
testing operation).  Attachment 9.1 presents an example compliance schedule
for an industrial facility.

     In addition, Section 403.12(c)(3) requires that the noncomplying facility
submit to the Control Authority (POTW, State, or EPA) a compliance schedule
progress report at least every nine months (or more frequently if requested by
the Control Authority) which includes:

     •  A statement on the facility's status with respect to the compliance
        schedule
     •  A statement on when the industrial user expects to be back on schedule
        if it is falling behind.  The reason for the delay and steps being
        taken by the industrial user to return to the established schedule
        must also be reported.

     Attachment 9.2 presents an example of a compliance progress report.

     The POTW needs to review these reports as quickly as possible.   Where  an
industrial user is falling behind schedule, the POTW should maintain close
contact with the user.  If the industrial user is not showing good faith in
meeting the schedule, the POTW may consider initiating appropriate enforcement
action to correct the problem(s).

3.   Final Compliance Report
     Section 403.12(d) of the General Pretreatment Regulations requires
industrial facilities subject to pretreatment standards to submit a final
compliance report to the POTW.  Existing industrial users must file a final
compliance report within 90 days following the final compliance date specified
in a categorical regulation or within 90 days of the compliance date specified
by the POTW, whichever is earlier.  New source industrial users must file a
compliance report upon commencement of a discharge.

     The contents of the final report must include:  results of sampling the
industrial wastestreams for regulated pollutants; average and maximum daily
flow for industrial process wastewaters being regulated; a statement of
                                     9-2

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E/REG. X-1///12

compliance, and; where  necessary,  a statement as to  whether additional O&M
changes and/or pretreatment  equipment are needed to  bring  the industrial user
into compliance.

     The POTW should notify  each of its SIDs of the  requirement for submittal
of the final compliance report.   The POTW should carefully examine the report
as soon as possible.  Any enforcement action contemplated  by the POTW for
facilities still out of compliance should take into  consideration the reasons
for continued noncompliance.

4.   Periodic Compliance Reports
     a.   Self-monitoring Report
     After the final compliance  date, categorical industrial users are
required to report, at  least  semi-annually (June and December), self-moni-
toring results of  their wastewater discharge(s).  Attachment 9.3 contains
examples of industrial  user  self-monitoring reports.  The  results of this
self-monitoring must be reported to the Control Authority.  The POTW is
responsible for developing industrial user self-monitoring sampling frequen-
cies for the individual facilities and the type of sample  (grab, 24-hour
composite) to be taken.   These sampling protocols are typically specified in
the industrial user's permit.  The industrial user's self-monitoring sampling
frequency should depend on the following:

     •  Type of facility (toxic  vs. conventional wastes discharger)
     •  Type and concentrations  of pollutants in the discharge
     •  Type of discharge (continuous vs.  batch)
     •  Type production (24-hour operation vs. 8-hour operation; seasonal vs.
        daily production)
     •  Past performance of  and  compliance by an industrial user.

     As a general  rule,  the  POTW should require more frequent self-monitoring
sampling during the first year or more to obtain a data base.  It is strongly
encouraged that POTWs require sampling and receive monitoring reports on at
least a quarterly  basis and  that submission of the reports be staggered so
                                      9-3

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C/Disk Region 10/012

that they are not all received on one day or during one month.  Depending on
the results of both the industrial user self-monitoring and POTW compliance
monitoring of the industrial user, it may be possible to reduce or vary the
sampling frequency at a later time.  The POTW should remember that Federal
standards are expressed as monthly averages and daily maximums.

      A POTW should consider developing a standard form for its industrial
users to record their self-monitoring data.  This will aid the POTW in
reviewing, responding to, and filing the information.
                                            i
     All records must be maintained by the industry and the POTW for at least
three years.

          A POTW may choose to monitor industrial facilities in lieu
          of the industrial user doing the self-monitoring.  In this
          case self-monitoring reports may not be required.

     b.   Accidental Spill and Upset Reports
     Most POTW ordinances require an industrial user to report to the POTW
within 24 hours of a spill or upset in the facility's pretreatment system.
This is done by telephone and is followed by a written report within five
working days.  The written report should describe the details and actions to
be taken by the industrial user to correct the situation and prevent its
reoccurrence.

     c.   Miscellaneous Reports
     •  An industrial user developing a solvent management plan (an option
        available to certain categorical industries in lieu of sampling for
        total toxic organics) may be required to submit periodic information
        on its solvent management operation.  See Chapter 16 for further
        discussion on a solvent management plan.
     •  Depending on informational needs of the POTW, an industrial facility
        may need to provide specific data not required by Federal regulations.
        This might include information on pollutants other than those regu-
        lated by a categorical standard, information concerning disposal of
        pretreatment system residuals or other waste not discharged into the
        sewer system, or other data.
                                     9-4

-------
C/Disk Region 10///12


5.   Signatory Requirements

     All reports submitted by an  industrial  user must  be  signed by an author-

ized representative.  As stated in the 40 CFR A03.12(k) regulations, an

authorized representative of an industrial user is:


     •  "A principal executive officer of at  least the level of vice presi-
        dent, if the industrial user submitting the  reports required by
        paragraphs (b), (d) and (e) of this  section  is a  corporation."

     •  "A general partner or proprietor if  the industrial user submitting the
        report required by paragraphs (b), (4)  and (e) of this section is a
        partnership or sole proprietorship, 'respectively."

     •  "A duly authorized representative of  the individual designated in
        paragraph (k)(l) or (2) of this section if such representative is
        responsible for the overall operation of the facility from which the
        indirect discharge originates."
                                     9-5

-------
A/Region  10///37
                                 ATTACHMENT 9.1
                        PRETREATMENT COMPLIANCE SCHEDULE

-------
                               TYPICAL PRETREATMENT COMPLIANCE
                                  SCHEDULE WORK PLAN  (GENERAL)
                                                SCHEDULED           SCHEDULED
         INCREMENT OF PROGRESS (1)          COMMENCEMENT DATE     COMPLETION DATE (2)
1.   Select Engineer

2.   Engineering Investigation of Plant
    Conditions (Industrial process Review
    6 Wastewater Characterization)

3,  Select Treatment Process 6 Design
    Criteria (Treatability Studies)

4.   Detailed Design of Treatment System
    (Plans 6 Specifications)

5.   Preparation of Operations Manual

6.   Select Contractor For Construction

7.   Commence Construction

    a.  Site Preparation  (survey, excava-
        tion, etc.)

    b.  Foundation Work 6 Underground
        Utilities  (slabs, sewer, etc.)

    c.  Structural Work (bldgs ., etc.)

    d.  Mechanical Work (equipment
        installation, etc.)

    e.  Electrical Work (control panels,
        etc.)

    f.  Site Finish Work  (fences,  clean-
        up,  etc.)

8.  Pretreatment System Start  Up
 (1)  -No  Increment of  Progress  Shall  Exceed Nine (9) Months

 (2)  Final  Completion  Date  Shall  Not  Be Later Than Final  Compliance Date

-------
A/Region 10///37
                                 ATTACHMENT 9.2
                      COMPLIANCE SCHEDULE PROGRESS REPORT

-------
                     COMPLIANCE SCHEDULE  PROGRESS  REPORT"


   COMPANY NAME:                             ADDRESS:
   DATE SUBMITTED:                 AUTHORIZED  REPRESENTATIVE:
1.   Increment of Progress description:
2.   Scheduled completion date  for above  Increment of Progress:
3.   Is Increment of Progress completed on  schedule?    yes D  no  Q


4.   If not on schedule, indicate anticipated  completion date:  	


5.   State reason for delay, if applicable:  	
6.  What action has been  initiated  to  return  project to original schedule?
* Report is to be  submitted  within  14  days after scheduled completion of each
  Increment of Progress  listed  in the  Compliance Schedule.

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A/Region 10///37
                                 ATTACHMENT  9.3
                     INDUSTRIAL USER SELF-MONITORING REPORTS
     •  Unified Sewerage  Agency of Washington County, Oregon

     •  Chattanooga, Tennessee

     •  Self-monitoring Report for an Electroplater «10,000 gpd)

-------
                                                                     USA - Oregon

                    INDUSTRIAL  USER  SELF-MONITORING  REPORT
industry
Location Code
                                                                              Month/Year
Date
1
2
3
4
5
- 6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
TOTAL
AVERAGE
MAXIMUM
Meter
Reading
(x )


































Flow
(gals)
50050


































PH
Hours in Range
<6.5 6.5 - 9.0 >9.0






































































i


























                                                            NOTE
                                                            Write down the minimum and
                                                            maximum pH for each day you
                                                            were outside the allowed pH
                                                            range.

                                                            *  REQUIRED TO BE SAMPLED
                                                              BIANNUALLY (Dec. & June)
SAMPLE
DATE
PARAMETER






TOTAL
AVERAGE
MAXIMUM



























































































-------
                                       CITY OF CHATTANOOGA
                                    INTERCEPTOR SEWER SYSTEM

                         INDUSTRIAL SELF MONITORING SURVEILLANCE REPORT
COMPANY NAME
DISCHARGE POINT

PERMIT #
                                  SIOSKS)
                                           SECTION I
SAMPLE DATE
SAMPLING PERIOD:
                           PARAMETERS SUBJECT TO COMPOSITE SAMPLING
           COMPOSITE TYPE:   FJDW PROPORTIONAL
                            TIME PROPORTIONAL
FROM
  TO
                                              SAMPLING PERIOD FLOW
(MGD)
COLLECTED BY:
Parameter
Aluminum Dissolved
Antimony
Arsenic
Barium
Boron
Cadmium
Chromium-total
Cobalt
CoDDer
Cyanide
Fluoride
Iron
Lead
Manganese
Mercury
Nickel
Phenols
Selenium
Silver
Titanium-dissolved
-line
Total Kjeldahl
Nitrogen
'5il S Grease
:-SAS
Mg/1
























Date Analyzed i
























Analyzed 3y






















i

>fethod
























                                                                             SV  -  11579

-------
                                   CITY OF CHATTANOOGA
                                  INTERCEPTOR SEWER SYSTEM          %

                        INDUSTRIAL SELF MONITORING SURVEILLANCE REPORT FORM
                                       SECTION II - PAGE II

                      PARAMETERS SUBJECT TO INSTANTANEOUS OR GRAB EVALUATION
COLLECTED BY:
Oil and Grease
„.
i
2
3
4
-5
fi
7
8
9
Hg/1









Date/Tiine Collected









Date Analyzed





,



Analyzed By









Method









ANALYZED BY:
                                                      DATE
                                        DM

1)
2)
3)
4)
!>)
5)
V)
§)
8)
10)
11)
12)
TIME












50:06












00:15












00:30












00:45













13)
14)
15)
15)
17)
18)
19)
20)
21)
22)
23)
24)
TIME












00:00












00:15












00:30












00:45












ANALYZED BY:
                                                      DATE
T

1)
2)
3)
4)
S)
6)
7)
8)
9)
10)
ll)
12)
iThL I uu:uu
























00:15 i












00:30












emperatupe
00:45













13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
TIME i ?0:00



















00:15







(




00:30







00:45







1


i 1

1





-------
                        CITY  CF CHAT7AXQOGA
CER7I7ICATIC.V:   I have supervisee the collection  and preparation
r\ ~ ^ i "* —'-~ .o  -! -^ —/-* v^p\^j* ^01 "'^  ""'""i.^:  >^-tioo'^t a P. cl a £ ^oo ~*~ h a7" •

1)  All sarr.ples ar.d r.easurer.^r.ts taker, are to  the best of  my
    knowledge representative  o:' the subject wastewater effluent.

2)  All ~~.~*:lir.g, measurements, and analyses were conducted in
    accordance  with guidelines  set forth by the Environmental
    Protection  Agency and/or  c.ooroved by the Suoerintend.ent of
    the 133.
S — /•<»• i -"• •-»— .
 _IO.\.-A. ^."._. t

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                          cr:Y  cr C.-TA:TAMCOGA
                        r-:T.E?.C;;pYOR CJWL'^ SYSTEM
            INDUSTRIAL GELT  y^.'lTOEI.'iO ENFORCEMENT REPORT FORM
COMPANY NAME
DISCHARGE  POINT


PERMIT*
             SIC'/(S)
SAMPLE  DATE
                                 SECTION I
                 PARAMETERS  SUBJECT TO .COMPOSITE SAMPLING
COMPOSITE TYPE:  FLOW PROPORTIONAL

                 TIME PROPORTIONAL
SAMPLING  PERIOD:  FROM
                     TO


COLLECTED BY:
          SAMPLING PERIOD  FLOW
(MCL-)
Parameter
Arsenic
Cadmium
Chromium-Total
Chromium-Hex .
Copper
Cyanide 1
Lead
Mercury
Nickel
Selenium
Silver
Zinc
Mg/1 ! Date Analyzed ' Analyzed By
i i



















.











Method










!



-------
                                   CITY  OF  CHATTANOOGA
                                  INTERCEPTOR SEWER SYSTEM
                                                                    

                       INDUSTRIAL SELF MONITORING ENFORCEMENT REPORT FORM
                                      SECTION II ° PAGE II

                     PARAMETERS SUBJECT TO INSTANTANEOUS OR GRAB EVALUATION
COLLECTED BY:
                                 Oil and Grease

1
2
3
4
S
6
~7
8
9
Mg/1









Bate/Tims Collected









Late Analyzed




Analyzed By




1

,






Method









ANALYZED BY:
DATE

I)
2)
1 ^
4)
TIfE~




"wiufT




5)1 1
6)1 1
~7T
8)
9)
10)
11)
12)












00:15












00:30 i 00:45

























13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
TIME












00:00












00:15












00:30












00:15












ANALYZED BY:
DATE

1)
2)
3)
4)
b)
fa)
V)
3)
9)
lu)
11)
12)
TIME I 00:00
























00:15












00:30












00:45













13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
TIME












00:00












00:15












00:30












00:45













-------
                               . 6
                       CITY OF CHATTANOOGA
                    INTERCEPTOR SEWER SYSTEM

        INDUSTRIAL SELF MONITORING ENFORCEMENT REPORT FORM
                     SECTION III  -  PAGE III
CERTIFICATION:  I have supervised  the  collection and preparation
of all the information in this  report  and agre"e that:

1)  All samples and measurements taken are to the best of my
    knowledge representative of the  subject wastewater effluent.

2)  All sampling, measurements, and  analyses were conducted in
    accordance with guidelines  set forth by the Environmental
    Protection Agency and/or approved  by the Superintendent of
    the ISS.
SIGNATURE:                         TITLE

-------
                   PRETREATMENT SEMI-ANNUAL SELF-MONITORING REPORT
COMPANY NAME:
DATE SUBMITTED:
	 ADDRESS:
 AUTHORIZED REPRESENTATIVE:
PROCESS "A" DESCRIPTION:
SAMPLE COLLECTION
DATA
Sample No:
Date: Time:
Location:
Person:
Method:
Sample No:
Date: |Time:
Location:
Person:
Method:
Sample No:
Date: [Time:
r »- '

Person:
Me t hod :
Sample No i
Hate: JTime:
Location :
Person :
Method:
Sample No:
Date: (Time:
,ocat ion :
Person:
Method:
Sample No:
Date: Time:
.ocat ion :
Person :
Method:
LABORATORY
DATA
Sample No:
Date:
Person:
Methods:
Sample No:
Date:
Person:
Methods :
Sample No:
late:
'erson :
lethods:
Sample No:
Da te .-
Person .-
'letliods:
Sample No:
)ate:
>erson :
letliods:
Sample No:
)ate:
•erson :
Methods :

ANALYTICAL DATA
PI .nw fppnl

Daily Max.
Month Avg.
Daily Max.
Month Avg .
Daily Max.
Month Avq.
Daily Max.
Month Avg.
Daily Max.
Month Avg.
Daily Max.
Month Avg.
Pollutant (mg/1)
CNa







Pb






Cd






PROCESS "B" DESCRIPTION:
SAMPLE COLLECTION
DATA
Sample No:
Date : (Time :
Location :
Person :
Method:
Sample No:
Date: JTime:
Location :
Person:
Method:
Sample No:
Date: (Time:
Location :
Person:
Method:
Sample No:
Date: [Time:
Location :
Person:
Method:
Sample No :
Date: [Time:
Location:
Person:
Method:
Sample No:
Date: ITime:
Location
Person
Method :
LABORATORY
DATA
Sample No:
Date:
Person:
Methods :
Sample No:
Date :
Person :
Methods:
Sample No:
Date:
Person :
Methods :
Sample No:
Date:
Person :
Methods:
Sample No:
Date:
Person :
Methods:
Sample No:
Date :
Person :
Methods :
ANALY-1CAL DATA
FLOW(GPD)
Daily Max.
Month Avg.
Daily Max.
Month Avg.
Daily Max.
Month Avg.
Daily Max.
Month Avg.
Daily Max.
Month Avg.
Daily Max.
Mont.li Avcj.
Pollutant (mqA)
CNa


*



t
Pb
,. ,.". , 	 =3





Cd





 EXAMPLE OF SELF-MONITORING  REPORT FOR F1 rCTROPLATER «10,OOOGPD) WITH  TWO REGULATE" PROCESSES

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H/REG. X-1///14
                                                               s

                                   CHAPTER 10
                ANNUAL  POTW PRETREATMENT EVALUATION AND  REPORT

INTRODUCTION
     When a POTW's  pretreatment program is approved, the General  Pretreatment
Regulations [40 CFR 403.8(c)]  require that the Approval  Authority (EPA or
State) modify or  reissue the POTW's NPDES permit with conditions  of the
approved program.   Attachment 10.1 provides an example of what the permit
conditions can address.   The POTW should go through an annual  evaluation of
its existing procedures,  resources and program priorities to determine
compliance with its permit conditions, assess the effectiveness of its program
and to plan for the following year's activities and needs.  If the POTW
conducts this self-evaluation, it will be better prepared to meet one of its
permit conditions — the annual report.

     This chapter provides guidance for completing the POTW pretreatment
annual report.  The annual report is an essential component of EPA's oversight
of the National Pretreatment Program and is consistent with the overall POTW
reporting requirements  under the NPDES program.  It will provide  for the
Approval Authority  the  necessary information to determine how  effectively the
POTW is operating its program.

     Generally, the POTW's permit will contain a list of the items that should
be part of its annual report.   To assist POTWs in fully  understanding the
reporting requirements,  a brief discussion of each is presented below.  In
addition, example forms  are provided to help the POTW organize the needed
information.

     The following  section of this chapter lists the requirements contained in
the example NPDES permit contained in Attachment 10.1 and each requirement
should be addressed when appropriate.  If an item is not applicable, the POTW
only needs to indicate  "N/A" under the item.  Generally, the POTW should use
the forms provided  to supply the required information.  If additional pages
are needed, the POTW merely needs to supplement the annual report.  In some
cases, a POTW may need  to provide additional information not specifically
indicated in the  NPDES  permit or may need to perform additional requirements
                                      10-1

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H/REG. X-1///14                                                »

that might warrant a separate report (such as results of biomonitoring or
toxic organic scan).

     If the POTW maintains the same data in other formats it is unnecessary  to
copy these data onto the forms, provided all the required information is
presented and is clear and understandable.

     Where a POTW operates more than one treatment plant, some of the infor-
mation requested in an annual report should be provided separately for each  of
the plants, such as sampling and plant operational data.  Each report should
include the most current information available and should be submitted
annually.

     Intervals between reports may be lengthened if, as a result of the review
of a few reports by the State/EPA, the data submitted by the POTW does not
change dramatically.

     In summary, the annual report package, submitted by a POTW to satisfy its
NPDES pretreatment annual reporting requirements should contain, at a minimum,
the information identified in the items 1-10 below.

FORMAT FOR AN ANNUAL REPORT
     All annual reports should begin with the completed cover sheet that
identifies the sewer authority, the period covered by the report, and the
name, address, and telephone number of the contact person.  The cover sheet
should also be signed by an official of the sewer authority.  Form 1 presents
an example of an annual report cover sheet.

     The cover sheet should be followed by a short narrative summary of the
major subjects addressed in the report.  Significant achievements resulting
from the program or major problems in operating the program should also be
highlighted.  This narrative summary should be followed by the presentation  of
information addressing each of the required items presented below.
                                     10-2

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H/REG. X-1///14

1.   Updating to the Industrial Waste Survey
     Additions  and deletions to the industrial waste survey  should be pro-
vided.  Information should be .presented to reflect the  name  and address of
industrial users,  the industrial activity performed by  the users, all of the
Standard Industrial Classification (SIC) codes that apply to the users, and
the wastewater  flow rate.  If an industrial user is deleted, the reason for
the deletion should be provided under the column, "Comments."

     Where an existing facility changes its manufacturing processes and/or its
wastewater constituents, the POTW also should list the  facility and comment on
the change and  what appropriate action was taken, such  as:   permit modifica-
tions resulting in changes to discharge standards, reporting requirements, or
changes in special conditions.   Form 2 provides a format that can be utilized
to update the POTW's industrial user survey.  If the POTW maintains a current
list of all industrial users, and providing this list would  require less
effort than completing the table, submission of the existing list is accept-
able.

2.   Results of POTW Sampling and Analysis
     The Pretreatment Implementation section of the POTW's permit should
contain the specific requirements for sampling of the treatment plant's
influent, effluent, and sludge.  Generally, toxic heavy metals, cyanides, and
conventional wastes (BOD,- and oil and grease) are required as a minimum
because of their potential impacts.  In some cases, toxic organics and/or
biomonitoring may  be required based on the local situation such as water
quality impacts, sludge disposal considerations, interference problems, and
type of industrial facilities connected to the POTW.

     The POTW should follow the sampling frequency identified in the permit
and report results on each sampling event.  Where a POTW's permit does not
contain a specific sampling protocol, the POTW should be guided by the
following:

     •  Influent,  effluent and sludge values should be  reported for toxic and
        incompatible pollutants discharged in significant quantities or
        concentrations from industrial sources.
                                      10-3

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H/REG. X-l/014

     •  The data.should reflect the results of at least semi-annual sampling
        over three consecutive days.  Twenty-four hour composite samples are
        preferred; where composite sampling is not feasible for a particular
        pollutant, three grab samples over a twenty-four hour period are
        acceptable.  As much current information as is available should be
        provided.
     •  Sampling and analytical information must be provided which should
        include the following:
        -  Type of sample(s) taken (24-hour composite, grab)
        -  Date of sample(s)
        -  Analytical methodology (wet chemistry, GCMS, AA, etc.)
        -  Name of laboratory (if analysis is contracted to an outside
           laboratory).

     Finally, two other very important pieces of information must be supplied:

     •  Calculated removal rates for each pollutant sampled
     •  A discussion of whether local limits continue to be appropriate to
        protect the POTW's treatment system, prevent pass-through or sludge
        contamination.

All of this information will be useful in evaluating the overall effectiveness
of the pretreatment program.

     Forms 3 and 3.a contain a table and appropriate space for a narrative
discussion to report results of influent, effluent, and sludge samplings or
the POTW can submit the data using its own format if previously compiled.

3.   Pretreatment Program Modification
     Significant changes (if any) in operating the pretreatment program that
have occurred in the past year should be described.  Modifications to the
original program submission, or the previous annual report, should be
described in a narrative format.  The description should also include the
reasons for any changes.  In addition to providing a description of changes, a
description of the current staffing and budget for pretreatment activities
should be provided.  Modifications to the program requiring inclusion in the
                                     10-4

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H/REG. X-l/014

annual report may  include  changes in industrial discharge  limits, the moni-
toring program, enforcement  policy,  or in the industrial community (such as
development of an  industrial park or the closing of  a major industrial plant).
The description of a  program modification in the annual report does not
necessarily mean approval  by the Approval Authority.  A separate, written
request for approval  of  a  modification should be prepared.  Form 4 can be
utilized by the POTW  to  supply the appropriate information.

4.   Summary of POTW  Operations
     Information regarding POTW upsets,  interferences, and NPDES violations
caused by industrial  wastes  should be presented for  the reporting year.  Form
5 can be used to supply  this information in this discussion.  An explanation
or reason for each incident  should be included and,  if known, the identifica-
tion of the responsible  industrial user, as well as  the corrective action
taken by the POTW.

5.   Summary of Industrial User Monitoring
     The POTW should  provide a listing of industrial users inspected and/or
sampled during the previous  year and a summary of the results.  Form 6 can be
used to report this data.  The data should reflect the type of activity
performed by the POTW (i.e., sampling and/or inspection) and the actual
frequencies per year  of  each activity.

6.   Planned Industrial  User Monitoring Schedule
     Form 7 could  be  used  to report the number of planned  inspections and
sampling visits of industrial users for the next year.  The planned frequency
of each activity should  also be presented.  Where there are significant dis-
crepancies between the number of planned monitoring  visits and the information
provided in the original pretreatment program submission,  an explanation
should be provided.   If  there are large discrepancies, the Approval Authority
may request a modification to the program including  a submission describing
the modification.
                                      10-5

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H/REG. X-l/#14

7.   Compliance with Local and Federal Standards
     Form 8 can be used to supply information related to compliance with local
and Federal pretreatment standards.  For each affected industrial user, the
following information should be presented:  whether notification of applicable
industrial user limits has been provided to the industrial user by the POTW or
alternatively a permit application or data disclosure form; whether a baseline
monitoring report (BMR) has been received from the industrial user, whether
the industrial user is in compliance; whether the industrial user is subject
to a compliance schedule and the final date of compliance, and; whether the
compliance status of the industrial user has been investigated.

8.   Control Mechanisms
     A list of industrial users that were issued permits, contracts, or waste
acceptance forms during the period covered by the report should be provided.
If there are users that have been identified through the industrial waste
survey that have not been issued permits, contracts, or IWAs, a narrative
explanation should be provided.  The effective date and date of expiration of
the control mechanism(s) should also be presented, as well as compliance
deadline date.  Form 9 provides the list of informational requirements.

     If the POTW modified or reissued a permit, contract or IWA during the
reporting period, it should provide the following information:

     •  Name of facility and address
     •  Reason for modification/reissuance (e.g., process modification,
        modification of compliance schedule, reporting requirements, etc.)
     •  Date of modification/reissuance.

     Form 9.a can be utilized to provide the above information.  The reason
for modification or reissuance can be entered in the "Comments" column.

9.   Planned Changes in Program Implementation
     A narrative summary of planned changes in implementing the pretreatment
program should be provided.  The Approval Authority will need to review and
approve any substantial changes.  These changes could include:
                                     10-6

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H/REG. X-1///14

     •  Major POTW  facility changes (e.g., primary  to  secondary treatment)
     •  Monitoring  program changes
     •  Administrative  procedure changes
     •  Legal authority changes
     •  Data management capabilities
     •  Sludge disposal changes
     •  Assistance  to industrial users
     •  Interjurisdictional issues.

Form 10 provides space  for discussing such changes.

10.  Summary of POTW Enforcement Actions
     A summary of enforcement actions taken by the  POTW must be included in
the Annual Report.  Form 11 can be used to supply this information.  The form
should list each industrial user that has been found to be in violation of
applicable standards and/or reporting requirements, describe the nature of the
violations and the  actions taken by the POTW in response to these violations.
Relatively insignificant violations, (e.g., a report submitted two weeks late)
do not need to be reported.  For each industrial user  that has necessitated an
enforcement action, the number of each type of action  should be noted on the
form.  In addition, it  should be noted whether or not  the violation has been
resolved.

     The General Pretreatment Regulations [40 CFR 403.8(f)(2)(vii)] , require a
POTW to publish a notice of significant violators in its local newspaper.
Form 11. a can be utilized to list any industrial users which fit the criteria
of a significant violator and were published in the local newspaper.
                                      10-7

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                                    FORM 1


                        POTW PRETREATMENT ANNUAL REPORT

                                  COVER SHEET
NPDES Permit Holder or Sewer Authority Name:  	

Report Date:  	__

Period Covered by This Report:  from	to	

Period Covered by Previous Report:  from	to	

Name of Wastewater Treatment Plant(s)                 NPDES Permit Number
Person to contact concerning information contained in this report:

           Name:

          Title:  	

Mailing Address:  	

                  	Zip Code;	

  Telephone No.:  	
1 have personally examined and am familiar with the information submitted in
this document and attachments.  Based upon my inquiry of those individuals
immediately responsible for obtaining the information reported herein, I
believe that the submitted information is true, accurate and complete.
             Date                        Signature of Official
                                                 Title
                                      10-8

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                                                                                  FORM  2

                                                                      INDUSTRIAL WASTE  SURVEY UPDATE
                         Addition/
                         Deletion/                                                          Wastewater          Pollutant
                         Significant      Name  and Address of       Industrial      SIC          Flow                 of
                          Changes           Industrial User         Activity       Code      (I.OOOgpd)           Concern        Comments
o
 i
vC
                         For each  facility, an entry of addition, deletion, or significant change needs to be made.  The comment column should
                         be filled out, especially where significant change entries are «ade.

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                                                                              FORM 3

                                                                   RESULTS OF  POTW PLANT SAMPLING
                                              Name  of Treatnent  Plant
O
 I
    Sample Date

    Parameter
     (•g/1)
    Oil and Grease
                                     Influent
                                                                Effluent
Removal Rate (Z)
Sludge (nig/kg)
 Permit Sampling
Protocol Pot lowed?

      (Y/N)A
      If  »ore  than one treatment  plant  in  POTW system,  show this  information  separately  for  each  plant.

      If  POTW  Is  required to sample more than three times,  use additional  sheets.

      In  addltioq to BOD  and Oil  and Crease, the parameters should be those  Identified  In the  pretreatment  section  of  the  POTW's
      permit (I.e.,  As,  Cd,  Cr, Cu,  CN,  Pb,  Hg,  Ag, Nl, Zn  and organic toxics,  etc.).

      If  the sampling protocol  Identified  In the POTW's permit was  not followed, describe  on a  separate  sheet  what frequency  and type
      of  sampling was conducted.
      All  val>    reported In mg/1  unless  otherwise noted.

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                                    FORM 3.a
1.  List laboratory conducting  analysis
2.  Describe type analysis  [i.e.,  indicate method (GC, GCMS, AA, HPLC,  wet
    chemistry analysis)]
3.  Discuss whether existing  local  limits  contained in sewer use ordinance
    continues to protect against  interference,  sludge contamination,  or  pass-
    through.
                                       10-11

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                                    FORM 4
Describe significant changes (if any) that occurred in operating the pretreat-
ment program over the past year.
                                       10-12

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                                                         FORM 5




                                       UPSET, INTERFERENCE, AND PERMIT VIOLATIONS
o
 i
                                                      Explanation/Reason              Corrective Actlon(s)
                                                                      l
          Type of Incident        Frequency            for Incident(s)                      Taken
        If known, identify the responsible industrial user.

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                                                                        FORM 6
                                                              INDUSTRIAL USER MONITORING
          Industrial User
Sampling
Date(s)
Inspection
 Date(s)
Violation
  (Y/N)
Nature of
Violation
Enforcement
  Action
O
 I
           Supplemental sheets may be needed and attached to this form to describe  an  event,  and  enforcement  action.

           Identifying the noncomplylng facility should result In some action by the FOTW (such as  verification  sampling).   Refer  to Chapter
           13 of the Implementation manual for discussion of type enforcement actions  available,  and  a discussion of  circumstances  that
           should be considered In deciding what enforcement action Is warranted.

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                                    FORM 7

                  PLANNED INDUSTRIAL USER MONITORING SCHEDULE
                                Sampling                Inspection
                                Frequency/              Frequency/
Industrial User                 Year                    Year
                                      10-15

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o
 I
                                                                     FORM  8

                                                  COMPLIANCE WITH  LOCAL AND  FEDERAL STANDARDS1
                                                                                 Subject to                              Compliance
                                                 BMRs                             Compliance        Final Date                Not
                           .      Notified       Received      In  Compliance          Schedule             of               Investigated
            Industrial  User       (Y/N)          (Y/N)           (Y/N)                (Y/N)           Compliance              (Y/N)
            Note:

             Additional sheets may be needed depending on number of affected users.
            2
             If the Industrial facility Is covered by local limits, use the symbol "L"  after the  facility's  name.   If  covered  by
             Federal standards, use the symbol "F".  If covered by both,  use symbol  "LF".

             The POTW may elect to utilize a permit application or data disclosure form In lieu of  a  BHR.   If  this  Is  the case,  use
             the following Identifiers after "Y":  BUR - B, Permit Application - P.A.,  Data Disclosure  » D.D.

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o
 I
                                                                        FORM 9

                                                  INDUSTRIAL USERS ISSUED PERMITS, CONTRACTS OR IWAs
                                                                                                Compliance
          Industrial User/    SIC   Issuance   Expiration   Pollutants   Average   Monitoring    Schedule    Compliance
             Address         Code     Date        Date       Limited      Flow     Frequency      (Y/N)         Date          Comments
           List* the pollutant and the numerical limit.  Identify If limit Is locally developed by the symbol "L" after the value or with the
           symbol "F" if It Is a Federal standard.

           To differentiate between monitoring frequencies, use an S for Industrial user self-monltortng and P for POTW compliance
           mon^orlng.

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                                                                     FORM 9.a



                                          INDUSTRIAL USERS  REISSUED/MODIFIED PERMITS, CONTRACTS ON  IWAs
                                          j               j      Modification/

           Industrial User/      Modified       Reissued          Issuance         Expiration

              Address               (Y/N)           (Y/N)            Date              Date                     Comments
O
 i
oo
                lain under  the comments column the reason(s) for modifying      ulng the permit•

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                                     FORM 10
Provide a summary of planned  changes in implementing your pretreatment
program.
                                       10-19

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                                                                        FORM 11
                                                         SUMMARY OF POTW ENFORCEMENT ACTIONS
                                                                                              Number  of  POTW
                                                                                      Actions  to Obtain  Compliance

Industrial
User

Type of
Violation
Notice of
Violation
(letter)

Informal
Meeting
Show-
Cause
Hearing
Legal/
Judicial
(order)
Violation
Resolved
Other (Y/N)
o
 I
tsJ
o
          1
           Additional  sheets may be needed to describe  a  particular  situation with  a  noncoraplylng  facilty.

           Type  of  violations should be listed.   The  POTW could  make up  their own code  for  describing  the  type  violation.  The  following
           codes can be  used:  failure  to report  (FR),  failure to  comply with Pretreatment  Standards (FPS),  falsification  (F),  tampering
           with  equipment (T),  Interference (I),  endangerment  (E).

           Desctlbe on a separate sheet what actions  were taken, If  an entry Is  made  In the "Other" column.

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                                   FORM  11.a
List all significant noncomplying  industrial  facilities that were public
noticed in the local newspaper.
                                      10-21

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            ATTACHMENT  10.1






NPDES PERMIT PRETREATMENT REQUIREMENTS

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                                                      (example pretreatment language
                                                      for Region X POTW permits)
     M.   Pretreatment Program Requirements
          1.   The.permittee shall  Implement the Industrial Pretreatment
program 1n accordance with the legal  authorities, policies, procedures,
and financial provisions described  in the  permittee's pretreatment program
submission entitled,              and dated,         , and the General
Pretreatment Regulations (40CFR 403).  At  a  minimum, the following
pretreatment implementation activities shall be undertaken by the
permittee:

               a.   Enforce categorical  pretreatment standards promulgated
               pursuant  to Section  307 (b) and (c) of the Act, prohibitive
               discharge standards  as set  forth in 40 CFR 403.5, or local
               limitation specified in Section	of the
               (City/District) code,  whichever are more stringent or apply
               at  the time of Issuance 'or  modification of an (industrial
               waste acceptance form/industrial discharge
               permit/contract). Locally  derived limitations shall be
               defined as pretreatment standards under Section 307(d) of
               the act and shall not be limited to categorical industrial
               facilities.

               b.  Issue (industrial  discharge permits, contracts,
               industrial waste acceptance form) to all affected
               industrial users. (Permits,  contracts, industrial  waste
               acceptance forms) shall  contain limitations, sampling
               protocols, compliance schedule if appropriate, reporting
               requirements, and appropriate standard conditions.

               c.  Maintain and update,  as necessary, records, identifying
               the nature, character, and  volume of pollutants contributed
               by industrial users.   Records shall be maintained in
               accordance with Part II.G.4.

               d.  Carry out inspections,  surveillance, and monitoring
               activities on industrial  users to determine compliance with
               applicable pretreatment standards.  Frequency of monitoring
               of industrial user's wastewaters shall be commensurate with
               the character and volume of the wastes, but shall not be
               less than two(2) times per year.

               e.  Enforce and obtain remedies for non-compliance by any
               industrial users with applicable pretreatment standards and
               requirements.

          2.  The permittee shall develop  and submit to EPA for approval
within 6 months of the effective date of this permit, an accidental spill
prevention program to reduce and prevent spills and slug discharges of
pollutants from industrial users.   The program, as approved by the Agency,
will become an enforceable part of  this permit.

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          3.  Whenever, on the basis of Information provided to  the  Water
Division Director, U. S. Environmental  Protection Agency,  1t has been
determined that any source contributes  pollutants 1n the permittee's
treatment works in violation of subsection (b),  (c) or (d) of  Section  307
of the Clean Water Act, notification shall be provided to  the  permittee.
Failure by the permittee to commence an appropriate enforcement  action
within 30 days of this notification may result in appropriate  enforcement
action against the source and permittee.

          4.  Pretreatment Program Sampling Requirements

          The permittee shall sample, on a semi-annual  basis,  its
influent, effluent, and sludge over three consecutive days (Monday thru
Friday) for the following pollutants:  arsenic,  cadmium, hexavalent
chromium, total chromium, copper,  cyanide, lead, mercury,  nickel, silver,
and zinc.  Results shall be reported as total  except where noted otherwise.

          Daily samples of each shall be 24 hour composited and  shall  be
analyzed and reported seperately.   Where composite sampling is not
feasible for a particular pollutant, 3  grab samples over a 24  hour period
are acceptable.  Whenever possible, periods of sampling should be
representative of a wet weather and dry weather  period.

          The sampling protocol may be  modified  without formal notice, if
the results of the sampling data,  as presented in the annual report,
indicate levels pollutants are either insignificant or conversely
significant as they relate to interference at the treatment plant, sludge
contaminating or effects on water  quality.

          (Optional)  The permittee shall  perform chemical analyses  of its
influent, effluent, and sludge every (variable)  from the effective date of
this permit for all specific toxic pollutants listed in Tables II and  III
of Appendix D of 40 CFR 122..

          (Optional)  The permittee will  be required to conduct  a
flow-through/static/embryo-larval  bioassy to test (chronic/acute) exposure
on ecologically important species  in the area.

          5.  Pretreatment Report

               1.   The permittee  shall  provide  to the U.S. EPA  Region 10
Office an annual report that briefly describes the permittee's program
activities over the previous twelve months.  The Agency may modify,
without formal notice, this reporting requirement to require less frequent
reporting if it is determined that the  data in the report does not
substantially change from year to  year.   (The permittee must also report
on the pretreatment program activities  of all  participating agencies (Name
of agencies).)  This report shall  be submitted to the above address  no
later tnan	 of each year and shall  include:

                    (i)  An updated industrial  survey, as appropriate.

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                    (11) Results of wastewater sampling at the treatment
plant as specified 1n Section I.B.2.   In addition, the permittee shall
calculate removal rates for each pollutant, and provide an analysis and
discussion as to whether the existing  local limitations specific In
Chapter	Section  -       of the (City/District) code continue to be
appropriate to prevent treatment plant Interference, pass through of
pollutants that could affect water quality, and sludge contamination.

                    (111) Status of Program implementation to include:

                         a.   Any substantial modifications to the
                         pretreatment  program as originally approved by
                         the U.S. Environmental Protection Agency, to
                         include staffing and funding updates.

                         b.   Any interference, upset or permit violations
                         experienced at the POTW directly attributable  to
                         industrial users.

                         c.   Listing  of industrial users inspected and/or
                         monitored during the previous year and summary of
                         results.

                         d.   Listing  of industrial users planned  for
                         inspection and/or monitoring for the next year
                         along with inspection frequencies.

                         e.   Listing  of industrial users notified of
                         promulgated pretreatment standards and/or local
                         standards as  required in 40 CFR Part
                         403.8(f)(2)(1ii).

                         f.   Listing  of industrial users issued
                         (industrial discharge permits, contracts,
                         industrial waste acceptance forms).

                         g.   Listing  of-Industrial users notified of
                         promulgated pretreatment standards or applicable
                         local standards who are on compliance schedules.
                         The listing should include for each facility the
                         final date of compliance.

                         h.   Planned  changes in the implementation
                         program.

                    (iv) Status of enforcement activities to include:

                         a.   Listing  of industrial users, who failed to
                         submit baseline reports or any other reports as
                         specified in  40 CFR 403.12(d) and in Chapter	
                         Section	of the (City/District) code.

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                        b.   Listing of Industrial users  not complying
                        with federal or local pretreatment standards as
                        of the final compliance date.

                        c.   Summary of enforcement activities taken or
                        planned against non-complying industrial users.
                        The permittee shall provide public notice of
                        significant violators as outline in 40 CFR Part
                        403.8(f)(2)(1i).

          2.    The  permittee shall notify the EPA 60 days prior to any
          major proposed changes in its existing sludge disposal practices.

          (Optional)  The permittee shall provide information as required
of 40 CFR Part 403.12 (1) and (j) regarding removal allowance.

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             CHAPTER 11

COMPLIANCE MONITORING AND INSPECTIONS
         OF INDUSTRIAL USERS

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C/REG. X-2///24
                               1.   INTRODUCTION
     The overall success of a POTW's pretreatment program is primarily
dependent on a comprehensive and properly designed local monitoring program
for industrial users of the POTW system.  It is through monitoring activities
that compliance with permits, contracts, IWAs and ordinance requirements is
determined, user charges confirmed, and data generated for annual pretreatment
reports and other reports required by EPA or the State.  POTW monitoring of
industrial users also helps to verify self-monitoring data submitted by the
industrial user, support enforcement action, and help identify the industrial
user responsible for interference or pass-through problems experienced at the
POTW.  Labor and resources have a direct bearing on how many monitoring and
inspection visits will be conducted.  A POTW should develop a list of facili-
ties it plans to sample and inspect, including the frequency.  A list should
be developed annually by the POTW and be presented in its annual report to the
EPA or State.

     This chapter presents guidelines and procedures to be used by POTW
personnel when conducting on-site inspections and monitoring activities at
industrial facilities that discharge or could potentially discharge process
wastewater to the POTW's collection system.  The intent is to assist POTW
personnel in planning, collecting, and documenting adequate information to
determine compliance or noncompliance by all industrial users with Federal,
state and local pretreatment standards and requirements.  Safety consider-
ations for POTW personnel performing inspections and monitoring activities are
also discussed.  Various forms and guidance for conducting sampling and
inspections are also provided in the attachments to this chapter.  An outline
of a monitoring program is provided in Attachment 11.1.  For the purposes of
this guidance, monitoring shall refer to the process of collecting wastewater
samples by POTW personnel for chemical analysis.
                                     11-1

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A/Region 10/#24
                    2.    NEED  FOR INSPECTIONS AND MONITORING
2.1  REGULATORY INTENT

     The General  Pretreatment  Regulations (40 CFR Part  403)  require industrial

inspections and monitoring to  ensure compliance with all  applicable p'retreat-
ment regulations.  Section 403.8(f)(2)(v) states that POTWs  must develop

procedures to:


     "Randomly sample and  analyze the effluent from industrial users
     and conduct  surveillance  and inspection activities in order to
     identify, independent of  information supplied by industrial users,
     occasional and  continuing noncompliance with Pretreatment Stan-
     dards.


     Inspections  and monitoring are one of the most important ongoing tasks

throughout implementation  of the local pretreatment program.  Information
collected during  inspections and monitoring activities  will  be the basis for

all compliance and enforcement activities taken by POTWs  against industrial
users  in violation of pretreatment standards and requirements.


2.2  IMPORTANCE OF INDUSTRIAL  INSPECTIONS

     Industrial inspections are valuable in the overall implementation of

pretreatment  programs because  they provide:


     • A means to check the completeness and accuracy  of the industrial user
        performance/compliance records

     • A basis for  deciding on and conducting monitoring activities at the
        industry

     • A means for  communicating and developing a good working relationship
        with  industrial users

     • A mechanism  for maintaining current data on industrial users and
        determining  the users' compliance status

     • A means  to evaluate construction of treatment facilities

     • A means  to assess the adequacy of the user's self-monitoring and
        reporting program and the industrial discharge  permit

     • A means  to assess the potential for spills
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A/Region 10 ///24

     •  A means to evaluate the industrial user's operation and maintenance
        activities of its pretreatment system.

     Current data on industrial dischargers is necessary in a pretreatment
program to identify sources of problems and to provide a foundation for devel-
oping or amending local discharge limits for industrial users.  Industrial
inspections will help the POTW maintain current data on all its industrial
users (i.e., updating the initial survey), and if performed on a frequent
basis, the POTW should not need to repeat the industrial waste survey.

     Properly implemented on-site industrial,'inspections set the groundwork
for monitoring tasks associated with the pretreatment program.  Industrial
inspections can furnish the POTW with information needed to plan future moni-
toring activities (e.g., operating data, sampling considerations and loca-
tions, safety considerations, laboratory considerations, etc).  In addition to
this type of logistical information, the inspection can provide information
about needed changes in existing procedures at the industrial facility.  For
example, if a firm changes its processes to use fewer pollutants, the inspec-
tor might recommend that the POTW's analyses also be cut back to match the new
discharge.  Similarly a series of inspections can show a trend or a change
that necessitates a modification of monitoring schedules or frequency, or even
the industry's discharge permit.  In this way, inspections can be a useful
tool for adjusting and refining the POTW's pretreatment program to allocate
resources and undertake activities efficiently.

     An inspection should also check the industrial users self-monitoring
procedures and equipment (where applicable) to insure that data obtained by
these procedures and equipment are proper and accurate.  Items to be checked
in  this regard during the inspection include the following:

     •  The user's sampling location(s) includes all the effluent from process
        and nonprocess wastewater system(s);
     •  The sampling location specified in the permit is adequate for the
        collection of a representative sample of the wastewater;
     •  The user's sampling technique is adequate to assure the collection of
        a  representative sample;
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A/Region 10///24

     •  The user's  permit  sampling and monitoring requirements will yield
        representative  samples;  and
     •  The parameters  specified in the user's permit  are  adequate to cover
        all pollutants  of  concern that may be discharged by  the permittee.

     Industrial  inspections  also serve to establish and maintain a good rap-
port between  the POTW and  industrial users.  The inspection  is a good time for
exchanging ideas and concerns.   During industrial inspections, POTW personnel
can inform the industrial  user of any new or updated pretreatment regulations
or offer technical  assistance on pretreatraent techniques,  particularly to
smaller industries.                         ,'

2.3  IMPORTANCE  OF  MONITORING ACTIVITIES
     Probably the most  important tool for ensuring the enforcement of local
standards and other legal  authority provisions is obtaining  accurate flow
measurements  and representative samples of industrial  users' discharges to
determine compliance with  applicable regulations and wastewater discharge
requirements.  POTW personnel may often visit an industrial  user only to
collect samples  and not conduct a complete industrial  inspection.  Because of
the potential for contamination of samples and significant errors in the
results, it is essential that extreme care be exercised in selecting repre-
sentative sampling  locations, proper equipment and appropriate sampling and
analysis protocol.   Sampling considerations and references for sampling and
analytical procedures are  provided later in this Chapter.
              3.   TYPES AND FREQUENCY OF INSPECTIONS AND MONITORING
 3.1  TYPES
      Industrial inspections and monitoring activities are prompted  or  initi-
 ated  much in the same way.  They may be:  scheduled in advance with the indus-
 try;  unscheduled with little or no prior notice to the industry;  or demand,
 usually  in response to a problem or emergency such as a spill at  an industry
 or  an upset at the POTW treatment plant.
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3.1.1  Scheduled
     Scheduled inspections and monitoring are planned in advance by the POTW
with prior notice to the industry.  Depending on the size and type of indus-
try, the date and time of the planned visit should be mutually agreed upon one
week to one month in advance.  The purposes of scheduled inspections and moni-
toring are to:

     •  Collect information and obtain samples to evaluate industry compliance
        with  local, State and Federal pretreatment standards and requirements
     •  Identify changes in industrial processes that may affect the quality
        of the industrial discharges and subsequent permit limitations
     •  Maintain a cooperative as well as a regulatory presence with the
        industrial community
     •  Update the POTW's industrial user data base
     •  Verify self-monitoring reports submitted to the POTW by the industrial
        user.

3.1.2  Unscheduled
     Unscheduled monitoring and inspections represent a random spot check to
evaluate industry compliance.  These unscheduled visits have the same purposes
as  the scheduled inspections, however, no advance notice is provided to the
industry.  The unscheduled inspection is effectively conducted simultaneous
with sampling activities of the industry's effluent.  Most cases of non-
compliance are identified during unscheduled inspections and monitoring
activities.   Unscheduled monitoring activities can occur as often as once per
week when an  industrial user is suspected of having difficulties maintaining
consistent compliance.

3.1.3  Demand
     Demand monitoring and industrial inspections are usually performed in
response to a complaint or an emergency situation.  A POTW may receive com-
plaints  from  the public or reports from other agencies concerning discharges
to  the POTW system by an industrial user.  Demand monitoring and inspections
should also be initiated if POTW personnel notice changes to the influent
                                      11-5

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A/Region 10/#24

characteristics of  the  treatment plant or an upset or interference of treat-
ment plant processes.   Monitoring and inspections of  this  type should:

     •  Determine the nature,  duration and hazard of  the discharge
     •  Obtain samples  to  verify the source and constituents of the discharge
     •  Ascertain the necessary corrective actions needed  to be taken to con-
        tain or halt the discharge
     •  Initiate corrective actions, if needed
     •  Document information needed for follow-up compliance or enforcement
        activities.

     When emergency situations arise in the treatment plant or collection
system  (upsets, blockages,  fires, explosions, etc.) industrial inspections
should  be initiated immediately.  Similarly, sampling and  laboratory staff
should  be notified  to aid  in determining the source and constituents of the
discharge.  Inspections and monitoring of suspected industrial users will
generally determine the source(s) of the problem.  Remedial actions to be
taken by the responsible industrial user can also be  determined during the
industrial inspection.  In addition to the information stated above, POTW
personnel performing demand inspections in response to an  emergency should:

     •  Notify other agencies (local, State or Federal) as appropriate
     •  Make all information on the industry available to  the person or agency
        in charge of the response effort
     •  Stay in direct  contact with the POTW managers in case:
        -  special  equipment or remedial actions is needed
        -  injunctions  or  legal opinions are needed
        -  high level decisions are needed
     •  Collect and adequately document all information should enforcement or
        litigation  procedures be pursued at a later date.

3.1.4   Self Monitoring
     It may not be  possible or advisable for a POTW to perform all of the
monitoring desired  to  ensure that each industrial user is  complying with pre-
treatment  requirements. POTWs have the option of requiring users to perform
                                      11-6

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B/Region 10///24

their own sampling and analysis and to have the results sent to the POTW.
Categorical Pretreatment Standards require certain industries to perform self-
monitoring.  However, POTWs must perform scheduled and unscheduled monitoring
to verify the results submitted by industrial users in self-monitoring
reports.  Industrial user self-monitoring and reporting requirements are
discussed in further detail in Chapter 9.

3.2  FREQUENCY
     POTW personnel must determine the frequency with which industrial inspec-
tions and monitoring will occur.  Significant or major industrial users should
be inspected and sampled, at a minimum, twice per year; one scheduled and the
other unscheduled.  However, there are overall factors to be considered in
determining the frequency of monitoring inspections, including:

     •  Past performance of and compliance by an industrial user
    r
     •  Flow and constituents of the industrial user's discharge
     •  Extent and number of problems in the collection system and at the
        treatment plant which are the result of industrial waste discharges
     •  Number and significance of industrial users in the POTW's service area
     •  Available manpower and finances
     •  Quality of the industrial user data base
     •  Proposed methods to update the date base
     •  New or additional pretreatment standards and requirements
     •  Seasonal production schedules at an industry.

     Attachment 11.2 provides an example of a POTW's monitoring frequency.

     Regardless of the inspection and monitoring frequency described in a
POTW's  approved pretreatment program submission, the implementation phase of
the program will provide POTW staff with an opportunity to evaluate industrial
users and  the  inspection and monitoring frequencies.  Once a history has been
established for each industrial user, then POTW personnel can reallocate
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A/Region 10///24


resources for  inspections  and  monitoring to focus on industrial users which
have difficulty with  compliance.
                 4.  CONDUCTING ON-SITE INDUSTRIAL INSPECTIONS


4.1  CONTENT OF AN  INDUSTRIAL INSPECTION

     The  industrial inspection provides an excellent opportunity  for POTW

staff  to  collect information about an industry and evaluate  its compliance

with pretreatment standards and requirements..  Presented below is a descrip-

tion of the  information which should be collected and documented  during an

on-site inspection.


     • Industry name

     • Site address

     • Correspondence address

     • Contact name,  title and telephone number

     • Year the industry was established on site

     • Number of employees per shift

     • Applicable  Standard Industrial Classification (SIC)  codes

     • A schematic of the water flow through the industry and the location of
        all  wastewater discharge lines that flow to the POTW system; the
        schematic should also include the layout of major plant features

     • A description  of each discharge (including any batch discharges),
        including the  amount, chemical nature, frequency and destination of
        each discharge

     • A description  and process flow diagram of each major product line and
        process utilized within the plant, particularly processes which may be
        subject to  Federal Categorical Pretreatment Standards

     • A detailed  description and appropriate sketches of existing pretreat-
        ment facilities, including operating data, if available

     • A list of pollutants of interest at the plant.  The list  should be
        divided into two categories:  (1) pollutants that come in direct con-
         tact with  the  water that is discharged to the POTW and  (2) pollutants
        that do not come in direct contact, but have a potential  to enter the
        wastewater  due to spills, machinery malfunctions, etc.
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B/Region 10///24


     •  Identification of appropriate sampling locations

     •  Availability of sampling results performed by the industry

     •  Proximity of chemical storage to floor drains and whether floor drains
        discharge to storm or sanitary sewers

     •  A description of spill control practices the industry uses.  Informa-
        tion about past spills, unusual discharges or temporary problems with
        any of the process units that may affect the wastewater discharge
        should be included

     •  A description of air pollution control equipment that may generate a
        wastestream, pollutants which are likely to be found in the waste-
        stream and the discharge or disposal' method and location

     •  A description of how waste residuals (solids) are handled, stored
        and/or disposed

     •  A description of proposed or recent changes to the industry's proc-
        esses that would affect the discharge characteristics or sampling
        locations

     •  A description of any operational problems or shut downs of pretreat-
        ment facilities

     •  Identification of specific hazards and establishment of procedures to
        ensure safety of POTW personnel while at the industrial facility

     •  Other information as may be necessary.


     Attachment  11.3 of this chapter contains a form called an Industrial

Investigation Report which is used by one POTW to document the information

collected during an on-site  inspection.  Several variations of the inspection
form are used by POTWs, however, the type of information collected is gener-

ally the same.   In the case  of the sample inspection form in Attachment 11.3,
the POTW prepared the inspection report form so the first two pages would

serve as a  data  encoding form.  All the information on pages one and two are

directly entered onto a computerized data base.  POTWs with many industrial

users often use  a computer to manage the information in an industrial user

data base.  A second example In Attachment 11.3 provides an Industrial

Investigation Report that is manually filed.
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4.2  PROCEDURES FOR CONDUCTING ON-SITE INDUSTRIAL INSPECTIONS
     Adequate preparation  and training of POTW personnel  is essential for
utilizing the industrial inspection to its fullest capabilities.  In order to
ensure that adequate  steps are taken to prepare for the inspection and that
all the necessary  information is collected during the on-site visit, a check-
list has been prepared  as  a guide for POTW personnel (Table 11.1).  The
checklist covers three  areas:   preparation for the inspection;  conducting the
on-site inspection and  follow-up compliance activities.   Once POTW personnel
have conducted several  on-site industrial inspections and are familiar with
the necessary steps,  the checklist would only be necessary for  occasional
reference and training  of  new personnel.
                      5.   CONDUCTING MONITORING ACTIVITIES
5.1  INTRODUCTION
     An effective  POTW  pretreatment program must include  the ability to take
wastewater  samples and  arrive at meaningful and supportable analytical
results.  Such  a monitoring program has two goals.  The first  is to determine
the impact  of industrial  wastes on the POTW's collection  and treatment system
including impacts  on  treatment plant operations, sludge management alterna-
tives and receiving stream quality.  The second goal is to evaluate compliance
by all industrial  users with applicable pretreatment standards and require-
ments.  The POTW's monitoring program may consist of any  combination of
in-house sampling  and analytical capabilities or contracted services.
However, the POTW  must  ensure that the monitoring program consists of properly
trained personnel, accepted sampling procedures and analytical protocol and
accurate record keeping to ensure the validity of the results.  Data collected
from a POTW's monitoring  program will likely be the basis for  establishing
local discharge limitations and determining compliance by industrial users,
therefore extreme  care  must be taken during all phases of the  monitoring
program.  Section  403.8(f)(2)(vi) of the Regulations states: "...Sample taking
and analysis and the  collection of other information shall be  performed with
sufficient  care to produce evidence admissable in enforcement  proceedings or
in judicial actions."
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                                  TABLE 11.1

                  INDUSTRIAL INSPECTION PROCEDURES CHECKLIST
COMPLETED
   ( )
         A.  PREPARATION FOR THE INSPECTION

     1.  Determine the need for inspection of the given industry.  This
         exercise will involve review of the industrial users'  permit and/or
         applicable regulations and discharge limits.

     2.  Review existing files for available information about  the industry.
         Existing information such as plant layouts, process flow diagrams,
         compliance schedule (if applicable), and wastewater analytical data
         should be taken along during the inspection and verified for accur-
         acy.

     3.  Review water and sewer records to determine water usage and verify
         connection to the sanitary sewer.

     4.  Review literature about unfamiliar industrial processes which may be
         encountered.  Prepare specific questions to be asked about industrial
         processes to be encountered,  (see Attachment 11.4 for sample
         questions)

     5.  As appropriate, contact the industrial user to establish a convenient
         date and time to perform the inspection.  In some cases, no advance
         notice should be given.

     6.  Prepare sample containers and sampling equipment if monitoring
         activities may be performed.

     7.  Confirm availability of your co-inspector.  Two POTW personnel should
         be present during an industrial inspection.
         B.  THE ON-SITE INSPECTION

      1.  Conduct a peripheral examination of the industrial user.  Note  the
         size of the industry, additional buildings, outside chemical storage,
         and location of the sanitary sewer.

      2.  Observe the physical characteristics of the wastestream in  the
         sanitary sewer which is emanating from the industrial user, if  access
         is available.  Obtain samples if appropriate.

      3.  Establish contact with the chief executive officer, plant manager or
         engineer or another person in similar authority.
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D/REG. X-2///39


                            TABLE  11.1  (Continued)
     4.  Request a pre-inspection meeting/discussion with the  industry  repre-
         sentative(s) to:

         •  Provide an overview of the  local  pretreatment program  and how  it
            affects the industry

         •  Explain the purpose of your visit

         •  Emphasize that any process  information necessary for the inspec-
            tion report which the industry  feels is proprietary can be  handled
            as confidential information.  However, advise the  industry  that
            effluent data is public  information subject  to public  access
            through appropriate means.

         •  State the POTW's intent  to  work cooperatively with industry to
            meet the goals and requirements of the pretreatment program and
            the National Pretreatment Policy  including Categorical Pretreat-
            ment Standards

         •  Describe the information you wish to collect during the inspec-
            tion.  Offer the industry official an opportunity  to review the
            inspection report form that you intend to complete.

         •  Provide the industry with any written information  about the pre-
            treatment program, if available

         •  Answer any questions for the industry representative about  the
            purpose of the visit or  about the pretreatment program

     5.  Obtain the basic biographical  information about the industry such as
         industry name and address,  contact name, title  and phone  number,
         number of employees, general overview of the business etc.

     6.  Request a complete tour of  the facility and obtain all necessary
         information to complete the industrial inspection.  If the industry
         manufactures a product, it  may be  advantageous  to follow  the process
         in sequence so that flow diagrams  can be prepared.
     7.  Document the exact locations of  all  sampling points  used  by  the
         industry.  This is especially important if the combined wastestream
         formula is used by the industry  to determine discharge standards.

     8.  Check for implementation of an Accident Spill Prevention  Control Plan
         at the industry.  Comment as appropriate on the operation and effec-
         tiveness of the plan.

     9.  During the inspection it should  be determined if sampling inside the
         industry will be necessary.  Sampling  should be conducted at this
         time or scheduled for a later time with the industry.  Unannounced
         (unscheduled) sampling may be done at  any time in the sanitary sewer
         or at the industry with no advance notice.
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C/REG. X-2///24


                            TABLE 11.1 (Continued)
     10. Results of any sampling activities should be incorporated into  the
         inspection report.

     11. Complete the inspection report as soon as possible after the site
         visit to aid in its accurary.  Both inspectors must sign and date the
         final report upon completion.  If the industry has requested that
         specific process information remain confidential, that information
         should be handled as such.  Data on the effluent characteristics
         cannot be considered proprietary.
     12. If no follow-up activities are required, the report may be appropri-
         ately filed.
         C.  FOLLOW-UP COMPLIANCE ACTIVITIES

     1.  When all the information has been evaluated, the final conclusion  in
         the inspection report should indicate whether or not the industrial
         user is in compliance with applicable pretreatment standards and
         whether any further action is needed by the POTW at this time.
         Recommendations with regard to future monitoring may be included,
         where appropriate, such as:

         •  If the industrial user has .been consistently in compliance and  has
            had no major problems, then the monitoring frequency might be
            reduced or abbreviated.

         •  Conversely, if the monitoring visit results show problems with
            pretreatment facilities, chemical handling, or other violations,
            then the POTW may want to increase the monitoring frequency,
            modify the industrial discharge permit, request additional
            information from the industrial user, etc.

     2.  If the industrial inspection or sampling results identify problems or
         violations, the appropriate POTW staff must be notified and copies of
         the report made available to them.  A POTW staff person should be
         assigned to follow through with the problem/violation until it is
         satisfactorily resolved.  The POTW should:

         •  Notify the industrial user of the problem/violation (i.e. ,
            issuance of a written violation)

         •  Possibly conduct additional sampling to verify violations

         •  Establish or require the development of a compliance schedule

         •  If appropriate, request that enforcement proceedings be taken
            against the industrial user

         •  Ensure that remedial actions have been taken by the industrial
            user
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                             TABLE  11.1  (Continued)
         •  Keep POTW management  informed of the status  of  compliance/enforce-
            ment actions

         •  Submit a final  report to the file once corrective actions have
            been completed.

     3.  If the industrial  user has  processes which are  subject  to Federal
         Categorical Pretreatment Standards, then the POTW  must:

         •  Notify the  industrial user of its responsibilities
         •  Submit a category  determination 'request  to  the Approval Authority
            [403. 6(a)], if appropriate

         •  Require the development  of  a compliance  schedule for the installa-
            tion of technology required to meet applicable pretreatment
            standards  [403. 8(f )(1 )(iv)(A) ]

         •  Require the submission of all  notices and reports (baseline moni-
            toring report, self monitoring reports,  etc.) from the industrial
            user [403.8(f)(l)(iv)(B)].

     4.  Finally, all  reports,  communications,  data, etc. on each industrial
         user should be filed  in  a manner  so the information is readily avail-
         able to the appropriate  POTW staff.
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C/REG. X-2/#24


     Sampling and analysis of an industrial user is conducted to accomplish

one or more of the following objectives:


     •  Verify compliance with wastewater discharge limitations

     •  Verify self-monitoring data

     •  Verify that parameters specified in the industrial user's permit are
        consistent with wastewater characteristics

     •  Support reissuance and revision

     •  Support enforcement action.


5.2  GENERAL CONSIDERATIONS OF A MONITORING PROGRAM

     The four basic factors which affect the quality of the data resulting
from the POTW's monitoring program are sample collection, sample preservation,
sample analysis and data recording.  Several documents are available which

address these four areas in detail and can usually be obtained from a univer-
sity library or the National Technical Information Service, U.S. Department of

Commerce, Springfield VA 22161.  It is strongly recommended that these
references form the basis for any monitoring program.  They include, among

others:
     •  Handbook for Sampling and Sample Preservation of Water and Wastewater,
        U.S. Environmental Protection Agency, Environmental Monitoring and
        Support Laboratory, September 1982.  Report No. EPA-600/4-82-029.
        NTIS PB83-124503.

     •  Methods for Chemical Analysis of Water and Wastes, U.S. Environmental
        Protection Agency, Environmental Monitoring and Support Laboratory,
        1978.  Report No. EPA-500/4-79-020.  NTIS PB 297686.

     •  Guidelines Establishing Test Procedures for the Analysis of Pollu-
        tants; Proposed Regulations.  40 CFR 136.  December 18, 1979.

     •  Standard Methods for the Examination of Water and Wastewater, American
        Public Health Association, 15th Edition.

     •  Handbook for Analytical Quality Control in Water and Wastewater Labo-
        ratories , U.S. Environmental Protection Agency, Technology Transfer,
        June 1972.

     •  NPDES Compliance Sampling Inspection Manual-MCD-51, USEPA Enforcement
        Division, Office of Water Enforcement, Compliance Branch.
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C/REG. X-2/#24


     •  Compliance Evaluation Inspection Manual, EPA, Office of Water Enforce-
        ment, July 1976.

        Although some  of the information in the references above are related
        to the NPDES program^ this information may  be helpful to the POTW.


     Some general points  to be considered in preparation  for a sampling visit

are:
     •  The inspectors  should know:

        -  the exact  locations to be sampled
        -  the parameters to be sampled
        -  the type of  samples to be taken (grab,  time composite, or flow
           composite)
        -  the type of  sample containers
        -  the preservatives needed

     •  The inspectors  should be aware of process  and flow variations, recent
        shut downs etc.  (i.e., weekends, holidays, seasonal production).

     •  Sampling equipment should be calibrated and  tested to be sure it
        functions properly and the inspectors are  familiar with its operation.

     •  All sampling  "paperwork" should be filled  out to the extent possible
        and all containers properly  marked.   This  would include sample
        requests,  sample tags, chain-of-custody forms, marked containers,
        etc.  Examples  of some of these record sheets and sample tags are
        provided in Attachment 11.5.

     •  The laboratory  doing the analysis should be  notified in advance of the
        number and type of samples expected, in order to prevent extended
        holding times before samples are analyzed  and to assist in overall
        laboratory planning.


     By the time the POTW field sampling team reaches the industry they will

already know what parameters they will collect samples for, where and how they

will sample, and have all the appropriate equipment  (including safety equip-
ment, sample bottles, preservative,  field log sheets, lab forms, chain-of-

custody forms, etc.) readily available.  To  determine the pollutant loading

rate into the POTW system, it may be important to  make an accurate flow

measurement for each regulated discharge. Therefore, POTW inspectors should

also be prepared to measure the flow in case the industrial user does not

regularly monitor the amount of wastewater discharged.  Some general points to

be considered in collecting industrial samples are:
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C/REG. X-2/024
        Samples should be collected in a location that is easily accessible
        and provides a well-mixed representative sample of the regulated
        wastestream.

        Sampling points should be located where no discharge other than the
        discharge from the industrial user being monitored is present.  Repet-
        itive samples should always be taken in the same locations.

        Any discrepancies between industrial self-monitoring sample points and
        POTW sampling points should be noted and corrected as appropriate.

        The POTW inspectors/samplers should look for any evidence of
        accidental spills at the industry.  During the visit.they should check
        for apparent compliance to the requirements of their Accident Spill
        Prevention Control Plan.

        Sampling equipment selection and installation must be tailored to the
        hydraulic characteristics and physical and chemical constituents of
        the wastewater.

        Composite samples should be collected during the industry's regular
        working hours, if possible.  Ideally, flow proportioned samples should
        be taken.  At a minimum, the composites should consist of equal-volume
        samples collected in two-hour intervals.  Attachment 11.6 provides a
        discussion on sampling techniques.

        Samples must be collected and stored in the proper containers (i.e. ,
        glass for oil and grease, glass or polyethylene for metals, etc.) and
        properly preserved.  Attachment 11.6 provides information about sample
        containers and preservation.

        Samples need to be packaged properly for shipment to the lab in a
        manner that ensures that the characteristics to be analyzed are not
        altered.  Samples should be shipped to the lab as soon as possible.

        Accurate reports must be maintained, indicating the time, date, loca-
        tion, type of sample, method of collection and preservation, name of
        person who collected the sample, and any pertinent comments.  The
        development of a field data form would ensure that the required infor-
        mation would be obtained.

        Sampling QA/QC should be conducted.  There are several ways this can
        be accomplished:

        -  split samples with the industrial user for analysis by a certified
           lab of the user's choice.  Be sure that different labs are using
           the same analytical technique when analyzing the split samples

        -  take duplicate samples at a single discharge point to help deter-
           mine sampling and analytical consistency

        -  "blanks" or standardized samples with a known amount of pollutant
           should be periodically analyzed by the lab for each parameter being
           checked.
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A/Region 10///24

                            6.   SAFETY CONSIDERATIONS

     Industrial  inspections and sampling activities are often  carried out in
hazardous situations.   POTW personnel must be adequately trained,  in teams of
not less than  two  people,  to identify potential hazards and  take  necessary
precautions  to avoid  dangerous situations.  The supervisor is  responsible for
ensuring the safety of  his/her subordinates and should therefore  document that
they have received proper  safety equipment and training.  Table  11.2 lists
safety equipment which  is  typically provided to industrial inspection and
sampling teams.  Discussed below are some of the more common hazards that POTW
personnel will encounter while performing industrial  inspections  and sampling
activities.

6.1  HAZARDOUS ATMOSPHERES
     Confined  spaces  such  as manholes, metering vaults and other  unventilated
areas may contain  inadequate amounts of oxygen or collect toxic gases such as
hydrogen sulfide,  carbon monoxide, hydrogen cyanide as well  as explosive gases
such as methane.  Before entry into any confined space, POTW personnel must
always determine the  adequacy of the atmosphere with  a oxygen/combustion/H_s
meter or continuously ventilate the confined space with a blower.

6.2  PHYSICAL  HAZARDS
     Care should be exercised when removing manhole covers and entering man-
holes for sampling and  observation activities.  Personnel should  wear protec-
tive clothing  including a  hardhat, safety glasses, gloves, coveralls, etc.  'An
acceptable  harness and  safety rope, preferably attached to a portable winch,
should be worn by  any person entering a vertical manhole. Sampling equipment
and tools should be moved  in and out of the manhole with a canvas bucket or
sling attached to  a  rope.   If there is any doubt about the soundness of the
manhole steps, a portable  ladder should be used.

6.3  TRAFFIC
     Traffic cones,  markers, warning signs and barricades should  be used to
properly  divert  traffic around sampling locations and manholes.   State
                                      11-18

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A/Region 10/#24
                                  TABLE 11.2
                           TYPICAL SAFETY EQUIPMENT
                                      FOR
                   INDUSTRIAL INSPECTION AND SAMPLING TEAMS
         oxygen/combustion/H2s meter with alarm
         air blower with  15' hose
         safety harness and tripod
         safety rope
         hard hat
         rubber boots
         safety glasses
         rubber gloves
         coveralls
         flashlight  (explosion proof)
         manhole hook or  pick
         first aid kit
         fire extinguisher
         safety ladder  (aluminum, chain  or  rope)
         safety cones
         warning flags
         particulate masks
         self contained breathing apparatus
         traffic diversion  devices
                                      11-19

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A/Region 10/#24

Departments of Transportation usually dictate particular  requirements for
traffic control.

6.4  MEDICAL EMERGENCIES
     Every member of  the  industrial inspection and sampling  team should be
instructed on the procedures  to be followed in an emergency.  The National Red
Cross courses in First Aid  and Cardiopulmonary Resuscitation (CPR) provide a
good basis of training for  medical emergencies.  POTW personnel should also be
trained in rescue operations.  Rescue is often complicated by the fact that
the victim of an accident at  a sampling site'is underground  in a confined
space.  If the victim cannot  be retrieved by his harness  and rope, entry into
the manhole by another person must not be attempted without  the use of a self
contained breathing apparatus.
                         7.   CHAIN-OF-CUSTODY PROCEDURES

     Once  the  appropriate sample is obtained and stabilized,  it is essential
 that POTW  sampling personnel properly document the methods  used to collect the
 sample,  as well  as the  chain of possession of the sample from collection to
 analysis.  Chain-of-custody procedures are a critical aspect  in monitoring
 industrial users.   Since it is impossible to predict which  violations will
 require  legal  action, it should be assumed that all data generated from
 sampling will  be used in court.  If a case utlimately goes  to trial, the
 integrity  of the data must  be established.  The sampling results will only be
 admissible in  court if  POTW personnel can prove that a sample has been
 properly collected, preserved, and analyzed, and has not been tampered with or
 mishandled.

     Some  of the items  that you will need to consider, at a minimum, to
 address  adequately chain-of-custody concerns are:

     •  Name of  person  collecting the sample
     •  Date and time  of sample collection
     •  Location of sample collection
                                      11-20

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A/Region 10/024

     •  Type of sample collected (i.e., grab, composite)
     •  Preservatives used for each sample type
     •  Names and signature of any persons handling  the samples in  the  field
        and laboratory.

     It is often convenient and efficient for a POTW to develop a chain-of-
custody form that can be used by its sampling team.   See Attachment  11.5.
This form should accompany the sample at all times.   It may be in the best
interest of the POTW to document properly the protocols followed during the
sampling and analysis of industrial wastewaters.  Adequate documentation is
particularly important in the case of priority pollutant sampling where the
sampling and analysis techniques are not as well  recognized as those for
conventional pollutants.
                                      11-21

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                    ATTACHMENT 11.1

MUNICIPAL MONITORING OF INDUSTRIES DISCHARGING TO POTWs
      (WISCONSIN DEPARTMENT OF NATURAL RESOURCES)

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           Municipal Monitoring of Industries Discharging to POTW's


The Municipal Pretreatnent Monitoring Program will include review of
self-monitor ing, reports, facility inspection, compliance monitoring, and
demand monitoring of industrial users to ensure compliance with spedfic
objectives of the national, state, and local pretreatnent program.

Whereever possible the Pretreatnent Monitoring Program will  be integrated with
outer ongoing industrial wastewater monitoring programs, such as user  charge
monitoring now being conducted by nany municipalities.

Initial visits to an industrial facility will be announced visits.  The
industrial user will be advised that subsequent visits nay be announced  or
unannounced, as necessary.

The Municipal Pretreatnent Monitoring Program will be reviewed and approved
annually by the Wisconsin Department of Natural  Resources.

1.  Review of Self-Monitoring Reports

    Function;  Determine basic compliance or non-conpliance  with specific and
    general effluent limits applicable to a given industrial  user.
    Self-monitoring reports will  be reviewed and considered  prior to
    initiating facility inspections, compliance monitoring,  or demand
    monitoring procedures.

    Participation:  Industrial users subject to federal, state,  or local
    self-monitoring requirements.  Included here are  federal  or  state
    categorical  self-monitoring reports, state NR 101  reports,  and any
    self-monitoring reports that are required pursuant to local  limits
    established in a sewer use or other local ordinance.  Also  included  here
    are municipal review of local water consumption records,  user charge
    effluent data, and any other available information pertaining to
    wastewater discharges by the industrial  user.

    Commencement:  Ongoing, but expanding with the adoption of new federal,
    state, or local  standards calling for self-monitoring of  industrial
    wastewaters.

2.  Facility Inspection

    Function;  Categorize industrial  processes that are or will  be subject  to
    pretreatnent regulation; observe the operational  status of pretreatnent
    equipment, pretreatment recordkeeping, and sewer  spill prevention  control;
    determine compliance or non-compliance with certain prohibited discharge
    standards (prohibitions on materials which obstruct the sewers,  flammable
    wastes, etc.).

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                                      - 2 -


     Participation;   Significant industrial users should be inspected  initially
     for appncaoi lity of effluent standards and for general  wastewater
     management observation.  Continuing inspections Mill  depend on  initial
     observations, ongoing evaluation of Industry self-monitoring reports,
     wastewater composition and volume, and whether or not Inspection  activity
     Is  superceded by compliance or demand monitoring activities noted below.

     Commencement:   Ongoing, but more systematic upon approval of the  municipal
     pretreatment program.

3.   Compliance Monitoring

     Function;   Determine, through wastewater sampling and analysis, compliance
     or  non-compliance with specific numerical  effluent limits applicable to a
     given  Industrial  user.  Effluent limits include specific pretreatnent
     standards  published  in federal  or state regulations,  specific local
     wastewater standards published in sewer use or other  ordinances,  and
     specific numerical limits Issued in a permit,  contract, or  order  to the
     industrial  user.

     Participation;   Industrial  users subject to one or more specific numerical
     effluent limits.   Wastewater sample type and duration will  depend on zhe
     specifications  or the standard to be met.   Sampling frequency will depend
     on  the relative volume and Impact of a given waste stream on the POTW, its
     sludge, and on  the receiving water quality.

     Commencement;   Ongoing, but more systematic upon  approval of the municipal
     pretreatment program.

4.   Demand Monitoring

     Function:   Determine, through wastewater sampling  and  analysis,  causes of
     PQTTd upset  or losses  of treatment efficiency resulting in violation  of the
     WPDES  permit, causes  of .POTW sludge contamination  in  excess of standards
     for sludge  use  or disposal,  and causes of  violations  of POTW receiving
     water  quality^standards.   Also, to determine the cause of industry related
     problems in the POTW  collection system.  Demand monitoring is the  primary
     investigation tool used to  reveal  or confirm violations of general
     prohibited  effluent  limits  applicable to industrial users.

     Participation;  Limited to  those industrial  users  suspected of causing
     violations  of limits  or standards  noted  above.  Wastewater sample  type  and
     duration will depend  on the  parameter or concern and on the nature of  the
     problem to  be addressed.   Sampling frequency 1s limited to detection and
     confirmation of the  suspected industrial users.

     Commencement:   Ongoing, but more systematic  upon approval  of the municipal
     pretreatnent program.


2505R

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                                  ATTACHMENT
       Suggested Monitoring Frequencies  for  Industrial Users Discharging
                               Toxic Pollutants
Flow and Potential Impact
of Industrial Users
                                    Sample Monitoring Frequency
                                                  Compliance Moni-
                                                  toring of Industry
                               Self-Monitoring  by  for Local and  Cat-
                              	Industry*	egorlcal Standards
1.  Less than H of POTW average dally
    flow or low potential to Impact
    POTW treatment processes, sludge
    quality, or the receiving
    waters.

2.  U to 5% of PUTW average dally
    flow or moderate to high
    potential to Impact PUTW
    treatment processes, sludge
    quality or receiving waters.

3.  5% or more of POTW average dally
    flow or high potential  to Impact
    POTW treatment processes, sludge
    quality, or the receiving waters.
                               Twice yearly or
                               more frequently
                               Monthly  or more
                               frequent Intervals
                               Weekly  to dally
                               Intervals
                               Yearly or more
                               frequently
                               Twice yearly or
                               more frequently
                               Quarterly or
                               more frequently
This table was developed to provide an example  of  the sampling frequency
schedule that could be developed by a POTW for  use in its compliance
monitoring program and provides guidance for self  monitoring by industrial
users.  The Table uses discharge flow and the presence of toxic or hazardous
pollutants to determine monitoring frequency.

A general monitoring schedule, such as that presented in the table, should
only be used by the PUTW as a guideline for its monitoring efforts.  Other
factors may warrant the development of specific monitoring schedules for users
different from that presented in the general  monitoring schedule.  These other
factors include:
     1)
     '2)
Users compliance history.   An industrial user that has a history of
jry_,
juTai
not complying with regulatory requirements may warrant a more
frequent monitoring schedule.

Self-monitoring capabilities.  The  amount of information that can be
provided to a PUTW by an industry may  vary from user to user.  As a
result, the HUTW may have to vary monitoring effort to reflect these
differences.

-------
     3)   Periods of noncompliance.   Monitoring activities should be
          intensified wnen  industrial  users  are not meeting pretreatment
          regulations or when pretreatment facilities are not functioning
          properly.

Monitoring guidelines presented  in the table stress the tailoring of a
monitoring program to fit the potential  for  adverse impact that an industrial
discharge presents.  Monitoring  activity increases as the potential  for a
discharge to upset or Interfere  with POTW operations increases.  However, as
stated previously, such a monitoring schedule should only be used as a
guiding.  It is in the POTU's best interest  to ensure that its monitoring
program has the flexibility to address the specific informational needs
regarding discharges from its industrial  users.   The POTW will meet  with the
Department annually to finalize  the  monitoring program for the coming year.

In addition to the self monitoring and compliance monitoring described  above,
the POTW will perform inspections  and demand monitoring as provided  in
Attachment   .  Wherever possible  the user charge monitoring will be combined
with the compliance monitoring program to save time, labor and expense.
Additionally samples may be necessary to verify  results, for purposes of
developing standards and for other reasons.

The goal of the sampling program is  to obtain samples which are as
representative as possible of the  concentration  and quantity of wastes  being
discharged.  Therefore, samples  should be obtained by flow-proportional
sampling techniques.  Where flow-proportional  sampling is not feasible  or
appropriate, alternate sampling  techniques may be used.  When alternate
sampling techniques are used, justification  must be provided citing  the
reasons for using the alternate  sampling techniques and supporting the
adequacy of the technique In obtaining representative samples.  Sampling
should take place over 24 hours  if the discharge occurs over a 24 hour
period.  The sample should be taken  over the period of discharge if  less than
24 hours.

Industries subject to categorical  standards  are  required to provide  regular
monitoring reports by 403.12(e)  in addition  to the monitoring required within
180 days of the effective date of  applicable standards as specifically
provided in 4U3.12(b).  Reference  40 CFR Part 403, Vol. 46. No.  18 dated
January 28. 1981.  Additionally, the PUTW Is encouraged to require other
industrial users to provide self monitoring  reports, where there is  a need for
such reports.

0752C

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     ATTACHMENT 11.2

POTW MONITORING FREQUENCY
(CHATTANOOGA, TENNESSEE)

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Industrial
Discharge
Volume
Greater
Than
100,000 gpd
100,000 gpd
to
50,000 gpd
50,000 gpd
to
10,000 gpd
10,000 gpd
to
800 gpd
Less
Than
800 gpd
Sample
Type
E
SV
SC
E
SV
SC
.E
SV
SC
E
SV
SC
E
SV
SC
SAMPLING INTERVAL
Weekly Semi-Monthly Monthly Quarterly Semi-Annually
X

















X


X









X







X









X







X




X




X







Annually





X


X

X
X

X
X
Monitoring Schedule for Enforcement (E) (Demand Monitoring),  Surveillance (SV) (Scheduled or Unscheduled
  Monitoring) and Surcharge (SC) Reports.

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                      ATTACHMENT 11.3

         SAMPLE INDUSTRIAL INSPECTION REPORT FORM
•  Washington Suburban Sanitary Commission, Laurel, MD
•  Metropolitan District Commission, Boston, MA
•  EPA Form 3560-3-NPDES Compliance Inspection Report
f  Field Interview Sheet, Austin Texas
•  Industrial Investigation Reporting Form, Oklahoma City, Oklahoma
•  Follow-up Investigation Reporting Form, Oklahoma City, Oklahoma

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                               WASHINGTON SUBURBAN 3ANITARY COMMISSION
                                        Industrial Oijcnaiga Control Sacaon
                                     INDUSTRIAL INVESTIGATION RETORT
                        PA
-------
INDUSTRIAL INVESTIGATION REPORT
                                                                                    »»a«z or
                                                                                    moumrmt NUMMJ*
•KMWWAk SAT* (MM/TV)
ftCVIKW OAT* (MM/TV)
INVOTiaATION j INV«*TiaATO* 1
IMM/W]
MUMMM or KM»iar«n
SHIFT 1:
SHIFT2:
SHIFT 3:
TOTAL:
HoUSM*O ON SIT*
»
COOKS
1
2
3
4
5
S
7
3
9
10
WACTKWATCM
CONCT1TUKMT COOCS
1 !11
2 |12
3
4
5
S
7
13
14
15
16
17

3 |13
9
10
19
20
ACTION
COOK

1

2

3
4

S
OAT*
/ /
/ /


'
ACTION OaCKIPTION










Gamnl Onenotion of PmmiiM and Products:
          REASON
             POR
    INVESTIGATION:
          INVESTIGATION
C SILLING INQUIRY
G COMPLAINT, MADE BY: 	
                     G OTHER:

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IMBUSTBJAL IWVIIT16AT1QW RIPflST
     WATfFl SOUSCI
                                                                     USAGI
                                                                                                   ISPS
   Lo wsrae
               pQavaFmeto savies-
                                                                          PCJOOUC?..
                                                              e-f wan .___.
  esoa
                                                CHgMICAU STORAGE
                                              I yrair?
                                                                      OP Piooo QPAIMO;
             SPILL CSNTBOL PLANS/PSOCSDURES
                                                                   AIR POLLUTION CONTROL  (WtKSf 3olo«o«J)
                                            SAMPLING POINTS AVAILA8LS
 oascnioa a swow on PI_AK>T
                                                      RESULTS AVAILABLE
      is/ox) paeo 3

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INDUSTRIAL INVESTIGATION REPORT
                                                                                      « or
PROCESS CHEMICALS AMD WASTESTHEAMS IHO*J«THY «UMM»
oczovimoM














caoc
rvw«»














auANTrrrmMC MCTMOO or OMPOVAUCOMMKNTS



i












;»











 ' CODE TVPS:
     CO • Cdnrmuoui O'aetiurqi to Siniary S««Mr
     3D • Batcn Oi«cn«r^ to S«niarv
OO • OOMT Otooal • Not» Sjnrtwy S«ww
NO - Not OUamv*» or Ouooad .
 tat-n 11/111

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5MOUSTHIAL INVESTIGATION REPORT                                      '**« « atr
 'OCESS FlflW OlAfiRAM/FACiUTY UYOUT/HELATSD INFORMATION             .How*r*«r MUM..M
     IS/MI p*ac s


                                                A-5

-------
                                     CITiSTIGATICN  RIP CRT
                                      * * * *
                           USE TOR TOU.OW-C2 REPORT ONLY
                                     " * * * *
                     C    — V
laves tigation Date   /  />»-
P— svious
Investigation Date   /  /  <$
laduscry

Address:
                                                                                        /f
                                         Zip Code
                                                    3IHia3 Address :
                                                                        3iV   X-
Contact:

Title:

Telephone:

SIC No's:

MDC Discharge Codes:
                                                   Weekly  Hrs.  of Operation: /&/? " -"D 'j'^s^

                                                   So.  of  tapicyees: ._j£?-	

                                                   Mane of Scavenger:

                                                   Type of Scavenger:
Wastewatar Constituent  Codes:

Raw Materials:

Products:      _^__

Industrial Category:
                                     (.
  /
~t,w7i for *4i'33'i'n$ If.fciwtii ~on.,
                               ?retraac=ent Present:
                                                              Type of Pretrearsent:
 (Check  all  that  apply)

 Discharge  to:    Nut  Island Systaa __

 Water Source:  MDC 	  Surface
                                                 ___ Deer  Island Systaa

                                                 Wells 	     Town
                                                                         (X
                                                                               Other
Wastawater Disposal:   Local Sewer  Is   (Separata  ,/  ;Cocbined 	-.Unknown	

     MDC  (Direct  Connection)  	  Subsurface or ground	 Surface water course_

Left:   Pemir  application  -^    Rules & Regulations  *~S

        Instruction sheet  L/  Scavenger List  1^

Reason  for ?ollow-UD  Visit:   SLt?0>472?   //f//*?<^&/S'~7fG'd    /*/",.<
 Reviewer'3  Co=ents:

-------
                                                                     M5C:
^T' Sasa:
              &%)' /'-fa
     •J)

-------
              EPA FORM 3560-3 :NPDES  COMPLIANCE  INSPECTION REPORT

     Even though this EPA form was  designed  for regulatory agencies' use while
conducting compliance inspections  of NPDES facilities, alot of the same
information in a similar format could be used by the POTW during its compli-
ance inspections of industrial users.

-------
                                                                                                       Fomt Approved
                                                                                                       OMB No. 158 - R0073
                     NPDES COMPLIANCE INSPECTION REPORT (Coding Instructions on back of last page)
                                 NPDES
                                                        YR
                                                               MO   DA
                                                                                   INSPEC-  FAC
                                                                            TYPE    TOR    TYPE
 U     isJ     I  M   I  1  i   i   I   I  l
_i	2	3	11
                                                                      17
                            U
                            IB
                                                                                     U     U
                                                                                             20
                                                                                      12
                                                                                                             |p.n
                                                         REMARKS
              JSi
                 ADDITIONAL
 SECTION A - Parmit Summary
NAME AND ADDRESS OF F ACl LITY (Include County. State and ZIP code)'
                                                EXPIRATION DATE
                                                                                                 ISSUANCE DATE
 RESPONSIBLE OFFICIAL
                                                         TITLE
                                                                                                 PHONE
IFACILITY REPRESENTATIVE
                                                         TITLE
                                                                                                 PHONE
 SECTION B - Effluant Characteristics (Additional sheets attached .
 PARAMETER/
   OUTFALL
                                  MINIMUM
AVERAGE
               MAXIMUM
                                          ADDITIONAL
               SAMPLE
               MEASUREMENT
               PERMIT
               REQUIREMENT
               SAMPLE
               MEASUREMENT
               PERMIT
               REQUIREMENT
               SAMPLE
               MEASUREMENT
                PERMIT
                REQUIREMENT
                SAMPLE
                MEASUREMENT
               PERMIT
               REQUIREMENT
                SAMPLE
                MEASUREMENT
                PERMIT
                REQUIREMENT
 [SECTION C - Facility Evaluation (S = Satisfactory. U = Unsatisfactory. N/A = Not applicable)
     EFFLUENT WITHIN PERMIT REQUIREMENTS
                                             OPERATION AND MAINTENANCE
                                                                                      SAMPLING PROCEDURES
     RECORDS AND REPORTS
                                             COMPLIANCE SCHEDULE
                                                                                      LABORATORY PRACTICES
     PERMIT VERIFICATION
                                             FLOW MEASUREMENTS
                                                                                      OTHER:
 (SECTION O • Commmts
 (SECTION E • Inspaction/Raview
                       SIGNATURES
                                                               AGENCY
                                                                                     DATE
                                                     ENFORCEMENT
                                                       {MViSION
                                                       USE ONLY
    -"ECTED BY
                                                                                                   OOMPUANCE STATUS
    .xECTED BY
                                                                                                     QCOSWUAKCE
  REVIEWED BY
  EPA FORM 3560-3 (9-77)
                                REPLACES EPA FORM T-51 (9-76) WHICH IS OBSOLETE.
                                                                                                            PAGE 1 OF 4

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                                                                                                     Form Approved
                                                                                                     OMB /Vo. 158-R0073
Sections F thru L: Complete on all inspections, as appropriate. N/A = Not Applicable
PERMIT NO.

SECTION F - Facility and Permit Bcckground
ADDRESS OF PERMITTEE IF DIFFERENT FROM FACILITY DATE OF LAST PREVIOUS INVESTIGATION BY EPA/STATE
(Including City, County and ZIP code/
FINDINGS
SECTION G • Records and Reports
RECORDS AND REPORTS MAINTAINED AS REQUIRED BY PERMIT. DYES D NO D N/A (Further explanation attached 	 )
DETAILS:
(a) ADEQUATE RECORDS MAINTAINED OF:
(i) SAMPLING DATE. TIME. EXACT LOCATION
(ii) ANALYSES DATES, TIMES
(iij) INDIVIDUAL PERFORMING ANALYSIS
,(iv) ANALYTICAL METHODS/TECHNIQUES USED
(v) ANALYTICAL RESULTS /e.g., consistent with self-monitoring report data}
Ib) MONITORING RECORDS (e.g..flow, pff, D.O., etc.) MAINTAINED FOR A MINIMUM OF THREE YEARS
INCLUDING ALL ORIGINAL STRIP CHART RECORDINGS (e.g. continuous monitoring instrumentation.
calibration and maintenance records).
(c) LAB EQUIPMENT CALIBRATION AND MAINTENANCE RECORDS KEPT.
(d) FACILITY OPERATING RECORDS KEPT INCLUDING OPERATING LOGS FOR EACH TREATMENT UNIT.
(e) QUALITY ASSURANCE RECORDS KEPT.
(f) RECORDS MAINTAINED OF MAJOR CONTRIBUTING INDUSTRIES (and their compliance status) USING
PUBLICLY OWNED TREATMENT WORKS.
D YES D NO
D YES D NO
D YES D NO
n YES n NO
n YES n NO
D YES D NO
n YES n NO
D YES D NO
n YES n NO
n YES n NO
n N/A
DN/A
n N/A
DN/A
DN/A
DN/A
DN/A
DN/A
a N/A
DN/A
SECTION H - Permit Verification
INSPECTION OBSERVATIONS VERIFY THE PERMIT. DYES D NO D N/ A (Further explanation
DETAILS:
(a) CORRECT NAME AND MAILING ADDRESS OF PERMITTEE.
(b) FACILITY IS AS DESCRIBED IN PERMIT.
(c) PRINCIPAL PRODUCT(S) AND PRODUCTION RATES CONFORM WITH THOSE SET FORTH IN PERMIT
APPLICATION.
(d) TREATMENT PROCESSES ARE AS DESCRIBED IN PERMIT APPLICATION.
(e) NOTIFICATION GIVEN TO EPA/STATE OF NEW, DIFFERENT OR INCREASED DISCHARGES.
(f) ACCURATE RECORDS OF RAW WATER VOLUME MAINTAINED.
(g) NUMBER AND LOCATION OF DISCHARGE POINTS ARE AS DESCRIBED IN PERMIT.
(h) CORRECT NAME AND LOCATION OF RECEIVING WATERS.
(i) ALL DISCHARGES ARE PERMITTED.
attarheei j

D YES D NO
D YES D NO
D YES D NO
D YES D NO
D YES D NO
D YES D NO
D YES D NO
D YES D NO
D YES D NO

DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
SECTION 1 • Operation ond tWaintonanco
TREATMENT FACILITY PROPERLY OPERATED AND MAINTAINED. DYES DNO D N/A (Further explanation attached 	 j
DETAILS:
(a) STANDBY POWER OR OTHER EQUIVALENT PROVISIONS PROVIDED.
(b) ADEQUATE ALARM SYSTEM FOR POWER OR EQUIPMENT FAILURES AVAILABLE.
(c) REPORTS ON ALTERNATE SOURCE OF POWERSENTTO E'PA^ATE AS REQUIRED BY PERMIT.
(d) SLUDGES AND SOLIDS ADEQUATELY DISPOSED.
(e) ALL TREATMENT UNITS IN SERVICE.
(f) CONSULTING ENGINEER RETAINED OR AVAILABLE FOR CONSULTATION ON OPERATION AND
MAINTENANCE PROBLEMS.
(g) QUALIFIED OPERATING STAFF PROVIDED.
(h) ESTABLISHED PROCEDURES AVAILABLE FOR TRAINING NEW OPERATORS.
(i) FILES MAINTAINED ON SPARE PARTS INVENTORY, MAJOR EQUIPMENT SPECIFICATIONS. AND
PARTS AND EQUIPMENT SUPPLIERS.
(j) INSTRUCTIONS FILES KEPT FOR OPERATION AND MAINTENANCE OF EACH ITEM OF MAJOR
EQUIPMENT.
(k) OPERATION AND MAINTENANCE MANUAL MAINTAINED.
(1) SPCC PLAN AVAILABLE.
(m) REGULATORY AGENCY NOTIFIED OF BY PASSING. (Dates 1
(n) ANY BY-PASSING SINCE LAST INSPECTION.
(0) ANY HYDRAULIC AND/OR ORGANIC OVERLOADS EXPERIENCED.
D YES D NO
n YES n NO
n YES n NO
D YES D NO
n YES n NO
n YES n NO
D YES D NO
D YES D NO
n YES n NO
D YES D NO
n YES D NO
n YES n NO
D YES D NO
a YES D NO
D YES D NO
DN/A
DN/A
DN/A
DN/A
DN/A -
D N/A
DN/A
D N/A
DN/A
DN/A
DN/A
DN/A

DN/A
DN/A
EPA FORM 3560-3 (9-77)
                                                                                                            PAGE 2 OF 4

-------
                                                                                                   Form Approved
                                                                                                   OMB No. 158-R0073

PERMIT
i
NO.

"TJON J • Compliance Scliadults
.RMITTEE is MEETING COMPLIANCE SCHEDULE. D YES DNO DN/A (Further explanation attached 	 J
CHECK APPROPRIATE PHASE(S):
D (a) THE PERMITTEE HAS OBTAINED THE NECESSARY APPROVALS FROM THE APPROPRIATE
AUTHORITIES TO BEGIN CONSTRUCTION.
D (b) PROPER ARRANGEMENT HAS BEEN MADE FOR FINANCING (mortgage commitments, grants, etc.).
D (c) CONTRACTS FOR ENGINEERING SERVICES HAVE BEEN EXECUTED.
D (d) DESIGN PLANS AND SPECIFICATIONS HAVE BEEN COMPLETED.
D (e) CONSTRUCTION HAS COMMENCED.
D (f) CONSTRUCTION AND/OR EQUIPMENT ACQUISITION IS ON SCHEDULE.
O (g) CONSTRUCTION HAS BEEN COMPLETED.
D (h) START-UP HAS COMMENCED.
D (i) THE PERMITTEE HAS REQUESTED AN EXTENSION OF TIME.
SECTION K - Self-Monitoring Program
Part 1 — Flow measurement (Further explanation attached 	 )
PERMITTEE FLOW MEASUREMENT MEETS THE REQUIREMENTS AND INTENT OF THE PERMIT.
DETAILS:
(a) PRIMARY MEASURING DEVICE PROPERLY INSTALLED.
D YES
D YES
D NO
D NO
DN/A
DN/A
TYPE OF DEVICE: DwEIR D PARSHALL FLUME DMAGMETER D VENTURI METER D OTHER (Specify 	 ;
) CALIBRATION FREQUENCY ADEQUATE. {Date oflast calibration }
(c) PRIMARY FLOW MEASURING DEVICE PROPERLY OPERATED AND MAINTAINED.
(d)SECONDARY INSTRUMENTS (totalizers, recorders, etc.) PROPERLY OPERATED AND MAINTAINED.
(e) FLOW MEASUREMENT EQUIPMENT ADEQUATE TO HANDLE EXPECTED RANGES OF FLOW RATES.
Part 2 — Sampling (Further explanation attached 	 	 )
PERMITTEE SAMPLING MEETS THE REQUIREMENTS AND INTENT OF THE PERMIT.
DETAILS:
a) LOCATIONS ADEQUATE FOR REPRESENTATIVE SAMPLES.
(b) PARAMETERS AND SAMPLING FREQUENCY AGREE WITH PERMIT.
(c) PERMITTEE IS USING METHOD OF SAMPLE COLLECTION REQUIRED BY PERMIT.
IF NO QGRAB D MANUAL COMPOSITE D AUTOMATIC COMPOSITE FREQUENCY
(d) SAMPLE COLLECTION PROCEDURES ARE ADEQUATE.
(j) SAMPLES REFRIGERATED DURING COMPOSITING
(ii) PROPER PRESERVATION TECHNIQUES USED
(iii) FLOW PROPORTIONED SAMPLES OBTAINED WHERE REQUIRED BY PERMIT
(iv) SAMPLE HOLDING TIMES PRIOR TO ANALYSES IN CONFORMANCE WITH 40 CFfl 136.3
(e) MONITORING AND ANALYSES BEING PERFORMED MORE FREQUENTLY THAN REQUIRED BY
PERMIT.
(f) IF (e) IS YES. RESULTS ARE REPORTED IN PERMITTEE'S SELF-MONITORING REPORT.
Jart 3 — laboratory (Further explanation attached , 	 j
PERMITTEE LABORATORY PROCEDURES MEET THE REQUIREMENTS AND INTENT OF THE PERMIT.
DETAILS:
(a) EPA APPROVED ANALYTICAL TESTING PROCEDURES USED. (40 CFR 136.3)
(b) IF ALTERNATE ANALYTICAL PROCEDURES ARE USED, PROPER APPROVAL HAS BEEN OBTAINED.
(c) PARAMETERS OTHER THAN THOSE REQUIRED BY THE PERMIT ARE ANALYZED.
(d) SATISFACTORY CALIBRATION AND MAINTENANCE OF INSTRUMENTS AND EQUIPMENT.
(e) QUALITY CONTROL PROCEDURES USED.
(f) OUPI ICATF SA«pRF«!R

D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D YES
D' YES
D YES
D YES
D YES
D YES
D YES
D YES



D NO
D NO
D NO
D NO
D NO
D NO
D NO
D NO
D NO
n NO
D NO
D NO
D NO
a NO
D NO
D NO
D NO
D NO
a NO
D NO
D NO
D NO
D NO
D NO
D NO



DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A
DN/A



EPA FORM 3560-3 (9-77)
                                                                                                        PAGE 3 OF 4

-------
                                                                                                               Form Approved
                                                                                                               OMB No. 158-RO073
                                                                                                     .:-  PERMIT NO.
SECTION L - Efflu«nt/R«ceiving Water ObMrvatioftt (Further explanation attached.
 OUTFALL NO.
                   OILSH6EN
                                    GREASE
                                                  TURBIDITY
VISIBLE
 FOAM
  VISIBLE
FLOAT SOL
                                                                                                     COLOR
                                                                                                                     OTHER
                                  (Sections M and N: Complete as appropriate for sampling inspections)
SECTION M • Sampling Inspection Procedure* and Ofceennrtieni (Further explanation attached	}
   D  GRAB SAMPLES OBTAINED
   D  COMPOSITE OBTAINED
   D  FLOW PROPORTIONED SAMPLE
   D  AUTOMATIC SAMPLER USED
   D  SAMPLE SPLIT WITH PERMITTEE
   D  CHAIN OF CUSTODY EMPLOYED
   D  SAMPLE OBTAINED FROM FACILITY SAMPLING DEVICE
COMPOSITING FREQUENCY 	
                                                                            PRESERVATION
SAMPLE REFRIGERATED DURING COMPOSITING:     DYES      O NO
SAMPLE REPRESENTATIVE OF VOLUME AND NATURE OF DISCHARGE.
SECTION N • Analytical Results (Attach report if necessary)
EPA Form 3560-3 (9-77)
                                                                                                                   PAGE A OF 4

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                     FIELD  INTERVIEW SHEET




                                              Date:




Account No.                                   W.W. Avg.




Water Billing




Mailing Address




Company Name




Address




Authority  Interviewed




Contact Official                              Phone  No.




Type of Industry                              Sic Code




Description of Process  (include  hours of operation)











Location of Water Meter(s),  sampling port(s), and sewer  tap(s)











Type of Pretreatment  (include  location(s) and size(s)











Plumbing Fixtures
Comments:
                                              By:
                                                             (Over)

-------
                        CHEMICALS USED
In Process:
In Maintenance:
Priority Pollutants:
                            DIAGRAM

-------
CITY OF  OKLAHOMA CITY                                                Pa^e	of
INDUSTRIAL  PRETREATMENT  PROGRAM
INDUSTRIAL   INVESTIGATION   REPORT
                                                                   "«*••
                                    Sasin: ________________  Mini-Basin:
               1.1)-	 (No.2)-.
                                     Industry Number:
                                     Industry Name:
                                     Site Address:
                                     Correspondence
                                           Address:
            Staplt Businea             Service Address:
              Card Hen
                                     Yean at Present
                                     Location:
                                     No. 1 Co -tact:
                                           Phorw:
                                     No. 2 Contact:
                              Working Hours: _______ Hours/Day:.
 SIC: 	Permit
 Saw Materials:  ____________________________
 Process Description:
 Products
 Report Completed By: _________________________________  Date:
 Seoort Reviewed By:           '                                        Date:
 Section Review/Date:     -'	      IDS Checked/Date:
 Investigator's Time Involved (hours):  INQ n—                           (No. 2)-i__

-------
CITY  OF OKLAHOMA  CITY
INDUSTRIAL PRETREATMENT PROGRAM
      Page.
.of.
INDUSTRIAL  INVESTIGATION  REPORT
Industry Name:
Date:













Warn Source:
City: 	
Landlord 	
Other: 	

Warn Unoe:



Consunwd in Produce . . .



Volume (GPDI




Volume (GPO>







Comments




'
Of1"*'















Cod* PratrMtment Description/Comments








>


•




.

I Chemical Storage





(Indude Type. Maximum Amount Stored, and Proximity to Floor Drains)

•










Samoling Points Available* | Number of Connections to Sewer





1










Analysis Available









-------
f
CITY  OF  OKLAHOMA  C I-TY
INDUSTRIAL  PRETREATMENT  PROGRAM

INDUSTRIAL  INVESTIGATION   REPORT
PROCESS CHEMICALS AND WASTESTREAMS
                                                                               Page.
                                                                               .of.
         Industry Name:
                                                               Date:
                   Description
                                          Cod*
                                            Amount
Destination/Comment]

          -see
          -.,
          -"'•f Continuous Discharge.
          =0: 3atcn Discharge.
                             00:  Otner Disposal — not by sanitary sewer.
                             NO:  Not Discharged or Disoosad.

-------
CITY OF OKLAHOMA  CITY
INDUSTRIAL PRETREATMENT PROGRAM

INDUSTRIAL JSSSVISTJQATIQN  REPORT


                            Industry

-------
CITY OF OKLAHOMA  CITY                                   Pa**	of-
INDUSTRIAL PRETREATMENT PROGRAM

INDUSTRIAL  INVESTIGATION  REPORT


3ate:	.	.—  Industry Name;	

-------
CITY OF  OKLAHOMA  CITY                                           *   PsSs       of
INDUSTRIAL  PRETREATMENT PROGRAM
FOLLOW-UP  INDUSTRIAL   INVESTIGATION  REPORT
 lfW3a?3«ers: (Me. 1)  .                            —=   (No. 2).
        Invusxjgaxien We. (1,24 ote=): =====^=   Bass e? Previous Inv^tigatioa:
       N«fn&or: .                                      Industry Catofery:.	•
       Nastso:                '         —_    	==—;	=—==—-
 Sozsan fe? FeJIe^Mjp Visit:
                                                                 Ba«e:.
             3v: ============================_=__=_  Qase:.
      Hoviow/Oato: «====__======_^===      IDS Checkea/OaKe:.
         't Time Involves (hours): (No. 1) _=_=_____=__________   (No. 2)  	

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CITY  OF  OKLAHOMA  CITY
INDUSTRIAL  PRETREATMENT  PROGRAM
INDUSTRIAL   INVESTIGATION   REPORT
                                                                      Page
                                                                                 of
                                                              Date:.
•
tmmff. tumm
1.




Sap/t Businsa
Card Hen
sir-
Raw Mararialc- _.




Correspondence





Years at Present

• . ^- #
^Tittfl* •^•••••••^

No, 2 CO«T«CT:



Permit * •





Prariues-



Report CompletBd By:                  •
Report Reviewed By:  ___^___^—_
Section Review/Date:  ^__^___^_^____
Investigator's Time Involved (hours): (No. 1)-=_
                                                                Date:
                                                                Date:
                                                      IDS Checked/Date:
                                                      	   (No. 2)-	

-------
CITY  OF OKLAHOMA  CITY
INDUSTRIAL PRETREATMENT PROGRAM
      Page	of.
INDUSTRIAL  INVESTIGATION  REPORT
Industry Name:
Date:













Water Source:
City: 	
landlord 	
Otften .. 	 	

Water Usage:



Consumed in Product: . . .



Volume (GPD1




Volume (GPOI
•






Comments
M«, 1 Amjnurrr N«,.



'

















Code









- . .



•




.








Chemical Storage (Include Type, Maximum Amount Stored, and Proximity to Floor Drains)

*












Samolinq Point! Available* Number of Connections to Sewer | | Analysis Available












t







'Describe.

-------
CITY  OF  OKLAHOMA  CITY
INDUSTRIAL  PRETREATMENT PROGRAM

INDUSTRIAL  INVESTIGATION   REPORT
PROCESS CHEMICALS AND WASTESTHEAMS
                                        Page.
                                                                               .of.
 Industry Name:
                                 Date:
          Description
   Cod*
   Typ«»
Amount
DertJnatJon/Commenn
  -see Type:
  -->Continuous Discharge.
  -0: 3atcn Oijcnarga.
OD: Other Oisoojal — not bv sanitary sewer.
NO: Not Oiscnangea or Oisoosao.

-------
CITY OF OKLAHOMA  CITY
INDUSTRIAL PRETREATMENT PROGRAM

INDUSTRIAL INVESTIGATION RIFORT


                            Industry Name:

-------
CITY OF OKLAHOMA  CITY                                   Page	of'
INDUSTRIAL PRETREATMENT PROGRAM

INDUSTRIAL  INVESTIGATION  REPORT


Sate:.                         Industry

-------
UTY  OF  OKLAHOMA  CITY
INDUSTRIAL  PRETREATMEMT PROGRAM
              INDUSTRIAL   INVESTIGATION  RIPORT
                                                                                    °f
                                                                    Oste:
          (Ma. 1}
       Imsssigstien We. (1 2 J Q«e,):
 industry
       Nasno:
      Namo/Titlo/Ffieno:,
                                                    (We. 2).
                                                    Oass ef Previous Investigation:
Bossn far
                Visit: .
            By:
' "vcstigator's Time Involved (hours): (No. 1)
                                                                 Date: .

                                                                 Date:
                                                       IDS Checked/Date:.

                                                      	  (No. 2) 	

-------
                               ATTACHMENT 11.4a



                              PERflNENT QUESTIONS

                              FOR INSPECTIONS OF

                          SELECTED INDUSTRIAL GROUPS
aAdapted from the Pretreatment Program Submission of the Washington Suburban
 Sanitary Commission, Laurel, Maryland.

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                             INDEX
S.I.C.                   INDUSTRY                                 PAGE

 0741        Veterinary services                                    27
 0742            "          "                                        27
 2011        Meat produces/poultry products                          12
 2013              "              "                                  12
 2016              "              "                                  u
 2017              "              "                                  12
 202X        Dairy industry             ,                             5
 2032        Canned & preserved fruits  and vegetables                 4
 2033                "                   "                           4
 2034                "                   "                           4
 2035                "                   "                           4
 2037                "                   "                           4
 2061        Sugar processing                                       24
 2062                "                                               24
 2077        Meat products/poultry products                          12
 2091        Seafood processing industry                            22
 2092                "            "                                  22
 2099        Canned & preserved fruits  and vegetables                 4
 22XX        Textile mills                                          25
 232QE                "                                               25
 243X        Woodworking shops                          •            27
 2611        Paper sills                                            15
 2621              "                                                 15
 2631              "                                                 15
 2641              "                                                 15
 2642              "                                                 15
 2645              "                                                 15
 2654              "                                                 15
 27XX        Printing                                               18
 2821        Plastic and synthetic materials manufacturing           18
 2822        Rubber processing                                      20
 2823        Plastic and synthetic materials manufacturing           18
 2824                  "                     "                       18
 2831        Pharmaceuticals                                        16
 2833                "                                               16
 2834                "                                               16
. 2S41        Soap and detergent manufacturing                        24
 2851        Paint and Ink formulation                               14
 2865        Organic chemicals                                      13
 2869                 "                                              13
 2891        Rubber processing                                      20
 2893        Paint and Ink formulation                               14
 2899                "        "                                      14
 2951        Paving and roofing                                     16
 2952                 "                                              16

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 3011              Rubber processing                                   20
 3021                      "                                           20
 3031                      n                                           20
 3041                      "                                           20
 3069                      "                                           20
 3079              Plastic and synthetic materials manufacturing       18
 3111              Leather tanning and finishing                       10
 3293              Rubber processing                                   20
 3296              Fiberglass Insulation                                7
 3398              Metal heat treating shops                           12
 3444              Sheet metal shops                                   11
 347X              Electroplating and metal finishing                   6
 3599              Machine and sheet metal shops                       11
 3951              Paint and ink formulation                           14
 3952                    "                                             14
 3955                    «         »                                   14
 3996              Paving and roofing                                  16
 4911              Electric.services                                    6
 4931                 »         »                                       6
 5013              Auto parts and supplies:  wholesale                  3
 5093              Scrap and waste materials                           20
 5211              Lumber and building materials:  retail              11
 5462              Betail bakeries                                     20
 5531              Auto perts and supplies: retail                      3
 5541              Gasoline service stations                            8
 5812              Eating establishments                                5
 5983              Fuel oil dealers                                     8
 7211              Laundries                                            •
 7213                  "                                                9
 7214                  "                                                9
 7215                  "                                                9
 7216                  "                                                9
 7219                  "                                                9
 7261              Funeral services                                     8
 7332              Blueprinting and photocopying                        4
 7395              Photographic processing                             17
 7531              Auto body repair and paint shops                     3
 7535                    "                                              3
 7538              Engine & transmission work                           3
 7539                              "                                    3
 7542              Auto wash                                            3
 8051              Nursing care facilities                             13
 8059                   "          "                                   13
 8062              Hospitals                                            9
 8063                  "                                                9
 8069                  "                                                9
 8211              Schools                                             21
 8221              Universities                                        26
OTHERS             Steam supply and non-contact cooling radioactive
                     materials

-------
AUTO BODY REPAIR & PAINT SHOPS 7531, 7535

     •    Chemical usage, destination, and storage - paint, thinner, other
          solvents - proximity to floor drains.

     •    Paint  booths (water curtain?)

     •    'Floor  washdovn  procedures (frequency,  water usage,  detergents)

     •    Paint  spray—gun cleaning procedures (destination)


AUTO PARTS AND SUPPLIES;  WHOLESALE AND RETAIL  5013,  5531

     •    Look for floor drains first.
          •    If floor drains  present,  quantify storage  of oils, paint,
               anti-freeze,  transmission and  brake  fluids,  and  any other
               fluids.
               batteries, battery acid

     •    Any  machining  or  repair  (see  auto  repair  questions)


AUTO REPAIR  (MECHANICAL) - ENGINE & TRANSMISSION WORK   7538, 7539

     •    Parts   degreasers - solvents   used,   servicing   procedures.

     •    Storage of  fluids such  as oil, transmission, brake,  anti-freeze?

     •    Look for drains under service bays - destination?
          -    Presence of gas/oil interceptors (describe).

     e    Waste  oil storage and eventual destination.


AUTO WASH  7542

     •    Is  there  any system for  water  reclamation  such  as  a  settling
          tank?

     •    If  a  settling tank exists, how is the  sludge from it handled and
          by whom?

     •    What  types  of cleaners  are used?  Do any specialty cleaners such
          as  tire cleaners  contain  solvents?   Do waxes contain solvents?

     •    Is  there  an  oil  and  grease separator on  discharge  lines?

     •    Are liquids stored near floor drains?

-------
     •    What la water consumption?


BLUEPRINTING AND PHOTOCOPYING  7332

     •    Check to see If they do any offset printing (related questions).

     •    What type of blueprinting machines?  With some the ammonia is
          totally consumed while others will have a spent ammonia solution
          to dispose of.

     •    Any significant amount of ammonia storage (floor drains).


CAMMED & PRESERVED FRUITS & VEGETABLES  2099, 2032, 2033, 2034, 2035,
                                        2037

     e    What detergents and techniques are used in washing the fruits and
          vegetables before rinsing?

     •    Besides water use for washing, rinsing and cooling, is water also
          used for conveyance?

     •    Is peeling done chemically (i.e., caustic soda, surfactants to
          soften the cortex)?  Is there any discharge?

     •    Are equipment and floors washed down with water?  Daily?
          Periodically?  Are any detergents used?  Is the waste water
          sewered? '
                                            •

     •    Does your facility have a grease & solids recovery system?  Any
          other pretreatment before discharge?

     •    What is water consumption?  How much is incorporated into
          product?

     •    What percent of water use is recycled?  Does this include any
          uncontaminated water (for refrigeration, machinery, etc.)?

     •    What types of processing brines are used, if any?  Are these
          sewered directly or pretreated first?

     •    Are larger remains of processed waste fruit and vegetables ground
          up and sewered or used as byproducts?

     •    Are containers made?  Are they washed or sterilized?

     •    Are domestic and process wastewater segregated?

     •    Does a representative sampling point exist?

-------
DAISY INDUSTRY  All  202-numbers

     •    What produces  are manufactured at this  plant?

     •    Are bottles washed?  Are  containers washed or sterilized?  Any
          chemicals  used in the washdown?

     •    What chemical  cleaners  are  used for equipment washdown?   (acids
          such as  muriatic, sulfuric, phosphoric, and acetic, surfactants,
          caustic  soda,   soda  ash,  and  phosphates are  commonly used  as
          cleaners)

     •    Are  any by-products  wasted?   (buttermilk,  whey, skisi milk  are
          very high  in solids  and BOO)

     •    How are  spoiled materials disposed of?

     •    What  sources  of uncontaminated  cooling water in  the  plant?
          Recirculated  or  once—through?   If  once-through*  what  is the
          destination?    (cooling  water  is  used  in some  pasteurization
          processes,  for condensation,  refrigeration systems  to  cool  the
          ammonia  compressor   jacket,  and  space air  conditioning)

     •    What is  the water consumption per day  on the  average?  How  much
          is incorporated into  the product?

     •    Any  pretreatment  units  such  as  settling or  grease  traps or
          filtering  devices or  flocculating tanks?

     •    Frequency  and  volume of  boiler  Slowdown,  if  any?   Additives?

     •    Is  there  segregation  of process  wastewater   and  domestic?

     ••    Accessible  sampling  point exist?


EATING ESTABLISHMENTS (Restaurants)   5812

     •    Presence of grease   interceptor  (describe,  size)  - How is  it
          serviced (frequency)?  How is grease disposed  of?

     •    What  is done   with   spent  cooking grease;  amount  generated.

     •    Janitorial  cleaners  (types,  usage, storage).

     •    Do  they  have an  automatic dishwasher-hrs/day  usage,  water con-
          sumption,  discharge  water temperature.
               Is  it  connected  to grease interceptors?

-------
     •    Number of sinks - usage of sinks (pocs & pans or hand washing) .

     •    Grill cleaning residual destination.


ELECTRIC SERVICES  4911, 4931

     Steam Electric Power Generation

     •    Are plants coal, oil, or gas fired?

     •    What type of boiler pretreatment is used - ion exchange, addi-
          tives, etc.?  What are wastes?

     e    How frequent is major boiler blowdown?  Volumes?

     •    Are there air pollution control devices which use water?

     •    Are there ash handling systems which use water?

     •    What is the source of condenser cooling water (e.g.  city, river,
          wells)?  Are there any water treatment chemicals added?  What is
          the ultimate destination of condenser cooling water?

     •    What is done with waste oils?  Are they filtered and reused?

     •    Are process and domestic wastewater segregated?

     PEPCO Substations

     •    Look for oil and solvent storage - proximity to floor drains

     •    Any contact cooling water discharge

     •    Possibility of leaking transformer oil - What would  its destin-
          ation be? - What is Z PCS constituent of oil?


ELECTROPLATING & METAL FINISHING  All 347-numbers

     e    How often are cleaning solutions - both acidic and alkaline -
          changed and how are they disposed of?  Volumes?  Discharged as
          "slugs"?

     •    Are degreasing agents used - if so, what type and how is the
          sludge handled?  Is solvent redistilled, if used?  Any cooling
          water used?

     •    What types of chemicals make up plating baths?  Is there cyanide?
          Chromium?  Ammonium persulfate (etching).

-------
          Are plating  (concentrated)  bach solutions  ever disposed of?  If
          so, how?

          Is there any water reuse wlchin the plant?   Pretreatment?  Any
          water cooled machinery?   Discharge to and  volumes?

          If aasking  is employed,  are photographic processes involved?
          (circuit boards)

          Are there metal  finishing operations -  coloring, brightening etc.
          associated with  the plating operations?

          If metal coloring  is present,  are organic  dyes used?
                                          i
          Is the plant manager aware of  how much  plating is done in terms
          of surface area  (sq-ft,  etc.)?

          How is process wastewater from the plating room channeled to the
          treatment plant  or sewers?   Are there floor  drains in the plating
          area?  Are floors  washed down  regularly?

          Are running  rinses used?  Countercurrent?  Any still or dead
          rinses used?  Discharged to where?

          Any interconnections to  public water supply  and processing (cross
          connections)?  Any backflow preventers?

          Bow is sludge disposed of?   If scavenger, who?

          How are liquids  stored?   Any nearby floor drains leading to sewer?

          What is water consumption?   Source?

          Are domestic and process wastewater segregated (and cooling
          water, if applicable)?   Do  representative  sampling points exist?
FIBERGLASS INSULATION  3296
          What methods are used  to bind and cool  the glass after it has
          been drawn into  fibers?   What wastes are  generated  from this
          phase?  Are these wastes sewered or pretreated prior to dis-
          charge?

          What method is employed  for collecting  the glass fibers?  (i.e.
          wire mesh conveyors, flight conveyors,  etc.)  What  methods are
          used to clean  the conveyors of any glass  fibers?  Is this process
          shut down or in  service  while cleaned?  What  type of cleaning
          agent is used?   Is the wastewater sewered?

-------
     •    Are wet air scrubbers used?  Is wastewater sewered or pretreated
          first?  (i.e. sedimentation for particulate natter).

     •    How are backings applied (if applicable)?  heat?  adhesives?

     e    Any segregation of domestic and process wastewater?


FUEL OIL DEALERS  5983

     •    Record storage capacity (above or underground) .
                                                               i

     e    Is above-ground storage diked?  Is there any leakage access to
          storm or sanitary sewer?

     •    Is loading area diked?  What is potential for spills to enter
          either storm or sanitary sewer?

     •    Are any oils or fuels stored inside building - proximity to floor
          drains.

     •    What type of absorbent is used for spills?  How ouch is stored -
          proximity to floor drains.


FUNERAL SERVICES  7261

     e    Embalming room chemical usage - how much formalin?  What per-
          centage of usage is discharged to sewer?  How much blood dis-
          charge/day?  What is its destination?  Any other chemicals
          involved in embalming process?

     •    Chemical storage (floor drains).

     •    Embalming table - washing and cleaning procedures - detergents
          and disinfectants used.


GASOLIHE SERVICE STATIONS  5541

     •    Waste oil storage - Is there a waste oil receptacle?
                         - drums or tank (proximity to floor drains)?

     •    Parts degreasers - solvents used - how are they serviced?

     •    Fluids storage (transmission, brake, anti-freeze, etc.) -
          proximity to drains.

     •    Look for drain trough under service bays - is drain connected to
          sanitary drain?

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           Presence and description of gas/oil interceptor.
HOSPITALS  8062.  8063, 8069

     •    General layout  of Facility - Types  of  labs,  x-ray equipment,
          morgue, laundry, food services,  etc.

     •    Chemical  Usage  and  Storage  -  Quantities  and  destination,
          proximity  to floor drains.

     •    Any  special procedures for handling hazardous  or  infectious
          wastes, names  of any  haulers  picking up  such  wastes.

     •    Cleaning Procedures - Types and quantities  of  cleaners and germi-
          cides  utilized.

     •    See  "Radioactive Materials" for further  questions.


LAUNDRIES  7211.  7213, 7214, 7215, 7216, 7219

     e    Is dry  cleaning done?  If so,  what is the solvent?

     •    Is sludge  generated?  Disposal?

     •    If solvent  is used,  is  it  redistilled on-site?  Does this gener-
          ate  uncontaminated  cooling water?  Where  is it  discharged?

     •    Do washers have lint traps, settling  pits?

     •    What  is temperature  of  effluent,  is  heat exchange system used?

     •    Are  printers  rags,  shop  rags,  or other industrial materials
          cleaned?

     •    What  types  of  detergents  and  additives  are used?   What  Is pH of
          effluent?

     •    Are  laundry trucks maintained and  washed on site?  If  so how  are
          waste  oils  etc.  handled?   Any floor  drains leading to sewer  in
          the  vicinity of vehicles?

     e    Any  boiler blowdown - volumes, frequency of discharge'?   Are there
          any  additives  such as  chromates?   Where  does  discharge  go?

     •    Any  loss due to evaporation?  Volume  estimate?

     •    What  is water consumption, source of  water?

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          Does appropriate sampling point exist?

          Is there separation of process wastewater and domestic waste-
          water?
LEATHER TANNING & FINISHING  3111

     •    What method was used to preserve the received hides?  (Note:
          hides preserved with salt will result in a high dissolved solids
          count in the effluent.)

     •    What types of skins and/or hides'are tanned?  (Note:  if sheep-
          skins or goatskins are tanned, there will be a separate solvent
          or detergent degreasing operation)

     •    Is hair saved or pulped (i.e., chemically dissolved)?  (Note:
          in a save hair operation with good recovery of hair, the contri-
          bution to the effluent strength is substantially lover than in
          the pulp hair operation)

     •    Is delialng accomplished by treating with mild acids or by
          bating?  What is the destination of these wastes?

     •    What types of tannin are used?  (Note;  chrome and vegetable
          cam ins are the most common.  A combination of tannins may also
          be used)

     •    Are chemicals stored near floor drains?  (This is a very appro-
          priate question to ask since many liquid chemicals are used in
          the leather tanning industry)

     •    Are tannins recycled and/or chemically recovered?

     •    Any pretreatment units employed?

     •    If sludge is generated, how is it disposed of?

     e    Any water cooled machinery used?  Discharge to?

     •    Any boiler blowdown to sever; frequency and volume?  Any addi-
          tives such as chromates?

     •    Any segregation of domestic and process wastewater?

     •    Does a representative sampling point exist?
                                      10

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LUMBER & BUILDING MATERIALS;  RETAIL  5211

     •    Storage of paint,  thinner  and  other solvents, adhesive* (glue),
          roofing materials  (tar).
          - proximity to  floor drains.

     •    Paint "l^l^g  (dry  or does .it Involve water - sinks).
          - possibility of spillage,  cleanup.

     •    Cutting machinery  - water  cooled,  oil lubed, possibility of
          spillage, destination of spills and cooling water.


MACHINE & SHEET METAL SHO?S  3599, 3444

     •    What type of  product is manufactured?

     •    What kind of  material is machined?

     •    Are cutting oils used and  are  they water soluble?

     •    Are hydraulic oils used?

     •    Would any of  these oils ever be discharged to the sever?

     •    Are any degreasing solvents or cleaners used?  What are the
          chemical make-up and/or brand  names of che degreasers and how are
          they used?  How are the spent  degreasing chemicals or sludges
          disposed of?  Is degreasing rinse  water discharged to the sewer?
                                             •

     •    Is there any  water cooled  equipment such as a vapor degreaser or
          air compressor? Where is  it discharged, frequency, volume?

     •    Is any painting done on the premises? How are waste thinners •
          or paints disposed of?  Is a water curtain used for control of
          solvents entering  the air  and  is contaminated water discharged?

     •    Is any type of  metal finishing done, such as anodizing,
          chromating, or  application of  a black oxide coating or an organic
          dye?  What are  the chemicals used, volumes consumed, and destin-
          ations of the finishing chemicals?

     •    Are there any floor drains where any of the chemicals and oils
          are stored and  used?

     •    What Is water consumption?

     •    Are there any pretreatment units,  traps, etc?
                                      11

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     •    Any segregation of domestic and process waatewater?

     •    Any representative sampling points?


MEAT PRODUCTS/POULTBY PRODUCTS  2011, 2013, 2016, 2017, 2077

     •    What types of livestock arc slaughtered and/or processed?

     •    What are the principal processes employed?

     •    What methods are used to dehair?  Is the hair recovered from  the
          wast water stream?

     •    Does the facility cure hides?  What brine solution is used specific-
          ally?  (i.e. sodium chloride)  Are hides cured in vats?  Are  vats
          ever discharged to the sewer?  Frequency and Volume?

     •    What are the by-product processes?

     •    Is rendering practiced at the plant?  What type of process is
          used?  Is the resulting vastevater treated or severed?

     •    Is grease and solids recovery practiced?  How?  (i.e. catch basins,
          grease traps, air flotation etc.)  Bow often are these systems
          cleaned out?  •

     •    What methods are used for clean-up operations?  What detergents
          are used?  (i.e. caustic, alkaline etc.)
                                             *

     •    Which wastewater streams if any (i.e. uncontaminated water)
          bypass all treatment and discharge directly to a receiving water
          or municipal plant?

     •    Any boiler or water tower blowdown to sewer?  Frequency and
          Volume?  Any additives?

     •    If poultry, how are feathers removed?  Disposal?  How are chicken
          parts (innards) disposed?  blood?

     •    Is domestic wastewater segregated from process wastewater?

     •    Any representative sampling point?


METAL HEAT TREATING SHO?S  3398

     •    What kinds of metal are heat treated?

     •    What fluids are used for quenching metals?  Are these ever
          changed and discharged to the sewer?
                                     12

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     •    Are  sludges  ever removed  from  the quenching tanks?  How are the
          sludges disposed of?

     •    Is any  of the metal  cleaned  before or after heat  treating?  Are
          any  degreaaing  solvents or cleaners  used  and how are they used?

     •    Are  there any water  cooled  quenching baths, vapor degreasers or
          other equipment?  discharge  to?   volume?

     e    Are  there any floor drains in the work or  chemical  storage areas?

     •    Any  boiler   blowdown,  frequency  and  volume   to  sewer?   Any
          additives?

     e    What is water consumption?

     e    Is domestic and process wastewater segregated?

     •    Any representative sampling points?


HORSING CARE FACILITIES  8051,  8059

     •    Food service (see restaurant  questions),

     e    Any chemical usage (lab facility).

     e    Janitorial  chemicals  - usage,  destination and storage of germi-
          cides and disinfectants.

     •    Boiler and cooling tower blowdown and additives.


ORGANIC CHEMICALS   2865, 2869

     e    Are processes batch or continuous?

     •    If batch  processes are used,  how frequent  is  clean-up and what is
          done with wastes?

     e    Are  waste disposal  services  or  scavengers used?  If so, for what
          wastes?   Are they licensed?

     •    What types of solvents are stored in  bulk?

     •    What are  the  sources  and  points of discharge  for cooling waters?
          Are  these contaminated or not  contaminated?   Is there an NPDES
          permit for discharge  to surface  waters?

     •    What  is  the  frequency   and  amount  of   high   pressure  boiler
          blowdown?   What  additives -ire  used  (any  chromates)?   To where
          discharged?

                                     13

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     •    Is there wacar in contact with catalysts used - in cleaning
          catalyst beds, for example?

     •    List all products and raw materials.

     •    Are there laboratories for research and for product testing?  How
          are laboratory wastes disposed of?

     •    Is water used in boiler feed or in processing pra-created?  If
          so, how?  What wastes are generated?

     •    Are storage areas near drains leading to sewer?

     •    Are there any chemical reaction or purification techniques, such
          as crystallization, filtration or centrifugation, which produce
          wastewater and/or sludge wastes?  What is the destination of
          these waste streams?

     •    Any pretreatment units?

     •    Is deionized water used, how is it generated (on site)?  Are
          columns regenerated on site?  Use acids, caustics?  To where
          discharge?

     •    Is water tower used?  Frequency, volume, discharged where?  Any
          additives such as chromates£

     •    Is there segregation of process and domestic wastewater?


PAINT & INK FOBMDLATION  2851, 2893, 2899, 3951, 3952, 3955

     •    Are oil-base or water-base inks manufactured?

     •    What types of inks are made?

     •    What type of paints are manufactured?  Water or solvent based?

     •    What are the pigments made of?

     •    Are extenders used?

     •    Are solvents used?  If so what are they?

     •    What are the resin types?

     •    What other ingredients are used in formulating the product?

     •    Is there any discharge to the sewer system (washdown and/or bad
          batches)?  Are any chemicals used to clean production equipment?
                                     14

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     •    Are there any floor drains in chemical storage and mixing areas?

     •    Is chare a scavenger service?  If so,  for what wastes?

     •    Is there on-site disposal of solids by burial?

     •    Any water cooled machinery used?   Where is cooling water dis-
          charged  to?

     •    Any boiler blovdovn to sever, frequency, volume, additives?

     •    Is process wastewater segregated  froa  domestic?

     •    Any representative sampling points?


PAPER MILLS  2611, 2621, 2631, 2641, 2642,  2645, 2654

     •    What  are the products manufactured at  the plant?

     •    Which specific chemicals are used in the process?

     •    Is pulp  bleached?  If so, what is the  process and what chemicals
          are employed?

     •    Are any  chemicals manufactured on-site? (chlorine dioxide,
          hypochlorites, etc.) - any discharged  from these operations?

     •    Any recovery systems?  (white water recycle, cooking liquor
          regeneration, cooling water reuse, etc.)

     •    Where is '•""ling water used in the plant?  (condensers, vacuum
          pumps, compressors)  Where is it  discharged?

     •    Describe the types of size, fillers, coatings, finishes, etc.
          in paper making.

     •    What  happens to bad batches, or liquids in case of equipment
          failure?  (to the sewer or treatment plant?)

     •    How much water is consumed, on the average?  Source of water?

     •    Any boiler/water tower blowdown,  frequency, volume, additives?

     •    Any representative sampling points?

     •    Is domestic wastewater segregated from process wastewater?
                                      15

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PAVING & ROOFING  295L, 2952, 3996

     Tar & Asphalt

     •    Does  wastewater from  wet  air  scrubbers  used on  the oxidizing
          tower  discharge  directly  to  the  sever?   la  it  treated  and
          recycled?

     •    What method(s)  are used to control the temperature of the oxidi-
          zing tower?   (i.e.  water)   Is this water discharged or recycled?

     •    What  treatment  methods  are used  to  ranove  suspended  solids or
          oil from wastewater?   (i.e. catch basins, grease traps, sedimen-
          tation, oil skimmers)

     •    Is water or  air used to cool asphalt  products.   If water, is it
          contact  or  aoncontact?   If  contact  is  this water  discharged
          directly  to   sever  (note:   mist  spray  used alone  causes  the
          largest amount of solids present in wastewater).

     e    Any  water   cooled   machinery  used?    Where  is  cooling  water
          discharged?

     •    Are solvents used/stored?  Any floor drains nearby?

     •    Any  boiler blowdovn,  to .sever?   frequency,  volume,  additives?

     •    Is  process  wastewater  segregated   from  domestic  wastewater?

     •    Representative sampling point?


PHARMACEUTICALS MANUFACTURING  2831, 2833, 2834

     •    What  type  of  processes  are  used  to  manufacture  product (s)?
          (fermentation,  biological   and  natural   extraction,   chemical
          synthesis,  mixing/compounding and formulation)

     •    If processes  include  fermentation and/or chemical synthesis, are
          these continuous or batch-type operations?

     •    If  chemical   synthesis   is  involved,   what processing  steps
          (crystallization,   distillation,   filtration,   centrifugation,
          vacuum filtration,  solvent extraction,  etc.) produce wastewaters?
          Are these wastewaters discharged to Che sever system?

     •    What  types of' solvents  are used, if any?  How are spent solvents
          disposed of?   How stored?  Floor drains nearby?

     •    Is  raw wacer  Intake purified?   If yes,   by  what method  - ion
          exchange,  reverse  osmosis,  water softening,  etc.?   What types
          and  volumes  of  wastes   are generated?  frequency  of  discharge?


                                   16

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     •    What  is  don*  with  Che spent  beer generated  by  fementation?

     •    Regarding  equipment  and  floor  washdown  -  are   any  chemical
          cleaners  used?   What  is   frequency?   Volume  of  water  used?
          Destination of washwater?

     •    Is there any chance  of spills or batch discharges?

     •    Does  any  equipment  such as  condensers,  compressors,  and vacuun
          pumps  require  the  use  of  once-through  uncontamiaated  coaling
          water?  If so, where do these waters discharge?

     •    Is there a research  lab in  the plant? What are  the  wastes gener-
          ated  in the facility?  How  controlled?

     •    Is  process   wmstewater  segregated  from  domestic wastevater?

     •    Any representative sampling point?


PHOTOGRAPHIC PROCESSING  7395

It is important to determine what type of chemistry is used because some of
the chemicals may be toxic  while others may not.

     •    What  types  of  films  are ^developed?  Are prints made?   Give an
          estimate of  how much  total processing is done per day?  How many
          automatic processors are utilized  and how long  are  they in oper-
          tion per day?
                                             •
     e    What  chemical  brands  are used:   Kodak, 3M, GAF, etc.?  What type
          of process  chemistry  is  used:   C-41, E-6,  CP-30 etc.?   What are
          the names  of  each  chemical  used in «ach  process,  what  are the
          volumes used  and which  chemicals discharge to the sewer?  Do any
          of the chemicals  used contain cyanide?

     •    Is silver  recovery  practiced?  Is bleach regeneration practiced
          and if so, is  it  done within the lab? What are  the  processes and
          wastes involved?

     •    What  is the wastewater flow from each of the photographic proces-
          sing  operations?  Does  the rinse  water  on the  processors  run
          continously or does  it shut off when film is not being processed?
          How often  are the processors cleaned and  the chemicals changed?
          What  chemicals,  if any,  are used to clean the  processor rollers
          and trays?   Are  there any  floor drains  where  the  chemicals are
          mixed or stored?

     •    Any pretreatment, pH control?
                                    17

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     •    What Is water consumption?

     •    Is process wastewatar segregated from domestic?

     •    Any representative sampling point?


PLASTIC & SYNTHETIC MATERIALS MANUFACTURING  2821, 2823, 2824, 3079

     •    What is the product manufactured?

     •    What are  the raw  materials used  including  any accelerators and
          inhibitors?  Are  any known  toxics (such  as cyanide,  cadmium or
          mercury) utilized in manufacturing the product?

     •    What type  of  polymerization process is employed?  Does the proc-
          ess  use a  water  or  solvent  suspension?    What  are  the  was tea
          generated  from  the process; what  are  the  possible contaminants;
          how are the wastes disposed of?

     •    Are  there  any product  washing operations?   Are  reactor vessels
          washed down between  batches?   Is water or a solvent used?  Would
          these wastes be discharged to  the sewer?

     e    Is cooling water,  heating water or steam  used  and is it contact
          or  non-contact?   What  is  the  destination of   these  streams?

     e    Any boiler blowdown  to  the sewer - frequency, volume, additives?

     •    Is there segregation of domestic and process wmstewater?

     •    Any representative sampling point?


PRINTING  All 27 - numbers

     Some  of  the following  questions  may  apply while  others may  not;
     experience  will be  the best  judge.   The SIC  number   for  offset and
     silkscreen  printing  is  2752  and   letterpress  is 2751.   Other types
     of printing are 27-.

     •    What kind  of  printing  is  done:   offset,  letterpress,, silkscreen
          or other type of printing?

     •    If  offset  printing  is  done:   Is  film  processing  and  plate
          developing done in the shop?

     •    If film processing  is done:   Is an automatic film processor used
          'or are  trays  used?   Does the  processor's rinse water run contin-
          uously  or  does it  shut off after  processing  is  completed?   How
          often  are  the  processor's chemical tanks  cleaned out  and  what


                                    18

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volume is dlschargtd to the sewer?  How much developer,  fixer and
stop bath  (if applicable)  are used and are these discharged to
the sewer?   la silver reclamation  practiced?  Is cyanide used at
all for further  reducing negatives?  Are phototypositors used and
is so what  chemicals are discharged?

If plate  developing  is  done:   What type of plates are used?   If
they are  aluminum plates  are they developed with a subtractive
color  key  additive  developer?   What  are  the names  of the
developers  and what quantities are used?  Is the  developer  washed
off the  plates to  the  sewer or wiped-off with a rag?  How many
plates are  developed?

If paper plates  are used:   What type of processor is employed and
what are  the  names, volumes  and  destination  of  the chemicals
used?   If  a  silver process  is  used,  is  silver  reclamation
practiced?

In the  press  room*  what type of fountain  solution  is used and
would this  ever be  discharged during normal use or cleanup oper-
ations?  What type  of  solvent is used to clean the presses and
how is  this applied?  Would this solvent ever be discharged or
does it  become associated  with rags?  Are  these rags washed on
the premises  or  are they picked up by a commercial laundry?  What
is the name of the laundry?  Are there any floor  drains  where the
solvent or  ink is  stored?   Are any of the presses water cooled?
Are there any waste oils from the presses.

If letter  press printing  is done:   Is old  lead type smelted in
the shop  and  if so  are the molds  water  cooled?  What type of
solvent is  used to  clean  the presses and type?  How  is solvent
applied, is it ever discharged to the sewer?

If silkscreen printing is  done:   What kind of photosensitive
coating and what volume is  used?  What kind of developer is used
and is  it  discharged?   Is a  solvent or  other cleaner used to
clean  the  screen  after printing?   Is this discharged  to  the
sewer?  Are the screens used over again for making  new  stencils
or are they thrown away?

If a different type of  printing is done,  what kind  is it and  what
are the  names and  volumes  of the chemicals  used?   Are these
discharged  to the sewer or  collected and disposed of?  Who would
pick up the collected chemicals?

Any water cooled machinery used?  Discharged to?

Is  process  wastewater  and  domestic wastewater  segregated?
                             19

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     •    Any representative sampling points?


RETAIL BAKERIES  5462

     •    Primarily interested in washdowns and cleanup.
          -    Note waahdown procedures (sequence of steps).
               Note number of washdowns/day.
               Note types of detergents used.
               Note number of floor drains.

     •    Storage of cleaning agents.
               Storage of baking ingredients.

     •    Deep fry grease - how is it disposed of; amount.

     •    Presence and description of oil and grease interceptors.


RUBBER PROCESSING  2822, 2891, 3011, 3021, 3031, 3041, 3069,  3293

     Synthetic or Natural

     e    What are the products manufactured?

     e    Is the rubber natural or synthetic?  If synthetic  rubber is used,
          is it polymerized on-site and would it be a water  or solvent
          suspension?  Is there a discharge associated with  the process?

     •    What are the ingredients of the rubber, including  all additives?
          What n*"< of anti-tack agents are used?  Are any known toxics
          used in the plant?

     e    Are there any waste oils from rubber mixers or other processes
          which require disposal and if so, how are they disposed of?

     •    What type of forming process is used?  Is cooling water contact
          or non-contact?  Is it recirculated or discharged?   If contact
          cooling water is used, is it treated in any way before discharge?
          What contaminants would be in the water?

     •    Is there any wastewater associated with the curing  process e.g.,
          steam condensate and what would the contaminants be?

     •    Is rubber reclaimed and if so, what type of process is used?  Are
          any chemical agents used and how are these disposed of when
          spent?

     •    Are any final coatings applied to the rubber, paint, plastics,
          etc.?  Are there any wastes or wastewater associated with the
          process and how would they be disposed of?
                                     20

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     •    Doe* the plane have air pollution control equipment?  Does it use
          water as a scrubbing medium and would this be discharged?

     •    Any liquids stored?  Near floor drains leading to sever?

     •    Any water cooled machinery?  Discharge to, volume?

     •    Water consumption?

     •    Any boiler blowdown to sever - frequency, volume, additives?

     e    Are process and domestic wastevater segregated?

     e    Any representative sampling point?


SCHOOLS  8211

     •    Elementary Schools

          1.   Cafeteria (see restaurants).

          2.   Janitorial chemicals - usage, destination, storage.

     e    Junior High Schools

          1.   Cafeteria (see restaurants).

          2.   Janitorial chemicals.

          3.   Labs - chemical usage and disposal practices.

          4.   Art department - note any agents disposed of to the sever
               (amounts) - paint, thinner.

          5.   Wood/Metal shop - solvents, paint, stain usage, destination,
               storage.

     •    High Schools

          Same as above.

          6.   If vocational, check - auto mechanics department; cosmetology
               department.


SCRAP & WASTE MATERIALS  5093

     •    Any processing of  the material - welding  or smelting of metals
          -    Processing machinery cooling water - contact or non-
               contact, - frequency of discharge.
                                      21

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     •    Oil storage - describe including capacity.

     •    Any other liquid storage or reclamation.


SEAFOOD PROCESSING INDUSTRY  2091, 2092

     General

     e    What types of seafood are handled?  fish?  shellfish?  lobsters?

     e    Is processing performed or just distribution?

     •    Is there an ice machine, cooler and/or freezer?  Are they
          water-cooled?  If 30, what is the destination  of the cooling
        .  water?

     •    Are there traps in floor drains?  What is frequency of cleaning?
          What is destination of trapped solids?

     e    Is washdown performed?  Is soap or disinfectant used with wash-
          water?  What is the approximate volume and destination of wash-
          water?

     Specific

     Bottom Fish

     e    Is descaling performed?  If so, what method (tnamial or
          mechanical)?  If mechanical, what is volume and destination
          of flush water?

     •    Is filleting performed?  Is brine solution used in conjunction
          with filleting process?  If so, what is volume and destination
          of brine?

     •    Is glazing performed?  If so, is glaze tank dumped?  Are there
          additives in glaze tank?  If dumped, what is volume, frequency,
          and destination?

     •    Is brine solution used?  If so, is tank dumped?  If so, what is
          volume, frequency, and destination?

     Herring

     e    How are fish transported into plant?  If  pumped with water, what
          happens to water?

     •    Is fluming employed?  If so, what happens to flume water?
                                      22

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Lobsters
     Is cooking performed?  If so,  is cook vater dumped?  If so, what
     is volume, temperature, frequency,  and destination?
Shellfish
     Is prewashlng performed?   If so,  what is volume and destination
     of waahwater?

     Is cooking performed?  If so, what is volume, temperature and
     destination of cooking water?

     Is flumlng employed?  If  so, what is volume and destination of
     flume  water?

     Is clam juice evaporated  for broth?  If so, what is volume,
     temperature, and destination of condenser water?

     Is brine flotation employed (for oysters only)?  If so, is brine
     tank dumped?  If so, what is volume, frequency, and destination?
Menhaden
     How are fish transported into plant?  If pumped with water, what
     is volume and destination "of water?

     Is cooking performed?  Is there discharge  from cooking opera-
     tions?   If so, what is volume, temperature, destination?
                                        •

     Is pressing performed?  If so, what happens to stidewater?  Is
     an evaporator used?  If so, what happens to condenser water?  If
     discharged, what is volume, temperature, and destiny?
Whiting
     How are fish transported into plant?  If flumed, what happens to
     flume  water?  If discharged,  what is volume and destination?
Sardines
     How  are fish transported into plant?  If  pumped with water, what
     happens to water?  If discharged, what is volume and destination?

     Are  fish preserved?  If so, is brine solution ever dumped?  If
     so,  what is volume, frequency, and destination?

     Are  fish steamed?  If so, what happens to stickwater?
                                  23

-------
     •    Is washing performed?  If so, what is volume, temperature and
          destination of washwater?

     •    Are process and domestic wastewater segregated?


SOAP & DETERGENT MANUFACTURING  2841

     General

     •    Are only soaps manufactured, detergents, or both?  Classify the
          plant.

     •    How is cooling water used?  Discharge to?

     •    How are liquid materials stored?  Floor drains nearby leading to
          sewer?

     •    Are air scrubbers used?  Do these use water?  Caustics?

     •    In product purification steps, how are filter backwashes handled?

     •    Are process and domestic wastewater segregated?

     •    Any representative sampling points?

     Soap

     •    What is the basic process employed for manufacturing soap:  batch
          kettles?  Fatty acid neutralization?  Other?

     e    Is process batch or continuous?  If batch, what is frequency and
          volume of reactor cleanout?

     •    Is waste soap from processing sewered?

     •    Are perfumes and additives used?  If so, what are they?

     Detergent

     e    What are additives used in the product?

     •    How are spray drying towers cleaned?


SUGAR PROCESSING  2061, 2062

     •    Are both liquid and crystalline sugar produced?

     •    What type of system exists in the plant for "sweet water"
          recovery?
                                      24

-------
     •    Are  ion exchange  systems  used?  If so what are the backwashing
          systems  likely to produce as wastes?  How frequent is  backwash?
                  \
     e    If  char filtering systems are used does any washwater  or trans-
          port  water go to  the sewer?

     e    Are  trucks  or other heavy  equipment maintained?   Washed?   Any
          floor drains leading to sewers?  Any traps?

     •    What  bulk chemicals  are stored and how?  (Examples are  acids used
          in liquid sugar production).

     •    What  happens to filter sludges in the plant?  What type of  filter
          aids  are  used?

     •    Is cooling water used?  Discharge to?

     •    What  is the  frequency  of  boiler blowdown and what are  the  addi-
          tives used and volumes discharged?

     •    From  cleaning  of  equipment  what wastes are  sewered and what
          wastes  are  recycled through  the plant - examples  are  filters,
          evaporation pans,  screens, etc.

     e    Are process and domestic wastewater segregated?

     e    Any representative sampling point?


TEXTILE MILLS   All  22— and 23—numbers

     •    What  are  the products manufactured  in  the  mill?   What is  the
          approximate production of the mill?

     e    What  types of fibers are used in the fabric?

     •    Does  the raw fiber  require  cleaning before spinning and weaving?

     •    Are the  fibers or fabrics scoured, mercerized, fulled,  carbonized
          or  bleached?  What  chemicals  and rinsing operations are used and
          what  is  the destination of these wastes?

     e    Is  any kind of sizing applied  and  if  so  what  kind  is it?

     e    Is desizing practiced and what are the chemicals  used?   Are these
          chemicals discharged to the sewer?

     •    Is  dye applied to  fabrics?  What are the  types  and chemical
          constituents of  the dyes and  are  the  spent dye  solutions  and
          rinse waters discharged to the sewer?
                                        25

-------
     •    Ar«  any antistatic  agents  applied  to  synthetic  fibers  before
          spinning and weaving operations?  Would these be removed from  the
          fabric  and  subsequently enter  the wastevatar  discharged  to  the
          sewer?

     •    Are  any further finishing operations  practiced such as printing
          or application of various coatings?

     •    What  is the  volume of  waste  water  generated by  each chemical
          process?

     •    Are  there  any methods of  pretreatment employed before discharge
          of waste water to the sever?

     •    Any water cooled machinery used?  Discharged to?

     •    Any liquids stored near floor drains leading to sever?

     •    Any  .boiler blovdovn  to  sever  -  frequency, volume,  additives?

     e    Are process and domestic wastevater segregated?

     •    Any representative sampling point?


UNIVERSITIES  8221

     •    Is a map of the campus available to inspectors?

     •    Can a master list of chemicals used on campus be provided?  Which
          chemicals are used most?

     e    Is  there an organized  waste chemicals  pickup  program?   How many
          pickups/year?    How   many  gallons   picked  up/year?    Who  is
          scavenger(s)?    licensed?    Frequency   of  scavenger   pickups?
          Central storage  location(s)  for  waste chemicals that  have* been
          picked up?

     •    Are  radioactive  materials  handled on  Campus?   If  yes,  in  what
          capacity?   Are  any  wastes  generated?   If yea, how  are  these
          wastes disposed of?

     •    Any  photodeveloping  facilities  on  campus?   Any printing facili-
          ties?

     •    Any  prototype  PC board  work in  the  electronics  labs on campus?

     e    How are pathogenic organisms disposed of?

     •    Any  pretreatment 'facilities  (marble  chip  acid  traps, dilution
          pits, etc.)?
                                    26

-------
     •    How much water is consumed/year?
          Has a  study be«n  done  to account for all water uses?  (cooling
          water,  laboratory wastevaters,  cooling cower and  boiler  blow-
          downs,  evaporation and  drift from  cooling  towers, lawn  irri-
          gation,  etc.)  Which,  and how many  of  each,  of  the following
          units  (that usually discharge uncontaminated water Co che sewer)
          does the  university have in operation at various times:  stills,
          cold rooms, diffusion pumps,  centrifuges,  electron microscopes,
          x-ray  diffraction units, •lectrophorssis unics, air compressors,
          ice  machines,  fermentors.   What  is total campus  population,
          including  employees?   How many reside on campus?

     •    Are there  floor drains  near  liquid chemical  storage areas  (such
          as Building & Grounds,  chemical "supermarkets",  waste chemical
          storage area(s),  fuel oil tanks)?


VETERINARY SERVICES   0741,  0742

     •    Chemical  usage and storage - quantities, destination floor drain
          proximity.
          -    alcohol,   germicides,   pesticides,   cleaners,   medicines

     e    Washing baths - detergents used  and discharge  producedures, any '
          hair clogging  problems.   .

     e    Animal  boarding  - what  is  done  with  excretia  material.

     •    Any special procedures  for infectious wastes.


WOODWORKING SHOPS  243X,

     e    Chemical  usage -  look  for solvents,  chinners, paints, stains,
          cutting oils,  adhesives, etc.

     •    Disposal procedures  for chemical wastes.

     •    How are  brushes cleaned?  Are any spray guns used - how are they
          cleaned?

     e    Chemical storage  - proximity to  floor drains.

     •    How is cutting machinery lubricated and  cooled?
               are cutting  oils discharged
               any  cooling  uater  (contact or non;  recirculated  or dis-
               charged)
                                       27

-------
RADIOACTIVE MATERIALS  Ho SIC

     •    Quantify the «*••»•« «•"«• quantity of each radioouclide used, stored,
          and discharged at the facility.

     •    How are liquid and solid radioactive wastes being disposed of?
               are they being hauled away?  If so what is the name of  the
               hauler and what is the destination of che waste?
               are they being discharged to the sanitary sewer?  If so,
               how often and what are the ma-rinun concentrations in curies?

     e    Obtain a copy of radioactive user licenses.
                                         i
     •    Obtain a copy of any protocols for handling radioactive materials
          at the facility.

     •    Obtain a copy of any logs pertaining to radioactive discharges.


STEAM SUPPLY & NON-CONTACT COOLING  No SIC

     Steam Supply

     •    Is sytem high or low pressure steaa?

     e    What, if any, are boiler additives?  Do they contain chromates?

     e    How frequent and what is the quantity of boiler blowdown?

     e    Is major cleaning and maintenance done?  How often?

     •    Are ion exchange systems used for boiler feed water?  If so, what
          types of wastes are generated?

     Non-Contact Cooling Water

     e    Are cooling towers used?  If so what are the additives?

     •    How frequently are towers blown down?  Where does blowdown go?

     e    Are closed systems ever by-passed?
                                    28

-------
        ATTACHMENT 11.5
 SAMPLE TAG AND RECORD SHEETS
•  EPA Sample Tag
•  Chain of Custody Record
•  Monitoring Results Report Form
•  Sampling Record

-------
           iJCAMPLE SAMPLE TAG
      ENVIRONMENTAL PROTECTION AGENCY
          OFFICE OF ENFORCEMENT
  NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
BUILDING 53, BOX 25227, DENVER FEDERAL C2HTE3
          DENVER, COLORADO  80225
          4>EPA
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Project Code

Station No.
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-------
                                                              CHAIN OF CUSTODY RECORD
                MDC INDUSTRIAL WASTE MONITORING PROGRAM
SAMPLERS (Signatures)
  Industry
    Code
Seq.
No.
Date
Source Description
                                                                    Container
                                                                   Size    G/P
Relinquished by:
                     Date/Time
                           Received by:
                                          Relinquished by:
Date/Time
Received fay:
 Relinquished by:
                     DateAlme
                           Received by:
                                          Relinquished by:
Date/Time
Received by:
 Relinquished by:
                     Date/Time
                           Received by:
                                          REMARKS:

-------
                                TTTAMPT.it CHAIN OF CUSTODY RECORD
                         INDUSTRIAL DISCHARGE CONTROL SECTION
                         "     SAMPLE CHAIN OF CUSTODY RECORD
SAMPLE*





















DATE





















TIME





















TEMP
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INDUSTRY #
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RELINQUISHED BY





















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PRESERVATION


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ANALYSIS REQUIRED





















SAMPLERS
RECEIVED BY DATE TIME
RECEIVED BY DATE TIME
RECEIVED BY DATE TIME
DISTRIBUTION:  Original . l_at>
            Ytllow COPY • IOCS Fil*
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-------
                           EXAMPLE MONITORING RESULTS REPORT FORM
Facility Maae:

Permit So.:

Sampling Coda:
S * Scheduled
(I - Unscheduled
?C  • Flow Proportion
  *   Composite (x • hours)
0 » Demand
M - Self Monitoring
G • Crab Sample
C  •' Composict (x • hours)
i
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; Sample
Date 1 Coda

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Parameter ! ! ! i
Value ; ] 1 ! I j ! i
Parameter | ,' !
Value J ! j j ' ; i !
Parameter ; } 1 ; '. \ \
Value 1 i 1 !
Parameter ! j ! | ! ; !
Value | ! j i 1 !
Parameter i i i ! ! ; ! j
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Value . !i||
. Parameter ! • 1 |
. Value ! I i !
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  Permit limits' for 24 hrs. flow composite

-------
                                   EXAMPLE SAMPLING RECORD
Person Sampling:




Date:  	
Facility Sampled:



Facility Location:
Sampling Location:
Sample Type:



Observation/Comments:
              Time:
                                                  am/ am
Grab (  }
Composite (   )
Sample 3otcle I.D. (Marking)




Samples split with facility?



Name of Facility Representative:
       Yes (  )
       (  )
Tide of Facility Representative:

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-------
        ATTACHMENT 11.6
•  Sampling Techniques
•  Sample Containers, Preservation
   and Holding Times

-------
         B/REG.  VI-5/#7

r
                               INDUSTRIAL USER SAMPLING TECHNIQUES
              The foundation of the local pretreatment program is an industry's
         compliance with applicable pollutant discharge  limitations.  An effective
         pretreatment program must include the ability to  take IU wastewater samples
         and  arrive at meaningful and supportable analytical results.  Sampling and
         analysis of an IU wastewater discharge is conducted to accomplish one or more
         of  the following objectives:

              •  Verify IU compliance with wastewater' discharge limitations
              •  Verify IU self-monitoring data
              •  Verify that parameters specified in  the industrial user's permit are
                 consistent with wastewater characteristics
              •  Support reissuance and revision of industrial user's permits
              •  Support enforcement action.

              The control authority's sampling program may consist of any combination
         of  in-house sampling and analytical capabilities  or contracted services.
         However, the control authority must ensure that the sampling program consists
         of  properly trained personnel, accepted sampling  procedures, and protocol and
         accurate record keeping to ensure the validity of the IU sampling results.
         Data collected from a control authority will likely be the basis for deter-
         mining compliance by lUs, therefore extreme  care  must be taken during all
         phases of sampling and analysis.  Section 403.8(f)(2)(vi) of the pretreatment
         regulations states:  "...Sample caking and analysis and the collection of
         other information shall be performed with sufficient care to produce evidence
         admissible in enforcement proceedings or in  judicial actions."

              This section will present guidelines and considerations for sampling and
         analysis of IU discharges.  IU sampling and  analysis can be done independently
         or  in conjunction with a compliance inspection visit, and performed by the
         same or different control authority personnel.  If indeed IU sampling and
         analysis is performed both independently and by control authority personnel

-------
B/REG. VI-5///7


different from the inspection personnel, it is strongly recommended  that  those

sampling personnel involved familiarize themselves with some of the  same  pro-

cedures and guidelines presented in Chapter C.


Pre-Sampling Considerations

     The following areas should be addressed by the control authority when

developing sampling procedures for sampling lUs.


Selection of Representative Sampling Sites

     Following are some considerations for the selection of a representative

sampling site(s) at an Industrial user facility:


     •  Samples should be taken at points of high turbulence flow to ensure
        good mixing and prevent the deposition of any solids discharged.

     •  Sample sites should be easily accessible and free of any major  safe y
        hazards (i.e., spalling concrete).

     •  Normally, local discharge limitations apply where the IU discharge
        enters the POTW.  National Categorical Standards, however, regulate
        the discharge only from an industrial process.  Therefore, to verify
        compliance with categorical standards, the control authority needs to
        sample at the end of the regulated industrial process.  If it is
        impossible to segregate a regulated process wastewater flow  from  other
        process wastestreams or dilution wastestreams (i.e., sanitary,
        noncontact cooling water), the control authority needs to utilize the
        combined wastestream formula (as outlined in Section 403.6(e) of  the
        General Pretreatment Regulations) to adjust the categorical  standard
        based on the addition of other wastestreams.


Sample Collection Techniques

     Depending on the objectives or requirements of the monitoring program,

samples can be collected either manually or with automatic samplers.  The
following general guidelines apply when taking samples:
                                      •»

     •  Exclude large nonhomogeneous particles and objects

     •  Collect the sample facing upstream to avoid contamination

     •  Do not rinse sample container with sample when collecting microbi-
        ological samples, but fill it directly to within 2.5 to 5 cm from the
        top

-------
B/REG. VI-5/#7


     •  Fill the container  completely  if  the sample  is  to  be  analyzed for
        purgeable organics, oxygen,  ammonia, hydrogen sulfide,  free chlorine,
        pH, hardness, sulfite,  ammonium,  ferrous iron,  acidity, or alkalinity

     •  Collect sufficient  volume  to allow for quality  assurance  testing.


Types of Samples

     The two types of samples,  grab  and composite samples,  can  be collected

either manually or with automatic  samplers.   These types of samples are

discussed below.


Grab Samples

     Grab samples are individual samples  collected over a  period of time not

exceeding 15 minutes; the grab  sample  can be taken manually.  The collection

of a grab sample is appropriate when a sample is needed to:


     •  Provide information about  instantaneous concentrations  of pollutant at
        specific times

     •  Allow collection of a variable sample volume

     •  Corroborate composite samples

     •  Collect samples for parameters not amenable  to  automatic sampling
        (e.g., oil and grease,  volatile organics, coliform bacteria).


Composite Samples

     These samples consist  of grab samples collected at equal intervals and

combined proportional to flow;  a sample continuously collected  proportionally

to flow; or equal volumes taken at varying time intervals.  Composite samples

should be used when:


     •  Determining average pollutant  concentration  during the  compositing
        period

     •  Calculating mass/unit time loadings

     •  Wastewater characteristics are highly variable.

-------
B/REG. VI-5///7

     There are six methods for compositing samples; they may be collected
using either manual or automatic sampling technologies.  The six compositing
methods, all of which depend on either continuous or periodic sampling, are
shown in Table A.  In any manual compositing method, sample manipulation
should be minimized to reduce the possiblility of contamination.

     To determine the pollutant loading rate into a POTW system or to flow
proportion a sample, it may be important for the control authority to make an
accurate flow measurement for each regulated discharge.  Therefore, control
authority sampling staff should also be prepared to measure flow in case the
IU does not regularly monitor the amount of wastewater discharged.

Sample Volume
     The volume of samples collected depends on the type and number of
analyses that are needed, as reflected in the parameters to be measured.  The
volume of the sample obtained should be sufficient to perform all the required
analyses plus additional amounts to provide for any split samples or repeat
analyses.  The laboratory performing the analysis should be consulted for any
specific volume required.  A breakdown of the recommended minimum sample
volumes for different pollutant parameters can be found in EPA's "Methods for
Chemical Analysis of Water and Wastes," 1979; "Handbook for Sampling and
Sample Preservation of Water and Wastewater," 1982; and the current, EPA
approved edition of "Standard Methods."

Selection and Preparation of Sample Containers
     The selection and preparation of sample containers will be based on the
parameters to be measured.   Wastewater samples for chemical analysis are
generally collected in plastic (polyethylene) containers.  Exceptions to this
general rule are oil and grease samples, pesticides, PCBs, and other organic
pollutant samples.  These are collected in properly rinsed glass jars or
bottles and sealed.  Bacteriological samples are generally collected in
properly sterilized plastic or glass containers.  The table beginning on page
14 presents the recommended sample container type for many of the sample
parameters that would be sampled for at an IU.

-------
                                    TABLE A

                              COMPOSITING METHODS
    Compositing
     Principle
    Advantages
   Disadvantages
     Comments
Constant sample
volume, constant
time interval
between samples
Constant sample
volume, time
interval between
samples
proportional to
stream flow

Constant time
interval between
samples, sample
volume proportional
to total stream
flow at time of
sampling
Minimal instrumen-
tation and manual
effort; requires
no flow measure-
ment

Minimal manual
effort
Minimal
instrumentation
Constant time
interval between
samples, sample
volume proportional
to total stream
flow since last
sample
Minimal
ins trumentation
May lack represen-
tativeness espe-
cially for highly
variable flows
Requires accurate
flow measurement/
reading equipment;
manual compositing
from flow chart
Manual compositing
from flow chart in
absence of prior
information on the
ratio of minimum to
maximum flow;
chance of collec-
ting too small or*
too large indivi-
dual discrete
samples for a
given composite
volume

Manual compositing
from flow chart in
absence of prior
information on the
ratio of minimum to
maximum flow;
chance of collec-
ting either too
small or too large
individual dis-
crete samples for
a given composite
volume
Widely used in
both automatic
samplers and
manual sampling
Widely used in
automatic as well
as manual sampling
Used in automatic
samplers and
widely used as
manual method
Not videly used in
automatic samplers
but may be done
manually
                                      -5-

-------
                              TABLE  A (Continued)

                              COMPOSITING METHODS
    Compositing
     Principle
    Advantages
   Disadvantages
     Comments
Constant pumping
rate
Sample pumping rate
proportional to
stream flow
Minimal manual
effort, requires
no flow
measurement
Most representa-
tive especially
for highly
.variable flows;
minimal manual
effort
Requires large
sample capacity;
may lack represen-
tativeness for
highly variable
flows

Requires accurate
flow measurement
equipment, large
sample volume,
variable pumping
capacity, and
power
Practical but not
widely used
Not widely used
                                     -6-

-------
B/REG. VI-5/07

     It is essential  that  the sample containers be made  of  chemically resis-
tant material and do  not affect the concentrations of  the pollutants to be
measured.  In addition, sample containers must have a  closure  that will
protect the sample from contamination.

Sample Preservation and Holding Time
     In most cases, wastewater samples  contain one or  more  unstable pollutants
that require immediate analysis or preservation.   Prompt analysis is the most
positive assurance against error from sample deterioration, but this is not
feasible for composite samples, in which portions may  be stored for as long as
24 hours.  It is important that preservation of the samples be provided for
during compositing, where  possible, in  addition to being preserved before
being transferred to  the laboratory. Procedures  used  to preserve samples
include refrigeration, pH  adjustment, and chemical treatment.  Proper preser-
vation and holding time for samples is  essential  to the  integrity of the
monitoring program.   The table beginning on page  14 provides the recommended
preservatives that should  be used for specific sampling  parameters.

Other Sampling References
     Several additional documents are available which  address  sample collec-
tion and preservation and  flow measurement.  It is recommended that these
references be utilized by  the control authority to ensure proper sampling and
flow measurement techniques.  They include, among others:

     •  Handbook for  Sampling and Sample Preservation  of Water and Wastewater,
        U.S. Environmental Protection Agency, Environmental Monitoring and
        Support Laboratory, September 1982.  Report No-  EPA-600/4-82-029.
        NTIS PB83-124503.
     •  Methods for Chemical Analysis of Water and Wastes, U.S. Environmental
        Protection Agency, Environmental Monitoring and  Support Laboratory,
        1978.  Report No.  EPA-500/4-79-020.  NTIS PB 297686.
     •  Compliance Evaluation Inspection Manual.  EPA,  Office of Water Enforce-
        ment, July 1976.
     •  NPDES Compliance Sampling Inspection Manual-MCD-51, USEPA Enforcement
        Division, Office of Water Enforcement, Compliance Branch.
     •  Standard Methods for the Examination of Water  and Wastewater. American
        Public Health Association,15th Edition.

-------
     ; :vi-5-/#7
Chain-of -Custody and Quality Control
     Documentation of all pertinent data concerning the collection, preserva-
tion and transportation of any 1U samples is critically important to the
overall success of the local pretreatment program, due to the fact that any  IU
sampling data might be used as evidence in court proceedings against a non-
compliant IU.

Sample Identification Methods
     Each sample must be accurately and completely identified.  It is impor-
tant that any label used to identify the sample be moisture-resistant and able
to withstand field conditions.  A numbered label associated with a field data
sheet containing detailed information on the sample may be preferable to using
only a label for information.  The information provided for each sample should
include the following:

     •  Sample site location, discharge, and faciltiy
     •  Name of collector(s)
     •  Indication of grab or composite sample with appropriate time and
        volume information
     •  Identification of parameter(s) to be analyzed
     •  Preservative used
     •  Indication of any unusual condition at the sampling location and/or in
        the appearance of the wastewater
     •  Notation of conditions such as pH, temperature, residual chlorine, and
        appearance that may change before the laboratory analysis, including
        the identification number of instruments used to measure parameters in
        the field.

Transfer of Custody and Shipment
     In order to ensure the validity of the compliance sampling data in court,
there must be accurate written records tracing the custody of each sample
through all phases of the monitoring program.  The primary objective of this
chain-of -custody is to create an accurate written record that can be used to
trace the possession and handling of the sample from the moment of its
collection through analysis and introduction as evidence.

-------
B/REG. VI-5///7


     •  When transferring  possession of samples, the transferee must  sign  and
        record that date and  time  on the Chain-of-Custody Record (see example
        in Attachment C.4).   In general, custody transfers are made on each
        individual sample, although samples may be transferred as a group, if
        desired.  Every person  who takes custody must fill in the appropriate
        section of the Chain-of-Custody Record.  The number of transfers
        should be kept to  a minimum.

     •  The person taking  the sample is responsible for properly packing and
        dispatching the samples to the appropriate laboratory for analysis.
        This responsibility includes filling out, dating, and signing the
        appropriate portion of  the Chain-of-Custody Record.

     •  All packages sent  to  the laboratory must be accompanied by the
        Chain-of-Custody Record and other pertinent forms.  A copy of these
        forms should be retained by the originating office.

     •  Mailed packages should  be  sent with return receipt requested.   If  sent
        by common carrier, receipts are retained as part of the permanent
        chain-of-custody documentation.

     •  Shipped samples should  be  properly packed to prevent breakage,  and the
        package sealed or  locked so that any evidence of tampering may be
        readily detected.


Sampling Quality Control

     Control checks should be performed during the actual sample collection to

determine the performance  of  the sample collection system.  In general, the
most common monitoring errors are  usually caused by improper sampling,

improper preservation, inadequate  mixing during compositing and splitting, and

excessive sample holding time.   The following types of samples should be used
to check the sample collection  system:


     •  Duplicate Samples.  These  are separate samples taken from the same
        source at the same time.  These provide a checl: on sampling equipment
        and precision techniques.

     •  Split Samples.  This  is a  sample that has been divided into two
        containers for analysis by separate laboratories.  These aid  in
        identifying discrepancies  in analytical techniques and procedures.

     •  Spike Samples.  This  is a  sample to which a known quantity of the  same
        substances has been added.   These provide a proficiency check for
        accuracy of the analytical procedures.

     •  Sample Preservative Blanks.  This is a sample of distilled water to
        which a known quantity  of  preservative is added.  This sample is then

-------
B/REG. VI-5///7

        analyzed to determine the efficacy of the preservative.  These  provide
        a check on the contamination of chemical preservatives.

Data Handling and Reporting
     To obtain meaningful data for the compliance monitoring program, a
properly preserved representative sample must be delivered for analysis.   The
analysis must be performed in the prescribed fashion according to EPA approved
procedures.  The calculations should be completed and the results converted  to
final form so that the analytical data can be permanently recorded in meaning-
ful, exact terms.

     The analytical information reported should include the measured param-
eters and the details of the analysis, such as original analytical instrumen-
tation readings, correction factors, blanks, and the reported data values.

     The compliance monitoring records should include sampling date, time  and
location, analyses dates and times, names of analysts, analytical methods/
techniques used, and analytical results.  To ensure that data resulting from
various analyses are recorded, transferred, and stored correctly, the data
should be checked at the various transfer points.

Preparation for IU Sampling
     Several considerations should be addressed by the control authority
sampling staff in preparation for an IU sampling visit.  The following  general
points assume that the control authority sampling staff have direct access to
the IU inspection reports and files or work directly in conjunction with the
inspection personnel.  If neither is the case, then control authority sampling
staff need to gather the following information through some other sources  or
through an inspection of the IU itself.

     •  The samplers should know:
        -  The exact locations to be sampled
        -  The parameters to be sampled
                                      10

-------
B/REG. VI-5///7

        -  The type of  samples  to be  taken (grab, time composite,  or  flow
           composite)
        -  The type of  sample containers
        -  The preservatives needed.
     •  The samplers should be  aware  of process and flow variations,  recent
        shut downs, etc.  (i.e.,  weekends,  holidays, seasonal  production).
     •  Sampling and safety equipment should be calibrated  and  tested to be
        sure it functions  properly and the samplers are familiar with its
        operation.
     •  All sampling "paperwork" should be filled out  to the  extent possible
        and all containers properly marked.  This would include sample
        requests, sample  tags,  chain-of-custody forms, marked containers, etc.
     •  The laboratory  doing the analysis  should be notified  in advance of the
        number and type of samples expected, in order  to prevent extended
        holding times before samples  are analyzed and  to assist in overall
        laboratory planning.

     By the time the control authority sampling team reaches  an IU, they
should already know what  parameters they will collect  samples for, where and
how they will sample, and  have  all the appropriate equipment  (including safety
equipment, sample bottles, preservatives,  field log sheets, lab forms, chain-
of-custody forms, etc.) readily available.

Ongoing Compliance Monitoring
     In order to ensure IU compliance with applicable  Federal, State  and local
pretreatment discharge  limitations, control authority  sampling staff  will need
to continually monitor  the wastewater discharged by an IU.  This ongoing
compliance sampling will  either be scheduled or unscheduled with the  IU, or
demand sampling in response to  a spill, etc.  This ongoing  compliance sampling
does not have to always be as detailed and resource intensive as the  first
scheduled IU sampling visit.

     Generally, there are  three considerations that could be  evaluated by the
control authority; sample  type,  sample frequency, and  sample  parameters.
                                       11

-------
B/REG. VI-5///7
     •  Sample Type - Simple grab samples or time composites could be utilized
        between scheduled or unscheduled intensive 1U sampling visits to
        spotcheck discharge conditions.

     •  Sample Frequency - A simple one-time grab or time composite only
        during IU peak production periods may be used between scheduled or
        unscheduled intensive IU sampling visits to spotcheck wastewater
        discharge conditions.  If violations are found, then increased sample
        frequency may be warranted to properly document the IU noncompliance.

     •  Sample Parameters - At a minimum, the control authority should sample
        an IU discharge for those parameters known to be present in the IU
        discharge, as well as regulated  by Federal, State and local discharge
        limitations.  Intensive monitoring at an IU may include sampling also
        for those pollutants that have a potential to be discharged by an IU
        and/or are of particular concern to the control authority (i.e., to
        protect the treatment plant,  receiving stream, and sludge quality).


     The amount and type of IU sampling  will depend on the resources available

to the control authority.  Regardless of the type and frequency of IU sampling

performed however, as described in previous sections of this chapter, extreme

care should be taken to ensure that any  IU sample taken and analyzed will be

able to be used as evidence against an noncompliance IU discharge.
                                      12

-------
RECttfiffiNDED CONTAINERS, PRESERVATION TECHNIQUES,  AND HOLDING TIMES
                       (Source:  EPA, 1982)
Parameter
Bacterial Tests
Colifonn, fecal
and total
Fecal streptococci
Inorganic Tests
Acidity
Alkalinity
Ammonia
Biochemical oxygen
demand
Biochemical oxygen
demand,
carbonaceous
Bromide
Chemical oxygen
demand
Chloride
Chlorine, total
residual
Color
Cyanide, total and
amenable to chlori-
nation
Fluoride
Hardness
Container(l)
P,G
P,G
P,G
P,G
P,G
P,G
P,G
P,C
P,G
P,C
P,G
P.G
P,G
P
P,C
Preservative(2), (12)
Cool, 4°C
0.008Z Na2$203 (&)
Cool, 4'C
0.008Z Na2S203 (&)
Cool, 4°C
Cool, 4'C
Cool, 4'C
H2S04 to pH<2
Cool, 4'C
Cool, 4'C
None required
Cool, 4'C
H2S04 to pH<2
None required
None required
Cool, 4'C
Cool, 4'C
MaOH to pH>12
0.6g ascorbic
acid (6)
None required
HN03 to pH<2
Maximum
Holding Time(3)
6 hours
6 hours
14 days
14 days
28 days
48 hours
48 hours
28 days
28 days
28 days
Analyze immediately
48 hours
14 days(9)
28 days
6 months
                                  13

-------
RECOMMENDED CONTAINERS,  PRESERVATION TECHNIQUES* AND HOLDING TIMES
                       (Source:  EPA,  1982)
                         (Continued)
Parameter
Hydrogen ion (pH)
KJeldahl and organic
Nitrogen
Metals (4)
Chromium VI
Mercury
Metals, except above
Nitrate
Nitrate-nitrite
Nitrite
Oil and grease

Organic carbon
Orthophosphate
Dissolved oxygen.
Probe
Dissolved oxygen,
W inkier method
Phenols
Phosphorus
(elemental)
Contained 1 )
P,G
P,C

P,C
P,G
P,C
P.C
P,C
P,G
G, vide
mouth,
teflon
lined cap
P,G
P",G
G bottle
and top
G bottle
and top
G. only
G
Preservative(2), (12)
None required
Cool, 4»C
H2S04 to pH<2

Cool, 4*C
HN03 to pH<2
HN03 to pH<2
Cool, A*C
Cool, 4»C
H2S04 to pH<2
Cool, 4*C
Cool, 4'C
H2S04 to pH<2

Cool, 4'C
HC1 of H2S04 to pH<2
Filter immediately
Cool, 4'C
None required
Fix on site and
store in dark
Cool, 4'C
H2S04 to pH<2
Cool, VC
Maximum
Holding Time(3)
Analyze immediately
28 days .

24 hours
28 days
6 months
48 hours
28 hours
48 hours
.28 days

28 days
48 hours
Analyze immediately
8 hours
24 hours
48 hours
                                 14

-------
RECOMMENDED CONTAINERS, PRESERVATION TECHNIQUES, AND HOLDING TIMES
                       (Source:  EPA,  1982)
                         (Continued)
Parameter
Phosphorus, total

Residue, total
Residue, filterable
Residue, non-
filterable (TSS)
Residue, settleable
Residue, volatile
Silica
Specific conductance
Sulfate
Sulfide



Sulfite
Surfactants
Temperature
Turbidity
Organic Tests (5)
Purgeable
halocarbons

Container( 1 )
P,G

P.C
P.G
P.C

P.C
P.G
P
P.C
P.G
P.C



P.C
P.G
P.C
P.C

G, Teflon-
lined
septum
Preservative^), (12)
Cool, 4'C
H2S04 to pH<2
Cool, 4'C
Cool, 4'C
Cool, 4'C

Cool, 4'C
Cool, 4'C
Cool, 4'C
Cool, 4'C
Cool, 4'C
Cool, 4'C, add
zinc acetate plus
sodium hydroxide
to pH>9
Cool, 4'C
Cool, 4'C
Rone required
Cool, 4'C

Cool, 4'C
0.008Z Na2$203 (6)

Maximum
Holding Time(3)
28 days

7 days
7 days
7 days

48 hours
7 days
28 days
28 days
28 days
7 days



Analyze immediately
48 hours
Analyze immediately
48 hours

14 days


                                  15

-------
RECOMMENDED CONTAINERS,  PRESERVATION TECHNIQUES, AND HOLDING TIMES
                       (Source:   EPA, 1982)
                         (Continued)
Parameter
Purgeable arooatics



Acrolein and
acrylonltrile


Phenols



Benzidlnes
•

Phthalate esters


Ni trosamlnes( 7 )

PCBs


Nitroaromati.es and
isophorone

Polynuclear aromatic


Haloethers


Container(l)
G, Teflon-
lined
septum

G, Teflon-
lined
septum

G, Teflon-
lined cap


G, Teflon-
lined cap

G, Teflon-
lined cap

G,,Teflon-
linea cap

G, Teflon-
lined cap

G, Teflon-
lined cap

G, Teflon-
lined cap

G, Teflon-
lined cap

Preservative^), (12)
Cool, 4°C
.0.008% Na2S203 (6)

HCi to pH<2 (10)
Cool, 4"C
0.0082 Na2S203 (6)
•
Adjust pH to 4-5 (11)
Cool, 4"C
0.0082 Na2S203 (6)


Cool, 4«C
0.0082 Na2S203 (6)

Cool, 4*C


Cool. 4»C . .
store In dark
0.008Z Na2S203
Cool, 4'C8
pH 5-9

Cool, 4-C
^

Cool, 4«C
0.0082 Na2S203 (6)
store in dark
Cool, 4*C
0.0082 Na2S203 (6)

Maximum
Holding Time(3)
14 days



14 days



7 days until
extraction, 40
days after
extraction
7 days until
extraction, 40 days
after extraction
7 days until
extraction, 40 days
after extraction
. ex^ltSSn^O days
after extraction
7 days until
extraction, 40 days
after extraction
7 days until
extraction, 40 days
after extraction
7 days until
extraction, 40 days
after extraction
7 days until
extraction, 40 days
after extraction
                                  16

-------
    RECOKfENDED CONTAINERS, PRESERVATION TECHNIQUES, AND HOLDING TIMES
                           (Source:  EPA,  1982)
                             (Continued)
Parameter
Container(l)
Preservacive(2),
Maximum
Holding Time(3)
Chlorinated
  hydrocarbons
TCDD
Pesticides Tests
Pesticides
Radiological Tests
Alpha, beta and
radium
 G, Teflon-
   lined cap
 G, Teflon-
   lined cap
Cool, 4°C
Cool, 4°C
  0.008Z
 G, Teflon-
   lined cap
Cool, 4°C
  PH 5-9
 P.G
HN03 co pH<2
7 days until
extraction, 40 days
after extraction

7 days until
extraction, 40 days
after extraction
7 days until
extraction,  40 days
after extraction
6 months
                                       17

-------
                                      NOTES
(1)  Polyethylene  (P)  or  Glass  (G).

(2)  Sample  preservation  should be performed immediately upon sample
     collection.   For  composite samples, each aliquot should be  preserved
     at the  time of  collection*  When use of an automated sampler  makes it
     impossible  to preserve  each aliquot, samples may be preserved by
     maintaining them  at  4°C until compositing and sample splitting is
     completed.

(3)  Samples'should  be analyzed as soon as possible after collection.  The
     times listed  are  the maximum times that samples may be held before
     analysis and  still be considered valid.  Samples may be held  for
     longer  periods  only  if  the permittee, or monitoring laboratory,  has
     data on file  to show that  the specific types of samples under study
     are stable  for  the longer  time.  Some samples may not be stable  for
     the maximum time  period given in the table.  A permittee or monitoring
     laboratory  is obligated to. hold the sample for a.shorter time if
     Knowledge exists  to  snow this Is necessary to maintain sample
     stability.  Maximum  holding times include the time required to take
     the composite sample.

(4)  Samples should  be filtered immediately on-site before adding
     preservation  for  dissolved metals.

(5)  Guidance applies  to  samples to be analyzed by GC, LC, or GC/MS for
     specific compounds.

(6)  Should  only be  used  in  the presence of residual chlorine.

(7)  For the analysis  of  diphenylnitrosamine, add 0.0082 Na2S2<>3 and
     adjust  pH to  7-10 with  NaOH within 24 hours of sampling.

(8)  The pH  adjustment may be performed upon receipt at the laboratory and
   •  may be  omitted  if the samples are extracted within 72 hours of
     collection.   For  the analysis of aldrin, add 0.008Z ^28203.

(9)  Maximum holding time Is 24 hours when sulfide is present.

(10) Sample  receiving  no  pH  adjustment must be analyzed within 7 days
     of sampling.

(11) Samples for acrolein receiving no pH adjustment must be analyzed
     within  3 days of  sampling.
                                        18

-------
                                 NOTES  (Continued)
(12) When any sample is  to  be shipped by common carrier or sent through
     the United States mails, it must comply with the Department of
     Transportation Hazardous Materials Regulations (49 CFR Part 172).
     The person offering such material for transportation is responsible
     for ensuring such compliance.  For the preservation requirements of
     Table 5-1, the Office  of Hazardous Materials, Materials Transportation
     Bureau, Department  of  Transportation has determined that the
     Hazardous Materials Regulations do not apply to the following
     materials:  Hydrochloric acid  (HC1) in water solutions at concen-
     trations, of 0.04%   by  weight or less (pH about 1.96 or greater);
     Nitric acid (HNO3)  in  water solutions at concentrations of 0.15% by
     weight or less (pH  about 1.62  or greater); Siilfuric acid (H2S04) in
     water solutions at  concentrations of 0.35Z by weight or less
     (pH about 1.15 or greater); and Sodium hydroxide (NaOH) in water
     solutions at concentrations of 0.080Z by weight or less (pH about
     12.30 or less).
                                           19

-------
             ATTACHMENT 11.7

   INSPECTION GUIDE AND PRETREATMENT
RECOMMENDATIONS, CITY OF HOUSTON, TEXAS

-------
GENERAL PRETREATMENT REQUIREMENTS
SIC
CODE

7538
7539



	

J539
	
7542
	

5441
*


_BQZ1
8072





PROCESS
Automotive Repair
- General
- Specialty

including^engine repair
and repair of other parts;
part cleaning; oil change;
lubrication.


Battery pppalr
Service and repair of
automotive batteries.


Car washes




Convenience Store with
three (3) compartment sink.
Food preparation for retail
sale.
•- •

Dental Clinics
Dental Laboratories
General or specialized den-
tistry, dental lab processes
JncJuding the making of den-
tures and artificial teeth.

Industrial
Category
Service









Service




Service




Service





Service





Suspected Process
Effluent Sources
floor drains in shop
areaj utility sinks ^
waste oil tank







add storage



drains in wash racks




Kitchen sink





dark room, lab sinks






Suspected
Pollutants
oil and grease






.


Heavy metals esp.
Pb; acids, pH
oil and grease


oil and grease. pH.
mud, sand and grit



Oil and grease. TSS.
pH




Silver. Oraanics






Required
Pretreatment
waste solvent
containment.
grease trap}
waste oil tank






.containment and
off-site disposal



grease/mud trap.
recycle system



grease trap





Silver recovery svstem






1 of 5

-------
GENERAL PRETREATMENI REQUIREMENTS
SIC
CODE
_m5
	

J26.1

	

7538





J5JJLJ



8062

8063
8069






PROCESS
f jlnj & PhQtO-Llnl5hJng_Stflci
EUm pCOC.OSSing and
photographic developing


funeral Homos
Preparing the dead for
burial, cremating the dead



Gas Stations with Auto Re-
pair shops and/or Car Washes
See Automotive Repair or
Car Wash


Grocery Stores
Retail sale of all sorts of
food


HnspHaK
- General medical and sur-
fjical
- Mental, Psychiatric
- Other Specialty
General medical and surgical
J ? rvic es »_d 1 a gnps 1 1 c med icaj
.scrvJceS-^JnpatienL-treat-,
ment for the mentally 111 , ai
nthor hn<;nit.i1 Anil l^n.ilth
care services.
Industrial
Category
Service




Service





Sendee 	




Service




*vpfVlf P







d


Suspected Process
Effluent Sources
darkroom, photographic
equipment f lab sinks



preparation area











kitchen sink and meat
cuttinq area



radioloav labs; lab
iJ nksi-dack coom_s J nks4.
kitchen area; laundry
room







Suspected
Pollutants

-------
GENERAL PRETREATMENT REQUIREMENTS
SIC
CODE
7011




	 —



7215
J218
7213




7?11






7535
7531






PROCESS
Hotel, Motels
_P_TQYJ de_lodging*_Q£_Lodgtnij_
and meals for the general
public.





Laundries
- Coin-operated
- Industrial
- Linen Supply
Household and industrial
laundry.


lanndpiPS - Rnwpr
Operation of merhanlr.al
laundries with steam nr
other powep; family or com-
mercial.


Paint and Autobody Shops
- Paint shops
- Top and body repair shops
Repair of automotive tops,
bodies and interiors^ auto-
motive painting and re-
finishing.


Industrial
Category
Service








Service







Service






Service








Suspected Process
Effluent Sources
laundry facillitv.
kitchen area







floor drains, washing
machines, steam
cleaners, sinks





steam cleaners, floor-
drains, utility sinks





-paJnL_trjp4_f_lo.Qr_= 	
drains, utility sinks







Suspected
Pollutants
Oil and grease. pH. TS.(








oil and grease, pH,
temperature





~
i)1 1 and grpdse pH
TS*;





oil and grease, Pb,
TSS






-
Required
Pretreatment
Grease trap, lint
tran







lint trap . waste heat
recovery






grease_tcap^-waste_heat
recovery





vaste oil tank, paint p
trap







3 of 5

-------
GENERAL PR E TREATMENT REQUIREMENTS
SIC
CODE
_aou




7539






5R1?




_Z39J


4212
	

~TWl

PROCESS
Jbyskians1 offices
Practice of qeneral or
specialized medicine and
surgery.


Radiator Repair
Pressure test, check for
leaks, soldering.




Rpttaiif^nts
Retell sale of prepared
food and drinks.


Rpspflrrh Laboratories
Laboratory wbrk or other
physical research and
development

Tank Truck Washinq
•




Testing Laboratories
Product testing on a fee or
contract basis.

Industrial
Category
Service





Service






-Se.cjd.ce 	
• •»



Service




Service





Service



Suspected Process
Effluent Sources
lab sinks, darkrooms.
x-ray developers




^austl£_cJeanfng_batiiA.
caustic cleaning tank.
hydrotestlnq tank.
floordrains



kitchen area




lab sinks, floordrains
safety showers



drains in washlna
area




Lab sinks, floordrains r
safety showers


Suspected
Pollutants
.Silver, nrnanlrc





pH. heavy metals '






oil and grease, pH,
TSS. BOD

-

nil. nrcianlcs. heavv
metals



pH, orqanlcs. heavy
metals, oil and grease




pHr organic.*, heavy
metals


Required
Pretreatment
Silver recovery unit,
waste containment




recycle system, waste
holding tank





grease trap




.neutralization -laaL. 	
wastes contained for
off-site disposal


separation. pH
adjustment ^sludges '
contained for off site
disposal


pM adjustment, waste
containment for off-Sitr
disposal


-------
GENERAL PRETREATMENT REQUIREMENTS
SIC
CODE
7692






7215


	

	





«_^









PROCESS
Welding Shops
General repair work by weld-
ing including automotive
welding, repair of cracked
casting and brazing.


Washaterias

























Industrial
Category
Service






Service

























Suspected Process
Effluent Sources
cooling water tank.
hydrotestinq tank.
stripping tanks




See Coin-operated
Laundries
























Suspected
Pollutants
pH. heavy metals
































Required
Pretreatment
waste contained for
off-site disposal.































5 of  5

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
2091






JLJU
	


J1354

	
J1355

	
	




PROCESS
Adhesivejnd Sealants -
Manufacture of industrial
and household adhesives;
glues, caulking compounds,
sealants and linoleum, tile,
and rubber cements from vege-
table, animal, or synthetic
materials.


Aluminum Forming
- Aluminum Sheet, Plate Foil
Aluminum and aluminum base
alloy basic shapes such as
sheetLplate and foil are
formed by flat rolling or
continuous casting.
- Aluminum Extrusion
Extruding aluminum and
aluminum base alloy basic
	 shapes_such_ds_rod_aniLbflr
pin *nH hih*» "tr.
- 	 ftluminiM_fioJLUn9_flnd_DcayL-
ing
Involves rolling, drawing
and other operations re-
sulting in the production
of Al ingots, cast rod and
bar.




Industrial
Category
_Mie.iiy.es_
and Sealant
Mfg.







Alumi/iura 	
Forming





,.















Suspected Process
Effluent Sources
cooling water from
reactors, waste raw
materials, floor drain;







contact cooling water,
stripping baths, .-
machinery lubricants.
floordrains



















Pollutants
oH. oraanics. hpat/v
mptalt tpmnprafiirp
III.I.UIJ, w».lll|.><- 1 u 1 "1 <







Heavy metals, pH, oil
and grease, organics,
temperature



_











1




Suggested
Pretreatment
solvent separation.
recharge or containment,
)H adjustment t cooling
tower for cooling water






pH adjustment,
oil skimming; solvent
recharge or containment
for off-site disposal
cooling towers for
cooling water









+







1  of 14

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
JJ69J




_3&93



_2fl65

	

	



3479


	




PROCESS
Hat'erf*
- Storage batteries
Manufacture of storage
batteries, alkaline cell
storage batteries and lea(
acid batteries.
- Primary Batteries
Manufacture of primary
batteries, dry or wet.


CoaLJarUCrudes andJnter-
mediates; Cyclic Dves and
Organic Pigments
Manufacture of coal tar
crudes and cyclic organics,
dyes and toners. I.e. deri-
vatives of benzene, toluene
and other cyclic products;
synthetic organic dyes and
pigments; light oil products.


Coil Coating
- Steel basis materials
- Galvanized basis materials
- Aluminum_bas.Ls_mater.lals
Metal-SurJace_is_cJeaned_and.
etched_by sandblasting to

Coating is mfg. and applied
l>y firing or fusing to basis
metal .
Industrial
Category
Mechanical
Machinery
Manufactur-
ing







-Industrial
.Organic 	








Coil Coat-
ing








Suspected Process
Effluent Sources
wastewater from mfg.
process, floor drains,
sinks








wastewater from mfq.
mfg. process, floor-
drains, cooling water









wet scrubber discharge
cooling water, strip-
ping hath*, floordrain







Pollutants
Heavy metals esp.
Pb. pll









Organics. pH. oil and
qrease, phenols, poly-
aromatic hydrocarbons,
temperature








Heavy metals (incl. CN,
I'b, Cd. Cr); TSS; pll;
oil and grease; organics
temperature






Suggested
Pretreatment
/aste containment for
off-site disposal,
eutralization,
teavy metal ppt, sludge
ontained. pll adjustment






pH adjustment; oil
skimming; solvent
separation, recharge or
containment t cooling
towers for cooling
water






•vastewater recycle
where product quality
is not affected, oil
skimming, heavy metals
l>l)t, settling, sludqe
contained and hauled ofl
site, pH adjustment.
cooling tower for
coo liny water

2  of

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
_3444



3674




-J6Z9
	


3471
	 —








PROCESS
Copper fonnina
See Aluminum Forming


Electronic Components and
Accessories
- Semiconductor and Related
Devices
Manufacture of semiconductor
and related solid state de-
vices i.e., integrated micro-
circuits, diodes and stacks.
- Electronic Components
Manufacture of electronic
components such as printed
circuitSj switches^ antennas
and waveguides.


Electroplating. Platinq.
Anodizing and Coloring.
Chromium j)l at ing of metalSj 	
Cleaning, descaling, buffing
and polishing, electroplating
coloring and finishing.








Industrial
Category
Copper
Forming


Electronic
Components
Mfg.












Electro-
plating












Suspected Process
Effluent Sources
See Aluminum Forming



spent etchant and
plating solution, plat-
ing rinse water, spent
fixer, cooling water,
stripping baths,
floordrains, sinks









spent plating solution
and plating rinse
water, stripping tank,
sink, floordrains










Pollutants




Heavy metals, pH, TSS














Heavy metals , esp.
Zn, Cr, Cd, Ni ; pH;
CN-











Suggested
Pretreatment
See Aluminum Forming



Precipitation and
filtration, hazardous
•/astes contained for
off-site disposal . pH
adjustment










'recipitation and fil-
tration, hazardous
vastes contained for
)tf-site disposal .
CN- and Cr reduction.
)H adjustment
*"







3  of H

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
2011
I
2099



Jm.
3361
.3362


	

2861

•



— —
	

PROCESS
Foul and Kindred Products
Manufacturing or processing
food and beverages for human
consumption.



Foundries
- Iron and Steel
- Aluminum
- Mon-ferrous
Manufacture of Iron, steel,
aluminum and non-ferrous
(brass, bronze and copper)
casting


Gum and Wood Chemicals
Manufacture of hardwood and
softwood distillation prod-
ucts, charcoal, natural dye-
stuffs and natural tanning
materials.

*•








Industrial
Category
Food
Processing





Foundries









Industrial
Orqanic
Chemicals













Suspected Process
Effluent Sources
floordrains and sinks
in processing areas,
water treatment




floordrains, rinsing
baths








cooling water from
reactors and distil-
lation columns, floor-
drains








	 	 — - • -• 	 	 --



Pollutants
oil and grease, TSS
BOD, pit





TSS, heavy metals, oil
and grease, pll, or-
ganics esp. phenols.
chloroform . temperature





"
organics, pH, TSS •
temperature














Suggested
Pretreatment
grease trap, biological
treatment, settling,
filtration, sludge con-
tained for oil-site
disposal , pH adjustment


process water recycled,
gravity sedimentation,
ch'eTcff ca 1 preci pitat \ on,
oil skimming, waste sol
vent separation and
recycle , cooling towers
for cooling water, pH
adjustment


solvent separation or
containment, pH ad-
justment, sedimentation,
cooling towers for
cooling water


*








of

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE

2Q13
?Q|6
2011







	


3199





'



	




PROCESS
Inorganic Chemicals
- Industrial Gases
- Inorganic Piqments
- Industrial Inoroanic
Chemicals
Manufacture of jjases for
sale in compressed, liquid,
and solid forms; black,
white and color pigments:
inorganic salts of sodium
and potassium, etc by brine
extraction, electrolysis, aii
liquification {industrial
gas production).


Leather Goods
Manufacture of leather goods
such as saddlery, harness ani
whips, leather desk sets,
razor straps and leather
belts.


• •








Industrial
Category
Industrial
Inorganic
Chemicals
Manufactur-
ing











Leather 	
Tanning &
Finishing














Suspected Process
Effluent Sources
Mfg. processes, tloor-
drains, sinks in labs
or work areas













sinks In staining and
sealing area, floor-
drains














Pollutants
oil and grease, TSS,
BOD, oil. heavy metals,
NII3













organics, _pH, oil and
grease















Suggested
Pretreatment
Oil separator, waste
holding tank; pit ad-
justment , nitration.
solids trap












grease trap, waste con-
tained for off-site dis
posal , pH adjustment






<







5  of 14

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE

3452.
3494
3490

	



	





.3531
3533



•
	

	


PROCESS
Machine Shoos
- Maqhfn? Parts
- Valves and Pipe Fittings
- Fabricated Pipe and Pipe
Fittings
Manufacture of bolts, nuts,
screws, washers and rivets;
pjpe fittings and valves for
controlling the flow of gase;
and liquids in pipes and
mains i_and for machinery;
fabrication of pipe and pipe
fittings from purchased
pipe, by cutting, threading.
bending, etc.


Machinery aqd Equipment
- Construction
- Oilfield
Manufacture of heavy machin-
ery and equipment used by
the construction industries
such as bulldozers, concrete
mixers, cranesvand the oil
and 
-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
3390
	



2A2L









_2BS2
	



	

	


PROCESS
Metal Heat Treating
Heat treating of metal for
the trade such as annealing,
braziny, hardening, shot
pppning and tempering.


Millworks, Veneer, Plywoods,
Structural Wood Members -
Manufacture of fabricated
wood products from purchased
materials by cutting, nailim
glue inn. staining, sealing.
Products include wood mold-
inns, doors; railings, shut-
ters.


Organic Chemicals Mfg. incl.
1) non-cyclic organic acids
and their metallic salts 2)
solvents 3) alcohols 4) svn-
thetic perfumes and flavor-
ings 5) rubber processing
chemicals such- as accelera-
tors and antioxidants 6)
synthetic tanning agents &
7) esters, amines of poly-
hydric alcohols and acids.




Industrial
Category
Non-ferrous
Metals Mfg.





Timber
Products
Mfg.




•-



Industrial
Organic
Chemicals
Mfa.











Suspected Process
Effluent Sources
wet scrubber discharge,
machinery lubricants,
cleaning solvent, sinks,
floordrains






1







floordrains. mixing
and reactor vats,
sinks in labs, cooling
water











Pollutants
pll, oil and grease,
heavy metals ,
temperature




oil and grease
organic solvents , pH







-

organics incl . acids.
aldehydes, phenollcs,
oil and grease, pH, Ibb
temperature











Suspected
Pretreatment
oi 1 skimming ; heavy
i!tetal$~ppt. and settttrv
pH adjustment,
waste sludges contained
for off-site disposal
cooling towers for
cooling water
waste oil and waste
solvents contained for
off-site disposal , pH
adjustment







solvent recharge or
waste solvent contain-
ment, oil ^epamtoUT—
pH adjustment, solids
sedimentation, waste
sluayes hauled off-3lte
:oo1ing towers for *
:ooling water




•


7  of 14

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
2051


	



2642
2643
2640
2653
2655

	

2879

	 —

	






PROCESS
Paint, Varnish. Lacquers
Enamels Mfg.
MaoufaciuttiLJ>f_j>£Qducl_fj:Qin
res i ns-.-pAgmeDts . aod_p.cganj«
compounds hy hafrh mixing
nnpratinn.


Paper and Pulp Fabricated
Materials Mfg. of:
- Envelopes
- Bags
- Stationery & Tablets
- Boxes
- Fiber cans, tubes, drums
by cutting, glueing, &
printing.


Pesticides
Eonnu 1 a t j on_aod_pnepa cat ion
of ready to use household
pest control chemicals, i.e.
insecticides, fungicides *
herbicides, from organic *
metal to-organic substances.







Industrial
Category
Paint and
Ink Mfg.






Pulp and
Paper Mills




*




Pesticides













Suspected Process
Effluent Sources
washwater from vats,
mixers, cooling water
from ball mills, floor-
drains, lab sinks








'




-

non-contact cooling
water, washwater. from
floor spills, equip-
ment cleaning, lab
sinks









Pollutants
organics (acids, alde-
hydes, phenol ics, alco-
hols, acids, oils)
Heavy metals, inorganic
pigments , pH



pH, BOD. organics







-


chlorinated hydro-
carbons LTSSj pllj heavy
metals (esp. Hg, Cu,
Cd, As, CH-), COD,
phenols, temperature









Suggested
Pretreatment
waste solvent contain-
ment or solvent rechargi
separation . dissolved
air flotation,
filtration, pH adjust-
ment


neutralization,
biological treatment,
waste solvent recnarge
or containment







biological oxidafcion}
incineration, filtratioi
pil adjustment, metal
separation, cooling
towers for cooling
water
t







8  of 1

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
291L
2951










2034
2031
2833






	
•









PROCESS
PptrnffMim Refining
Paving Mixtures and Blocks
Production of gasoline,
kerosene and other products
from crude petroleum through
straight distillation of
crude oil, redistillation,
cracking or other processes;
mfq. of asphalt and tar pav-
ina mixtures.


Pharmaceuticals
Mfg. - Fabricating and
processing drugs in pharma-
ceutical preparations for
human or veterinary use in
the form of ampuls, tablets,
capsules »_. vial s .ointments .
etc, by fermentation, bio-
logical and natural extract-
Ion and chemical synthesis.


•••








Industrial
Category
P.ettQleum 	
Refining 	









Pharma-
ceuticals



















Suspected Process
Effluent Sources
cooling water from
reactors, tloordrains,
lab sinks









washwater from floor
spills and equipment
cleaning, lab sinks


















Pollutants
pH, organic wastes.
TSS. HOD. heavv metals
(incl. Cr, Cr+6), sul.
fides, oil and grease,
COD



*



organicsA pHL phenol ^
cyanide, TSS, BOD, COO,
heavy metals

,
















Suggested
Pretreatment
biQlogicaJ_and chemical
oxidation, heavy metal
separation, orqanics
separation, solvent
recharge, oil skimming,
pH adjustment, .yaste
sludges contained for
off-site disposal




pH adjustment,
solvent recovery, Cir
(lest ruction, biological
treatment t heavy metals
PPJla sludge wastes
contained















9  of  VA

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
3061







_2821
_2B22
	
	



-JZfi.4



	

	


PROCESS
Photographic Equipment &
Supplies
Mfa, of photographic
apparatus, equipment, parts
_sensitlzed_film,_pjper_, 	
cloth, and plates.


Plastic & Synthetic Material
_Synthet1c Rubber
Mfg. of synthetic resins.
plastic materials. . non-
_yukan:Lzable_c_laii omens 	
synthetic rubber by poly-
_mer.1zatJorL_and_copaLyjnetL=_
Cation and wood pulp process
Ing.


porcelain Enameling
Processes similar to coil
coating, and metal forming
industries.

«•








Industrial
Category
Photogra-
1c Equip-
ment Sup-?
plies




Plastics &
Synthetic
Materials








Porcelain
Enameling












Suspected Process
Effluent Sources
plate rinse, sinks
dark rooms, film
processors





cooling water, floor-
drainSj lab sinks,
solvent containers,
mixing vats





-
^.
See Coil Coating

i











Pollutants
heavy metals, pH
organics . Ag






organlcs. pll, oil and
grease , temperature






-


See Coil Coating













Suggested
Pretreatment
neutralization
hazardous wastes con-
tained for off-site
disposal, silver
recovery unit, pli
adjustment


pH adjustment,
waste oil tank, waste
organics contained for
off-site disposal,
cooling towers for
cooling water





See Coil Coating













10  of

-------
SUGGESTED PRETREATMENT METHODS FOR REGULATED INDUSTRIAL POLLUTANTS
SIC
CODE
_4911


	


•«BMBM_-
2751

2752
2753
2782









2893

PROCESS
power Plants - Steam
Electric
Generation, transmission
and/or distribution of
jeJectdC-.enecgy_f.o_r_SiiLe 	
which results from steam
produced by utilizing fossil
fuels (oil . gas. coal) or
nuclear fuel.


Printing (Commercial)
Commercial Letterpress and
Screen
Commercial Lithographic
Engraving & Plate Printing
Blankbooks, Looseleaf
Binders
Establishments engaged in
letterpress and screen
printing ; lithographic
process; engraving and
etching steel, copper, wood
and rubber plates; mfg. of
blankbooks, looseleaf bind-
ers and devices.

Printing Ink - Mfg. of
oil-base printing ink,
__gravure ink, screen process
and lithographic ink.


Industrial
Category
Steam
Electric
Power
Plants







Printers















Paint &
Ink Mfg.




Suspected Process
Effluent Sources
wet scrubber discharge
ion exchange wastes,
lab sinks, boiler
blowdown, cooling tower
blowdown, chemical
metal cleaning wastes,
floordrains




sinks, floordrains,
film processors,
work area drains













cleaning solvent sinks
floordrains




Pollutants
heavy metals, pH,
PCB's, TSS, oil and
grease , temperature








Silver, pH, oil and
grease, organics,
heavy metals


_










heavy metals, organics
pentachlorophenol




Suggested
Pretreatment
heavy metals ppt ,
solids separation, oil
skimming, pH adjust-
ment, hazardous wastes
and sludges contained
for off-site disposal ,
cooling towers for
cooling water



Sliver Recovery^ pH
adj