ACTION CHECKLIST FOR POTWS:
ASSESSING THE NEED TO MODIFY PRETREATMENT PROGRAMS
IN RESPONSE TO DSS AND PIRT
Attached is a checklist for POTWs to use in determining action
items which may be needed to implement the DSS regulations /issued
on July 24, 1990 (55 FR 30082}. The checklist also includes items
to implement the PIRT regulations (promulgated on January 17, 1988)
so that POTWs which have not yet modified their programs in
accordance with those regulations may do so in conjunction with
modifications to implement DSS. The items involve changes to
approved pretreatment programs and to POTWs NPDES application
requirements. Also attached is a brief description of procedures
to be followed in amending approved pretreatment programs. It
should be remembered that the regulations themselves are relatively
brief, and are contained on pp. 30128-30131 of the Federal Register
notice. The remainder of the notice comprises background and
responses to public comments. Pretreatment Bulletin Issue No. 8
also describes guidance and other technical assistance available
to POTWs to. implement pretreatment program requirements.
We anticipate that most pretreatment POTWs will already have
the legal authority to carry out most of the items on the
checklist. However, some POTWs may not have the authority to issue
permits or equivalent individual control mechanisms to their
significant industrial users (SIUs) as required by the DSS rule,
or they may not have the penalty authority required by the PIRT
regulations. In those cases, the POTW must obtain such authority
before these requirements can be effectively implemented. Other
provisions of the DSS rule may require ordinance changes for some
POTWs (i.e., the changes to the specific discharge prohibitions).
As a reminder, the DSS and PIRT regulations contain only the
minimum federal requirements; POTWs may, pursuant to local
authorities, establish more stringent requirements than any of the
provisions contained in the general pretreatment regulations.
Many of the provisions of the DSS rule pertain to "significant
industrial users". The criteria for classification have been out
in guidance for several years and are now codified in the general
pretreatment regulations. They are:
o Any industrial user (IU) subject to categorical standards;
o Any noncategorical industrial IU that discharges 25^000
gallons per day or more of process wastewater to the POTW or any
IU that contributes a process wastestream which makes up five
percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant;
o Any IU designated as significant by the Control Authority on
the basis that the IU has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement.
Printed on Recycled Paper
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ACTION CHECKLIST FOR POTWS
ACTION ITEMS
NPDES Application Requirements (DSS)
Toxicity testing results. For protocols, consult the permitting authority.
Written technical evaluation of thejieed to revise local limits
Local Limits (PIRT)
Technically based local limits or demonstration that they are not necessary
Specific Prohibitions (Ordinance)(DSS)
Wastestreams with a closed cup flashpoint of less than 140°F
Pollutants causing toxic gases, vapors, and fumes (worker health and safety)
through or interference
Trucked and hauled waste (designation of discharge points)
Application of Pretreatment Standards (PIRT)
The combined wastestream formula is properly applied
Procedures for net/gross determination
Slug Control (DSS)
Evaluate SIUs eveiy two years to determine need for slug control plans
Do plans contain the following elements?
Description of discharge practices and stored chemicals
Notify the POTW of slug discharges and for followup written notification within 5 days
If necessary, procedures to prevent adverse impact from accidental spills
Slug Control (PIRT)
Require IU notification for loadings that potentially would violate the prohibited discharge standards
Individual Control Mechanisms (DSS)
Issued to all SIUs
Do they contain the following elements?
Statements of duration and non-transferability
Effluent limits
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements
Statement of civil and criminal penalties and any compliance schedules
n) in amounts causing pass
tandards and requirements
i within 5 days
Jd discharge standards
urements
40 CFR Citation
122.2J 0X1-3)
122.21(j)(4)
403.8(f)(4)
403.5(b)(l)
403.5(b)(7)
403.5(b)(6)
403.5(b)(8)
403.6(d)
403.6(e)
403.15
403.8(f)(2)(v)
403.8(f)(2)(v)
403.8(0(2)(v)(A)-(B)
403.8(f)(2)(v)(C)
403.8(f)(2Xv)(D)
403.12(0
403.8(0(l)(iii)
403.8(0(D(iii)(A)-(B)
403.8(0(l)(iii)(C)
403.8(0(l)(iii)(D)
403.8(f)(l)(iii)(E)
YES
,
NO
•
*
PARTIAL
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ACTION CHECKLIST, p.
ACTION ITEMS
IU Hazardous Waste Notification (DSS)
Review of submitted notifications to determine which lUs to contact for more information
SIU Self-Monitoring (PIRT)
Sampling techniques for categoricals revised
Sampling for all SIUs for periodic reports must be performed during the penod covered by the report
Extra sampling data from categorical SIUs must be included in periodic reports
Categorical SIUs must report all violations within 24 hours and resample within 30 days
90-day report requirements same as for BMR
Revised signatory requirements for categorical SIUs
SIU Self-Monitoring (OSS)
Procedures for reviewing twice-yearly non-categorical SIU reports
Changed Discharge (PIRT and DSS)
All users must notify POTW of changed discharge, including change in hazardous waste discharges
New Sources (PIRT)
Revised new source definition
Require new source compliance within 90 days
BMRs submitted 90 days prior to discharge
POTW Compliance Monitoring and Enforcement (DSS)
POTW inspection and sampling of all SIUs once a year
Does the POTW have an enforcement response plan that contains the following procedures
Description of investigation of IU noncompliance
Description of escalation enforcement responses and time penods for these responses
Identification of officials responsible for each type of response
Reflection of POTW's primary responsibility for enforcement of pretreatment requirements
Remedies (PIRT)
Authority to assess civil or criminal penalties of at least $1,000 per day per violation
Annual Report (PIRT)
Do annual reports to the Approval Authority contain the following elements?
Updated list of lUs
Summary of IU compliance status
Summary of POTW compliance and enforcement activities
Other relevant information requested by the Control Authority
40 CFR Citation
403.12
403.12(b)(5)
403.12(g)(3)&(h)
403.12(g)(5)
403.12(g)(2)
403.12(d)
430.12(1)
403.12(h)
403.120
403.300
403.6(b)
403.12(b)
403.8(0(2)(v)
403.8(0(5)
403.8(0(5X0
403.8(0(5)00
403.8(0(5)(iii)
403.8(0(5)(iv)
403.8(Od)(vi)(A)
403.12(d)
YES
NO
PARTIAL
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PROGRAM MODIFICATIONS
The PIRT rule contained requirements for approval of POTW
program modifications, which are found in 40 CFR 403.18. Most
POTWs will have to modify their approved programs to conform to the
changes required by the PIRT and DSS regulations. There are two
types of program modifications: substantial and non-substantial.
Both trigger the minor NPDES permit modification requirements of
40 CFR 122.63. POTWs are encouraged to discuss all program
modifications with their Approval Authority.
Substantial Program Modifications
Substantial program modifications include all those identified
in 40 CFR 403.18(c)(l)-(3). These are:
o Changes to the POTW's legal authorities, control mechanisms,
or confidentiality procedures;
o Less stringent local limits;
o Changes in the POTW's method of implementing
categorical standards;
o Decrease in the frequency of self-monitoring or reporting
required of industrial users;
o Decrease in the frequency of industrial user inspections or
samplings by the POTW;
o Significant reductions in pretreatment program resources;
o Changes to sludge disposal and management practices;
o Any other program modification that causes a substantial
impact on program operations, an increase in pollutant
loadings at the POTW, or less stringent requirements for
industrial users.
For substantial modifications, the POTW must submit to the
Approval Authority a statement of the basis for the desired
modification, a modified program description, or such other
documents the Approval Authority requires. The Approval Authority
will follow the program approval procedures, including public
notice of the submitted modification(s), of 40 CFR 403.11.
Substantial modifications become effective upon approval. Notice
of approval must also be published in the same newspaper as the
notice of request for approval.
Non-substantial Program Modifications
The POTW must notify the Approval Authority of non-
substantial modifications at least 30 days before they are to be
implemented by the POTW. The POTW must submit a statement similar
to that required for substantial modifications. Non-substantial
program modifications are deemed to be approved by the Approval
Authority unless the Approval Authority determines that the
submitted modification is in fact a substantial modification within
90 days of the submission. If the Approval Authority determines
that the modification is a substantial modification, the POTW must
resubmit the modification as a substantial modification.
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