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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