United States Environmental Office of Water Protection Agency Enforcement and Permits Office of Water Washington, DC 20460 (EN-335) PRETREATMENT BULLETIN Date; July 1, 1988 \ NO. 4 Pretreatment Bulletins, this being the fourth to date, are issued on an as-needed basis to transmit policy, guidance, regulatory changes and other specific information to all pretreatment POTWs to assist them in the development, implementation, and enforcement of local pretreatment programs. REGULATORY UPDATE SLUDGE The 1987 amendments to the Clean Water Act (CWA) require that permits REGULATIONS issued to treatment works contain sludge standards. EPA expects to propose technical standards for pollutants of concern in sludge in the Fall of 1988, at 40 CFR Part 503. On March 9, 1988, EPA proposed regulations for incorporating sludge standards into NPDES permits and for developing approvable State sludge permitting programs (53 FR 7642). These regulations are scheduled to be promulgated in the Spring of 1989. The 1987 CWA amendments also state that, prior to development of the Part 503 technical standards, the Administrator must put sludge conditions in permits issued to POTWs or take other appropriate action to protect public health and the environment. To implement this requirement, EPA has developed a "Strategy for Interim Implementation of Sludge Requirements in Permits Issued to POTWs". Notice of availability of this document for public comment was published in the Federal Register on May 31, 1988 (53 FR 19817). The comment period closes August 1, 1988. In addition, EPA has prepared a second draft of guidance to permit writers on developing interim, "best professional judgment" permit conditions for sludge entitled "Guidance for Writing Case-by-Case Requirements for Municipal Sludge". Anyone interested in obtaining a copy should contact Tom Wall at (202) 475-9515. ------- ------- (2) FDF VARIANCES The fundamentally different factors (FDF) variance provides for relief FOR INDIREL’r fran the application of a nationally-applicable categorical pretreatment DISCHPJ ERS standard as it applies to an existing industrial user if the facility is fundamentally different from what EPA considered in establishing the standard. FDF variances are available from pretreatment standards for existing sources (PSES) for conventional, nonconventional, and toxic pollutants. Alternative limitations are established to the extent of the fundamental difference. EPA is aware of 53 FDF variance requests fran indirect dischargers other than Organic Chemicals facilities; of these requests, there have been no approvals, 45 denials or withdrawals, and there are 8 pending requests. The substantive and procedural criteria for evaluation of FDF variance requests f ran indirect dischargers are contained in section 301(n) of the Clean Water PkCt and, to the extent the regulations are not inconsistent with the statute, in 40 CFR §403.13. The Regional drninistrator has been delegated the decision raking authority in EPA for FDF variances, subject to the concurrence of the Director, Office of ter Enforceient and Permits for those requests determined to be nationally significant. The effluent guidelines and categorical pretreatment standards for the organic chemicals, plastics and synthetic fibers (OCPSF) industrial category re issued on Novei er 5, 1987. FDF variance requests for OCPSF facilities n .ist have been submitted no later than May 3, 1988 (180 days from date of publication in the Federal Register ) or within 30 days after issuance of a categorical, determination (if that ..iould result in a later deadline). EPA Regions should submit each OCPSF FDF variance request to the Permits Division at EPA Headquarters for a determination of national significance upon receipt of the request. EPA is aware of 17 individual F’DF variance requests fran indirect dischargers covered by the CXPSF standards. EPA has also received two generic organic chemicals FDF variance requests sutinitted by PCIIWs which cover 33 industrial users, including six industrial users who also sutinittecl individual requests. For further information on FDF variance requests, contact Gary Hudiburgh at (202) 475-9531. CATEGORICAL STANDARDS UPDATE PRE-1977 During the National Pretreatment Coordinators Meeting in Philadelphia, CATEGORICAL PA in January 1988, concern was raised by a representative of one of PR FREAThENT the States in attendance regarding the status of pre—1977 pretreatment STANDARDS standards; These regulations (including Rubber Manufacturing, Asbestos, etc.) contain requirements that: (1) reference 40 CFR Part 403 and/or Part 128; (2) require zero discharge; (3) regulate conventional, nonconventional, and toxic pollutants; or (4) state “no limitation”. EPA is assessing all of these categories and will be issuing a n r — randum on which, if any, standards EPA intends to revoke or rrcxUfy, and what action is needed to guide lUs to achieve compliance with these regulatory requirements. EPA intends to provide you with a detailed up5ate on this activity by August 1988. For further information on pre—1977 categorical pretreatment standards, contact Lee Okster at (202) 475—9511. ------- (3) 0 March 21, 1988, EPA ax ended the Leather Tanning and Finishing categorical pretreatrr nt standards (53 FR 9176). The air ndrrents consisted of t’ changes to the pretreatxrent standards for existing sources (PSES): 1) for Subpart C- Hair Save or Pulp 1 Non-Chrare Tan, Retan-Wet Finish Subcategory, the pH limit was changed fran “7.0 to 10.0” to “Not less than 7.0’. 2) the small tannery ex itption for chrciiuum in subparts: A- Hair Pulp, thrare Tan, Petan-Wet Finish C- Hair Save or Pulp, Non-thrare Tan, Retan-Wet Finish I- Retan-Wet Finish- Splits previaisly referenced a specified number of hides/splits per day, a weight of hides/splits per year, as well as the number of rking days per year underlying the specified hide and split exemption criteria. EPA has no i deleted all reference to the annual weight basis and number of &rking days per year —— the exemption is n strictly based on the number of hides/splits per day. EPA has taken several steps to insure the implerrentation of the OCPSF categorical pretreat rent standard. EPA Regions were provided with a listing of the 393 knci n OCPSF industrial users, the industrLal users were provided with a copy of the regulations and a brief surm ry of their requirements under the General Pretreatmant Regulations, and instructed to contact their Control Authority. Please use the docurrent request sheet at the bad of this bulletin if you need, but did r t receive , a copy of the materials sent to the OCPSF industrial users. Of mnrethate importance for Control Authorities is insuring that Baseline Monitoring Reports for the OCPSF industry were submitted by June 20, 1988. In addition, if you are addressing a relatively n facility, you should be aware that an OCPSF industrial user is subject to Pretreatnent Standards for Ne Sources if construction cormenced after March 21, 1983. (Note, ne sources irust carply upon carrrencerrent of discharge. ) As stated in the General Pretreatxrent Regulations, the ne . i source definition is based on the proposal date of the categorical pretreatrrent standard. For further information on the above referenced materials, contact Karen Gray at (202) 382—4373. Several categorical standards provide allo iances for pollutants in isolated wastestreams: Categorical Standard Pollutant(s ) For ccrLpliance ncnitoring, such wastestreams must be isolated and rronitored separately. Alternatively, if they ccxrrbine with other waste— streams (prior to rrcni.toring) these limits must be adjusted. For combined wastestreams, the categorical a1bor iance is adjusted by multiplying the categorical limit tines the category “isolated pollutant” bearing waste— stream floe rate divided by the category flaw rate. After this adjustrrerrt, the combined wastestreain formula or flo r weighted average (as appropriate) can be used to address the category wastestream mixing with other regulated unregulated, and dilution wastestreams. Where rn ss per day alloArances are desired, concentrations are multiplied by the appropriate flog rate. LEATHER TANNING AND FINISHING N4FN T O 3ANIC CHE?IICALS, PLASTICS, AND SYNTHETIC FIBERS (CxPSF) CATE ORI CAL REY UIRE 4 TS FOR ISDLATED WPS ESTREANS - Organic Chemicals, Plastics and Synthetic Fibers — Metal Finishing - Pharmaceuticals Manufacturing - Cyanide and Metals (Lead and Zinc) - Cyanide (or Cyanide A) - Cyanide ------- - (4) TRAINtNG PRE FRE ThENT Under a grant frcn EPA’s Office of Water Enforc nt and Permits, the FACILITY California State University, Sacranlento, School of Engineering, in INSPEL’rIC cocperation with the Industrial and Hazardous Waste Car,nittee of the FIELD-STUDY California Water Pollution Control Association, has deve1cç ed the TRAINING Pretreat nt Facility Inspection Field-Study Training Program . This P DGRZ M self—study training course allo. s the individual to progress at his or her n pace and to study the material when and where they prefer. Co uter answer sheets are sent to the University for grading and remarks. The training program may also be used in the classroczn, and for in—house or on—the—job training. Nine Continuing F ucation Units and six University Serr ster Credits may be earned. The suppDrt staff at the University is available to answer any questions regarding this program. The course outline follo s: PRETREATMENT FACILITY IN$PECTlof Cows. OvtiIn CMAPTU TOPIC 1 THE PRETREATMENT FACIlITY INSPECTOR Pi ici , S Kwok, Depanins,u of WIW Pofkjbon Conuol, City of San Joss 2 DEVELOPMENT AND APPLICATION OF REGULATIONS Eddis Estin , Sanitibon Dlstncts of LA County 3 INSPECTION OF A tYPICAl. INDUSTRY Oil Garrrt. Sanitation OlaIncti of LA County 4 SAFETY IN PRETREAT).IENT INSPECTiON WORK K b Sthott. Union Sanitary Dtsvict Frsmoni, California 5 SAUPUNG PROCEDURES FOR WASTEWATER S tt Austin, Sanitation DisOicti of LA County • WASTEWATER FLOW MONITORING Phd Uarlyn, Lory E. RIslç. and Rotisti N Wionki Indusv j Wuta Ssctlon Sanitation OlsO,cts of LA County 7 INOUSTRIA . , WASTEWATERS Richard von 1ani j.n arid MaIw Talsbf IndutVilJ Wait. Pvogrsrn O . County Sanftadon OfsV ti $ PR E i 47 TE O y (SOURcE CONTROL) Douglas K. Ostitsad. MicItasi C La.. and Rch&ti 0. W aon, n jsviaI Ssrvtc.s Grct . Sdy/Jcnks/Citaton, I 9 INOUSTRLAI INSPECTiON PROCEDURES 0 1$ Qirro . Sanitation Dlstitti of LA County 10 EMERGENCy RESPONSE Oft Gstrsti. Sardtat ion Olaatct, of LA Co.,t y 11 PRETREATMENT PROGRAa, ADMINISTRATiON Jay krstnmr, b j th& Wait. S.cdcn SaiUIati . Otasicts of LA County A E U F Ezam How ti SoNs Pvsfre nt Qot1jon kta w p .chon Wont. ( os. The cxiirse will be available beginning July 1, 1988. Estimated cost. for the manual is $30, plus an additional $30 to enroll in the self—study course. Information regarding enrol].nent, cost, etc. may be obtained by writing or phoning: [ Yr. Kenneth Kern Office of Water Prograns California State University, Sacransnto 6000 J Street Sacranento, California 95819—2694 (916) 278—6142 ------- (5) POIE TRAINING In January 1988, a copy of the Pretreatn nt CczTpliance Monitorir j MATERIP LS AND and forc rent Training Course Instructor S Manual (PCME) was sent flRKSHOPS to each EPA Regional Office. The training course features four major topic areas or nodules, each of which stands alone: - Overview of Significant Concepts of the 1 4E - Ca liance Monitoring and Inspection Training - Reporting Procedures - Enforc nt Strategies A workshop covering all four nodules can norir lly be conducted in one thy. If all of the practical exercises accc panying the material are utilized, a day and one—half is required. PO’IWs are encouraged to contact their State or EPA Region if interested in P0€ training. LOCAL LIMITS In April 1988, EPA began sponsoring workshops on the developiient and ORKSHOPS irrplezrentation of local, discharge limitations under the pretreatmant program. The one day workshops address: - collection of data for local limits develo ent - develo rent of maximum allo. iable headworks loath ngs - allocation of rraximumn allowable headworks loadings - local limits developrrent to address ol1ection system concerns — application of local limits PO1:Ws are encouraged to contact their State or EPA Region if interested in local limits develoç nt and inplen ntation training. GUIDANCE GUIDANCE FOR In Pretreatn nt. Bulletin No. 3 (Nov nber 6, 1987), EPA indicated the DEVELOPING Guidance Manual for Developing Industrial User Permits was scheduled 1N1)JSTRIAL Eor publication in late 1987. This guidance manual is currently USER PERMITS scheduled for publication in the Fall of 1988, and will be sent to all pretreatmant POIWs and States directly when available. In addition, those individuals who requested copies of the guidance by returning the docuirent request sheet in the back of Bulletin NO. 3 will be sent their copy when available. SUPERFUND If you manage a PCYIW and you receive a request to accept waste from WASTE AND a Superfund site, hci do you decide whether to accept the waste ? PCY IWS What factors should you consider when you receive such a request ? This article provides the P01W operator with saie general principles to consider when deciding whether to accept Superfund waste. waste received by the P01W must satisfy all Federal, State, and local pretreatn nt requiremants. These pretreatr nt regu1r ents apply to Superfund waste regardless of origin of the waste, regardless of the contents of the waste, and regardless of the mathod for receiving the waste. Therefore, a waste that is not treated as it passes through the P01W and causes a violation of the PO’IWs NPDES permit would vLolate the prohibition on pass through at 40 CFR 403.5. Similarly, waste that. interferes with the treatn nt process at the P01W causing a violation of the PGP?Js NPDES permit would violate the prthibition on interference at 40 CFR 403.5. (continued on next page) ------- (6) SUPERFUND Tb determine whether a Superfund waste could cause violations of your WASTE AND NPDES permit, you nn.ist kno. what pollutants are in the waste and the Poiws (con’t) fate of the pollutants in the treatn nt process. A P(Yfl J should evaluate the potential affects of a Superfund waste on the quality of sludge generated at the P01W. The Superfund waste could foreclose a P0’IWs options for marketing or disposing of its sludge. FurtheriTore, the Superfund waste may cause the sludge to maet the definition of a hazardous waste under RCRA. If the sludge is hazardous, then the P01W would be required to find a qualified I RA facility to treat, store, or dispose of the PO’IWs sludge. If the Superfund waste is also a hazardous waste, and is delivered to the P01W by truck, rail, or dedicated pipe, then the P01W rru.ist obtain a RCRA permit-by-rule. Waste fran a Superfund site is not necessarily a hazardous waste. Only if the waste rreets the definition of hazardous waste at 40 CFR 261.3 is the waste hazardous. (If the waste is received via the sewer system, then the da stic sewage exemption applies to the waste and the requirerrents of PA do not apply, but pretreatnent. requirerrents do apply to waste received via the sewer system.) A permit-by—rule is a streamlined RCRA permit. but includes corrective action, a potentially costly and tirre— consuming requirenent. The decision whether to accept waste fran a Superfund site must be made on a case—by-case basis. Only by knc ang the contents of the waste and the requirenents that apply to the waste, can a P01W make a technically sound and legally correct decision. NEW NPDES In the past, a P01W seeking an NPDES permit to discharge wastewater fran FORM 2a their facility would car lete a Standard Form A, a Short Form A, or the State equivalent of these forms. The Standard Form A and the Short Form A were originally designed in 1973. The Agency has nc begun devekprent of NPDES application requirerrents for P0I’Ws and is revising the Standard and Short Forms A into a new Form 2a. The revised application form will be used by all municipal dischargers. This form incorporates NPDES requirenents proposed under the municipal sludge program at 40 CFR 122.21(c) (ii) and the proposed arrendnents to irrpleirent the recczmendations under the E iestic Sewage Study at 40 CFR 122.21(i). No projected conpletion date has been defined for the application requirezrents or the form. Major changes to the form include the addition of new sections on toxicity testing, and sludge managerrent and con osition. The pretreat- trent section has been expanded to include nore information on industrial users and local limits program evaluations. To reduce the burden on the applicant, many questions fran the old forms have been deleted. An effort is being made to eliminate duplication or reported and unnecessary data. An examination of Discharge Moru.toring Reports, Annual Reports, and other record keeping requirertents Of POThJs was conducted to evaluate the usefulness of information contained in these reports to the permit writer. The forerrost Agency goal is to create application requirements and a revised form that can be easily understood and car pleted by the applicant while collecting sufficient information for the permit writer to issue a technically sound and enforceable pernut. For rrore information, contact Al ColLins at (202) 475—9517. ------- (7) INFORMATION TRACKING SYS ’rEMS/SOFT JARE DEVELOPMfl T PP RENIMENT EPA Regions and States were required to begin entering pretreatment PERMITS AND related data into the Pretreatment Permits and Enforcement Tracking FO} .EME T System (PPETs) on January 4, 1988. This cci-tputerized data tracking TRACKING system, developed as a sutpart of the Permit Ccmpliance System (FCS), SYSTEM was created for the use of States, EPA Regions, and EPA Headquarters as a tool to assist in the oversight of approved local pretreatment programs. Pretreatment canpliance inspections, audits, and periodic (annual or nore frequent) reports from control authorities (CA’s) are the primary sources of the data in Pp rs. PPETS will enable EPA Regions and States to nore easily: (1) track the progress over time of individual CA’s in their efforts to implement approved pretreatment programs; (2) allo , cc iparison to related reportable noncarpliance (RNC) criteria for a CA’s failure to implement its approved program; (3) identify prime CA candidates for enforcement action; (4) identify specific program areas in which additional guidance or resources are needed; and (5) allc better oversight of CA’s. In addition, PP S will provide EPA Headquarters with sunir ry statistics regarding pretreatment program irrplerrentation based on the rtost recent information available. EPA will inform you of these statistical suimnaries in the future. PPETS consists of fifteen required data elements, plus another fifty optional data elements. The PPETS required data elements include counts of the numbers of significant industrial users (SIUs), categorical industrial users, SIUs in significant nonccz 1iance (SNC), and various enforc nt actions taken by CA’s against SIUs. Most of the PPETS required data elements may be used as indicators fnich relate directly to the specific RNC criteria against which CA’s are evaluated for failure to impl nt. For further information on PPETS, contact Andy Hudocic at (202) 382-7745. G ERAL INFORMATION S111MARI OF On January 24-26, 1988, EPA sponsored the 5th National Pretreatrr nt ATI O NP L Coordinators Meeting. Held this year in Philadelphia, PA, the PRETREAThIENT conference was attended by 109 individuals representing all ten EPA MEETING FOR Regions, EPA Headquarters, 17 (of 25) delegated pretreatment States, APP VAL and 15 non-delegated States. The 32 States in attendance met AUTHORITIES separately for one—half day before the meeting began and presented their vie is to the conference as part of the opening session. Four major themes deve1c ed during the conference: 1) the need for consistent program urplementation from State to State, and Region to Region 2) Regions, States, and Th ’Js should be kept informed with regard to evolving issues, problems, and decisions (continued on next page) ------- (8) SIM’IARY OF 3) States and PCYIWs need n re guidance and training on the application NATIONAL of categorical pretreatment standards, industrial user inspections, PRErREAIME T local limits developrent. and application, industrial user permitting, MEETING FOR and cczpliance nonitoring and enforc ient APPROVAL AUTHORITIES 4) POIWs are under increasing pressure to accept RCRA, CERCLA, and (con’t) underground storage tank wastes. Information and guidance regarding waste characteristics, liabilities, permitting strategies, applic— ability of local limits, etc., is needed to make decisions. A number of potential nechanisms were discussed to address these areas, as welL as a number of other issues raised at the conference, and EPA will assess these reccnurendations in the caning rronths. EPA is already involved in a number of activities that at least partially address partici- pant concerns. First, in order to diss inate program information to all pretreatment P(YIWs, EPA has issued and distributed four bulletins. EPA plans to continue, and hopefully increase, this effort. Second, in the Fall of this fiscal year, EPA will publish guidance to assist PCYIWs in developing industrial user (IU) permits. This project has been delayed, but the guidance will be distributed to all pretreatment PCIIWs when available (see article on page 5 of this buLletin). Third, beginning July 1988, the California State University, Sacramento, will be offering a field-study training program for PO’lW and Approval Authority personnel in conducting IU pretreatment facility inspections (see article on page 4 of this bulletin for further information). Fourth, in April of this year, EPA began sponsoring local limits development orkshops in a number of States (see article on page 5 of this bulletin). EPA plans to conduct these rkshops, which are based on the carprehensive technical guidance scheduled for general distribution later this year, throughout the remainder of 1988 and beyond. Fifth, EPA will continue to conduct Pretreatment Caripliance Monitoring and Enforcement (PalE) rkshops (see article on page 5 of this bulletin). These activities represent the major EPA efforts in the short term. The discussions held in Philadelphia will help direct future pretreatment program initiatives, which EPA will keep pretreatment personnel informed of through this bulletin and other rrechanisms. Page 10 of this bulletin provides pretreatment personnel the opportunity for input regarding all aspects of the program . EPA The following is a list of EPA Regional pretreatment coordinators. If, PRETRENIMENT after first contacting the appropriate State pretreatment office, PCYTWs ot rAcrs need further assistance with program developTent or iirplementation questions or proble-as, please contact the EPA Regional office responsible for your State. REX3IO .L PRETPEATMENT C(X)RDINA’IORS Name Region Phone Jack Stoecker I (617) 565—3492 Ruth Adelnen II (212) 264—2911 John Lovell III (215) 597—6279 Al Herndon IV (404) 347—3973 Dave Rankin V (312) 353—2105 Lee Bohne VI (214) 655—7175 Lee IXivall VII (913) 236—2817 Marshall Fischer VIII (303) 293—1592 Keith Silva IX (415) 974—8298 Bob Robichaud X (206) 442-1448 ------- (9) AVJLABLE The docuxt nts listed on this request form are available on a XJC 14FNTS limited basis fran EPA. To obtain a copy of any of the foll 4ng documents, please provide y i naire and address, check the requested document(s), and return the inforrr tion to: Chuck Prorok U . S. E viroriinenta1 Protection Agencj 401 M Street., SW (E —336) Washington, DC 20460 Nane: Address: PRZREATMEWr BULLE’rINS * ( ) Pretreatment Bulletin No. 1 (Septenber 30, 1985) * ( ) Pretreatment Bulletin No. 2 (March 6, 1987) * ( ) Pretreatment Bulletin No. 3 (Noveirber 6, 1987) CATE(DRICAL STANDAR Guidance Manual for Electroplating and Metal Finishing Pretreatment Standards Guidance Manual for Iron and Steel Manufacturing Pretreatment Standards Guidance Manual for Battery Manufacturing Pretreatment Standards Guidance Manual for Pulp, Paper, and Paperboard and Builders’ Paper and Board Mills Pretreatment Standards Guidance Manual for Leather Tanning and Finishing Pretreatment Standards Merw randum: Irrplementation of the Organic Chemical Pretreatment Standards (Decenber 30, 1987) and materials sent to OCPSF industrial users GENERAL INFORIIATICV * ( ) Guidance Manual for IlTplenenting Total Toxic Organic (Ti’O) Pretreatment Standards * ( ) Guidance Manual for the Use of Production—Based Pretreatment Standards and the Conbined stestream Forrr la * ( ) Met orandum: Local Limits Requirements for P YIW Pretreatment Programe (August 5, 1985) * ( ) Guidance Manual on the Development and Inplementation of Local Discharge Limitations under the Pretreatment Program ( general distribution scheduled for Fall 1988 ) The National Pretreatment Program (Environmental Regulations and Technology document EPA/625/10—86/005, July 1986) * ( ) Guidance Manual for Preventing Interference at POTWs E F Pretreatment Cc*Tpliance Monitoring and Enforcement Guidance (PO1E) * ( ) Guidance for Evaluating and Reporting POTW Nonconpliance R .A * ( ) R(RA Informetion on Hazardous Wastes for I’vIa * ( ) Guidance Manual for the Identification of Hazardous Wastes Delivered to Publicly () ned Treatment Works by Truck, Rail, or Dedicated Pipe SOPl RE PCME Software and user’s Manual PRELIM and User’s Manual (EpA’s computer ntdel for calculating local limits) * These documents have been, or shortly will be, trailed directly to all iw, state, and EPA Regional pretreatment personnel. Due to the limited nunter available, please be sure your office does not already have a copy before making a reguest. ------- (10) PRgrREM? . F This page has been provided for your input on the aspects of the FEEDBA ( Pretreatn nt Program that, in your view, are r t working well, and those that are. We would appreciate hearing fran you. The inforn tion you provide will be assessed ti j EPP for possible program modification and/or increased assistance for local program irrplenen- tation. General Description of Issue: Exarrple: Peaxtrrendation : (Extra sheets n y be attached to identify nultiple issues.) Please send your zm nts to the address listed on the docunent request form on Page 9 of this billetin. ------- |