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             National Pretreatment
                        Program

                        (40 CFR 403)

           Pretreatment Streamlining Rule
Fact Sheet 5.0: New Classifications  for Categorical
                     Industrial Users
 Summary
 Who might be
 affected by these
 provisions?
 What is a CIU and
 what are its
 requirements?
                     EPA finalized several revisions to the General
                     Pretreatment Regulations as part of the Streamlining
                     Rule. One provision allows Control Authorities to
                     reduce certain oversight responsibilities, including
                     permitting, sampling, and inspection requirements for
                     a newly established class of indirect dischargers, the
                     "non-significant categorical Industrial User" (NSCIU).
                     The Rule also allows Control Authorities to reduce the
                     reporting requirements for another new class of
                     indirect dischargers, the "Middle Tier" Categorical
                     Industrial User (CIU). Both provisions are optional
                     (See Fact Sheet 2.0), so neither the state nor the
                     Control Authority  is required to incorporate these
                     changes into its pretreatment program.

                     These provisions may affect local pretreatment
                     programs that accept wastes from indirect dischargers
                     eligible for the NSCIU and/or the Middle Tier CIU
                     categories. Local programs that choose not to
                     implement these provisions would not be affected.

                     These provisions also potentially affect qualifying CIUs
                     as well as states that plan to amend state law to allow
                     local pretreatment programs discretion to authorize
                     this type of CIU oversight. CIUs that are located  in
                     States or in publicly owned treatment works (POTW)
                     service areas that choose not to implement these
                     provisions will not be affected.

                     CIUs are Industrial Users that are subject to
                     categorical Pretreatment Standards  under 40 CFR
                     403.6 and 40 CFR chapter I, subchapter N. If an
                     Industrial User qualifies as a CIU, it  is then, under the
                     General Pretreatment Regulations, a Significant
Office of Water
EPA833-F-06-011
July 2006

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 What is an
 NSCIU?
 What is a Middle
 Tier CIU?
Industrial User (SIU). Each CIU, because it is an SIU,
must file a baseline monitoring report, must  report to
the Control Authority sampling data a minimum of two
times a year, must be issued a permit or similar
control mechanism, and must be inspected and
sampled annually by the Control Authority. These
requirements maybe modified if a CIU is reclassified
by the Control Authority as an NSCIU or Middle Tier
CIU.

An NSCIU  is  a CIU designated by the Control Authority
as "non-significant." To qualify as an NSCIU, the CIU
must never discharge more than 100 gallons per day
(gpd) of total categorical wastewater (excluding
sanitary, non-contact cooling, and boiler blowdown
wastewater,  unless specifically included in the
categorical Pretreatment Standard). The CIU must
also:
   Have consistently complied with all applicable
   Pretreatment Standards;
   Annually submit a certification statement (40 CFR
   403.12(q)); and
   Never discharge any untreated concentrated
   wastewater.

A CIU may be designated by the Control Authority as
a Middle Tier CIU if its discharge of categorical
wastewater does not exceed the following:
   0.01 percent of the design dry weather hydraulic
   capacity of the POTW, or 5,000 gpd, whichever  is
   smaller;
   0.01 percent of the design dry weather organic
   treatment capacity of the POTW;  and
   0.01 percent of the maximum allowable headworks
   loading  for any pollutant for which approved local
   limits were developed  by a  POTW.

In order to classify a CIU as a Middle Tier CIU,  the
Control Authority must also demonstrate that the
CIU has not been in significant noncompliance for
any time in the past 2 years and that the reduced
reporting requirements would still result in data
that is representative of conditions occurring at the
facility and in the discharge during the reporting
period.
Office of Water
EPA833-F-06-011
July 2006

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 Are control
 mechanisms
 required for
 NSCIUs and
 "Middle Tier"
 CIUs?
 What are the
 reporting,
 inspection, and
 sampling
 requirements for
 NSCIUs and
 Middle Tier CIUs?
An indirect discharger that has been designated a
NSCIU by its Control Authority is no longer an SIU, so
there is no requirement to control it through a permit
or other control mechanism. But, if the Control
Authority determines that an existing NSCIU no longer
meets a required criterion for being categorized as
non-significant (see section above), the User becomes
an SIU and must be  issued a control mechanism. Of
course, the Control Authority always has the option of
issuing a control mechanism to a non-SIU.

A Middle Tier CIU is still an SIU. Control Authorities
must issue control mechanisms to CIUs in the Middle
Tier category.

NSCIUs
  The Control Authority may reduce sampling and
  reporting requirements for an NSCIU as it deems
  appropriate, but the facility must annually report
  and certify that it  still meets the definition of an
  NSCIU, including that it complied with the
  applicable categorical Pretreatment Standards
  during the reporting period.
  The Control Authority must evaluate, at least once
  per year, whether each NSCIU still meets the non-
  significant criteria in 40 CFR 403.312(i).
  NSCIUs are still categorical dischargers and, as
  such, are still required to comply with applicable
  categorical Pretreatment Standards.

Middle Tier CIUs
  The Control Authority may reduce the submission
  frequency of the required  periodic monitoring report
  for Middle Tier CIUs from a minimum of twice per
  year to a minimum of once per year.
  Reports submitted at this  reduced frequency must
  still be based upon data that are representative of
  the conditions occurring during the entire reporting
  period, consistent with  40 CFR 403.12(g)(3).
  The Control Authority may also reduce its own
  obligation to inspect and sample Middle Tier CIUs
  from once per year to once every two years.
Office of Water
EPA833-F-06-011
July 2006

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 What does the
 Control Authority
 need to do to
 implement these
 provisions?
 Where can I get
 more information?
The Control Authority is not required to adopt these
provisions. If the Control Authority chooses not to
implement these new CIU categories, it does not need
to do anything. However, if the Control Authority
wants to implement these provisions, it must submit a
program modification to the Approval Authority before
it can  implement the new classifications for CIUs.

The regulations covering CIU oversight are found
in 40 CFR403.3(v)(2), 403.8(f)(2)(v), 403.12(6),
(9), (O/ and  (q), which was published in the
Federal Register on October 15, 2005 (70 FR
60134). You can get a copy of the rule at EPA's
Pretreatment web site,
http://cfpub.epa.gov/npdes/home.cfm7proqram  id=3
Information  is also available from your state
environmental agency or from  EPA.  See EPA's web
site at,
httD://cfDub.eDa.QOv/nDdes/contacts.cfm?Droqram id=3&tv
pe=ALL.
Office of Water
EPA833-F-06-011
July 2006

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