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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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