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        National  Pretreatment
                   Program

                   (40 CFR 403)

      Pretreatment Streamlining Rule
Fact Sheet 3.0: Equivalent Mass Limits for
             Concentration Limits
 Summary
 Who might be
 affected by this
 provision?
             In the Pretreatment Streamlining Rule of October 14,
             2006, EPA finalized a  provision that allows, in limited
             circumstances, the conditional use of equivalent mass
             limits in lieu of concentration-based limits to facilitate
             adoption of water-saving technologies. Industrial users
             whose wastewater discharges are controlled by
             equivalent mass limits have more flexibility to
             implement water conservation, as they may elect to
             control their wastewater discharges through more
             efficient wastewater control technologies and pollution
             prevention practices (i.e., resulting in lower pollutant
             concentrations in the  discharged wastewater) or more
             efficient water conservation practices (e.g., resulting in
             less wastewater volume discharged from an industrial
             operation) or both.

             This provision affects  Pretreatment Programs that
             accept wastes from qualifying indirect dischargers in
             certain industrial categories and that want the
             discretion to express Categorical Industrial Users'
             (Gills') concentration-based categorical Pretreatment
             Standards as equivalent mass limits. The affected
             industrial categories are those that have Pretreatment
             Standards expressed  as concentration limits alone.
             Currently, this includes 14 industrial categories:
                             Inorganic Chemicals (40 CFR 415)
                             Fertilizer Manufacturing (40 CFR 418)
                             Petroleum Refining (40 CFR 419)
                             Steam Electric Power Generating (40 CFR 423)
                             Leather Tanning (40 CFR 425)
                             Glass Manufacturing (40 CFR 426)
                             Rubber Manufacturing (40 CFR 428)
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 How can a CIU
 qualify for an
 equivalent mass
 limit?
   •  Metal Finishing (40 CFR 433)
   •  Pharmaceutical Manufacturing (40 CFR 439)
   •  Transportation Equipment Cleaning (40 CFR 442)
   •  Paving and Roofing Materials (40 CFR 443)
   •  Commercial Hazardous Waste Combustors
      Subcategory of the Waste Combustors Point Source
      Category (40 CFR 444)
   •  Carbon Black Manufacturing (40 CFR 458)
   •  Electrical and  Electronic Components (40 CFR 469).

The provision also affects states that plan to amend
state law to allow POTW Pretreatment Programs the
discretion to set equivalent mass limits.

To qualify for an equivalent mass limit, a CIU must:

* Implement or demonstrate that it will implement
  water conservation measures that "substantially
  reduce" water use. This is intended to encourage
  prospective innovation in water conservation
  methods; there is no precondition that Industrial
  Users have already employed water conservation
  measures.
* Use control and treatment technologies adequate to
  achieve compliance with categorical Pretreatment
  Standards, and demonstrate that it has not used
  dilution as a substitute for treatment. (There are a
  number of ways the Control Authority may evaluate
  whether the CIU is diluting its flows. This evaluation
  can be made by comparing the CIU's product to flow
  ratio relative to that of other facilities within  its
  industry, reviewing historical monitoring reports, or
  comparing  current flows to the flows that are
  assumed as part of the model technology for the
  standard in the Technical Development Document for
  the Effluent Guideline for that industry.)
* Provide monitoring data to establish its actual
  average daily flow rate and its baseline long-term
  average production rate.
t Demonstrate that it does not have daily flow
  rates, production  rates, or pollutant levels that
  fluctuate so significantly that establishing
  equivalent  mass limits would not be appropriate.
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 What constitutes
 a substantial
 reduction in
 water use?
*  Have consistently complied with the applicable
   Categorical Pretreatment Standards. While the
   regulations do not define a set period of
   consistent compliance, the Control Authority
   should evaluate a period of time that is long
   enough to ensure that seasonal violations do not
   occur. The regulations in 40 CFR403.12(o)
   require  that Industrial Users maintain records of
   all information from any monitoring activities for a
   minimum of three years;  EPA recommends that
   these records should be reviewed and considered
   to the extent that they reflect compliance with
   current conditions. It is also important to note
   that "consistent compliance" is a more restrictive
   requirement than "not in SNC," and that EPA
   expects that no Industrial  User found to have
   been in SNC at any time during the previous two
   years would be considered to have achieved
   consistent historical compliance.

The Streamlining Rule does  not specify the amount of
water conservation that should be achieved or that
constitutes a substantial reduction in water use. EPA
notes that several existing programs define thresholds
that the Control Authority may consider for use in this
context. For example:

*  The final rule for the  Pretreatment Community XL
   (XLC) Site-Specific Rulemaking for Steele County, MN
   indicates that the participating Industrial Users
   committed as a group reduce water usage by 10
   percent over the initial 5 year project period.
*  The National Metal Finishing Strategic Goals Program
   promotes a 50 percent water reduction  from each
   participating industrial facility's baseline 1992 water
   usage.
»  In Agency guidance for the Use of Production Based
   Pretreatment Standards and the Combined
   Wastestream Formula (1985), EPA considers a 20
   percent change in flow rate to be a significant change
   in flow rate.
Office of Water
EPA-833-F-06-008
December 2006

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 How are
 equivalent mass
 limits put in
 place?
Once a POTW revises its approved pretreatment
program to allow for mass-based limits, EPA anticipates
that Industrial Users will initiate the process by
requesting that their concentration-based limits be
converted to equivalent mass limits and demonstrating
that they meet the qualifications. Although a CIU may
request an equivalent limit, the Pretreatment Control
Authority has the discretion to decide whether an
equivalent mass limit is appropriate. To approve the
request, the Control Authority must:

t Work with the EPA or state Approval Authority to
  review, and revise as necessary, its Sewer Use
  Ordinance (or equivalent authority), program
  procedures, Enforcement Response Plan, and local
  limits to determine whether changes are needed. (In
  most cases, the  legal authority will require revision.)
* Determine the CIU's actual average daily flow rate.
  Equivalent mass limits must be based on the CIU's
  actual average daily flow rate from the regulated
  processes at the designated sampling location. If
  necessary, the combined wastestream formula must
  be used to account for any flows not regulated by the
  standard. The flow rate used must be representative
  of current operating conditions, and the flows must
  be measured using a continuous effluent flow
  monitor.
* Calculate the equivalent mass limit by multiplying the
  Pretreatment Standard in the regulations (expressed
  as concentration) by the Industrial  User's actual
  average daily flow rate for the regulated processes
  and the appropriate unit conversion factor. For
  example, the unit conversion factor is 8.34 when
  multiplying a concentration limit (expressed as
  milligrams/liter)  by flow (expressed as millions of
  gallons per day). It is important to note that the
  same flow value (the CIU's actual long-term average
  daily flow rate) is used in the calculation of both the
  daily maximum and monthly average equivalent
  mass limits.
t Document how the mass limit calculations were
  derived and make the documents publicly available.
Office of Water
EPA-833-F-06-008
December 2006

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 What is required
 after mass limits
 are in place?
 Can local limits be
 expressed as mass
 based limits?
* Incorporate the equivalent mass limits into the CIU's
  permit (or other equivalent control mechanism). The
  Control Authority should include the four conditions
  listed below in the CIU's permit to clarify the
  requirements for continued use of the equivalent
  mass limits.

After the Control Authority issues a permit (or control
mechanism) with equivalent mass limits, the continued
applicability of the equivalent mass limit depends on the
CIU's continued compliance with certain requirements.
The CIU must:

* Maintain and effectively operate control and
  treatment technologies adequate to achieve
  compliance with  the equivalent mass limits;
* Record the facility's flow rates through the  use of a
  continuous effluent flow monitoring device;
* Continue to record the facility's production  rates and
  notify the Control Authority if the rates vary by more
  than 20 percent  from the production rates used as
  the basis for the equivalent mass limits; and
* Continue to employ the same or comparable water
  conservation  measures which made the facility
  eligible for receiving the equivalent mass limits.

If the CIU does  not meet these  requirements, the CIU's
permit would have  to be revised to require compliance
with the pre-existing concentration-based Pretreatment
Standard.

The ability to establish mass-based local limits was not
affected by the  Pretreatment Streamlining rule. The
POTW chooses its local limits implementation  method
(concentration,  mass, or a combination) during the local
limits determination process and adopts the limits into
its program. For more information on developing local
limits, see Local Limits Development Guidance (July
2004), available at EPA's Pretreatment Web site,
http://www.epa.aov/npdes/pubs/final local limits  quid
ance.pdf

A POTW can allocate and apply  its Maximum Allowable
Industrial Loading (MAIL) to its controllable sources as
mass-based limits.  If a POTW allocates its MAILs on a
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 Where can I get
 more information?
case-by-case basis, it may be easier to apply mass-
based limits to Industrial Users that have the capability
to accurately measure their flows at the designated
sample points. If approved local limits are currently
expressed as concentration-based limits, the POTW
cannot convert the local limits to mass limits without
modifying the approved program, which under certain
circumstances would be a substantial modification (see
40 CFR 403.18(b)(2)). Specific circumstances under
which the reallocation of a MAIL would be a substantial
program  modification are  discussed in a 1997 Federal
Register (see 62 FR 38409 and also 40 CFR
403.18(b)(2)).

The regulations covering equivalent mass for
concentration limits are found in 40 CFR 403.6(c)(5),
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
Additional information is also available from your state
or from EPA.
Office of Water
EPA-833-F-06-008
December 2006

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