I
33
V
National Pretreatment
Program
(40CFR403)
Pretreatment Streamlining Rule
Fact Sheet 7.0: Best Management Practices
Summary
What are BMPs?
When are BMPs
appropriately
used?
Provisions of the Pretreatment Streamlining Rule clarify
that publicly owned treatment works (POTWs) may use
best management practices (BMPs) as an alternative to
numeric limits that are developed to protect the POTW,
water quality, and sewage sludge. In addition, the rule
requires that any applicable BMPs be included in the
user's control mechanism, that self-monitoring reports
include BMP compliance information where applicable,
and that documentation of compliance information for
BMPs be maintained by the POTW and the user.
BMPs are management and operational procedures that
are intended to prevent pollutants from entering a
facility's wastestream or from reaching a discharge point.
BMPs are defined at Title 40 of the Code of Federal
Regulations (CFR) 403.3(e) as schedules of activities,
prohibitions of practices, maintenance procedures, and
other management practices to implement the general
and specific prohibitions listed in sections 403.5(a)(l)
and (b). BMPs also include treatment requirements,
operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage.
BMPs may be Pretreatment Standards in two different
circumstances. The first is when the BMPs are categorical
Pretreatment Standards established by EPA. These are
discussed in more detail below.
The second is when a POTW establishes BMPs as local
limits to implement the general and specific prohibitions.
EPA anticipates that POTWs will choose to use BMPs
instead of numeric limits where determination of
compliance with numeric limits is infeasible or as a
supplement to numeric limits, as appropriate, to meet the
requirements of the Clean Water Act. BMPs may be
appropriate for regulating releases when the types of
Office of Water
EPA-833-F-06-013
January 2007
-------
What elements
should be
included in an
enforceable BMP?
POTWs may
develop and
implement the
use of BMPs in
lieu of numerical
local limits for Ills
pollutants vary greatly over time, when chemical
analyses are impracticable, where discharges are episodic
in nature, and when other discharge control options are
inappropriate (e.g., requirements for photoprocessors to
use silver recovery systems or for dental facilities to
follow BMPs to control mercury). Additional examples of
BMPs used for the control of commercial sources of
wastewater can be found in "Appendix W - Best
Management Practices Mini-Case Studies" of "Local Limits
Development Guidance Appendices," EPA 833-R-04-
002B, July 2004.
(http://www.epa.gov/npdes/pubs/final local limits appendices.pelf)
Enforceable BMPs may include the following elements:
(1) specific notice to IDs of requirements and
enforceability; (2) installation of treatment;
(3) requirements for or prohibitions on certain practices,
activities or discharges; (4) requirements for operation
and maintenance of treatment units; (5) timeframes
associated with key activities; (6) compliance
certification, reporting and records retention;
(7) provision for re-opening or revoking the BMP
conditions; and (8) other requirements as determined by
the POTW. Depending on the industry being controlled,
not all elements may be necessary or appropriate.
Description of change: The final rule clarifies that
POTWs may develop BMPs for industrial users (IDs) in
order to implement the specific limits requirements listed
at 40 CFR 403.5(c)(l-2). Such BMPs are considered local
limits and Pretreatment Standards. POTWs have the
option to use BMPs to regulate IDs at their discretion
(e.g., to regulate noncategorical IDs).
When developing and implementing BMPs, what
actions are required? POTWs must evaluate BMPs
during the technical evaluation of their local limits,
structuring applicable BMPs to allow for compliance
verification. For BMPs to be considered local limits under
40 CFR403.5(c), the practices must protect against Pass
Through and/or Interference.
When implementing BMP requirements for ILJs, the
control authority (CA) must include those requirements,
as necessary, in the ILJ's control mechanism.
Office of Water
EPA-833-F-06-013
January 2007
-------
POTWs must
include BMPs
required by a
categorical
Pretreatment
Standard in the
CIU's control
mechanism
IU reports must
include BMP
compliance
information
Description of required change: The final rule clarifies
at section 403.8(f)(l)(iii)(B)(3) that BMPs required by a
categorical Pretreatment Standard must be included
amongst any necessary effluent limits in the CIU's control
mechanism.
What follow-up actions are required? POTWs must
revise, as necessary, CIU control mechanisms to include
applicable BMPs required by categorical Pretreatment
Standards. Appropriate reporting and recordkeeping
requirements must also be specified in the control
mechanism and compliance information maintained. For
example, facilities may develop toxic organic
management plans in lieu of sampling to demonstrate
compliance with the total toxic organic limit in 40 CFR
Part 433 (Metal Finishing category). The Pesticides
Formulating, Packaging, and
Repackaging (PFPR) regulation provides a pollution
prevention alternative as an option that may be chosen
rather than complying with the "zero discharge"
limitations.
Description of required change: The final rule requires
at sections 403.12(b), (e), and (h) that lUs subject to
BMP requirements as part of their Pretreatment
Standards submit documentation of compliance with such
requirements.
What follow-up actions are required? POTWs must
revise, as necessary, IU control mechanisms to require
lUs to report on compliance with Pretreatment Standards
that include BMP requirements. States and POTWs must
revise their programs to ensure that they have the legal
authority and procedures to enforce this requirement.
The CA must enforce those requirements where lUs fail
to submit the required information. The CA must also
ensure that the BMPs are enforceable, and that its
enforcement response plan addresses violations of BMP
requirements.
Office of Water
EPA-833-F-06-013
January 2007
-------
Documentation
of compliance
with BMP
requirements
must be
maintained as
part of the Ill's
and POTW's
record-keeping
requirements
What steps are
required to
implement these
Streamlining
provisions?
Description of required change: The final rule clarifies
at section 403.12(o) that the POTW and the IU must
maintain records of BMP compliance in the same way that
other records are maintained as part of section
403.12(0).
What follow-up actions are required? POTWs must
notify Ills of this change and revise IU control
mechanisms to require maintaining BMP compliance
records. The POTW must also maintain documentation
associated with BMPs.
Once the POTW has determined what program revisions
it will make in response to the Streamlining Rule, it must
submit the modifications to the Approval Authority (either
the state, if it has Pretreatment Program authority, or the
EPA Regional Administrator) for approval. The program
modifications must include a statement of basis for the
changes, a description of the modifications, and other
information the Approval Authority may request, as
appropriate.
Office of Water
EPA-833-F-06-013
January 2007
------- |