State and Federal IPP Regulations Grace Scott Pretreatment Coordinator Water Bureau Disclaimer: The information provided in the following slides is an overview only. The actual rules and regulations should be consulted for complete requirements.

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Part 23 Michigan Rules vs Federal 40 CFR Part 403 In 1983, Michigan received delegation from USEPA to manage and enforce the Industrial Pretreatment Program. 40 CFR Part 403 General Pretreatment Regulations R of the Michigan Administrative Code Code=Single&Admin_Num= &Dpt=EQ&Rng High=

INDUSTRIAL PRETREATMENT PROGRAM R (403.2) prevent discharge of metals, solvents & other pollutants prevent POTW interference/pass- through prevent worker health and safety problems enhance biosolids character

Interference You know it’s going to be a bad day when:

(IPP) Prohibited Discharges R (403.5) Fire or Explosion (Flashpoint <140ºF) Corrosive (pH<5) Block Flow Interference or Pass through Heat (<104ºF at WWTP) Oil Toxic Gases Trucked Wastewater (unless at designated points)

(IPP) Local Limits R (4) Local limits are site specific and environmentally protective of the local conditions Evaluate Ten Pollutants (Minimum) –Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Silver, Zinc and Cyanide – Other Pollutants of Concern Influent, Effluent & Biosolids Sanitary (Background) Other locations as appropriate

When is an IPP required? R (403.8) If > 5MGD design and non-domestic users with potential to cause pass through or interference or categorical industrial user a Federal IPP If <5MGD design and non-domestic users with potential to cause pass through or interference or categorical industrial user a Michigan IPP, unless Federal IPP If a state permit (groundwater) with non-domestic users with potential to cause interference or permit violations or categorical industrial user a Michigan IPP Programs must be developed within one year of written notification

Legal Authority R (403.8) The authority may be contained in: –a statute –ordinance –series of contracts –or interjurisdictional agreements Require compliance with pretreatment standards and requirements Control through permit the contribution to the POTW by each Significant Industrial User (SIU) Require installation of technology to meet standards and requirements, and self monitoring and reporting

Legal Authority (cont.) Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance independent of information supplied by nondomestic users Enforce and seek injunctive relief and penalties Immediately halt (after informal notice) a discharge that may endanger persons, the environment, or threatens to interfere with the operation of the POTW Comply with confidentiality requirements All local units of government that collect wastewater from nondomestic sources, shall be responsible for the development and implementation of an IPP consistent with the POTW’s program

Legal Authority (cont.) Permits Requirements Statement of Duration (not more than 5 yrs.) Statement of nontransferability without prior notification to the POTW and provision of a copy to the new owner or operator Effluent limits based upon applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law. Self monitoring, sampling, reporting, notification and recordkeeping requirements Pollutants to be monitored, sampling location, frequency, and type Criminal and Civil Penalties and any applicable compliance schedule Future streamlining addition: Slug Control Plan Requirement and Notification of Changes which impact spill/slug potential

Procedures R (403.8) Identify and locate all possible nondomestic users that might be subject to the POTW’s IPP Identify the character and volume of pollutants contributed to the POTW Notify nondomestic users identified of applicable pretreatment standards, 204(b) and 405 of the CWA, and subtitles C&D of the Resource Conservation and Recovery Act (except MIPPs don’t have to notify users of RCRA) Within 30 days of the approval of a list of Significant Industrial Users, notify each SIU of its status and all requirements as a result of its status

Procedures (cont.) Receive and analyze self-monitoring reports Randomly sample and analyze the effluent from nondomestic users. Inspect and sample all SIUs at least once per year. Evaluate whether SIU needs a slug control plan every two years (not required for MIPPs) Investigate instances of non-compliance.

Procedures (cont.) Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions Annually public notice nondomestic users in significant noncompliance (6 month rolling quarter) Develop an Enforcement Response Plan Prepare and maintain a list of SIUs

Submittal and Approval Process R and R (403.9 & ) Submissions for Approval –Original Program –Modifications

Modifications R (403.18) Substantial Modifications Non-Substantial Modifications

Reporting R (403.12) Industrial User – Periodic Compliance Reports Sampling and Analysis in accordance with 40 CFR 136 POTW Annual Reporting Certification statements and signatory requirements

Categorical Standards and Dilution Prohibition R (403.6) New or Existing Source Dilution Prohibition Combined Wastestream Formula

Alternative Categorical Standards R (403.6, 403.7, , ) Removal Credits – When POTW agrees to treat a categorical pollutant for the CIU Fundamentally Different Factors – When a user applies to be included or exempt from categorical regulations. Claim must be applied for within 180 days of regulation. Net/Gross – When an allowance is granted for pollutants in intake water Equivalent Mass Combined Wastestream Formula

Confidentiality R (403.14) Trade Secrets may be claimed as confidential, if so marked at the time of submission. Discharge information shall be available to the public without restriction.

Upset R (403.16) An upset is an affirmative defense for a categorical pretreatment standard if: –user can establish an upset occurred and can identify the cause; –the facility was operated in a prudent and workmanlike manner and in compliance with applicable O&M procedures; and, –required information is submitted within 24 hours.

Bypass R (403.17) A routine bypass for essential maintenance that will not cause violations does not require advance notice If potential for violation - –If planned, notice must be given 10 days in advance. –If unplanned, a user must notify within 24 hours of becoming aware, followed by a wriitten report.

Categorical Regulations R (40 CFR ) 40 CFR Subpart N – Parts (adoption by reference) Some pretreatment standards only refer to 40 CFR 403 or do not have limits or requirements. These IUs are not considered categorical industrial users (e.g. Plastics Forming) Pretreatments Standards for Existing Sources (PSES) Pretreatment Standards for New Sources (PSNS) No discharge requirement Some are production based, others are concentration based

Streamlining Requirements Flow proportional sampling or documentation that time proportional is representative Slug Control Plan and notification of change in Permit Notification of violation and resampling requirement when POTW monitors Documentation and recordkeeping of BMPs Submission of ALL monitoring data in periodic compliance reports

Questions?