Overview of Pretreatment Program Regulations 40 CFR Part 403 Pretreatment 101 Short Course 8/3/09 Addison, Texas David Hardgrave ODEQ State Pretreatment Coordinator

CFR Purpose This part implements sections of the Clean Water Act and establishes responsibilities of the various levels of government, industry & the public to implement National Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which may contaminate sewage sludge

CFR Applicability The Pretreatment Regs apply:  To POTWs which receive WW from sources subject to pretreatment standards  To States applying for NPDES delegation  To any new or existing source subject to pretreatment standards  To pollutants from non-domestic sources

CFR Objectives  To prevent the introduction of pollutants into POTWs which will interfere with the operation of a POTW, including interference with its use or disposal of municipal sludge;  To prevent the introduction of pollutants into POTWs which will pass through the treatment works or otherwise be incompatible with such works; and  To improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges

403.3(a)-(w) Definitions A few pertinent ones to look up and be familiar with: (i) The term Indirect Discharge or Discharge means the introduction of pollutants into a POTW from any non-domestic source… (j) The term Industrial User or User means a source of Indirect Discharge (k) Interference means…. (p) Pass Through means … (t) Pretreatment requirements means… (v) Significant Industrial User means…

Pass-through - Discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with other sources, results in a violation of any provision of the POTW’s discharge permit Interference - Discharge which, alone or in conjunction with other sources, inhibits or disrupts the POTW’s treatment processes or sludge disposal practices and is the cause of a discharge permit violation and/or prevents proper sludge disposal Pass-through - Discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with other sources, results in a violation of any provision of the POTW’s discharge permit Interference - Discharge which, alone or in conjunction with other sources, inhibits or disrupts the POTW’s treatment processes or sludge disposal practices and is the cause of a discharge permit violation and/or prevents proper sludge disposal

403.4 State or Local Law Nothing in this regulation is intended to affect any Pretreatment Requirements, including any standards or prohibitions, established by State or local law as long as the State or local requirements are not less stringent than any set forth in National Pretreatment Standards, or any other requirements or prohibitions established under the Act or this regulation. Nothing in this regulation is intended to affect any Pretreatment Requirements, including any standards or prohibitions, established by State or local law as long as the State or local requirements are not less stringent than any set forth in National Pretreatment Standards, or any other requirements or prohibitions established under the Act or this regulation. Etc, etc, etc…… Etc, etc, etc……

403.5 National Pretreatment Standards  (a)(1) General prohibitions. A User may not introduce into a POTW any pollutant(s) which cause Pass Through or Interference.

403.5 National Pretreatment Standards (b) Specific prohibitions. In addition, the following pollutants shall not be introduced into a POTW:  (1) Pollutants which create a fire or explosion hazard…including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 °F or 60 °C using the test methods specified in 40 CFR ;  (2) Pollutants which will cause corrosive structural damage…but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;  (3) Solid or viscous pollutants in amounts which will cause obstruction to the flow…resulting in Interference;  (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference…

403.5(b) Specific prohibitions (cont.)  (5) Heat in amounts which will inhibit biological activity… resulting in Interference, but in no case heat in such quantities that the temperature at the Treatment Plant exceeds 40 °C (104 °F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits;  (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;  (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;  (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW

403.5 National Pretreatment Standards (cont.) (Local Limits) c) When specific [LOCAL] limits must be developed by POTW (1) Each POTW developing a POTW Pretreatment Program shall develop and enforce specific limits to implement the prohibitions listed in paragraphs (a)(1) and (b) of this section. Each POTW with an approved pretreatment program shall continue to develop these limits as necessary and effectively enforce such limits. (2) All other POTWs shall, in cases where pollutants contributed by User(s) result in Interference or Pass-Through…develop and enforce specific effluent limits for IUs, and all other users, as appropriate, which, together with appropriate changes in the POTW Treatment Plant's facilities or operation, are necessary to ensure renewed and continued compliance with the POTW's NPDES permit or sludge use or disposal practices.

403.6 Categorical Standards  Effluent Guidelines with Pretreatment Standards for Existing or New Sources (PSES or PSNS) (will be further discussed in a following “101” module)  40 CFR Chapter I, Subchapter N, CFRs 405 to 471 Can find ALL of idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl

CFR Removal Credits  Too lengthy to discuss in this forum  Revolves around your POTW’s removal efficiency  Has been rarely utilized nationwide  Interesting concept, hassle to implement and grant

403.8(a) Who Must Develop a Pretreatment Program?  POTWs: –with combined design flow > 5 MGD, AND –receiving flow from CIUs, AND/OR –receiving pollutants from IUs which may cause pass through or interference.  Approval Authority may require program be developed, regardless.  NPDES States may assume responsibility.

40 CFR (e), 5 States (CT, VT, AL, MS, & NE) EPA IU - Industrial User - Approval Authority - Control Authority State POTWs with no program required IU -

403.8(f)(1) Legal Authority – A MUST!!  State law  Local regulations –Sewer Use Ordinance or –Rules and Regulations (New Model Ord. NOW Available) The Backbone of a Local Pretreatment Program

403.8(f)(1) Legal Authority (cont.) (i) Deny or condition new or increased contributions of pollutants (ii) Require compliance with applicable Pretreatment Standards and Requirements (iii) Control through Permit, order, or similar means, the contribution to the POTW by each IU (iv) Require (A) the development of a compliance schedule [as necessary]…and (B) the submission of all notices and self-monitoring reports from IUs…

403.8(f)(1) Legal Authority (cont.) (v) Carry out all inspection, surveillance and monitoring procedures necessary to determine [compliance]… (vi)(A) Obtain remedies for noncompliance by any IU with any Pretreatment Standard and Requirement (B) Pretreatment requirements which will be enforced will include: the duty to carry out inspections; any rules…issued by the POTW; any requirements set forth in permits; halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW (B) Pretreatment requirements which will be enforced will include: the duty to carry out inspections; any rules…issued by the POTW; any requirements set forth in permits; halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW

403.8(f)(2) Procedures The POTW shall develop & implement procedures to ensure compliance with the requirements of a Pretreatment Program (i) Identify and locate all possible IUs which might be subject to the POTW Pretreatment Program (covered in next “101” module) (ii) Identify the character & volume of pollutants contributed to the POTW by the IUs (iii) Notify IUs of applicable Pretreatment Standards AND RCRA (HAZ WASTE) REQUIREMENTS (iv) Receive & analyze self-monitoring reports

403.8(f)(2) Procedures (cont.) (v) Randomly sample & analyze the effluent from IUs and conduct [inspections] (will be covered in another “101” module) (vi) Evaluate whether each SIU needs a plan or other action to control Slug Discharges (vii) Investigate instances of noncompliance with Pretreatment Standards & Requirements, as indicated in the reports required by (viii) Comply with the public participation requirements of 40 CFR part 25 in the enforcement of National Pretreatment Standards

403.8(f)(3),(4),(5)&(6) Misc. Program Requirements (3) Funding. The POTW shall have sufficient resources & qualified personnel to carry out the authorities and procedures (4) Local limits. The POTW shall develop local limits as required in §403.5(c)(1), or demonstrate that they are not necessary (5) The POTW shall develop and implement an enforcement response plan (ERP, will be discussed in another “101” module) (6) The POTW shall prepare and maintain a list of its IUs meeting the criteria of [an SIU]

403.4 Local Limits (beyond scope of “101”)  Protect the POTW - Equipment/Processes  Protect the receiving waters - NPDES, WQ Standards, WET  Improve/Protect sludge disposal options - Beneficial Reuse  Protect POTW personnel - Toxic Gases, Vapors, Fumes  A lot of numbers’ “crunching”!  Protect the POTW - Equipment/Processes  Protect the receiving waters - NPDES, WQ Standards, WET  Improve/Protect sludge disposal options - Beneficial Reuse  Protect POTW personnel - Toxic Gases, Vapors, Fumes  A lot of numbers’ “crunching”!

403.9 POTW Pretreatment Programs Submission for approval (a) Who approves Program (b) Contents of POTW program submission (c) Conditional POTW program approval (d) Content of removal allowance submission (e) Approval authority action (f) Notification where submission is defective (g) Consistency with water quality management plans This section = “no biggy” unless you’re developing or modifying Pretreatment Program

Development and submission of NPDES State pretreatment programs NOT APPLICABLE TO ANY STATES IN REGION VI AND AS PREVIOUSLY MENTIONED, ONLY 5 AND AS PREVIOUSLY MENTIONED, ONLY 5 STATES IN THE NATION HAVE THESE TYPE STATES IN THE NATION HAVE THESE TYPE PROGRAMS PROGRAMS

Approval procedures for POTW pretreatment programs and POTW granting of removal credits Approval procedures for POTW pretreatment programs and POTW granting of removal credits (beyond scope of “101”)

Reporting requirements for POTW's and industrial users (will be discussed in more detail in a following module) b) Reporting requirements for industrial users upon effective date of categorical pretreatment standard—baseline [monitoring] report (c) Compliance schedule for meeting categorical Pretreatment Standards (d) [90 day] Report on compliance with categorical pretreatment standard deadline (e) Periodic reports on continued compliance

Reporting requirements for POTW's and industrial users (cont.) (f) Notice of potential problems, including slug loading (g) Monitoring and analysis to demonstrate continued compliance (h) Reporting requirements for Industrial Users not subject to categorical Pretreatment Standards (i) Annual POTW reports (more info req’d in future?) (j) Notification of changed Discharge (k) Compliance schedule for POTW's

Reporting requirements for POTW's and industrial users (cont.) (l) Signatory requirements for Industrial User reports (m) Signatory requirements for POTW reports (n) Provisions Governing Fraud and False Statements (o) Record-keeping requirements (p) The IU shall notify the POTW…& State haz waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a haz waste under 40 CFR part 261.

Reporting requirements for POTW's and industrial users (cont.) (q) Annual certification by Non-Significant Categorical Industrial Users (r) The Control Authority that chooses to receive electronic documents must satisfy the requirements of 40 CFR Part 3 (Electronic reporting)

Variances from categorical pretreatment standards for fundamentally different factors (FDF)  Too late for any current categorical IU to apply for a FDF  In order to be considered, a request for a variance must be submitted no later than 180 days after the date on which a categorical Pretreatment Standard is published in the Federal Register

Confidentiality Need to look at this section if an IU claims any or part of their processes generating wastewater being discharged to you is claimed to be “confidential” Effluent data: Information and data provided to the [City] pursuant to this part which is effluent data shall be available to the public without restriction

Net/Gross calculation (a) Application. Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the Industrial User's intake water –A hassle for both the POTW and the CIU with increased monitoring requirements –But may have appropriate application when potable water has high Zn and Cu concentrations

Upset Provisions Exceptional incident, unintentional, temporary non- compliance beyond CIU’s control Negligence NOT a defense Bypass Provisions Intentional diversion around IU’s treatment processes. Prohibited unless unavoidable to prevent death, injury, severe property damage, and no feasible alternatives exist. 10-day notice required

Mods of POTW Pretreatment Programs (a) General. Either the AA or a POTW with an approved POTW Pretreatment Program may initiate program modification at any time to reflect changing conditions at the POTW (b) Substantial modifications defined. Substantial modifications include: MODS THAT “RELAX” ALMOST ANYTHING! (c) Approval procedures for substantial modifications (d) Approval procedures for non-substantial modifications

Ancillary Issues  Utility Commission or City Council Support?  Chamber of Commerce  Big Business  Politics  Attorney familiar with Program?  Special interest groups  Interjurisdictional Issues

Interjurisdictional Control  Direct authority  Multijurisdictional agreements  Industrial user contracts  Coordination/cooperation