1. Overview of the Final Pretreatment Streamlining Rule
California Water Environment Assoc.
P3S Annual Conference & Exhibition
February 28, 2006

2. Objectives of Presentation
Provide history and background of the Rule
Review all changes adopted in the final rule
EPA’s Implementation Plans
Discussion and Questions
Ben’s last briefing April 23, 2004 (no options selected at that meeting)

3. History of Streamlining Rule
1995 – OWM initiates evaluation streamlining opportunities in Part 403 regulations
July 1999 – EPA proposes Streamlining Rule
August 2003 – Streamlining Workgroup reconstituted
March 2005 – OMB’s Thompson Report published
June 2005 – EPA formally submits final rule to OMB
September 26, 2005 – Administrator Johnson signs final rule
October 14, 2005 – Rule published in Federal Register

4. Key Stakeholders AMSA, WEF and Other POTWs Industrial Users
Metal Finishers
Synthetic Organic Chemical Manufacturers Assoc. (SOCMA)
Small Business Administration
Approval Authorities (Regions/States)
Natural Resources Defense Council
Office of Management and Budget

5. Summary of Final Rule Changes
Issue
Rule Change
Pollutants not present
CAs can grant sampling waivers where CIU demonstrates that a regulated pollutant is neither present nor expected to be present
General control mechanisms
CAs may issue general control mechanisms to groups of SIUs that are substantially similar
BMPs as local limits
BMPs may be used in lieu of numeric local limits
Slug control plans
POTWs may determine how often they evaluate SIUs for the need for slug control plans or other requirements
Any requirements must be reflected in control mechanism
Equivalent Conc. Limits
CAs can use existing concentration-based standards instead of converting to flow-based mass limits for CIUs in OCPSF, Petroleum Refining, Pesticide Chemicals
Grab and Composite Sampling
Clarifies and updates application of sampling requirements; Provides flexibility to CA in certain sampling protocols
SNC – Publication
POTW can publish SNC violations in any paper of general circulation

6. Summary of Final Rule Changes (cont’d)
Issue
Rule Change
SNC – Applicability
SNC criteria apply only to SIUs and to those IUs that have adversely affected pretreatment program
SNC – Daily Max. or Avge. Limits
Broadens scope of violations covered by chronic, TRC, and other violations
SNC – Late Reports
SNC violation occurs when reports submitted more than 45 days after deadline
Removal Credits - Overflows
Retains and updates current formula to adjust removal credits by number of hours of sewer overflows per year
Removal Credits – Sewage Sludge
ANPRM asks for comment on adding pollutants to list of chemicals eligible for removal credits, and on potential ways to streamline consistent removal requirements
Miscellaneous Changes
Updates or corrects provisions re: to signatory requirements, net/gross calculations, requirement to report all monitoring data, and notification of changes

7. Summary of Final Rule Changes (cont’d)
Issue
Rule Change
Equivalent Mass Limits
CIUs can request, and CAs have discretion to approve, the conversion of concentration-based categorical standards to equivalent mass limits
CIU Oversight
Establishes Non-Significant CIU (NSCIU) category (discharges < 100 gpd)
CIU reporting can be reduced to yearly compliance certification
CA oversight can be reduced to annual evaluation of the CIU’s certification
Establishes “Middle Tier” CIU category (discharges don’t exceed (a) the smaller of 5,000 gpd or 0.01 % of POTW design dry weather hydraulic capacity; (b) 0.01 % of POTW design organic treatment capacity; and (c) 0.01 % of the MAHL)
CIU reporting can be reduced to once annually
CA oversight can be reduced to one inspection and sampling event every other year

8. Pollutants Not Present
Old Rules
CIUs were required to sample for all pollutants covered by the categorical standard, regardless of whether pollutant is present (unless the categorical standard allows for surrogate pollutant sampling or alternative certifications)
Final Rule
If CIU can demonstrate a pollutant is not present in its process waste stream or is present only in background levels in intake water, the CA may authorize a sampling waiver for that pollutant:
At least one representative process wastewater sample must be taken prior to treatment
CIU must notify CA if pollutant found, and must immediately resume monitoring
CA must:
include waiver and notification requirement in control mechanism,
document reasons for granting waiver and maintain information for 3 years after control mechanism expires

9. Pollutants Not Present
Final Rule (cont’d)
Waiver valid for one term of control mechanism (like NPDES provision)
Waiver does not replace any certification requirements established in specific categorical standards
Waiver may be granted where pollutant present solely due to sanitary wastewater except if covered by categorical standard
Where to find rule changes?
40 CFR 403.8(f)(2)(v)
40 CFR (e)(2)
Must this rule change be adopted by the State or CA?
No – this provision is optional

10. General Control Mechanisms
Old Rules
SIUs must be controlled through permits or equivalent mechanisms
EPA has emphasized the importance of evaluating each SIU individually
Final Rule
Allow POTWs to control SIUs through general permits where the necessary legal authority exists and the SIUs meet the criteria for being substantially similar:
Coverage available for CIUs granted a monitoring waiver for pollutants not present
POTW must maintain the following for 3 years after expiration of general control mechanism:
Copy of the general control mechanism
Documentation to support POTW’s determination that the group of SIUs meets the criteria for coverage
Copies of all written requests for coverage

11. General Control Mechanisms
Where to find rule changes?
40 CFR 403.8(f)(1)(iii)
Must this rule change be adopted by the State or CA?
No – this provision is optional

12. BMPs as Local Limits Old Rules
Pretreatment rules were silent on whether POTWs can use BMPs (rather than numeric limits) to satisfy their requirement to develop local limits
Pretreatment rules did not explicitly require reporting compliance data for Industrial Users subject to BMPs as local limits or categorical standards
Final Rule
Clarify that:
BMPs developed by POTWs may serve as local limits, and
Full CIU reporting required where BMPs required for categorical standards
Specify the necessity for POTWs to document the supporting rationale for specific BMPs

13. BMPs as Local Limits Final Rule (cont’d) Only certain aspects:
Include definition of BMPs
Clarify in the preamble what EPA considers to be minimum elements that make BMPs enforceable
Specific notice to IUs of requirements
Equipment specifications
O&M requirements
Timeframes for key activities
Compliance certification, reporting and recordkeeping
Re-opener for revoking or modifying
Where to find rule changes?
40 CFR 403.5
40 CFR 403.8(f)
40 CFR (b), (e), (h)
Must this rule change be adopted by the State or CA?
Only certain aspects:
SIU reports must include BMP compliance information
SIU control mechanisms must contain BMPs
SIU and POTW must maintain records of BMP compliance

14. Equivalent Concentration Limits
Old Rules
No allowance for equivalent concentration limits where categorical standard requires a mass limit to be calculated based on the facility’s flow
Final Rule
For CIUs subject to Organic Chemicals, Plastics, and Synthetic Fibers, Petroleum Refining (Cr an Zn), and Pesticide Chemicals allow POTW to use concentration limit in categorical standard
Require CA to document that dilution is not being substituted for treatment as prohibited by 40 CFR 403.6(d)
Where to find rule changes?
40 CFR 403.6(c)(6)
Must this rule change be adopted by the CA?
No – this provision is optional

15. SNC – Application to SIUs Only
Old Rules
SNC applied to any IU
Final Rule
Apply SNC to Significant Industrial Users only
Apply SNC to other IUs if they cause pass through, interference, imminent endangerment, or adversely affect pretreatment program
Where to find rule changes?
40 CFR 403.8(f)(2)(viii)
Must this rule change be adopted by the State or CA?
No – this provision is optional

16. SNC – Daily Maximum or Avg. Limits
Old Rule
SNC determinations for chronic violations, technical review criteria violations, and pass through or interference violations were limited to daily maximum or average limits
Final Rule
Include broader array of numeric or narrative violations
Where to find rule changes?
40 CFR 403.8(f)(2)(viii)(A), (B), (C)
Must this rule change be adopted by the State or CA?
Yes – incorporation required because the definition of SNC is expanded

17. SNC – Late Reports Old Rule
SNC applied if a required report is submitted more than 30 days late
Final Rule
Extended 30-day deadline to 45 days
Where to find rule changes?
40 CFR 403.8(f)(2)(viii)(F)
Must this rule change be adopted by the State or CA?
No – this provision is optional

18. Equivalent Mass Limits
Old Rules
40 CFR 403.6(d) allows CA to impose equivalent mass limits in addition to concentration-based standards where the IU is using dilution to meet standards or where the imposition of mass limits is appropriate
Did not allow the equivalent mass limit to replace the concentration-based standard
Some POTWs and CIUs argue that use of concentration-based standards discourages the adoption of water conservation measures

19. Equivalent Mass Limits
Final Rule
Allows POTW to set equivalent mass limits as an alternative to concentration limits
To be eligible for use of equiv. mass limits, CIU must:
Implement water conservation measures that substantially reduce water use,
Use control and treatment technologies adequate to achieve compliance with categorical standards, and demonstrate that dilution not used,
Provide monitoring data to establish its actual average daily flow rate through the use of a continuous effluent flow monitoring device and its baseline long-term average production rate,
Demonstrate that it doesn’t have daily flow rates, production rates, or pollutant levels that fluctuate so significantly that establishing equiv. mass limits would not be appropriate, and
Have consistently complied with applicable categorical standards
Emphasized that CIU may request equiv. mass limits, and CA has discretion to authorize

20. Equivalent Mass Limits
Final Rule (cont’d)
If CA approves eligible CIU’s request, CA then calculates the equiv. mass limits:
Concentration-based categorical standard × CIU’s actual average daily flow rate × unit conversion factor
Once equiv. mass limit is effective in the CIU’s control mechanism, CIU must do the following to retain coverage:
Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equiv. mass limits,
Record the facility’s flow rates through use of a continuous effluent flow monitoring device,
Continue to record facility’s production rates and notify CA if rates vary by more than 20 percent from production rates used as basis for equiv. mass limits
Employ same or comparable water conservation measures used in setting the equiv. mass limits

21. Equivalent Mass Limits
Final Rule (cont’d)
After calculating equiv. mass limit, CA must reassess the limit and recalculate as necessary to reflect changed conditions, where the CIU notifies it of a revised production rate
CA may retain the initial equiv. mass limits in subsequent permit terms if:
CIU’s actual average daily flow rate reduced solely as a result of water conservation methods and technologies,
Actual average daily flows used for calculating limit weren’t based on use of dilution as substitute for treatment, and
CIU doesn’t bypass treatment control and treatment technologies
Equiv. mass limits are not authorized for pollutants such as pH, temperature, radiation, or other pollutants which cannot be appropriately expressed as mass

22. Equivalent Mass Limits
Where to find rule changes?
40 CFR 403.6(c)(5)
Must this rule change be adopted by the State or CA?
No – this provision is optional

23. Non-Significant CIU Old Rules
As a category, SIUs included all IUs subject to categorical pretreatment standards
POTW may exclude a non-categorical IU if demonstrates that it has no reasonable potential to adversely affect the plant or violate a standard
No flexibility given to exclude categorical IUs from SIU status

24. Non-Significant CIU Final Rule
Defines non-significant CIU (NSCIU) using a 100 gpd flow cutoff
Prohibits untreated, concentrated wastewater
Clarifies that 100 gpd cutoff is measured according to the amount of “total categorical wastewater”
Where categorical and non-categorical wastewaters are commingled, measure categorical wastewaters to the extent they can be reliably distinguished from non-categorical wastewater
If categorical and non-categorical wastewaters can’t be reliably distinguished, measure the combined flow
100 gpd is a daily maximum threshold, which cannot be met through averaging

25. Non-Significant CIU To be eligible, the CIU must:
Have consistently complied w/ all applicable standards and requirements
Annually submit certification statement indicating that it continues to meet the NSCIU definitional criteria and that it complied w/ applicable standards and requirements
Requires annual certification statement to be signed in accordance w/ requirements
CA required to annually list out which CIUs are considered NSCIUs
CA required to annually evaluate whether each NSCIU has submitted its certification statement and continues to meet the definitional criteria
Where to find rule changes?
40 CFR 403.3(v)(2)
40 CFR 403.8(f)(2)(v), (6)
40 CFR (e)(1), (g), (i), (q)
Must this rule change be adopted by the State or CA?
No – this provision is optional

26. Middle Tier CIU Final Rule
Adopts a “Middle Tier” CIU tier that, if applicable, provides additional flexibility:
1st tier – categorical CIUs
2nd tier – “Middle Tier” CIUs
3rd tier – NSCIUs
If designated “Middle Tier”:
CIU can reduce reporting to one time per year
POTW can reduce inspections/samplings to one time every other year
“Middle Tier” CIUs discharge no greater than:
0.01% of POTW’s design dry weather hydraulic capacity, or 5,000 gpd, whichever is smaller (measured by continuous effluent flow monitor unless CIU is batch discharger)
0.01% of POTW’s design dry weather treatment capacity
0.01% of MAHL for any pollutant for which CIU regulated

27. Middle Tier CIU Final Rule (cont’d) Additional eligibility criteria:
CIU has not been in SNC for any time in past 2 years
CIU does not have daily flow rates, production levels, or pollutant levels that vary so significantly that reduced reporting would be non-representative of operating conditions
Middle Tier CIU must notify CA immediately of any changes that cause it to no longer meet eligibility conditions
If CIU no longer meets Middle Tier criteria, it must immediately being complying w/ minimum reporting requirements for categorical SIUs
CA must retain documentation to support CA’s determination that specific CIU qualifies as a Middle Tier CIU for 3 years after expiration of control mechanism

28. Middle Tier CIU Where to find rule changes? 40 CFR 403.8(f)(2)(v)(C)
40 CFR (e)(3), (i)
Must this rule change be adopted by the State or CA?
No – this provision is optional
Requires rule change!!!
State comments –
WA – delete word “other”; could be used as a loophole; cutoff should be different for different ELG categories
MN – doesn’t oppose, but would rather see us use “SIU” def. to allow exemptions for categorical SIUs with no potential to harm POTW
MI – supports, but proposes 1000 gpd or any higher cutoff
TX – supports
NJ – supports
WI – raise the cutoff to 500 gpd

29. NSCIU v. Middle Tier CIU Control Mechanism Required?
Minimum CIU Reporting Requirements
Minimum POTW Inspection / Sampling Requirements
NSCIUs No
Certification only (no reporting), one time per year
Not required
Middle Tier CIUs
Yes
One time per year (if representative of operating conditions)
One time every other year
Categorical SIUs
Two times per year (at a minimum)
One time per year

30. EPA’s Implementation Activities
Publish Guidance Materials on Website
Complete copy of pretreatment regulations (w/ streamlining provisions)
Fact Sheets
1-page summaries of streamlining changes
Required Changes
Frequently asked questions
Revisions to past documents
Model sewer use ordinance
Others
Other Activities
EPA/WEF Trainings

31. Discussion / Questions
For Further Information:
Greg Schaner
(202) or
Jan Pickrel
(202)