The Texas Pollutant Discharge Elimination System Pretreatment Streamlining Rule Implementation

1. The Texas Pollutant Discharge Elimination System Pretreatment Streamlining Rule Implementation 24th Annual EPA Region 6 Pretreatment Association Workshop August 13, 2008 Storm Water & Pretreatment Team Water Quality Division (512) 239-4671

2. The 2005 Pretreatment Streamlining Rule Overview • The Pretreatment Streamlining Rule revisions were: • Published in the Federal Register on October 14, 2005 • Promulgated for judicial review purposes on October 28, 2005, and • Effective on November 14, 2005 • 30 TAC Chapter 315 adopts 40 CFR Part 403, as amended, except for 40 CFR §403.16

3. The 2005 Pretreatment Streamlining RuleGuidelines for Implementation • EPA has revised and created the following: • EPA Model Pretreatment Ordinance • Pretreatment Streamlining Rule Fact Sheets: • 1.0: Summary of Changes Made Under the Streamlining Rule • 2.0: Required Changes • 3.0: Equivalent Mass Limits for Concentration Limits • 4.0: Equivalent Concentration Limits for Flow-Based Standards • 5.0: New Classifications for Categorical Industrial Users (CIUs) • 6.0: Optional Sampling Waiver for Pollutants Not Present • 7.0: Best Management Practices (BMPs) • 8.0: Slug Control Plans • Future documents to be revised: • Introduction to the National Pretreatment Program Guidance Manual • Industrial User Permitting Guidance Manual

4. The 2005 Pretreatment Streamlining RuleRequired Modifications Summary • The EPA has identified several rule changes that may be more stringent than previous versions of 40 CFR Part 403, and therefore may require changes to approved pretreatment programs • These elements become required modifications

5. The 2005 Pretreatment Streamlining RuleRequired Modifications Summary • The TCEQ has developed the required modifications checklists for submittal of the Pretreatment Streamlining Rule revisions: • Required Modifications • Legal Authority • Slug Control Plan • Best Management Practices • Sampling Protocols

6. The 2005 Pretreatment Streamlining RuleOptional Modifications Summary • Once any Pretreatment Streamlining Rule optional provisions are adopted into the control authority’s (CA) approved pretreatment program: • these elements becomerequired provisions of the approved pretreatment program • effective for the CA and industrial users (IUs), as applicable

7. The 2005 Pretreatment Streamlining RuleGuidelines for Implementation • Caution: • The language in your modifications must adhere to the language in 40 CFR Part 403 • The EPA’s Model Pretreatment Ordinance provides recommended language

8. The 2005 Pretreatment Streamlining Rule Revisions to TPDES Permits • The TCEQ has revised the pretreatment requirements in the TPDES permits • The Pretreatment Streamlining Rule required program modifications will be: • required during the next TPDES permit action for the “tracking plant” • due within a specified time frame

9. The 2005 Pretreatment Streamlining Rule Modifications to Pretreatment Programs • TPDES permit revisions include requirements for: • Significant noncompliance (SNC) publication in the newspaper ofgeneral circulation • The frequency of slug load evaluation • Annual report components • The frequency of inspecting and sampling Middle Tier Categorical Industrial Users (MTCIUs) • An allocation of pollutants to IUs covered by the BMPs during technically based local limits (TBLLs) evaluation

10. NonSubstantial Modifications to Pretreatment Programs • After the TPDES permit is issued, the CA must submit thoserequired Pretreatment Streamlining Rule provisions as specified in the permit requirements • The TCEQ requests that Optionalprovisions be submitted at the same time

11. Substantial Modifications to Pretreatment Programs • Optional provisions that are less stringent than current TPDES permit requirements include: • Publication of SNC in the newspaper ofgeneral circulation • The frequencyof slug discharge control plan evaluations • The frequency of inspecting and sampling MTCIUs

12. NonSubstantial Modifications to Pretreatment Programs • The TCEQ requests that CAs submit the nonsubstantial modifications to their approved pretreatment programs (as a result of the Pretreatment Streamlining Rule): • In one package • With the TCEQ cover sheetchecklist, additional checklists, and specified format • The Pretreatment Streamlining Rule package will be a complete replacement of the approved pretreatment program

13. Pretreatment Streamlining Rule Modifications Is it a NonSub Mod according to 40 CFR 403.18? No Yes Is TPDES permit issued with Streamlining provisions? Submit to TCEQ as a NonSub Mod Submit to TCEQ as a Sub Mod Yes No Yes No Admin and Tech Complete Admin and Tech Complete Does the Mod include provisions less stringent than current TPDES permit? TCEQ Accepts NonSub Mod Obtain City Council Approval Obtain City Council Approval TCEQ Approves Sub Mod and issues TPDES permit Implement and Enforce Modification

14. Substantial Modifications to Pretreatment Programs • The TPDES permit will need to be reissued to incorporate: • Anysubstantial modificationsthat extendbeyondthe Pretreatment Streamlining Rule provisions, according to 40 CFR §403.18 • Any modifications that cause increased loadings to the wastewater treatment plant (WWTP) are considered substantial modifications

15. Revisions to TPDES Pretreatment Program Annual Reports • The TPDES permits will contain the revised pretreatment annual report tables • The CAs will begin designation of • MTCIUs and • Nonsignificant CIUs (NSCIUs) • in the pretreatment annual report, after the Pretreatment Streamlining Rule Required modification has been submitted to TCEQ and accepted as administratively and technically complete

19. The 2005 Pretreatment Streamlining Rule Changes to Audit and PCI Reviews • Reviews may vary, both in length and complexity: • All required provisions will be reviewed • Additional information reviewed will depend on theoptional provisions adopted by the CA

20. Revisions to TPDES Permit Applications • Worksheet 6.0 of the TPDES domestic wastewater permit application technical report will be revised to include: • NSCIU and MTCIU designations • Other optional provisions

21. TPDES Pretreatment Program Website • The Pretreatment website is organized as follows: • Information for Approved Pretreatment Programs • Pretreatment Streamlining Rule Required Modification Checklists • Information for POTWs without Approved Pretreatment Programs • TPDES Permit Pretreatment Requirements • Industrial Wastewater Discharges to a POTW: Am I Regulated? • EPA Pretreatment Categories and Standards • Reporting Requirements for CIUs • Wastewater Pretreatment Training and Seminars • Reporting forms, tables, modification checklists • Available on our website: • Report forms http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/index.html • Pretreatment Streamlining Rule Required Modification Checklistshttp://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/approved_programs_modifications.html