Overview of Final Pretreatment Streamlining Rule

1. Overview of the FinalPretreatment 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

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

6. Summary of Final Rule Changes (cont’d)

7. Summary of Final Rule Changes (cont’d)

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 403.12(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) 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 403.12(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/ 403.12 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 403.12(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 403.12(e)(3), (i) Must this rule change be adopted by the State or CA? No – this provision is optional

29. NSCIU v. Middle Tier CIU

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) 564-0721 schaner.greg@epa.gov or Jan Pickrel (202) 564-7904 pickrel.jan@epa.gov