State and Federal IPP State and Federal IPP Regulations - - PowerPoint PPT Presentation

State and Federal IPP State and Federal IPP Regulations Regulations

Grace Scott Grace Scott Pretreatment Coordinator Pretreatment Coordinator Water Bureau Water Bureau 517 517-

• 335

335-

• 4107

4107 scottg@michigan.gov scottg@michigan.gov

Disclaimer: The information provided in the following slides is an overview

• nly. The actual rules and regulations should be consulted for complete

requirements.

Wanted: Industrial Pretreatment Wanted: Industrial Pretreatment Coordinator Coordinator

Chemist Chemist Biologist Biologist Engineer Engineer Technician Technician Lawyer Lawyer Data Clerk Data Clerk Public Relations Specialist Public Relations Specialist Regulator Regulator Teacher Teacher Inspector Inspector

Part 23 Michigan Rules Part 23 Michigan Rules vs vs Federal 40 CFR Part 403 Federal 40 CFR Part 403

In 1983, Michigan received delegation from USEPA to In 1983, Michigan received delegation from USEPA to manage and enforce the Industrial Pretreatment manage and enforce the Industrial Pretreatment Program. Program. 40 CFR Part 403 General Pretreatment Regulations 40 CFR Part 403 General Pretreatment Regulations http:// http://cfpub.epa.gov/npdes/home.cfm?program_id cfpub.epa.gov/npdes/home.cfm?program_id=3 =3 R323.2303 of the Michigan Administrative Code R323.2303 of the Michigan Administrative Code http:// http://www.state.mi.us/orr/emi/admincode.asp?Admin www.state.mi.us/orr/emi/admincode.asp?Admin Code Code= =Single&Admin_Num Single&Admin_Num=32302301&Dpt= =32302301&Dpt=EQ&Rng EQ&Rng High High= =

INDUSTRIAL INDUSTRIAL PRETREATMENT PROGRAM PRETREATMENT PROGRAM R323.2301 (403.2) R323.2301 (403.2)

prevent discharge of prevent discharge of metals, solvents & metals, solvents &

• ther pollutants
• ther pollutants

prevent POTW prevent POTW interference/pass interference/pass-

• through

through prevent worker prevent worker health and safety health and safety problems problems enhance biosolids enhance biosolids character character

Interference Interference

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

(IPP) Prohibited Discharges (IPP) Prohibited Discharges R323.2303 (403.5) R323.2303 (403.5)

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

(IPP) Local Limits (IPP) Local Limits R323.2303(4) R323.2303(4)

Local limits are site specific and environmentally Local limits are site specific and environmentally protective of the local conditions protective of the local conditions Evaluate Evaluate Ten Pollutants (Minimum) Ten Pollutants (Minimum)

– – Arsenic, Cadmium, Chromium, Copper, Lead, Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Silver, Zinc and Cyanide Mercury, Nickel, Silver, Zinc and Cyanide – – Other Pollutants of Concern Other Pollutants of Concern

Influent, Effluent & Influent, Effluent & Biosolids Biosolids Sanitary (Background) Sanitary (Background) Other locations as appropriate Other locations as appropriate

When is an IPP required? When is an IPP required? R323.2305 (403.8) R323.2305 (403.8)

If > 5MGD design and non If > 5MGD design and non-

• domestic users with

domestic users with potential to cause pass through or interference or potential to cause pass through or interference or categorical industrial user a Federal IPP categorical industrial user a Federal IPP If If < <5MGD design and non 5MGD design and non-

• domestic users with

domestic users with potential to cause pass through or interference or potential to cause pass through or interference or categorical industrial user a Michigan IPP, unless categorical industrial user a Michigan IPP, unless Federal IPP Federal IPP If a state permit (groundwater) with non If a state permit (groundwater) with non-

• domestic

domestic users with potential to cause interference or permit users with potential to cause interference or permit violations or categorical industrial user a Michigan violations or categorical industrial user a Michigan IPP IPP Programs must be developed within one year of Programs must be developed within one year of written notification written notification

Legal Authority Legal Authority R323.2306 (403.8) R323.2306 (403.8)

The authority may be contained in: The authority may be contained in: – – a statute a statute – – ordinance

• rdinance

– – series of contracts series of contracts – – or

• r interjurisdictional

interjurisdictional agreements agreements Require compliance with pretreatment standards and Require compliance with pretreatment standards and requirements requirements Control through permit the contribution to the POTW Control through permit the contribution to the POTW by each Significant Industrial User (SIU) by each Significant Industrial User (SIU) Require installation of technology to meet standards Require installation of technology to meet standards and requirements, and self monitoring and reporting and requirements, and self monitoring and reporting

Legal Authority (cont.) Legal Authority (cont.)

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

Legal Authority (cont.) Legal Authority (cont.) Permits Requirements Permits Requirements

Statement of Duration (not more than 5 yrs.) Statement of Duration (not more than 5 yrs.) Statement of Statement of nontransferability nontransferability without prior notification without prior notification to the POTW and provision of a copy to the new owner to the POTW and provision of a copy to the new owner

• r operator
• r operator

Effluent limits based upon applicable general Effluent limits based upon applicable general pretreatment standards, categorical pretreatment pretreatment standards, categorical pretreatment standards, local limits, and state and local law. standards, local limits, and state and local law. Self monitoring, sampling, reporting, notification and Self monitoring, sampling, reporting, notification and recordkeeping requirements recordkeeping requirements Pollutants to be monitored, sampling location, frequency, Pollutants to be monitored, sampling location, frequency, and type and type Criminal and Civil Penalties and any applicable Criminal and Civil Penalties and any applicable compliance schedule compliance schedule Future streamlining addition: Slug Control Plan Future streamlining addition: Slug Control Plan Requirement and Notification of Changes which impact Requirement and Notification of Changes which impact spill/slug potential spill/slug potential

Procedures Procedures R323.2306 (403.8) R323.2306 (403.8)

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

Procedures (cont.) Procedures (cont.)

Receive and analyze self Receive and analyze self-

• monitoring reports

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

• compliance.

compliance.

Procedures (cont.) Procedures (cont.)

Sample taking and analysis and the collection of Sample taking and analysis and the collection of

• ther information shall be performed with
• ther information shall be performed with

sufficient care to produce evidence admissible in sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions enforcement proceedings or in judicial actions Annually public notice Annually public notice nondomestic nondomestic users in users in significant noncompliance (6 month rolling significant noncompliance (6 month rolling quarter) quarter) Develop an Enforcement Response Plan Develop an Enforcement Response Plan Prepare and maintain a list of SIUs Prepare and maintain a list of SIUs

Submittal and Approval Process Submittal and Approval Process R323.2307 and R323.2308 R323.2307 and R323.2308 (403.9 & 403.11) (403.9 & 403.11)

Submissions for Approval Submissions for Approval

– – Original Program Original Program – – Modifications Modifications

Modifications Modifications R323.2309 (403.18) R323.2309 (403.18)

Substantial Modifications Substantial Modifications Non Non-

• Substantial Modifications

Substantial Modifications

Reporting Reporting R323.2310 (403.12) R323.2310 (403.12)

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

Categorical Standards and Categorical Standards and Dilution Prohibition Dilution Prohibition R323.2311 (403.6) R323.2311 (403.6)

New or Existing Source New or Existing Source Dilution Prohibition Dilution Prohibition Combined Combined Wastestream Wastestream Formula Formula

Alternative Categorical Standards Alternative Categorical Standards

R323.2313 (403.6, 403.7, 403.13, 403.15) R323.2313 (403.6, 403.7, 403.13, 403.15)

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

Confidentiality Confidentiality R323.2314 (403.14) R323.2314 (403.14)

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

Upset Upset R323.2315 (403.16) R323.2315 (403.16)

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

Bypass Bypass R323.2316 (403.17) R323.2316 (403.17)

A routine bypass for essential A routine bypass for essential maintenance that will not cause violations maintenance that will not cause violations does not require advance notice does not require advance notice If potential for violation If potential for violation -

• –

– If planned, notice must be given 10 days in If planned, notice must be given 10 days in advance. advance. – – If unplanned, a user must notify within 24 If unplanned, a user must notify within 24 hours of becoming aware, followed by a hours of becoming aware, followed by a wriitten wriitten report. report.

Categorical Regulations Categorical Regulations

R323.2317 R323.2317 (40 CFR 405 (40 CFR 405-

• 471)

471)

40 CFR Subpart N 40 CFR Subpart N – – Parts 405 Parts 405-

• 471 (adoption by

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

Streamlining Requirements Streamlining Requirements

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

Questions?