State and Federal IPP State and Federal IPP RegulationsRegulations
Grace ScottGrace ScottPretreatment CoordinatorPretreatment Coordinator
Water BureauWater Bureau517-335-4107517-335-4107
[email protected]@michigan.gov
Disclaimer: The information provided in the following slides is an overview only. The actual rules and regulations should be consulted for complete requirements.
Wanted: Industrial Pretreatment Wanted: Industrial Pretreatment CoordinatorCoordinator
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Part 23 Michigan Rules vs Part 23 Michigan Rules vs Federal 40 CFR Part 403Federal 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://cfpub.epa.gov/npdes/home.cfm?program_id=3http://cfpub.epa.gov/npdes/home.cfm?program_id=3
R323.2303 of the Michigan Administrative CodeR323.2303 of the Michigan Administrative Code
http://www.state.mi.us/orr/emi/admincode.asp?http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=32302301&Dpt=EQAdminCode=Single&Admin_Num=32302301&Dpt=EQ&RngHigh=&RngHigh=
INDUSTRIALINDUSTRIAL PRETREATMENT PROGRAM PRETREATMENT PROGRAM
R323.2301 (403.2)R323.2301 (403.2)
prevent discharge of prevent discharge of metals, solvents & metals, solvents & other pollutantsother pollutants
prevent POTW prevent POTW interference/pass-interference/pass-throughthrough
prevent worker health prevent worker health and safety problems and safety problems
enhance biosolids enhance biosolids charactercharacter
InterferenceInterference
You know it’s going to You know it’s going to be a bad day when:be a bad day when:
(IPP) Prohibited Discharges(IPP) Prohibited DischargesR323.2303 (403.5)R323.2303 (403.5)
Fire or Explosion Fire or Explosion (Flashpoint <140ºF) (Flashpoint <140ºF)
Corrosive (pH<5)Corrosive (pH<5)
Block FlowBlock Flow
Interference or Pass Interference or Pass throughthrough
Heat (<104ºF at WWTP)Heat (<104ºF at WWTP)
OilOil
Toxic GasesToxic 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 conditionsprotective of the local conditions
EvaluateEvaluate Ten Pollutants (Minimum) Ten Pollutants (Minimum)– Arsenic, Cadmium, Chromium, Copper, Lead, Arsenic, Cadmium, Chromium, Copper, Lead,
Mercury, Nickel, Silver, Zinc and CyanideMercury, Nickel, Silver, Zinc and Cyanide– Other Pollutants of Concern Other Pollutants of Concern
Influent, Effluent & BiosolidsInfluent, Effluent & Biosolids
Sanitary (Background)Sanitary (Background)
Other locations as appropriateOther 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-domestic users with If > 5MGD design and non-domestic users with potential to cause pass through or interference or potential to cause pass through or interference or categorical industrial user a Federal IPPcategorical industrial user a Federal IPP
If If <<5MGD design and non-domestic users with 5MGD design and non-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 IPPFederal IPP
If a state permit (groundwater) with non-domestic If a state permit (groundwater) with non-domestic users with potential to cause interference or permit users with potential to cause interference or permit violations or categorical industrial user a Michigan IPPviolations or categorical industrial user a Michigan IPP
Programs must be developed within one year of Programs must be developed within one year of written notificationwritten notification
Legal AuthorityLegal AuthorityR323.2306 (403.8)R323.2306 (403.8)
The authority may be contained in: The authority may be contained in: – a statutea statute– ordinance ordinance – series of contractsseries of contracts– or interjurisdictional agreementsor interjurisdictional agreements
Require compliance with pretreatment standards and Require compliance with pretreatment standards and requirementsrequirements
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 reportingand 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 nondomestic independent of information supplied by nondomestic usersusersEnforce and seek injunctive relief and penaltiesEnforce and seek injunctive relief and penaltiesImmediately 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 POTWinterfere with the operation of the POTWComply with confidentiality requirementsComply with confidentiality requirementsAll local units of government that collect wastewater from All local units of government that collect wastewater from nondomestic sources, shall be responsible for the nondomestic sources, shall be responsible for the development and implementation of an IPP consistent development and implementation of an IPP consistent with the POTW’s programwith the POTW’s program
Legal Authority (cont.) Legal Authority (cont.) Permits RequirementsPermits Requirements
Statement of Duration (not more than 5 yrs.)Statement of Duration (not more than 5 yrs.)Statement of nontransferability without prior notification to Statement of nontransferability without prior notification to the POTW and provision of a copy to the new owner or the POTW and provision of a copy to the new owner or operatoroperatorEffluent limits based upon applicable general pretreatment Effluent limits based upon applicable general pretreatment standards, categorical pretreatment standards, local limits, standards, categorical pretreatment standards, local limits, and state and local law.and state and local law.Self monitoring, sampling, reporting, notification and Self monitoring, sampling, reporting, notification and recordkeeping requirementsrecordkeeping requirementsPollutants to be monitored, sampling location, frequency, Pollutants to be monitored, sampling location, frequency, and type and type Criminal and Civil Penalties and any applicable compliance Criminal and Civil Penalties and any applicable compliance schedulescheduleFuture 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 potentialspill/slug potential
ProceduresProceduresR323.2306 (403.8)R323.2306 (403.8)
Identify and locate all possible nondomestic Identify and locate all possible nondomestic users that might be subject to the POTW’s IPPusers that might be subject to the POTW’s IPPIdentify the character and volume of pollutants Identify the character and volume of pollutants contributed to the POTWcontributed to the POTWNotify nondomestic users identified of applicable Notify nondomestic 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 MIPPs Conservation and Recovery Act (except MIPPs don’t have to notify users of RCRA)don’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 statusstatus
Procedures (cont.)Procedures (cont.)
Receive and analyze self-monitoring reportsReceive and analyze self-monitoring reports
Randomly sample and analyze the effluent from Randomly sample and analyze the effluent from nondomestic users.nondomestic 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 MIPPs)every two years (not required for MIPPs)
Investigate instances of non-compliance.Investigate instances of non-compliance.
Procedures (cont.)Procedures (cont.)
Sample taking and analysis and the collection of Sample taking and analysis and the collection of other information shall be performed with other information shall be performed with sufficient care to produce evidence admissible in sufficient care to produce evidence admissible in enforcement proceedings or in judicial actionsenforcement proceedings or in judicial actions
Annually public notice nondomestic users in Annually public notice nondomestic users in significant noncompliance (6 month rolling significant noncompliance (6 month rolling quarter)quarter)
Develop an Enforcement Response PlanDevelop an Enforcement Response Plan
Prepare and maintain a list of SIUsPrepare 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 ApprovalSubmissions for Approval– Original ProgramOriginal Program– ModificationsModifications
ModificationsModificationsR323.2309 (403.18)R323.2309 (403.18)
Substantial ModificationsSubstantial Modifications
Non-Substantial ModificationsNon-Substantial Modifications
Reporting Reporting R323.2310 (403.12)R323.2310 (403.12)
Industrial User – Periodic Compliance Industrial User – Periodic Compliance ReportsReports
Sampling and Analysis in accordance with Sampling and Analysis in accordance with 40 CFR 13640 CFR 136
POTW Annual Reporting POTW Annual Reporting
Certification statements and signatory Certification statements and signatory requirementsrequirements
Categorical Standards and Categorical Standards and Dilution Prohibition Dilution Prohibition R323.2311 (403.6)R323.2311 (403.6)
New or Existing SourceNew or Existing Source
Dilution ProhibitionDilution Prohibition
Combined Wastestream FormulaCombined Wastestream Formula
Alternative Categorical StandardsAlternative Categorical StandardsR323.2313 (403.6, 403.7, 403.13, 403.15)R323.2313 (403.6, 403.7, 403.13, 403.15)
Removal CreditsRemoval Credits – When POTW agrees to treat – When POTW agrees to treat a categorical pollutant for the CIUa categorical pollutant for the CIU
Fundamentally Different FactorsFundamentally 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/GrossNet/Gross – When an allowance is granted for – When an allowance is granted for pollutants in intake waterpollutants in intake water
Equivalent MassEquivalent Mass
Combined Wastestream FormulaCombined Wastestream Formula
ConfidentialityConfidentialityR323.2314 (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.
BypassBypassR323.2316 (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 noticedoes 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 report.wriitten report.
Categorical Regulations Categorical Regulations R323.2317R323.2317
(40 CFR 405-471)(40 CFR 405-471)
40 CFR Subpart N – Parts 405-471 (adoption by 40 CFR Subpart N – Parts 405-471 (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 IUs are not considered categorical These IUs 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 (PSNS)Pretreatment Standards for New Sources (PSNS)No discharge requirementNo discharge requirementSome are production based, others are Some are production based, others are concentration basedconcentration based
Streamlining RequirementsStreamlining Requirements
Flow proportional sampling or documentation Flow proportional sampling or documentation that time proportional is representativethat time proportional is representative
Slug Control Plan and notification of change in Slug Control Plan and notification of change in PermitPermit
Notification of violation and resampling Notification of violation and resampling requirement when POTW monitorsrequirement when POTW monitors
Documentation and recordkeeping of BMPsDocumentation and recordkeeping of BMPs
Submission of ALL monitoring data in periodic Submission of ALL monitoring data in periodic compliance reportscompliance reports
Questions?
