The Texas Pollutant Discharge Elimination System The Texas Pollutant Discharge Elimination System Pretreatment Streamlining Rule ImplementationPretreatment Streamlining Rule Implementation

2424thth Annual EPA Region 6 Annual EPA Region 6Pretreatment Association Workshop Pretreatment Association Workshop

August 13, 2008August 13, 2008

Storm Water & Pretreatment Team Storm Water & Pretreatment Team Water Quality DivisionWater Quality Division

(512) 239-4671(512) 239-4671

The 2005 Pretreatment Streamlining RuleThe 2005 Pretreatment Streamlining Rule

Overview Overview The Pretreatment Streamlining Rule revisions The Pretreatment Streamlining Rule revisions

were:were: Published in the Published in the Federal RegisterFederal Register on October 14, on October 14,

2005 2005

Promulgated for judicial review purposes on Promulgated for judicial review purposes on October 28, 2005, and October 28, 2005, and

Effective on November 14, 2005Effective on November 14, 2005

30 TAC Chapter 315 adopts 40 CFR Part 403, as 30 TAC Chapter 315 adopts 40 CFR Part 403, as amended, except for 40 CFR amended, except for 40 CFR §403.16§403.16

The 2005 Pretreatment Streamlining RuleThe 2005 Pretreatment Streamlining Rule

Guidelines for ImplementationGuidelines for Implementation

EPA has revised and created the following:EPA has revised and created the following:• EPA Model Pretreatment OrdinanceEPA Model Pretreatment Ordinance Pretreatment Streamlining Rule Fact Sheets:Pretreatment Streamlining Rule Fact Sheets:

• 1.0: Summary of Changes Made Under the Streamlining Rule 1.0: Summary of Changes Made Under the Streamlining Rule • 2.0: Required Changes 2.0: Required Changes • 3.0: Equivalent Mass Limits for Concentration Limits3.0: Equivalent Mass Limits for Concentration Limits• 4.0: Equivalent Concentration Limits for Flow-Based Standards4.0: Equivalent Concentration Limits for Flow-Based Standards• 5.0: New Classifications for Categorical Industrial Users (CIUs)5.0: New Classifications for Categorical Industrial Users (CIUs)• 6.0: Optional Sampling Waiver for Pollutants Not Present6.0: Optional Sampling Waiver for Pollutants Not Present• 7.0: Best Management Practices (BMPs)7.0: Best Management Practices (BMPs)• 8.0: Slug Control Plans8.0: Slug Control Plans

Future documents to be revised:Future documents to be revised: Introduction to the National Pretreatment Program Guidance ManualIntroduction to the National Pretreatment Program Guidance Manual Industrial User Permitting Guidance ManualIndustrial User Permitting Guidance Manual

The 2005 Pretreatment Streamlining RuleThe 2005 Pretreatment Streamlining Rule

Required Modifications SummaryRequired Modifications Summary

The EPA has identified several rule changes that may be more The EPA has identified several rule changes that may be more stringent than previous versions of 40 CFR Part 403, and therefore stringent than previous versions of 40 CFR Part 403, and therefore may require changes to approved pretreatment programsmay require changes to approved pretreatment programs

These elements become required modificationsThese elements become required modifications

The 2005 Pretreatment Streamlining RuleThe 2005 Pretreatment Streamlining Rule

Required Modifications SummaryRequired Modifications Summary

The TCEQ has developed the required modifications checklists for submittal of the The TCEQ has developed the required modifications checklists for submittal of the Pretreatment Streamlining Rule revisions:Pretreatment Streamlining Rule revisions:

Required ModificationsRequired Modifications Legal AuthorityLegal Authority Slug Control PlanSlug Control Plan Best Management PracticesBest Management Practices Sampling ProtocolsSampling Protocols

The 2005 Pretreatment Streamlining RuleThe 2005 Pretreatment Streamlining Rule Optional Modifications SummaryOptional Modifications Summary

Once any Pretreatment Streamlining Rule Once any Pretreatment Streamlining Rule optional provisions are adopted into the optional provisions are adopted into the control authority’s (CA) approved control authority’s (CA) approved pretreatment program:pretreatment program: these elements becomethese elements become required required

provisions of the approved pretreatment provisions of the approved pretreatment program program

effective for the CA and industrial users effective for the CA and industrial users (IUs), as applicable(IUs), as applicable

The 2005 Pretreatment Streamlining RuleThe 2005 Pretreatment Streamlining Rule Guidelines for ImplementationGuidelines for Implementation

Caution:Caution: The language in your modifications must The language in your modifications must

adhere to the language in 40 CFR Part adhere to the language in 40 CFR Part 403403

The EPA’s Model Pretreatment Ordinance The EPA’s Model Pretreatment Ordinance provides recommended languageprovides recommended language

The 2005 Pretreatment Streamlining Rule The 2005 Pretreatment Streamlining Rule Revisions to TPDES PermitsRevisions to TPDES Permits

The TCEQ has revised the pretreatment The TCEQ has revised the pretreatment requirements in the TPDES permitsrequirements in the TPDES permits

The Pretreatment Streamlining Rule required The Pretreatment Streamlining Rule required program modifications will be: program modifications will be: required during the next TPDES permit action for the required during the next TPDES permit action for the

“tracking plant” “tracking plant” due within a specified time framedue within a specified time frame

The 2005 Pretreatment Streamlining Rule The 2005 Pretreatment Streamlining Rule Modifications to Pretreatment ProgramsModifications to Pretreatment Programs

TPDES permit revisions include TPDES permit revisions include requirements for:requirements for: Significant noncompliance (SNC) publication Significant noncompliance (SNC) publication

in the newspaper ofin the newspaper of general general circulationcirculation The The frequencyfrequency of slug load evaluation of slug load evaluation Annual report componentsAnnual report components The The frequencyfrequency of inspecting and sampling of inspecting and sampling

Middle Tier Categorical Industrial Users Middle Tier Categorical Industrial Users (MTCIUs)(MTCIUs)

An allocation of pollutants to IUs covered by An allocation of pollutants to IUs covered by the BMPs during technically based local the BMPs during technically based local limits (TBLLs) evaluationlimits (TBLLs) evaluation

NonSubstantial Modifications NonSubstantial Modifications to Pretreatment Programsto Pretreatment Programs

After the TPDES permit is issued, the CA After the TPDES permit is issued, the CA must submit thosemust submit those requiredrequired Pretreatment Pretreatment Streamlining Rule provisions as specified Streamlining Rule provisions as specified in the permit requirementsin the permit requirements

The TCEQ requests thatThe TCEQ requests that Optional Optional provisions be submitted at the same timeprovisions be submitted at the same time

Substantial Modifications to Pretreatment ProgramsSubstantial Modifications to Pretreatment Programs

Optional provisions that are Optional provisions that are less less stringentstringent than current TPDES permit than current TPDES permit requirements include:requirements include: Publication of SNC in the newspaper Publication of SNC in the newspaper

ofof general general circulationcirculation The The frequencyfrequency of slug discharge of slug discharge

control plan evaluationscontrol plan evaluations The The frequencyfrequency of inspecting and of inspecting and

sampling MTCIUssampling MTCIUs

NonSubstantial Modifications to Pretreatment ProgramsNonSubstantial Modifications to Pretreatment Programs

The TCEQ requests that CAs submit the The TCEQ requests that CAs submit the nonsubstantial modifications to their nonsubstantial modifications to their approved pretreatment programs (as a approved pretreatment programs (as a result of the Pretreatment Streamlining result of the Pretreatment Streamlining Rule):Rule): In one packageIn one package With the TCEQ cover sheetWith the TCEQ cover sheet checklist, additional checklists, checklist, additional checklists,

and specified formatand specified format The Pretreatment Streamlining Rule package will be aThe Pretreatment Streamlining Rule package will be a

complete replacement complete replacement of the approved pretreatment of the approved pretreatment programprogram

Is it a NonSub Mod according to

40 CFR 403.18?

Submit to TCEQas a

Sub Mod

Submit to TCEQas a

NonSub Mod

IsTPDES permit

issued with Streamlining provisions?

Implement andEnforce

Modification

TCEQ Accepts NonSub Mod

Yes

No

No

Yes

Obtain City Council

Approval

Obtain City Council

Approval

Admin and Tech

Complete

Admin and Tech

Complete

TCEQ Approves Sub Mod and issues TPDES permit

Does the Mod include provisions less stringent than

current TPDES permit?

YesNo

Pretreatment Streamlining Rule Modifications

Substantial Modifications to Pretreatment ProgramsSubstantial Modifications to Pretreatment Programs

The TPDES permit will need to be reissued The TPDES permit will need to be reissued to incorporate:to incorporate: AnyAny substantial modificationssubstantial modifications that extendthat extend

beyondbeyond the Pretreatment Streamlining Rule the Pretreatment Streamlining Rule provisions, according to 40 CFR §403.18provisions, according to 40 CFR §403.18

Any modifications that cause increased Any modifications that cause increased loadings to the wastewater treatment plant loadings to the wastewater treatment plant (WWTP) are considered (WWTP) are considered substantial substantial modificationsmodifications

Revisions to TPDES Pretreatment PRevisions to TPDES Pretreatment Program rogram Annual ReportsAnnual Reports

The TPDES permits will contain the revised The TPDES permits will contain the revised pretreatment annual report tablespretreatment annual report tables

The CAs will begin designation of The CAs will begin designation of MTCIUs and MTCIUs and Nonsignificant CIUs (NSCIUs) Nonsignificant CIUs (NSCIUs)

in the pretreatment annual report, in the pretreatment annual report, afterafter the the Pretreatment Streamlining Rule Required Pretreatment Streamlining Rule Required modification has been submitted to TCEQ and modification has been submitted to TCEQ and accepted as administratively and technically accepted as administratively and technically completecomplete

The 2005 Pretreatment Streamlining Rule The 2005 Pretreatment Streamlining Rule Changes to Audit and PCI RChanges to Audit and PCI Reviewseviews

Reviews may vary, both in length and Reviews may vary, both in length and complexity:complexity:• All All requiredrequired provisions will be reviewed provisions will be reviewed• Additional information reviewed will Additional information reviewed will

depend on thedepend on the optional provisionsoptional provisions adopted by the CAadopted by the CA

Revisions to TPDES Permit ApplicationsRevisions to TPDES Permit Applications

Worksheet 6.0 of the TPDES domestic Worksheet 6.0 of the TPDES domestic wastewater permit application technical wastewater permit application technical report will be revised to include:report will be revised to include:

NSCIU and MTCIU designationsNSCIU and MTCIU designations

Other optional provisionsOther optional provisions

TPDES Pretreatment Program WebsiteTPDES Pretreatment Program Website

The Pretreatment website is organized as follows: The Pretreatment website is organized as follows: Information for Approved Pretreatment ProgramsInformation for Approved Pretreatment Programs

• Pretreatment Streamlining Rule Required Modification ChecklistsPretreatment Streamlining Rule Required Modification Checklists Information for POTWs without Approved Pretreatment ProgramsInformation for POTWs without Approved Pretreatment Programs TPDES Permit Pretreatment RequirementsTPDES Permit Pretreatment Requirements Industrial Wastewater Discharges to a POTW: Am I Regulated?Industrial Wastewater Discharges to a POTW: Am I Regulated? EPA Pretreatment Categories and StandardsEPA Pretreatment Categories and Standards Reporting Requirements for CIUsReporting Requirements for CIUs Wastewater Pretreatment Training and SeminarsWastewater Pretreatment Training and Seminars Reporting forms, tables, modification checklistsReporting forms, tables, modification checklists

Available on our website:Available on our website: Report forms Report forms

http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretrehttp://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/index.htmlatment/index.html

Pretreatment Streamlining Rule Required Modification Pretreatment Streamlining Rule Required Modification ChecklistsChecklists http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatmehttp://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment/approved_programs_modifications.htmlnt/approved_programs_modifications.html