Current through 2024-38, September 18, 2024
(a) Definition. The
term Control Authority as it is used in this section refers to: (1) The POTW if
the POTW's Submission for its pretreatment program (Section 4(t)(1)) has been
approved in accordance with the requirements of Section 11; or(2) the Approval
Authority if the Submission has not been approved.
(b) Reporting requirements for industrial
users upon effective date of categorical pretreatment standard--baseline
report. Within 180 days after the effective date of a categorical Pretreatment
Standard, or 180 days after the final administrative decision made upon a
category determination submission under Section 7(a)(4), whichever is later,
existing Industrial Users subject to such categorical Pretreatment Standards
and currently discharging to or scheduled to discharge to a POTW shall be
required to submit to the Control Authority a report which contains the
information listed in paragraphs (b)(1)-(7) of this section. At least 90 days
prior to commencement of discharge, New Sources, and sources that become
Industrial Users subsequent to the promulgation of an applicable categorical
Standard, shall be required to submit to the Control Authority a report which
contains the information listed in paragraphs (b)(1)-(5) of this section. New
sources shall also be required to include in this report information on the
method of pretreatment the source intends to use to meet applicable
pretreatment standards. New Sources shall give estimates of the information
requested in paragraphs (b) (4) and (5) of this section:
(1) Identifying information. The User shall
submit the name and address of the facility including the name of the operator
and owners;
(2) Permits. The User
shall submit a list of any environmental control permits held by or for the
facility;
(3) Description of
operations. The User shall submit a brief description of the nature, average
rate of production, and Standard Industrial Classification of the operation(s)
carried out by such Industrial User. This description should include a
schematic process diagram which indicates points of Discharge to the POTW from
the regulated processes.
(4) Flow
measurement. The User shall submit information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from each of the
following:
(i) Regulated process streams;
and
(ii) Other streams as necessary
to allow use of the combined wastestream formula of Section 7(e). (See
paragraph (b)(5)(v) of this section.)
The Control Authority may allow for verifiable estimates of
these flows where justified by cost or feasibility considerations.
(5) Measurement of
pollutants.
(i) The user shall identify the
Pretreatment Standards applicable to each regulated process;
(ii) In addition, the User shall submit the
results of sampling and analysis identifying the nature and concentration (or
mass, where required by the Standard or Control Authority) of regulated
pollutants in the Discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported. The sample
shall be representative of daily operations. In cases where the standard
requires compliance with a Best Management Practice or pollution prevention
alternative, the User shall submit documentation as required by the Control
Authority or the applicable Standards to determine compliance with the
Standard;
(iii) A minimum of four
(4) grab samples must be used for pH, cyanide, total phenols, oil and grease,
sulfide, and volatile organics. For all other pollutants, 24-hour composite
samples must be obtained through flow-proportional composite sampling
techniques where feasible. The Control Authority may waive flow-proportional
composite sampling for any Industrial User that demonstrates that
flow-proportional sampling is infeasible. In such cases, samples may be
obtained through time-proportional composite sampling techniques or through a
minimum of four (4) grab samples where the User demonstrates that this will
provide are representative sample of the effluent being discharged.
(iv) The User shall take a minimum of one
representative sample to compile that data necessary to comply with the
requirements of this paragraph.
(v)
Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment the User should measure the flows and
concentrations necessary to allow use of the combined wastestream formula of
Section 7(e) in order to evaluate compliance with the Pretreatment Standards.
Where an alternate concentration or mass limit has been calculated in
accordance with Section 7(e) this adjusted limit along with supporting data
shall be submitted to the Control Authority;
(vi) Sampling and analysis shall be performed
in accordance with the techniques prescribed in 40 CFR part 136 and amendments
thereto. Where 40 CFR part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the Administrator determines
that the part 136 sampling and analytical techniques are inappropriate for the
pollutant in question, sampling and analysis shall be performed by using
validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the POTW or other parties,
approved by the Administrator;
(vii) The Control Authority may allow the
submission of a baseline report which utilizes only historical data so long as
the data provides information sufficient to determine the need for industrial
pretreatment measures;
(viii) The
baseline report shall indicate the time, date and place, of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to the
POTW;
(6) Certification.
A statement, reviewed by an authorized representative of the Industrial User
(as defined in paragraph (k) of this section) and certified to by a qualified
professional, indicating whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O
and M) and/or additional pretreatment is required for the Industrial User to
meet the Pretreatment Standards and Requirements; and
(7) Compliance schedule. If additional
pretreatment and/or O and M will be required to meet the Pretreatment
Standards; the shortest schedule by which the Industrial User will provide such
additional pretreatment and/or O and M. The completion date in this schedule
shall not be later than the compliance date established for the applicable
Pretreatment Standard.
(i) Where the
Industrial User's categorical Pretreatment Standard has been modified by a
removal allowance (Section 8), the combined wastestream formula (Section 7(e)
), and/or a Fundamentally Different Factors variance (Section 13) at the time
the User submits the report required by paragraph (b) of this section, the
information required by paragraphs (b)(6) and (7) of this section shall pertain
to the modified limits.
(ii) If the
categorical Pretreatment Standard is modified by a removal allowance (Section 8
), the combined wastestream formula(Section 7(e)), and/or a Fundamentally
Different Factors variance(Section 13) after the User submits the report
required by paragraph (b) of this section, any necessary amendments to the
information requested by paragraphs (b)(6) and (7) of this section shall be
submitted by the User to the Control Authority within 60 days after the
modified limit is approved.
(c) Compliance schedule for meeting
categorical pretreatment standards. The following conditions shall apply to the
schedule required by paragraph (b)(7) of this section:
(1) The schedule shall contain increments of
progress in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the Industrial User to meet the applicable categorical
pretreatment standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
(2) No increment referred to in paragraph
(c)(1) of this section shall exceed 9 months.
(3) Not later than 14 days following each
date in the schedule and the final date for compliance, the Industrial User
shall submit a progress report to the Control Authority including, at a
minimum, whether or not it complied with the increment of progress to be met on
such date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken by the
Industrial User to return the construction to the schedule established. In no
event shall more than 9 months elapse between such progress reports to the
Control Authority.
(d)
Report on compliance with categorical pretreatment standard deadline. Within 90
days following the date for final compliance with applicable categorical
Pretreatment Standards or in the case of a New Source following commencement of
the introduction of wastewater into the POTW, any Industrial User subject to
Pretreatment Standards and Requirements shall submit to the Control Authority a
report containing the information described in paragraphs (b) (4)-(6) of this
section. For Industrial Users subject to equivalent mass or concentration
limits established by the Control Authority in accordance with the procedures
in Section 7(c), this report shall contain a reasonable measure of the User's
long term production rate. For all other Industrial Users subject to
categorical Pretreatment Standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation), this report
shall include the User's actual production during the appropriate sampling
period.
(e) Periodic reports on
continued compliance.
(1) Any Industrial User
subject to a categorical Pretreatment Standard, after the compliance date of
such Pretreatment Standard, or, in the case of a New Source, after commencement
of the discharge into the POTW, shall submit to the Control Authority during
the months of June and December, unless required more frequently in the
Pretreatment Standard or by the Control Authority or the Approval Authority, a
report indicating the nature and concentration of pollutants in the effluent
which are limited by such categorical Pretreatment Standards. In addition, this
report shall include a record of measured or estimated average and maximum
daily flows for the reporting period for the Discharge reported in paragraph
(b)(4) of this section except that the Control Authority may require more
detailed reporting of flows. In cases where the Pretreatment Standard requires
compliance with a Best Management Practice (or pollution prevention
alternative), the User shall submit documentation required by the Control
Authority or the Pretreatment Standard necessary to determine compliance status
of the User. At the discretion of the Control Authority and in consideration of
such factors as local high or low flow rates, holidays, budget cycles, etc.,
the Control Authority may agree to alter the months during which the above
reports are to be submitted.
(2)
The Control Authority may authorize the Industrial User subject to a
categorical Pretreatment Standard to forego sampling of a pollutant regulated
by a categorical Pretreatment Standard if the Industrial User has demonstrated
through sampling and other technical factors that the pollutant is neither
present nor expected to be present in the Discharge, or is present only at
background levels from intake water and without any increase in pollutant due
to activities of the Industrial User. This authorization is subject to the
following conditions:
(i) The Control
Authority may authorize a waiver where the pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility provided
that the sanitary wastewater is not regulated by an applicable categorical
Standard and otherwise includes no process wastewater.
(ii) The monitoring waiver is valid only for
the duration of the effective period of the Permit or other other equivalent
individual control mechanism, but in no case longer than 5 years. The User
shall submit a new request for the waiver before the waiver can be granted for
each subsequent control mechanism.
(iii) In making a demonstration that a
pollutant is not present, the Industrial User shall provide data from at least
one sampling of the facility's process wastewater prior to any treatment
present at the facility that is representative of all wastewater from all
processes. The request for a monitoring waiver must be signed in accordance
with paragraph (1) of this section, and include the certification statement in
Section7(a)(2)(ii). Non-detectable sampling results may be used as a
demonstration that a pollutant is not present if the EPA approved method from
40 CFR Part 136 with the lowest minimum detection level for that pollutant was
used in the analysis.
(iv) Any
grant of the monitoring waiver by the Control Authority must be included as a
condition of the User's control mechanism. The reasons supporting the waiver
and any information submitted by the User in it's request for the waiver must
be maintained by the Control Authority for 3 years after the expiration of the
waiver.
(v) Upon approval of the
monitoring waiver and revision of the User's control mechanism by the Control
Authority, the Industrial User must certify on each report with the statement
below, that there has been no increase in the pollutant in its wastestream due
to activities of the Industrial User:
Based on my inquiry of the person or persons directly
responsible for managing compliance with the Pretreatment Standard for 40 CFR
______ [specify applicable National Pretreatment Standard part(s)], I certify
that, to the best of my knowledge and belief, there has been no increase in the
level of [list pollutant(s)] in the wastewaters due to the activities at the
facility since filing of the last periodic report under Section
12(e)(1).
(vi) In the event
that a waived pollutant is found to be present or is expected to be present
based on changes that occur in the User's operations, the User must
immediately: Comply with the monitoring requirements of paragraph (e)(1) of
this section or other more frequent monitoring requirements imposed by the
Control Authority, and notify the Control Authority.
(vii)This provision does not supersede
certification processes and requirements established in categorical
Pretreatment Standards, except as otherwise specified in the categorical
Pretreatment Standard.
(3)Where the Control Authority has imposed
mass limitations on Industrial Users as provided for by Section 7(d), the
report required by paragraph (e)(1) of this section shall indicate the mass of
pollutants regulated by Pretreatment Standards in the Discharge from the
Industrial User.
(4)For Industrial
Users subject to equivalent mass or concentration limits established by the
Control Authority in accordance with the procedures in Section 7(c), the report
required by paragraph(e)(1) shall contain a reasonable measure of the User's
long term production rate. For all other Industrial Users subject to
categorical Pretreatment Standards expressed only in terms of allowable
pollutant discharge per unit of production (or other measure of operation), the
report required by paragraph (e)(1) shall include the User's actual average
production rate for the reporting period.
(f) Notice of potential problems, including
slug loading. All categorical and non-categorical Industrial Users shall notify
the POTW immediately of all discharges that could cause problems to the POTW,
including any slug loadings, as defined by Section 6(b), by the Industrial
User.
(g) Monitoring and analysis
to demonstrate continued compliance.
(1) The
reports required in paragraphs (b), (d), and (e) of this section shall contain
the results of sampling and analysis of the Discharge, including the flow and
the nature and concentration, or production and mass where requested by the
Control Authority, of pollutants contained therein which are limited by the
applicable Pretreatment Standards. This sampling and analysis may be performed
by the Control Authority in lieu of the Industrial User. Where the POTW
performs the required sampling and analysis in lieu of the Industrial User, the
User will not be required to submit the compliance certification required under
Section 12(b)(6) and Section 12(d). In addition, where the POTW itself collects
all the information required for the report, including flow data, the
Industrial User will not be required to submit the report.
(2) If sampling performed by an Industrial
User indicates a violation, the user shall notify the Control Authority within
24 hours of becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis to the
Control Authority within 30 days after becoming aware of the violation.Where
the Control Authority has performed the sampling and analysis in lieu of the
Industrial User, the Control Authority must perform the repeat sampling and
analysis unless it notifies the User of the violation and requires the User to
perform the repeat analysis. Resampling is not required if:
(i) The Control Authority performs sampling
at the Industrial User at a frequency of at least once per month, or
(ii) The Control Authority performs sampling
at the User between the time when the initial sampling was conducted and the
time when the User or the Control Authority receives the results of this
sampling.
(3) The
reports required in paragraphs (b), (d), (e), and (h) of this section must be
based upon data obtained through appropriate sampling and analysis performed
during the period covered by the report, which data are representative of
conditions occurring during the reporting period. the Control Authority shall
require that frequency of monitoring necessary to assess and assure compliance
by Industrial Users with applicable Pretreatment Standards and Requirements.
Grab samples must be used for pH, cyanide, total phenols, oil and grease,
sulfide, and volatile organic compounds. For all other pollutants, 24-hour
composite samples must be obtained through flow-proportional composite sampling
techniques, unless time-proportional composite sampling or grab sampling is
authorized by the Control Authority. Where time-proportional composite sampling
or grab sampling is authorized by the Control Authority, the samples must be
representative of the discharge, and the decision to allow the alternative
sampling must be documented in the Industrial User file for that facility or
facilities. Using protocols (including appropriate preservation) specified in
40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected
during a 24-hour period may be composited prior to analysis as follows: For
cyanide, total phenols, and sulfides the samples may be composited in the
laboratory or in the field: for volatile organics and oil & grease the
samples may be composited in the laboratory. Composite samples for other
parameters unaffected by the compositing procedures as documented in approved
EPA methodologies may be authorized by the Control Authority, as
appropriate.
(4) For sampling
required in support of baseline monitoring and 90-day compliance reports
required in paragraphs (b) and (d) of this section, a minimum of four (4) grab samples must
be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile
organic compounds for facilities for which historic sampling data do not exist;
for facilities for which historic sampling data are available, the Control
Authority may authorize a lower minimum. For the reports required by paragraphs
(e) and (h) of this section, the Control
Authority shall require the number of grab samples necessary to assess and
assure compliance by Industrial Users with applicable Pretreatment Standards
and requirements.
(5)All analyses
shall be performed in accordance with procedures established by the
Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR
part 136 and amendments thereto or with any other test procedures approved by
the Administrator. (See Sections 136.4 and 136.5.) Sampling shall be performed
in accordance with the techniques approved by the Administrator. Where 40 CFR
part 136 does not include sampling or analytical techniques for the pollutants
in question, or where the Administrator determines that the part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed using validated analytical methods or
any other sampling and analytical procedures, including procedures suggested by
the POTW or other parties, approved by the Administrator.
(6)If an Industrial User subject to the
reporting requirements in paragraphs (e) or (h) of this section monitors any
regulated pollutant at the appropriate location more frequently than required
by the Control Authority, using the procedures prescribed in paragraph (g)(5)
of this section, the results of this monitoring shall be included in the
report.
(h) Reporting
requirements for Industrial Users not subject to categorical Pretreatment
Standards. The Control Authority shall require appropriate reporting from those
Industrial Users with discharges that are not subject to categorical
Pretreatment Standards. Significant Non categorical Industrial Users
shal submit to the Control Authority at
least once every six months (on dates specified by the Control Authority) a
description of the nature, concentration, and flow of the pollutants required
to be reported by the Control Authority. In cases where a local limit requires
compliance with a Best Management Practice or pollution prevention alternative,
the User must submit documentation required by the Control Authority to
determine the compliance status of the User. These reports must be based on
sampling and analysis performed in the period covered by the report, and
performed in accordance with the techniques described in 40 CFR part 136 and
amendments thereto. This sampling and analysis may be performed by the Control
Authority in lieu of the significant non categorical industrial user.
(i) Annual POTW reports. POTWs with approved
Pretreatment Programs shall provide the Approval Authority with a report that
briefly describes the POTW's program activities, including activities of all
participating agencies, if more than one jurisdiction is involved in the local
program. The report required by this section shall be submitted no later than
one year after approval of the POTW's Pretreatment Program, and at least
annually thereafter, and shall include, at a minimum, the following:
(1) An updated list of the POTW's Industrial
Users, including their names and addresses, or a list of deletions and
additions keyed to a previously submitted list. The POTW shall provide a brief
explanation of each deletion. This list shall identify which Industrial Users
are subject to categorical pretreatment Standards and specify which Standards
are applicable to each Industrial User. The list shall indicate which
Industrial Users are subject to local standards that are more stringent than
the categorical Pretreatment Standards. The POTW shall also list the Industrial
Users that are subject only to local Requirements.
(2) A summary of the status of Industrial
User compliance over the reporting period;
(3) A summary of compliance and enforcement
activities (including inspections) conducted by the POTW during the reporting
period; and
(4) Any other relevant
information requested by the Approval Authority.
(j) Notification of changed discharge. All
Industrial Users shall promptly notify the Control Authority (and the POTW if
the POTW is not the Control Authority) in advance of any substantial change in
the volume or character of pollutants in their discharge, including the listed
or characteristic hazardous wastes for which the Industrial User has submitted
initial notification under Section 12(p).
(k) Compliance schedule for POTW's. The
following conditions and reporting requirements shall apply to the compliance
schedule for development of an approvable POTW Pretreatment Program required by
Section 9.
(1) The schedule shall contain
increments of progress in the form of dates for the commencement and completion
of major events leading to the development and implementation of a POTW
Pretreatment Program (e.g., acquiring required authorities, developing funding
mechanisms, acquiring equipment);
(2) No increment referred to in paragraph
(h)(1) of this section shall exceed nine months;
(3) Not later than 14 days following each
date in the schedule and the final date for compliance, the POTW shall submit a
progress report to the Approval Authority including, as a minimum, whether or
not it complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps taken by the POTW to return to the schedule
established. In no event shall more than nine months elapse between such
progress reports to the Approval Authority.
(l) Signatory requirements for industrial
user reports. The reports required by paragraphs (b), (d), and (e) of this
section shall include the certification statement as set forth in Section
7(a)(2)(ii), and shall be signed as follows:
(1) By a responsible corporate officer, if
the Industrial User submitting the reports required by paragraphs (b), (d) and
(e) of this section is a corporation. For the purpose of this paragraph, a
responsible corporate officer means (i) a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making functions
for the corporation, or (ii) the manager of one or more manufacturing,
production, or operating facilities, provided the manager is authorized to make
management decisions that govern the operation of the regulated facility. This
authorization shall include having the explicit or implicit duty of making
major capital investment recommendations, and the initiation and direction of
other comprehensive measures to assure long-term compliance with environmental
laws and regulations. Additionally, the manager shall ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for control mechanism requirements; finally, authority to sign
documents and thus bind the corporation has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the
Industrial User submitting the reports required by paragraphs (b), (d) and (e)
of this section is a partnership or sole proprietorship respectively.
(3) By a duly authorized representative of
the individual designated in paragraph (l)(1) or (l)(2) of this section if:
(i) The authorization is made in writing by
the individual described in paragraph (l)(1) or (l)(2);
(ii) The authorization specifies either an
individual or a position having responsibility for the overall operation of the
facility from which the Industrial Discharge originates, such as the position
of plant manager, operator of a well, or well field superintendent, or a
position of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
(iii) the written authorization is submitted
to the Control Authority.
(4) If an authorization under paragraph
(l)(3) of this section is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility, or
overall responsibility for environmental matters for the company, a new
authorization satisfying the requirements of paragraph (l)(3) of this section
must be submitted to the Control Authority prior to or together with any
reports to be signed by an authorized representative.
(m) Signatory requirements for POTW reports.
Reports submitted to the Approval Authority by the POTW in accordance with
paragraph (i) of
this section must be signed by a principal executive officer, ranking elected
official or other duly authorized employee. The duly authorized employee must
be an individual or position having responsibility for the overall operation of
the facility or the Pretreatment Program. This authorization must be made in
writing by the principle executive officer or ranking elected official, and
submitted to the Approval Authority prior to or together with the report being
submitted.
(n) Provisions Governing
Fraud and False Statements: The reports and other documents required to be
submitted or maintained under this section shall:
(1) be subject to the provisions of 38 MRSA
§349 governing false statements, representation or
certification;
(2) [reserved];
and
(3) for the purposes of this
section, the term "person" means, in addition to the definition contained in
Chapter 520, any responsible corporate officer.
(o) Record-keeping requirements.
(1) Any Industrial User and POTW subject to
the reporting requirements established in this section shall maintain records
of all information resulting from any monitoring activities required by this
section, including documentation associated with Best Management Practices.
Such records shall include for all samples:
(i) The date, exact place, method, and time
of sampling and the names of the person or persons taking the
samples;
(ii) The dates analyses
were performed;
(iii) Who performed
the analyses;
(iv) The analytical
techniques/methods use; and
(v) The
results of such analyses.
(2) Any Industrial User or POTW subject to
the reporting requirements established in this section (including documentation
associated with Best Management Practices) shall be required to retain for a
minimum of 3 years any records of monitoring activities and results(whether or
not such monitoring activities are required by this section)and shall make such
records available for inspection and copying by the Department and the Regional
Administrator (and POTW in the case of an Industrial User). This period of
retention shall be extended during the course of any unresolved litigation
regarding the Industrial User or POTW or when requested by the Department or
the Regional Administrator.
(3) Any
POTW to which reports are submitted by an Industrial User pursuant to
paragraphs (b), (d), (e), and (h) of this section shall retain such reports for
a minimum of 3 years and shall make such reports available for inspection and
copying by the Department and the Regional Administrator. This period of
retention shall be extended during the course of any unresolved litigation
regarding the discharge of pollutants by the Industrial User or the operation
of the POTW Pretreatment Program or when requested by the Department or the
Regional Administrator.
(p) Unless authorized by Maine Hazardous
Waste Management Rules, Chapters 850 through 857, there shall be no discharge
of hazardous wastes to any POTW.
(1) The
Industrial User shall notify the POTW, the EPA Regional Waste Management
Division Director, and State hazardous waste authorities in writing of any
discharge into the POTW of a substance which is authorized for discharge to the
POTW pursuant to the Hazardous Waste Management Rules, Chapters 850 through
857. Such notification must include the name of the hazardous waste as set
forth in 40 CFR part 261, the EPA hazardous waste number, and the type of
discharge (continuous, batch, or other). If the Industrial User discharges more
than 100 kilograms of such waste per calendar month to the POTW, the
notification shall also contain the following information to the extent such
information is known and readily available to the Industrial User: An
identification of the hazardous constituents contained in the wastes, an
estimation of the mass and concentration of such constituents in the
wastestream discharged during that calendar month, and an estimation of the
mass of constituents in the wastestream expected to be discharged during the
following twelve months. All notifications must take place within 180 days of
the effective date of this rule. Industrial users who commence discharging
after the effective date of this rule shall provide the notification no later
than180 days after the discharge of the listed or characteristic hazardous
waste. Any notification under this paragraph need be submitted only once for
each hazardous waste discharged. However, notifications of changed discharges
must be submitted under Section 12(j). The notification requirement in this
section does not apply to pollutants already reported under the self-monitoring
requirements of Section 12(b),(d), and (e).
(2) Dischargers authorized to discharge to
the POTW pursuant to the Hazardous Waste Management Rules, Chapters 850 through
857 are exempt from the requirements of paragraph (p)(1) of this section during
a calendar month in which they discharge no more than fifteen kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in
40 CFR
261.30(d) and
261.33(e).
Discharge of more than fifteen kilograms of non-acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes as specified in
40 CFR
261.30(d) and
261.33(e),
requires a one-time notification.
Subsequent months during which the Industrial User discharges
more than such quantities of any hazardous waste do not require additional
notification.
(3) In the
case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the Industrial User must notify the
POTW, the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within 90 days
of the effective date of such regulations.
(4) In the case of any notification made
under paragraph (p) of this section, the Industrial User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically
practical.
