Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 528 - PRETREATMENT PROGRAM
Section 096-528-18 - Modification of POTW Pretreatment Programs [see 40 CFR 403.18]
Universal Citation: 06 ME Code Rules ยง 096-528-18
Current through 2024-38, September 18, 2024
(a) General. Either the Approval Authority or a POTW with an approved POTW Pretreatment Program may initiate program modification at any time to reflect changing conditions at the POTW. Program modification is necessary whenever there is a significant change in the operation of a POTW Pretreatment Program that differs from the information in the POTW's Submission, as approved under Section 11.
(b) Procedures. POTW Pretreatment Program modifications shall be accomplished as follows:
(1) For substantial modifications, as defined
in paragraph (c) of this section:
(i) The
POTW shall submit to the Approval Authority a statement of the basis for the
desired modification, a modified program description (see, Section 10(b)), or
such other documents the Approval Authority determines to be necessary under
the circumstances.
(ii) The
Approval Authority shall approve or disapprove the modification based on the
requirements of Section 9(f), following the procedures in Section
11(b)-(f).
(iii) The modification
shall be incorporated into the POTW's MEPDES permit after approval.
(iv) The modification shall become effective
upon approval by the Approval Authority. Notice of approval shall be published
in the same newspaper as the notice of the original request for approval of the
modification under Section 11(b)(1)(i)(B).
(2) The POTW shall notify the Approval
Authority of any other (i.e., non-substantial) modifications to its
Pretreatment Program at least 30 days prior to when they are to be implemented
by the POTW, in a statement similar to that provided for in paragraph (b)(1)(i)
of this section. Such non-substantial program modifications shall be deemed to
be approved by the Approval Authority, unless the Approval Authority determines
that a modification submitted is in fact a substantial modification, 90 days
after the submission of the POTW's statement. Following such ``approval'' by
the Approval Authority, such modifications shall be incorporated into the
POTW's permit. If the Approval Authority determines that a modification
reported by a POTW in its statement is in fact a substantial modification, the
Approval Authority shall notify the POTW and initiate the procedures in
paragraph (b)(1) of this section.
(c) Substantial modifications.
(1) The following are substantial
modifications for purposes of this section:
(i) Changes to the POTW's legal
authorities;
(ii) Changes to local
limits, which result in less stringent local limits;
(iii) Changes to the POTW's control
mechanism, as described in Section 9(f)(1)(iii);
(iv) Changes to the POTW's method for
implementing categorical Pretreatment Standards (e.g., incorporation by
reference, separate promulgation, etc.);
(v) A decrease in the frequency of
self-monitoring or reporting required of industrial users;
(vi) A decrease in the frequency of
industrial user inspections or sampling by the POTW;
(vii) Changes to the POTW's confidentiality
procedures;
(viii) Significant
reductions in the POTW's Pretreatment Program resources (including personnel
commitments, equipment, and funding levels); and
(ix) Changes in the POTW's sludge disposal
and management practices.
(2) The Approval Authority may designate
other specific modifications, in addition to those listed in paragraph (c)(1)
of this section, as substantial modifications.
(3) A modification that is not included in
paragraph (c)(1) of this section is nonetheless a substantial modification for
purposes of this section if the modification:
(i) Would have a significant impact on the
operation of the POTW's Pretreatment Program;
(ii) Would result in an increase in pollutant
loadings at the POTW; or
(iii)
Would result in less stringent requirements being imposed on Industrial Users
of the POTW.
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