Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General requirement.
After the deadline for compliance contained in the categorical
pretreatment standard, an industrial user subject to a categorical pretreatment
standard shall submit to the control authority periodic reports on continued
compliance indicating the nature and concentration of pollutants in the
effluent that are limited by categorical pretreatment standards. In cases where
the categorical pretreatment standard requires compliance with a best
management practice or pollution prevention alternative, the industrial user
shall submit documentation required by the control authority or the
pretreatment standard necessary to determine the compliance status of the
industrial user.
Subp. 2.
Frequency of reports.
A. Except
as required in this subpart, the periodic reports on continued compliance under
subpart
1 must be submitted twice per
year, unless required more frequently in the categorical pretreatment standard
or by the control authority. Unless otherwise specified by the control
authority, the reports must be submitted in June and December. At the
discretion of the control authority and in consideration of such factors as
local high or low flow rates, holidays, and budget cycles, the control
authority may agree to alter the months during which the reports in subpart
1 are to be submitted. The
control authority may reduce the monitoring frequency to a requirement to
report no less frequently than once a year, unless required more frequently in
the pretreatment standard or by the agency, when the industrial user meets all
of the following conditions:
(1) the
industrial user's total categorical wastewater flow does not exceed any of the
following:
(a) 0.01 percent of the design dry
weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is
smaller, as measured by a continuous effluent flow monitoring device unless the
industrial user discharges in batches;
(b) 0.01 percent of the design dry weather
organic treatment capacity of the POTW; and
(c) 0.01 percent of the maximum allowable
headworks loading for any pollutant regulated by the applicable categorical
pretreatment standard for which approved local limits were developed by a POTW
under part
7049.0650;
(2) the industrial user has not been in
significant noncompliance at any time in the past two years;
(3) the industrial user does not have daily
flow rates, production levels, or pollutant levels that vary so significantly
that decreasing the reporting requirement for the industrial user would result
in data that are not representative of conditions occurring during the
reporting period according to part
7049.0710; and
(4) the industrial user notifies the control
authority immediately of any changes at its facility causing it to no longer
meet conditions of subitem (1) or (2). Upon notification, the industrial user
shall immediately begin reporting twice annually.
B. The POTW authority shall retain
documentation to support the control authority's determination that a specific
industrial user qualifies for reduced reporting requirements under item A for
three years after the expiration of the term of the control
mechanism.
Subp. 3.
Monitoring waiver.
A. Except as
provided in this subpart, reports submitted under this part shall include data
for all pollutants limited by the applicable categorical standard. 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 the pollutant
due to activities of the industrial user. A waiver under this item must be
issued according to items B to H.
B. The control authority may authorize a
waiver when a 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.
C. The
monitoring waiver is valid only for the duration of the effective period of the
industrial user's individual control mechanism, but in no case longer than five
years. The industrial user shall submit a new request for the waiver before the
waiver can be granted for each subsequent control mechanism.
D. In making a demonstration that a pollutant
is not present, the industrial user must 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 according to part
7049.0220 and include the
certification statement in part
7049.0590. Nondetectable sample
results may only be used as a demonstration that a pollutant is not present if
the Environmental Protection Agency-approved method from Code of Federal
Regulations, title 40, part 136, with the lowest minimum detection level for
that pollutant was used in the analysis.
E. Any grant of the monitoring waiver by the
control authority must be included as a condition in the industrial user's
control mechanism. The reasons supporting the waiver and any information
submitted by the industrial user in its request for the waiver must be
maintained by the control authority for three years after expiration of the
waiver.
F. Upon approval of the
monitoring waiver and revision of the industrial user's control mechanism by
the control authority, the industrial user shall certify, with the following
statement, on each report that there has been no increase in the pollutant in
the industrial user's waste stream 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
40 CFR
403.12(e)(1)."
G. 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 industrial user's operations, the industrial user shall
immediately comply with the monitoring requirements of part
7049.0570, subparts
1 and
2, or other more frequent
monitoring requirements imposed by the control authority, notify the control
authority, and monitor for the previously waived pollutant that is found to be
present.
H. This subpart does not
supersede certification processes and requirements established in categorical
pretreatment standards, except as otherwise specified in the categorical
pretreatment standard.
Subp.
4.
Flow reporting.
The periodic reports on continued compliance must include a
record of measured or estimated average and maximum daily flows for the
reporting period for the discharge subject to the categorical standards and any
other flows necessary to apply the combined waste stream formula as provided in
part
7049.0350. The control authority
may require more detailed reporting of flows.
Subp. 5.
Mass reporting.
If the control authority has imposed mass limitations on
industrial users, the periodic reports on continued compliance shall indicate
the mass of pollutants regulated by categorical pretreatment standards in the
discharge from the industrial user.
Subp. 6.
Production rate
reporting.
Industrial users subject to national categorical pretreatment
standards with limits expressed in terms of allowable pollutant discharge per
unit of production, or other measure of operation, shall submit information on
their production rate. For industrial users subject to equivalent mass or
concentration limits established by the control authority according to part
7049.0300, subpart
2, for categories with
production-based categorical pretreatment standards, the report must contain a
reasonable measure of the user's long-term production rate. For all other
industrial users subject to production-based categorical pretreatment
standards, the report must include the user's actual production during the
reporting period.
