Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Within 60 days after the effective date of a pretreatment standard for a
subcategory under which an indirect user may be included, the indirect user may
request that the control authority provide written determination on whether the
indirect user falls within that particular subcategory. If an existing indirect
user adds or changes a process or operation which may be included in a
subcategory, the existing indirect user shall request this determination prior
to commencing discharge from the added or changed process or operation. A new
source shall request this determination prior to commencing discharge. Each
request shall include:
1. A description of
which subcategories might be applicable;
2. Evidence and reasons why a particular
subcategory is applicable and why others are not applicable; and
3. The following certification over the
signature of the person submitting the request:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
(b) Within 180 days after the
effective date of a categorical pretreatment standard or 180 days after the
final decision by the control authority on the categorical determination
request submitted under (a) above, whichever is later, each existing indirect
user subject to a categorical pretreatment standard and currently discharging
or scheduled to discharge to a local agency shall submit to the control
authority a baseline report. The baseline report shall contain the information
specified in (b)1 through 7 below. New sources and sources that became users
subsequent to the promulgation of an applicable categorical standard shall
submit the information specified in (b)1 through 5 below.
1. Identifying information, specifically the
name and address of the facility and including the name of the operator and
owners;
2. A list of any
environmental control permits held by or for the facility;
3. A brief description of the nature, average
rate of production, and Standard Industrial Classification of the operation(s)
carried out by such indirect user. This description shall include a schematic
process diagram which indicates points of discharge to the local agency from
the regulated processes;
4.
Information showing the measured average daily and maximum daily flow, in
gallons per day, to the local agency's treatment works from each of the
following:
i. Regulated process streams;
and
ii. Other streams as necessary
to allow use of the combined wastestream formula of
N.J.A.C.
7:14A-21.4(h). The control
authority may accept verifiable estimates of these flows instead of measured
flows where justified by cost or feasibility considerations;
5. Pollutant levels measured as
follows:
i. The indirect user shall identify
the pretreatment standards applicable to each regulated process;
ii. The indirect 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 categorical standards to determine compliance with
the standard;
iii. The indirect
user shall take a minimum of one representative sample to compile data
necessary to comply with the requirements of this paragraph;
iv. Samples shall 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 indirect user
shall measure the flows and concentrations necessary to allow use of the
combined wastestream formula of
N.J.A.C.
7:14A-21.4(h) in order to
evaluate compliance with the pretreatment standards. Where an alternative
concentration or mass limit has been calculated in accordance with
N.J.A.C.
7:14A-21.4 this adjusted limit along with
supporting data shall be submitted to the control authority;
v. 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 Department determines
that the 40 CFR Part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed using
validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the local agency or other
parties, approved by the Department;
vi. The control authority may allow the
submission of a baseline report which utilizes only historical data so long as
the data are sufficient to determine the need for industrial pretreatment
measures; and
vii. The baseline
report shall indicate the time, date and place, of sampling, and methods of
analysis, and shall contain a certification from an authorized representative
that such sampling and analysis is representative of normal work cycles and
expected pollutant discharges to the local agency's treatment works;
6. A statement, reviewed by an
authorized representative of the indirect user and certified to by a qualified
professional, as to whether pretreatment standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance
and/or additional pretreatment is required for the indirect user to meet the
pretreatment standards and requirements; and
7. If additional pretreatment and/or
operation and maintenance shall be required to meet the pretreatment standards,
the shortest compliance schedule under which the indirect user shall provide
such additional pretreatment and/or operation and maintenance shall be
submitted. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard.
i. Where the indirect user's categorical
pretreatment standard has been modified by the combined wastestream formula
pursuant to
N.J.A.C.
7:14A-21.4(h) and/or a
fundamentally different factors variance pursuant to
N.J.A.C.
7:14A-21.5 at the time the indirect user
submits the baseline report required under this subsection, the information
required under (b)6 above and this paragraph shall pertain to the modified
limits;
ii. If the categorical
pretreatment standard is modified by the combined wastestream formula pursuant
to N.J.A.C. 7:14A-21.4(h)
and/or a fundamentally different factors
variance pursuant to
N.J.A.C.
7:14A-21.5 after the indirect user submits
the baseline report required under this subsection, any necessary amendments to
the information required under (b)6 above and this paragraph shall be submitted
by the indirect user to the control authority within 60 days after the modified
limit is approved.
(c) Existing sources shall comply with
categorical pretreatment standards within three years of the date the standard
is effective unless a sooner compliance deadline is specified in the applicable
subpart of 40 CFR chapter I, subchapter N. Existing sources which become
indirect users subsequent to promulgation of an applicable categorical
pretreatment standard shall be considered existing indirect users except where
such sources meet the definition of a "new source" under
N.J.A.C.
7:14A-1.2. New sources shall install and have
in operating condition, and shall "start-up" all pollution control equipment
required to meet applicable pretreatment standards, before beginning to
discharge. Within the shortest feasible time, not to exceed 90 days from
commencement of discharge, new sources shall meet all applicable pretreatment
standards.
(d) As conditions to any
compliance schedule for meeting categorical pretreatment standards pursuant to
(b)7 above, the indirect user shall:
1.
Incorporate in the compliance schedule increments of progress described as
dates for the commencement and completion of milestones in the construction and
operation of additional pretreatment as required for the indirect user to meet
the applicable categorical pretreatment standards (for example, hiring an
engineer, completing preliminary plans, completing final plans, executing
contract for major components, commencing construction, completing
construction). No such increment shall exceed nine months; and
2. Not later than 14 days following each date
in the compliance schedule and the final date for compliance, submit a progress
report to the control authority including, at a minimum, whether or not the
indirect user met the increment of progress on such date and, if not, the
anticipated date of compliance with such increment of progress, the reason for
delay, and the steps being taken by the indirect user to resume the
construction schedule established. In no event shall more than nine months
elapse between such progress reports to the control authority.
(e) Within 90 days following the
date for final compliance with applicable categorical pretreatment standards
or, in the case of a new source, within 90 days following commencement of the
introduction of wastewater into the local agency's treatment works, any
indirect user subject to pretreatment standards and requirements shall submit
to the control authority a report containing the information described in (b)4
through 6 above. For indirect users subject to equivalent mass or concentration
limits established by the control authority in accordance with the procedures
in N.J.A.C. 7:14A-21.4, this report shall contain a reasonable measure of the
indirect user's long term production rate. For all other indirect 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 indirect user's actual production during the appropriate
sampling period.
(f) Periodic
reports on continued compliance shall be submitted as follows:
1. Any indirect user subject to a categorical
pretreatment standard (except a non-significant categorical indirect user as
defined at N.J.A.C. 7:14A-1.2), after the
compliance date of such pretreatment standard, or, in the case of a new source,
after commencement of the discharge into the local agency, 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, a report
indicating the nature and concentration of pollutants in the effluent which are
limited by such categorical pretreatment standards. This report shall include a
record of measured or estimated average and maximum daily flows for the
reporting period for the discharge reported in (b)4 above 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 the 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, and budget cycles, the control authority may approve the designation
of months other than June and December during which the above reports are to be
submitted.
2. An indirect user
subject to a categorical pretreatment standard may be authorized by a control
authority to forgo sampling of a pollutant regulated by a categorical
pretreatment standard if the indirect 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
indirect user. This authorization is subject to the following conditions:
i. A monitoring waiver may be authorized
where 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.
ii. The
monitoring waiver shall be valid only for the duration of the effective period
of the permit or other equivalent individual control mechanism, but in no case
longer than five years. The user shall submit a new request for the monitoring
waiver before the waiver can be granted for each subsequent control
mechanism.
iii. In making a
demonstration that a pollutant is not present, the indirect user shall provide
data from at least one sampling of the facility's process wastewater prior to
any treatment provided at the facility that is representative of all wastewater
from all processes. The request for a monitoring waiver shall be signed in
accordance with
N.J.A.C.
7:14A-4.9(a), and include
the certification statement at (a)3 above. Non-detectable sample results may be
used as a demonstration that a pollutant is not present only if the USEPA
approved method from 40 CFR Part 136 with the lowest minimum detection level
for that pollutant was used in the analysis.
iv. The monitoring waiver approved shall be
included as a condition in the user's control mechanism. The reasons supporting
the monitoring waiver and any information submitted by the user in its request
for the waiver shall be maintained by the control authority for five years
after expiration of the waiver.
v.
Upon approval of the monitoring waiver and revision of the user's control
mechanism by the control authority, the indirect user shall certify each
report, using the statement below, that there has been no increase in the
pollutant in its wastestream due to activities of the indirect 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
N.J.A.C.
7:14A-21.3(f)1."
vi. In the event that a pollutant
for which the monitoring waiver has been granted is found to be present or is
expected to be present based on changes that occur in the user's operations,
the user shall immediately notify the control authority and comply with the
monitoring requirements of (f)1 above or other more frequent monitoring
requirements imposed by the control authority.
vii. The provisions of (f)2 above do 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 indirect users as provided for by
N.J.A.C.
7:14A-21.4(h), the report
required under (f)1 above shall indicate the mass of pollutants regulated by
pretreatment standards in the discharge from the indirect user.
4. For indirect users subject to equivalent
mass or concentration limits established by the control authority in accordance
with the procedures in
N.J.A.C.
7:14A-21.4(a), the report
required under (f)1 above shall contain a reasonable measure of the indirect
user's long term production rate. For all other indirect 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 under (f)1 above shall include the indirect user's actual
average production rate for the reporting period.
(g) Monitoring and analysis to demonstrate
continued compliance shall be conducted as follows:
1. Except in the case of non-significant
categorical indirect users, the reports required under (b), (e) and (f) above
and (h) below 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
indirect user. Where the control authority performs the required sampling and
analysis in lieu of the indirect user, the indirect user will not be required
to submit the compliance certification required under (b)6 and (e) above. In
addition, where the control authority itself collects all the information
required for the report, including flow data, the indirect user will not be
required to submit the report required under (b), (e) and (f) above and (h)
below.
2. If sampling performed by
an indirect user indicates a violation of pretreatment standards, the indirect
user shall notify the control authority within 24 hours of becoming aware of
the violation. The indirect user shall 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 indirect user, the control
authority shall 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 conducts sampling of the indirect user's discharge at a frequency of
at least once per month; or
ii. The
control authority conducts sampling of the indirect user's discharge between
the time when the initial sampling was conducted and the time when the indirect
user or the control authority receives the results of this sampling.
3. The reports required under (b),
(e), and (f) above and (h) below shall 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 monitoring at a frequency
necessary to assess and ensure compliance by indirect users with applicable
pretreatment standards and requirements. Sampling shall be as follows:
i. Grab samples shall be used for pH,
cyanide, total phenols, oil and grease, sulfide, and volatile organic
compounds.
ii. For all pollutants
not in (g)3i above, 24-hour composite samples shall be obtained through
flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the control
authority.
iii. Where
time-proportional composite sampling or grab sampling is authorized by the
control authority, the samples shall be representative of the discharge and the
decision to allow the alternative sampling shall be documented in the indirect
user file for that facility or facilities.
iv. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate USEPA guidance,
multiple grab samples collected during a 24-hour period may be composited prior
to the analysis as follows:
(1) For cyanide,
total phenols, and sulfides, the samples may be composited in the laboratory or
in the field.
(2) For volatile
organics and oil and grease, the samples may be composited in the
laboratory.
(3) Composite samples
for other parameters unaffected by the compositing procedures as documented in
approved USEPA 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 (b) and (e)
above, a minimum of four grab samples shall be used for pH, cyanide, total
phenols, oil and grease, sulfide and volatile organic compounds for facilities
for which historical sampling data do not exist; for facilities for which
historical sampling data are available, the control authority may authorize a
lower minimum where historical data is representative of the current discharge
and demonstrates compliance. For the reports required by (f) above and (h)
below, the number of grab samples necessary to assess and ensure compliance
with applicable pretreatment standards and requirements shall be determined by
the control authority.
5. All
analyses shall be performed in accordance with procedures contained in 40 CFR
Part 136, as amended, or with any other test procedures approved by the
Department. Sampling shall be performed in accordance with the techniques
approved by the Department. Where 40 CFR Part 136 does not include sampling or
analytical techniques for the pollutants in question, or where the Department
determines that the 40 CFR 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 control authority,
local agency or the indirect user, approved by the Department.
6. If an indirect user subject to the
reporting requirement in (f) above and (h) below monitors any regulated
pollutant at the appropriate sampling location more frequently than required by
the control authority, using the procedures prescribed in (g)5 above, the
results of this monitoring shall be included in the report.
(h) Significant indirect users as
defined in N.J.A.C. 7:14A-1.2 shall submit to
the control authority at least once each month (on dates specified by the
control authority) a description of the nature, concentration, and flow of the
pollutants required by the control authority to be reported. These reports
shall be based on sampling and analysis performed in the period covered by the
report, and in accordance with the techniques described in 40 CFR Part 136, as
amended. This sampling and analysis may be performed by the control authority
in lieu of the significant indirect user. In cases where a local limit requires
compliance with a best management practice or pollution prevention alternative,
the user shall submit documentation required by the control authority to
determine the compliance status of the user.
(i) Requirements for notification regarding
hazardous waste are as follows:
1. The
indirect user shall notify the local agency, the USEPA Regional Waste
Management Division Director, and the Department's Division of Solid and
Hazardous Waste in writing of any discharge into the local agency's treatment
works of a substance, which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261. Such notification shall include the name of the
hazardous waste as set forth in 40 CFR Part 261, the USEPA hazardous waste
number, and the type of discharge (continuous, batch, or other). If the
indirect user discharges more than 100 kilograms of such waste per calendar
month to the local agency's treatment works, the notification shall also
contain the following information to the extent such information is known and
readily available to the indirect 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 12 months. Indirect
users who commence discharging after the effective date of this chapter shall
provide the notification no later than 180 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,
notification of changed discharges must be submitted under (j) below. The
notification requirement in this section does not apply to pollutants already
reported under the self-monitoring requirements of (b), (e) and (f)
above.
2. Dischargers are exempt
from the requirements of (i)1 above during a calendar month in which they
discharge no more than 15 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 15 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. Additional notification is not required in
subsequent months during which the indirect user discharges more than such
quantities of any hazardous waste.
3. In the case of any new promulgated
regulation under section 3001 of RCRA or the State's Solid Waste Management Act
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the indirect user shall notify the
local agency, the USEPA Regional Waste Management Waste Division Director, and
the Division of Solid and Hazardous Waste of the discharge of such substance
within 90 days of the effective date of such regulation.
4. In the case of any notification made under
this subsection, the indirect user shall certify that it has a program in place
to reduce the volume and toxicity of hazardous waste generated to the degree it
has determined to be economically practical.
(j) All indirect users shall promptly notify
the control authority (and the local agency if the local agency 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 indirect user has submitted
initial notification pursuant to (i) above.
(k) A facility determined to be an NSCIU
pursuant to
N.J.A.C.
7:14A-21.9(g) shall
annually submit an NSCIU report that includes:
1. The following certification statement:
"Based on my inquiry of the person or persons directly
responsible for managing compliance with the categorical pretreatment standards
under 40 CFR ____, I certify that, to the best of my knowledge and belief that
during the period from (month, day, year) to (month, day, year): (a) The
facility described as (facility name) met the definition of a non-significant
categorical indirect user as described in
N.J.A.C.
7:14A-21.9(g); (b) the
facility complied with all applicable pretreatment standards and requirements
during this reporting period; and (c) the facility never discharged more than
100 gallons of total categorical wastewater on any given day during this
reporting period. This compliance certification is based upon the following
information: (user shall list supporting information).";
2. Information necessary to support the
certification statement; and
3. A
signature in accordance with
N.J.A.C.
7:14A-4.9(a).
