Current through Register Vol. 48, No. 9, September 27, 2024
(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 403(6)(a)(4)(6)(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 paragraph (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 waste stream formula of section 403.6(f)(f). (See
paragraph (b)(5)(iv) 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) The User shall take
a minimum of one representative sample to compile that data necessary to comply
with the requirements of this paragraph.
(iv) 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
waste stream formula of section 403.6(f)(f), in order to evaluate compliance
with the Pretreatment Standards. Where an alternate concentration or mass limit
has been calculated in accordance with section 403.6(f)(f) 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
Administrator or Department 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 or
Department.
(vi) 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;
(vii) 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
(l) of this section) and certified by a qualified professional, indicating
whether Pretreatment Standards are being met on a consistent basis, and, if
not, whether additional operation and maintenance (O & 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 & 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 & 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 the combined waste stream formula
(section 403.6(f)(f)), and/or a Fundamentally Different Factors variance
(section 403.13) 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 403.7), the combined waste stream
formula (section 403.6(f)(f)), and/or a Fundamentally Different Factors
variance (section 403.13) 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 be submitted by the Industrial 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 403.6(d)(d), 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 (except a Non-Significant
Categorical User as defined in section 403.3(o)(2)), 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
Department, 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 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, budget
cycles, etc., the Control Authority may modify the months during which the
above reports are to be submitted. For Industrial Users for which EPA or the
authorized State, tribe, or territory is the Control Authority, as of December
21, 2020, all reports submitted in compliance with this section must be
submitted electronically by the industrial user to the Control Authority or
initial recipient, as defined in
40
CFR 127.2(b), in compliance
with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part
3),
40
CFR 122.22, and 40 CFR Part 127. Part 127 is
not intended to undo existing requirements for electronic reporting. Prior to
this date, and independent of Part 127, the Industrial Users for which EPA or
the authorized State, tribe, or territory is the Control Authority may be
required to report electronically if specified by a particular control
mechanism or if required to do so by State law.
(2) The Control Authority may with prior
Department approval 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. This authorization is subject to the
following conditions:
(i) The Control
Authority may with prior Department approval authorize a waiver 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 and the POTW does not have an effluent NPDES limit for this
pollutant.
(ii) The monitoring
waiver is valid only for the duration of the effective period of the Permit or
other equivalent individual control mechanism, but in no case longer than 5
years. The User must submit a new request for the waiver before the waiver can
with prior Department approval be granted for each subsequent control
mechanism.
(iii) 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 in
accordance with paragraph (l) of this section and include the certification
statement in section 403.6(b)(2)(ii)(b)(2)(ii). Non-detectable sample results
may only 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, or at the lowest Practical
Quantitation Limit specified by the Department, whichever is lower.
(iv) Any grant of the monitoring waiver by
the Control Authority must be included as a condition in the User's control
mechanism. The reasons supporting the waiver and any information submitted by
the User in its request for the waiver must be maintained by the Control
Authority for 3 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
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 waste streams
due to the activities at the facility since filing of the last periodic report
under S.C. R.61-9.403.12(e)(1)(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 and the Department.
(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) The Control Authority may reduce the
requirement in paragraph (e)(1) of this section to a requirement to report no
less frequently than once a year, unless required more frequently in the
Pretreatment Standard or by the Department, where the Industrial User meets all
of the following conditions:
(i) 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
in accordance with section 403.5(c)(c) and paragraph (d) of this section
;
(ii) The Industrial
User has not been in significant noncompliance, as defined in
section403.8(f)(2)(vii)(f)(2)(vii), for any time in the past two
years;
(iii) The Industrial User
does not have daily flow rates, production levels, or pollutant levels that
vary so significantly that decreasing the reporting requirement for this
Industrial User would result in data that are not representative of conditions
occurring during the reporting period pursuant to paragraph (g)(3) of this
section ;
(iv) The Industrial User
must notify the Control Authority immediately of any changes at its facility
causing it to no longer meet conditions of paragraphs (e)(3)(i) or (ii) of this
section. Upon notification, the Industrial User must immediately begin
complying with the minimum reporting in paragraph (e)(1) of this section ;
and
(v) The Control Authority must
retain documentation to support the Control Authority's determination that a
specific Industrial User qualifies for reduced reporting requirements under
paragraph (e)(3) of this section for a period of 3 years after the expiration
of the term of the control mechanism.
(4) For Industrial Users subject to
equivalent mass or concentration limits established by the Control Authority in
accordance with the procedures in section 403.6(d)(d), 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 403.5(b)(b), by the
Industrial User.
(g) Monitoring and
analysis to demonstrate continued compliance.
(1) Except in the case of Non-Significant
Categorical Users, the reports required in paragraphs (b), (d), (e), and (h) 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 403.12(b)(6)(b)(6) and
section403.12(d)(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 with approval by the
Department, 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 the 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 historical sampling data do not exist; for
facilities for which historical sampling data are available, the Control
Authority may with approval by the Department 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 section304(h)(h) of CWA contained in 40 CFR Part 136
and amendments thereto or with any other test procedures approved by the
Administrator. (See, section 136.4 and section 136.5) 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 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 requirement in paragraph (e) or (h) of this
section monitors any regulated pollutant at the appropriate sampling 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
must require appropriate reporting from those Industrial Users with Discharges
that are not subject to categorical Pretreatment Standards. Significant
Non-categorical Industrial Users must submit to the Control Authority at least
once every six (6) 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 in
accordance with the techniques described in 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. For Industrial Users for which
EPA or the authorized State, tribe, or territory is the Control Authority, as
of December 21, 2020, all reports submitted in compliance with this section
must be submitted electronically by the industrial user to the Control
Authority or the Department, as defined in
40
CFR 127.2(b), in compliance
with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part
3),
40
CFR 122.22, and 40 CFR Part 127. Part 127 is
not intended to undo existing requirements for electronic reporting. Prior to
this date, and independent of Part 127, the Industrial Users for which EPA or
the authorized State, tribe, or territory is the Control Authority may be
required to report electronically if specified by a particular control
mechanism or if required to do so by State law.
(i) Annual POTW reports. POTWs with approved
Pretreatment Programs shall provide the Department 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 (1) year after approval of the POTW's Pretreatment Program, and at least
annually thereafter, and shall include, at a minimum, the applicable required
data in appendix A to 40 CFR Part 127. The report required by this section must
also include a summary of changes to the POTW's pretreatment program that have
not been previously reported to the Department and any other relevant
information requested by the Department. As of December 21, 2020, all annual
reports submitted in compliance with this section must be submitted
electronically by the POTW Pretreatment Program to the Department, as defined
in 40 CFR
127.2(b), in compliance with
this section and 40 CFR Part 3 (including, in all cases, subpart D to Part 3),
40
CFR 122.22, and 40 CFR Part 127. Part 127 is
not intended to undo existing requirements for electronic reporting. Prior to
this date, and independent of Part 127, the Department may also require POTW
Pretreatment Programs to electronically submit annual reports under this
section if specified by a particular permit or if required to do so by State
law.
(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. The list must also identify
Industrial Users subject to categorical Pretreatment Standards that are subject
to reduced reporting requirements under paragraph (e)(3), and identify which
Industrial Users are Non-Significant Categorical Industrial Users;
(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;
(4) A summary of changes to
the POTW's pretreatment program that have not been previously reported to the
Department; and
(5) Any other
relevant information requested by the Department;
(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 403.12(p)(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 403.8.
(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
(k)(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 Department 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 Department.
(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
403.6(b)(2)(ii)(b)(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 which govern the operation of the
regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
control mechanism requirements; and where authority to sign documents 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 Department 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 principal executive officer or
ranking elected official, and submitted to the Department 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 be subject to:
(1) The provisions of
18 U.S.C. section
1001 relating to fraud and false
statements;
(2) The provisions of
section 309(c)(4)(c)(4) of CWA, as amended, governing false statements,
representation or certification; and
(3) The provisions of section 309(c)(6)(c)(6)
regarding responsible corporate officers.
(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 used; 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 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.
(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) Provisions governing hazardous waste.
(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, if otherwise disposed of, would be a hazardous waste under 40 CFR Part
261. 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 waste
stream discharged during that calendar month, and an estimation of the mass of
constituents in the waste stream expected to be discharged during the following
twelve months. All notifications must take place within 180 days of the
effective date of this regulation. Industrial users who commence discharging
after the effective date of this regulation 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, notifications of changed
discharges must be submitted under section 403.12(j)(j). The notification
requirement in this section does not apply to pollutants already reported under
the self-monitoring requirements of section 403.12(b), (d), and (e)(b), (d),
and (e).
(2) Dischargers 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.
(q) Annual certification by Non-Significant
Categorical Industrial Users. A facility determined to be a Non-Significant
Categorical Industrial User pursuant to section 403.3(o)(2)(o)(2) must annually
submit the following certification statement, signed in accordance with the
signatory requirements in paragraph (l) of this section. This certification
must accompany any alternative report required by the Control Authority:
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 __________, __________ to __________, __________ [month,
day, year]:
(a) The facility described
as __________ [facility name] met the definition of a non-significant
categorical Industrial User as described in section 403.3(o)(2); (b)(o)(2); (b)
the facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and (c) the facility never
discharged more than a total of 100 gallons of categorical wastewater on any
given day during this reporting period. This compliance certification is based
upon the following information:
__________
__________
