Current through Register Vol. 41, No. 3, September 23, 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
9VAC25-31-780 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 subdivisions 1 through 7 of this subsection. 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 subdivisions 1 through 5 of this subsection.
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 subdivisions 4 and 5 of this subsection.
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 or
operations 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:
a. Regulated process
streams; and
b. Other streams as
necessary to allow use of the combined wastestream formula of
9VAC25-31-780 E. (See subdivision 5
d of this subsection.)
The control authority may allow for verifiable estimates of
these flows where justified by cost or feasibility considerations.
5. Measurement of
pollutants.
a. The user shall identify the
pretreatment standards applicable to each regulated process;
b. 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;
c. The user shall take a
minimum of one representative sample to compile that data necessary to comply
with the requirements of this subsection;
d. 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 user shall
measure the flows and concentrations necessary to allow use of the combined
wastestream formula of
9VAC25-31-780 E in order to
evaluate compliance with the pretreatment standards. Where an alternate
concentration or mass limit has been calculated in accordance with
9VAC25-31-780 E, this adjusted
limit along with supporting data shall be submitted to the control
authority;
e. 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;
f. 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; and
g. 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 subsection M 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) or additional pretreatment, or both, are required for the industrial
user to meet the pretreatment standards and requirements.
7. Compliance schedule. If additional
pretreatment or O and M, or both, will be required to meet the pretreatment
standards, the shortest schedule by which the industrial user will provide such
additional pretreatment or O and M, or both. The completion date in this
schedule shall not be later than the compliance date established for the
applicable pretreatment standard.
a. Where the
industrial user's categorical pretreatment standard has been modified by a
removal allowance (9VAC25-31-790) , the combined
wastestream formula (9VAC25-31-780 E), or a
fundamentally different factors variance (9VAC25-31-850) , or any combination
of them, at the time the user submits the report required by this subsection,
the information required by subdivisions 6 and 7 of this subsection shall
pertain to the modified limits.
b.
If the categorical pretreatment standard is modified by a removal allowance
(9VAC25-31-790) , the combined
wastestream formula (9VAC25-31-780 E), or a
fundamentally different factors variance (9VAC25-31-850) , or any combination
of them, after the user submits the report required by this subsection, any
necessary amendments to the information requested by subdivisions 6 and 7 of
this subsection 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 subdivision 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 subdivision 1
of this subsection shall exceed nine months; and
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 nine 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 subdivisions B 4 through B 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 9VAC25-31-780 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 director, 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 subdivision 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 agree to alter the months during which the above reports are to
be submitted. For industrial users for which the department is the control
authority, as of the start date in Table 1 of 9VAC25-31-1020, all reports
submitted in compliance with this subsection shall be submitted electronically
by the industrial user to the department in compliance with this subsection and
40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D),
9VAC25-31-110, and Part XI
(9VAC25-31-950 et seq.) of this chapter. Part XI of this chapter is not
intended to undo existing requirements for electronic reporting. Prior to this
date, and independent of Part XI of this chapter, the industrial users for
which the department is the control authority may be required to report
electronically if specified by a particular control mechanism.
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 the pollutant due to activities of the industrial user.
This authorization is subject to the following conditions:
a. The control authority may 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.
b. 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 five years. The user must submit a new request for the waiver before the
waiver can be granted for each subsequent control mechanism.
c. 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 subsection L
of this subsection, and include the certification statement in
9VAC25-31-780 A 2 b. Nondetectable
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.
d. 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 three years after expiration of the waiver.
e. 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
9VAC25-31-840 E 1."
f. 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 subdivision 1 of this subsection or other more
frequent monitoring requirements imposed by the control authority, and notify
the control authority.
g. 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 the subdivision 1 of this subsection to a requirement to report
no less frequently than once a year, unless required more frequently in the
pretreatment standard or by the approval authority, where the industrial user
meets all of the following conditions:
a. The
industrial user's total categorical wastewater flow does not exceed any of the
following:
(1) 0.01% 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;
(2) 0.01% of the design dry weather organic
treatment capacity of the POTW; and
(3) 0.01% 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 9VAC25-31-770 C and D.
b. The industrial user has not
been in significant noncompliance, as defined in
9VAC25-31-800 F 2 g, for any time
in the past two years;
c. 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 subdivision G 3 of
this section;
d. The industrial
user must notify the control authority immediately of any changes at its
facility causing it to no longer meet conditions of subdivision 3 a or b of
this subsection. Upon notification, the industrial user must immediately begin
complying with the minimum reporting in subdivision 1 of this subsection;
and
e. The control authority must
retain documentation to support the control authority's determination that a
specific industrial user qualifies for reduced reporting requirements under
subdivision 3 of this subsection for a period of three years after the
expiration of the term of the control mechanism.
4. Where the control authority has imposed
mass limitations on industrial users as provided for by
9VAC25-31-780 C, the report
required by subdivision 1 of this subsection shall indicate the mass of
pollutants regulated by pretreatment standards in the discharge from the
industrial user.
5. For industrial
users subject to equivalent mass or concentration limits established by the
control authority in accordance with the procedures in
9VAC25-31-780 C, the report
required by subdivision 1 of this subsection 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 subdivision 1 of this subsection shall include the user's
actual average production rate for the reporting period.
F. Notice of potential problems, including
slug loading. All categorical and noncategorical industrial users shall notify
the POTW immediately of all discharges that could cause problems to the POTW,
including any slug loadings, as defined by
9VAC25-31-770 B, by the industrial
user.
G. Monitoring and analysis to
demonstrate continued compliance with pretreatment standards and requirements.
1. Except in the case of nonsignificant
categorical users, the reports required in subsections 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 subdivision B 6 and subsection D of this section.
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:
a. The control authority performs sampling
at the industrial user at a frequency of at least once per month; or
b. 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 subsection E 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 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 and 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 subsections B and
D of this section, a minimum of four 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
authorize a lower minimum. For the reports required by subsections 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 contained in 40 CFR Part 136 and amendments thereto
or with any other test procedures approved by EPA, and shall be reported to the
control authority. Sampling shall be performed in accordance with EPA-approved
techniques. Where 40 CFR Part 136 does not include sampling or analytical
techniques for the pollutants in question, or where EPA 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 EPA.
6. If an industrial user subject to the
reporting requirement in subsection 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
subdivision 5 of this subsection, 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
noncategorical industrial users must 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 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 noncategorical industrial user. For industrial users
for which the department is the control authority, as of the start date in
Table 1 of 9VAC25-31-1020, all reports submitted in compliance with this
subsection shall be submitted electronically by the industrial user to the
department in compliance with this subsection and 40 CFR Part 3 (including, in
all cases, 40 CFR Part 3 Subpart D),
9VAC25-31-110, and Part XI
(9VAC25-31-950 et seq.) of this chapter. Part XI of this chapter is not
intended to undo existing requirements for electronic reporting. Prior to this
date, and independent of Part XI of this chapter, the industrial users for
which the department is the control authority may be required to report
electronically if specified by a particular control mechanism.
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 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. The list must also identify
industrial users subject to categorical pretreatment standards that are subject
to reduced reporting requirements under subdivision E 3 of this section and
identify which industrial users are nonsignificant 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;
5. Any other relevant
information requested by the director;
6. Any additional applicable required data in
Appendix A to 40 CFR Part 127 as adopted by reference in 9VAC25-31-1030;
and
7. As of the start date in
Table 1 of 9VAC25-31-1020, all annual reports submitted in compliance with this
subsection shall be submitted electronically by the POTW pretreatment program
to the department in compliance with this subsection and 40 CFR Part 3
(including, in all cases, 40 CFR Part 3 Subpart D),
9VAC25-31-110, and Part XI
(9VAC25-31-950 et seq.) of this chapter. Part XI of this chapter is not
intended to undo existing requirements for electronic reporting. Prior to this
date, and independent of Part XI of this chapter, the department may also
require POTW pretreatment programs to electronically submit annual reports
under this section if specified by a particular permit.
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 the Code of Virginia and this section.
K. Compliance schedule for POTWs. The
following conditions and reporting requirements shall apply to the compliance
schedule for development of an approvable POTW pretreatment program required by
9VAC25-31-800:
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 subdivision 1 of this subsection shall exceed nine
months; and
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, 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 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 subsections B, D, and E of this section shall
include the certification statement as set forth in
9VAC25-31-780 A 2 b, and shall be
signed as follows:
1. By a responsible
corporate officer, if the industrial user submitting the reports required by
subsections B, D and E of this section is a corporation. For the purpose of
this subdivision, 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-making 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 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 subsections 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 subdivision 1
or 2 of this subsection if:
a. The
authorization is made in writing by the individual described in subdivision 1
or 2 of this subsection;
b. 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
c. The written
authorization is submitted to the control authority.
4. If an authorization under subdivision 3 of
this subsection 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 subdivision 3 of this subsection
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 subsection 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 approval authority prior to or
together with the report being submitted.
N. Provision 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 USC §
1001 relating to fraud and false
statements;
2. The provisions of
the law or § 309(c)(4) of the CWA, as amended, governing false statements,
representation or certification; and
3. The provisions of § 309(c)(6) of the
CWA regarding responsible corporate officers.
O. Recordkeeping 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:
a. The
date, exact place, method, and time of sampling and the names of the person or
persons taking the samples;
b. The
dates analyses were performed;
c.
Who performed the analyses;
d. The
analytical techniques/methods used; and
e. 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 three 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 director 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 director or the regional administrator.
3. Any POTW to which reports are submitted by
an industrial user pursuant to subsections B, D, E, and H of this section shall
retain such reports for a minimum of three years and shall make such reports
available for inspection and copying by the director 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 director or the regional administrator.
P.
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 the Code of Virginia and 40 CFR Part 261. Such
notification must include the name of the hazardous waste as set forth in the
Code of Virginia and 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 12 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 than
180 days after the discharge of the listed or characteristic hazardous waste.
Any notification under this subsection need be submitted only once for each
hazardous waste discharged. However, notifications of changed discharges must
be submitted under subsection J of this section. The notification requirement
in this section does not apply to pollutants already reported under
self-monitoring requirements of subsections B, D, and E of this
section.
2. Dischargers are exempt
from the requirements of subdivision 1 of this subsection 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 nonacute 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 § 3001 of RCRA (
42 USC §
6901 et seq.) 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 this subsection, 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 nonsignificant categorical industrial users. A facility
determined to be a nonsignificant categorical industrial user pursuant to
9VAC25-31-10 must annually submit
the following certification statement, signed in accordance with the signatory
requirements in subsection L of this section. This certification must accompany
an 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 ________, ________ months, days,
year:
1. The facility described as
____________________ facility name met the definition of a nonsignificant
categorical industrial user as described in
9VAC25-31-10;
2. The facility complied with all applicable
pretreatment standards and requirements during this reporting period;
and
3. 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.
_____________"
R. The control authority that chooses to
receive electronic documents must satisfy the requirements of 40 CFR Part 3
(Electronic reporting).
Statutory Authority: §
62.1-44.15 of the Code of
Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403,
and 503.
