Current through Register Vol. 41, No. 3, September 23, 2024
A. Either the director or a POTW with an
approved POTW pretreatment program may initiate program modification at any
time to reflect changing conditions at the POTW. Program modification is
necessary whenever there is a significant change in the operation of a POTW
pretreatment program that differs from the information in the POTW's
submission, as approved under
9VAC25-31-830.
B. Substantial modifications defined.
Substantial modifications include:
1.
Modifications that relax POTW legal authorities (as described in
9VAC25-31-800 F 1, except for
modifications that directly reflect a revision to this part or to 40 CFR
Chapter I, Subchapter N, and are reported pursuant to subsection D of this
section;
2. Modifications that
relax local limits, except for the modifications to local limits for pH and
reallocations of the maximum allowable industrial loading of a pollutant that
do not increase the total industrial loadings for the pollutant, which are
reported pursuant to subsection D of this section. Maximum allowable industrial
loading means the total mass of a pollutant that all industrial users of a POTW
(or a subgroup of industrial users identified by the POTW) may discharge
pursuant to limits developed under
9VAC25-31-770 C;
3. Changes to the POTW's control mechanism as
described in
9VAC25-31-800 F 1 c;
4. A decrease in the frequency of
self-monitoring or reporting required of industrial users;
5. A decrease in the frequency of industrial
user inspections or sampling by the POTW;
6. Changes to the POTW's confidentiality
procedures; and
7. Other
modifications designated as substantial modifications by the director on the
basis that the modification could have a significant impact on the operation of
the POTW's pretreatment program, could result in an increase in pollutant
loadings at the POTW, or could result in less stringent requirements being
imposed on industrial users of the POTW.
C. Approval procedures for substantial
modifications.
1. The POTW shall submit to the
department a statement of the basis for the desired program modification, a
modified program description (see
9VAC25-31-810 B), or such other
documents the director determines to be necessary under the
circumstances.
2. The director
shall approve or disapprove the modification based on the requirements of
9VAC25-31-800 F and using the
procedures in
9VAC25-31-830 B through F, except
as provided in subdivisions C 3 and C 4 of this section. The modification shall
become effective upon approval by the director.
3. The director need not publish a notice of
decision under
9VAC25-31-830 E provided (i) the
notice of request for approval under
9VAC25-31-830 B 1 states that the
request will be approved if no comments are received by a date specified in the
notice; (ii) no substantive comments are received; and (iii) the request is
approved without change.
4. Notices
required by
9VAC25-31-830 may be performed by
the POTW provided that the director finds that the POTW notice otherwise
satisfies the requirements of
9VAC25-31-830.
D. Approval procedures for nonsubstantial
modifications.
1. The POTW shall notify the
department of any nonsubstantial modification at least 45 days prior to
implementation by the POTW in a statement similar to that provided for in
subdivision C 1 of this section.
2.
Within 45 days after the submission of the POTW's statement, the director shall
notify the POTW of his decision to approve or disapprove the nonsubstantial
modification.
3. If the director
does not notify the POTW within 45 days of his decision to approve or deny the
modification or to treat the modification as substantial under subdivision B 7
of this section, the POTW may implement the modification.
E. Incorporation in permit. All modifications
shall be incorporated into the POTW's VPDES permit upon approval. The permit
will be modified to incorporate the approved modification in accordance with
9VAC25-31-400.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 402 of
the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
