North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




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15A NCAC 02H .0904 REQUIRED PRETREATMENT

PROGRAMS

(a) The Regulations regarding pretreatment program development by the POTW Control Authority promulgated by the Environmental Protection Agency and codified as 40 CFR Part Parts 403.8(a) through 40 CFR Part 403.8(e) are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at

http://cfpub1.epa.gov/npdes/home.cfm?program_id=3.

(b) The Division may allow a POTW Control Authority having a combined design permitted flow less than or equal to two million gallons per day and having fewer less than four Significant Industrial Users to develop and implement a Modified Pretreatment Program that encompasses a portion of the requirements in Rules .0905 and .0906 of this Section, as designated by the Division Director. A POTW having a combined design flow less than or equal to two million gallons per day and having fewer than four Significant Industrial Users may request that the Director consider the POTW for Modified Pretreatment Program status prior to January 1, 1996 only if the POTW demonstrates that all SIU's meeting the definition of SIU that is effective January 1, 1996 have been identified and permitted, if necessary. In making the decision to allow Modified Pretreatment Program development and implementation, the Division Director may consider factors including but not limited to percent industrial flow, industrial waste characteristics, compliance status of the facility, and the potential for industrial growth.
Authority G.S. 143-215.1(a),(b); 143-215.3(a)(14); 150B-21.6.
15A NCAC 02H .0905 POTW PRETREATMENT

PROGRAM IMPLEMENTATION REQUIREMENTS

Except where specified differently in this Section, the POTW pretreatment program requirements promulgated by the Environmental Protection Agency and codified as 40 CFR Part Parts 403.8(f) and (g) are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at http://cfpub1.epa.gov/npdes/home.cfm?program_id=3. In general, the implementation of a pretreatment program involves the updating of the Sewer Use Ordinance (SUO); on-going implementation of industrial waste survey (IWS) activities; updating of the Headworks Analysis (HWA), or technical basis for local limits; implementation of the Long or Short Term Monitoring Plan (LTMP); (LTMP/STMP); on-going implementation of compliance activities, including sampling and inspection of significant industrial users; maintenance of Control Authority organization description; maintenance of staffing and funding information; implementation of the Enforcement Response Plan (ERP), and periodic reporting to the Division on pretreatment program activities.
Authority G.S. 143-215.1(a),(b); 143-215.3(a)(1),(14); 150B-21.6; 153A-274; 153A-275; 160A-311; 160A-312.
15A NCAC 02H .0906 SUBMISSION FOR PROGRAM

APPROVAL

(a) Except where in conflict with any part of this Section, the regulations regarding the contents of pretreatment programs submitted for approval and the contents of a request to revise national categorical pretreatment standards, promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.9 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at http://cfpub1.epa.gov/npdes/home.cfm?program_id=3. In general, pretreatment program development submissions include a Sewer Use Ordinance (SUO) providing the legal authority for implementing the pretreatment program, an attorney's statement, a description of the POTW organization which will administer the pretreatment program, and a description of funding levels and full- and part-time staffing available to implement the pretreatment program in addition to those items listed in Paragraph (b) of this Rule.

(b) In addition to the contents of a POTW Control Authority pretreatment program submission described in Paragraph (a) of this Rule, the program submission shall contain:

(1) A Sewer Use Ordinance (SUO) providing the legal authority for implementing the pretreatment program, along with an attorney’s statement, as required by 40 CFR Part 403.8(f)(1) and Rule .0905 of this Section;

(1)(2) an Industrial Waste Survey (IWS), or industrial user survey, as required by 40 CFR Part 403.8 (f) (2) (i-iii) 403.8(f)(2)(i-iii) and 15A NCAC 2H .0905, Rule .0905 of this Section, including identification of all industrial users and the character and amount of pollutants contributed to the POTW collection system and/or treatment plant by these industrial users and identification of those industrial users meeting the definition of Significant Industrial User; User. Where the Control Authority accepts wastewater from one or more satellite POTWs, the IWS for that Control Authority shall address all satellite POTW Service Areas, unless the Pretreatment Program in those satellite service areas is administered by a separate Control Authority;

(2)(3) a Long Term Monitoring Plan (LTMP) to provide POTW site-specific data for the HWA and subsequent technical evaluations of local limits to satisfy the requirements of 40 CFR Part 122.21(j); 122.21(j). Modified Pretreatment Programs developed under Rule .0904(b) of this Section may be allowed to implement a shorter term monitoring plan (STMP) as the Director determines to be necessary;

(3)(4) a Headworks Analysis (HWA) and supporting documentation, including POTW site-specific and relevant literature data, upon which to base industrial user-specific effluent limits and other local limits for prohibited pollutants (as defined in 40 CFR Parts 403.5(a) and (b) and 15A NCAC 2H .0909); Rule .0909 of the Section);

(4)(5) a compliance monitoring program, including inspection, sampling, equipment, and other compliance procedures, which will implement the requirements of 40 CFR Parts 403.8(f) and 403.12, and 15A NCAC 2H Rules .0905 and .0908; .0908 of this Section;

(5)(6) draft industrial user pretreatment permits for Significant Industrial Users as required by 40 CFR Parts 403.8(f)(1)(iii) and 403.9(b)(1)(ii) and Rule .0916 of this Section, and supporting documentation outlined in Rule .0917 of this Section;

(6)(7) procedures for approving the construction of pretreatment facilities by industrial users and for permitting industrial users for construction, operation and discharge as required by G.S. 143-215.1; procedures for approving construction shall include issuance of authorization to construct, as appropriate;

(7)(8) an Enforcement Response Plan (ERP) as required by 40 CFR Parts 403.8(f)(5) and 403.9(b)(1)(ii) for identifying violations of and enforcing specific local limits and other Pretreatment Requirements as required by and specified in 40 CFR Parts 403.5 and 403.6 and Rules .0909 and .0910 of this Section;

(9) a brief description (including organization charts) of the Control Authority which will administer the Pretreatment Program. Where more than one POTW organization is involved in the POTW wastewater collections and/or treatment system, the description shall address all the agencies, including identification of which party will receive Industrial User applications for new or changed discharges and how the parties will communicate on Significant Industrial User determinations. At such time as a Significant Industrial User is identified in a satellite POTW organization's jurisdiction, the Director may require additional information, documents, and/or procedures as he/she determines necessary to ensure compliance with Pretreatment Program requirements, especially as needed to support appropriate communication between the POTW organizations as relates to the Pretreatment Program. This may include submittal of any formal interjurisdictional agreements or other written procedures;

(10) a description of funding levels and full- and part-time manpower available to implement the Pretreatment Program;

(8)(11) a description of data management procedures for compiling and managing compliance, LTMP, LTMP/STMP, and any other pretreatment-related monitoring data; data, including documentation of approval of electronic reporting procedures as required under 40 CFR Part 3 if applicable; and

(9)(12) a request for pretreatment program approval as required by 40 CFR Part 403.9 and Rule .0900 of this Section.

(c) The POTW must submit three bound copies of the program containing the information in Paragraphs (a) and (b) of this Rule to the Division of Environmental Management.
Authority G.S. 143-215.1(a),(b); 143-215.3(a)(1),(14); 150B-21.6.
15A NCAC 02H .0907 PROCEDURES FOR PROGRAM

APPROVAL, REVISION AND WITHDRAWAL

(a) Procedures for approval of a POTW Control Authority pretreatment program and for removal credit authorization are as follows:

(1) Except where in conflict with any part of this Section, the approval procedures for POTW Control Authority pretreatment programs and applications for removal credit authorization promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.11 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at

http://cfpub1.epa.gov/npdes/home.cfm?program_id=3.

(2) Upon program approval, a POTW Control Authority is delegated, subject to the provisions of Rules .0916 and .0917 of this Section, the authority to issue the construction, operation and discharge permits required by G.S. 143-215.1(a) for those Significant Industrial Users discharging or proposing to discharge to the POTW.

(b) Either the Division or the POTW Control Authority may initiate program revisions. The POTW Control Authority must shall submit a request to the Division for approval of modifications to its approved pretreatment program, including, but not limited to its legal authority, or Sewer Use Ordinance (SUO), Headworks Analysis (HWA), Long or Short Term Monitoring Plan (LTMP), (LTMP/STMP), Enforcement Response Plan, Plan (ERP), summary of Industrial Waste Survey, Survey, (IWS) activities, revisions to the list of Significant Industrial Users (SIUs), and Division-approved forms, and procedures. forms. Revisions to an approved pretreatment program shall be accomplished as follows:

(1) the POTW Control Authority shall submit a modified program description, an attorney's statement if the legal authority of the program is being modified, and other documents as the Division Director determines to be necessary under the circumstances; the circumstances. The attorney's statement may consist merely of a verification that the North Carolina Model Pretreatment Sewer Use Ordinance is proposed for adoption by the Control Authority, if that is the case;

(2) whenever the Division Director determines that the proposed program modifications are substantial, the Division shall issue public notice and provide an opportunity for public comment as described in 15A NCAC 2H .0109 and .0110; public Rules .0109 and .0110 of this Subchapter. Public notices issued by the Control Authority are deemed sufficient notice;

(3) the Division Director or his/her delegate shall approve or disapprove program revisions based on the requirements of this Section, G.S. 143-215.1, G.S. 143-215.3 and the Water Quality Memorandum of Agreement between the Division and the EPA; and

(4) a pretreatment program revision shall become effective upon written approval of the Division Director.

(c) Revision to the POTW's Significant Industrial Users (SIU) list shall be made using the procedure outlined in Paragraph (b) of this Rule. The SIU list may be revised at any time, provided sufficient documentation as required by the Division is supplied and supports such a determination. Requests for deletion of SIUs from the SIU list shall be accompanied by documentation which shows:

(1) the industrial user does not meet the criteria outlined in Subparagraph (b)(34) of Rule .0903 of this Section; or

(2) the industrial user meets the criteria outlined in Parts (b)(34)(A) or (B) of Rule .0903 of this Section and the wastewater treatment plant receiving the discharge has a significant available capacity for flow and all pollutants reasonably expected to be in the industrial user's discharge.

(d)(c) The Division Director may withdraw pretreatment program approval when a POTW Control Authority no longer complies with requirements of this Section and the POTW Control Authority fails to take corrective action. The following procedures apply when the Division Director determines that program withdrawal may be needed:

(1) The Division Director shall give the POTW Control Authority 180 days notice of the program withdrawal;

(2) the POTW Control Authority shall submit within 60 days of such notice a plan for the orderly transfer of all relevant program information not in the possession of the Division (such as permit files, compliance files, reports and permit applications) which is necessary for the Division to administer the pretreatment program;

(3) within 60 days of the receipt of the POTW Control Authority transfer plan plan, the Division Director shall evaluate the POTW Control Authority plan and shall identify any additional information needed by the Division for program administration or identify any other deficiencies in the plan; and

(4) at least 30 days before the program withdrawal withdrawal, the Division Director shall publish public notice of the program transfer and shall mail notice to all pretreatment permit holders of the POTW. Control Authority.

(e)(d) Applications for removal credit authorization shall be made in accordance with procedures established by this Rule. Approval shall become effective upon written approval of the Division Director.

(f)(e) A pretreatment program is considered inactive when industrial users defined as Significant Industrial Users no longer discharge to the POTW, Control Authority, based on modifications of the pretreatment program approved by the Division. Inactive approved pretreatment programs shall notify the Division when a Significant Industrial User proposes to discharge to the Control Authority. When required by the Division to return to active status, a POTW Control Authority may be required to update any or all of the requirements listed in Rule .0906 of this Section. The Control Authority shall obtain Division approval of the reactivation under this Rule prior to commencement of discharge of the Significant Industrial User.

(g)(f) The Division may require that representatives of Modified Pretreatment Programs developed under Paragraph (b) of Rule .0904 .0904(b) of this Section meet with Division personnel periodically to discuss implementation of and revisions to their Modified Pretreatment Program.
Authority G.S. 143-215(a); 143-215.1(a),(c); 143-215.3(a)(3),(14),(e); 150B-21.6.
15A NCAC 02H .0908 REPORTING/RECORD

KEEPING REQUIREMENTS FOR POTWS/INDUSTRIAL

USERS

(a) Except where in conflict with any part of this Section, the regulations regarding the reporting requirements for POTWs Control Authorities and industrial users promulgated by the Environmental Protection Agency and codified as 40 CFR Part Parts 403.8(g) and 403.12 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at http://cfpub1.epa.gov/npdes/home.cfm?program_id=3.

(b) POTWs Control Authorities with active approved pretreatment programs shall submit once per year a pretreatment report describing its pretreatment activities over the previous 12 months. Two copies of each pretreatment report shall be submitted to the Division according to one of the following schedules: a report shall be submitted by September 1 of each year describing pretreatment activities for two six-month periods, January 1 through June 30 of that year and July 1 to December 31 of the previous year; or a report shall be submitted by March 1 of each year for activities conducted for two six-month periods, January 1 through June 30 and July 1 through December 31 of the previous year. The POTW shall be notified by the Division as to which schedule to follow. This annual report shall contain the following information in accordance with forms specified by the Division:

(1) a narrative summary of actions taken by the permittee Control Authority to ensure compliance with pretreatment requirements;

(2) a pretreatment program summary on forms or in a format approved by the Division;

(3) a list of Significant Industrial Users in significant noncompliance with pretreatment requirements, the nature of the violations, and actions taken or proposed to correct the violations; on forms or in a format approved by the Division;

(4) an allocation table listing permit information for all Significant Industrial Users, including but not limited to permit limits, permit effective and expiration dates, and a comparison of total permitted flows and loads to the Division approved maximum allowable loadings of the POTW, on forms or in a format approved by the Division; and

(5) other information which in the opinion of the Division Director is needed to determine compliance with the implementation of the pretreatment program, including, but not limited to, Significant Industrial User compliance schedules, public notice of Significant Industrial Users in significant noncompliance, a summary of Significant Industrial User effluent monitoring data as described in Paragraph (f) Paragraphs (a) and (e) of this Rule, a summary of information related to significant non-compliance determinations for Industrial Users that are not considered Significant Industrial Users, and Long or Short Term Monitoring Plan data on forms or in a format approved by the Division; Division.

(6) a description of all POTW and Significant Industrial User waste reduction activities.

(c) In lieu of submitting annual reports as described in Paragraph (b) of this Rule, the Director may allow Modified Pretreatment Programs developed under Rule .0904(b) of this Section to submit a partial annual report, or to meet with Division personnel as required to discuss enforcement of pretreatment requirements and other pretreatment implementation issues.

(c)(d) Inactive pretreatment programs are not required to submit the report described in Paragraph (b) of this Rule. Inactive approved pretreatment programs shall notify the Division when a Significant Industrial User proposes to discharge to the POTW. POTW and shall comply with Rule .0907 of this Section.

(d)(e) Samples shall be collected and analyzed by the POTW staff Control Authority independent of the industry industrial user for each Significant Industrial User:

(1) for all permit-limited parameters, except those listed in Paragraph (d)(2) of this Rule, a minimum of twice each year, once during each six-month period in Paragraph (b) of this Rule;

(2) for organic compounds limited in the Significant Industrial User permits, a minimum of once each year. If the POTW elects to sample and analyze in lieu of the industry, the POTW shall collect and analyze at a minimum samples as described in this Rule and, if applicable, in accordance with categorical standards. Independent monitoring of the industry by the POTW is not required for pollutants which are limited by a categorical standard for which specific certification or other alternative procedures apply, even if the industry chooses to monitor in addition to using certification or other alternative procedures.

(1) Except as specified below, a minimum of once each year for permit-limited organic compounds, and a minimum of twice each year for all other permit-limited parameters including flow. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR Part 136.3(a), Tables IC, ID, and IF, as amended, and "twice each year" is defined as once during each six-month period as described in Paragraph (b) of this Rule.

(A) Independent monitoring of the industrial user is not required for pollutants which are limited by a categorical standards for which specific certification or other alternative procedures apply where the industrial user submits the required documentation for that certification or procedure, even if the industrial user chooses to monitor in addition to using certification or other alternative procedures;

(B) The minimum frequencies in this Subparagraph shall be reduced by half for all permit-limited parameters at a Significant Industrial User determined to fit the criteria under 40 CFR 403.12(e)(3) (Middle Tier CIU), [after 40 CFR Part 403.8(f)(2)(v)(C)]; and

(C) For categorical parameters with monitoring waived under 40 CFR Part 403.12(e)(2), a minimum of once during the term of the applicable Significant Industrial User Pretreatment Permit (40 CFR 403.8(f)(2)(v)(A)).

(2) If the Control Authority elects to sample and analyze in lieu or the industrial user, the Control Authority shall collect and analyze at a minimum samples as described in this Rule and, if applicable, in accordance with categorical standards.

(e) For the purpose of indicating the nature and concentration of the industries discharges in the baseline reports, deadline compliance reports and periodic compliance reports required in Paragraph (a) of this Rule the following shall apply:

(1) analyses shall be completed on all pollutants which are limited by the categorical standard unless the categorical standard contains specific certification or other alternative procedures for specific pollutants;

(2) compliance with a monthly average limitation shall be shown every six months by the analysis of a sufficient number of samples to be representative of the industry's monthly discharge.

(f) POTWs Control Authorities and Industrial Users shall retain for a minimum of three years records of monitoring activities and results along with support supporting information including annual pretreatment reports, general records, water quality records, and records of industrial impact on the POTW. Support information Other documents required by this Section (including supporting information) for other Pretreatment Program elements, such as pretreatment permits (IUPs), shall be retained for five years. three years after the end of the effective period of the document. A summary of all Significant Industrial User effluent monitoring data reported to the POTW Control Authority by the Industrial User or obtained by the POTW Control Authority shall be maintained on Division-approved forms or in a format approved by the Division for review by the Division. See also Rule .0805 of this Subchapter for laboratory records retention requirements.

(g) In lieu of submitting annual reports, Modified Pretreatment Programs developed under Paragraph (b) of Rule .0904 of this Section may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues.

(h)(g) Forms or format deviating from Division-issued forms or format for all documents and supporting information required by this Section shall be submitted to the Division for approval and shall contain all required information in a logical order or, if appropriate, in a computer-compatible format.

(h) In the case where the receiving POTW treatment plant is not owned by the same local governmental organization as the Control Authority, all information required to be reported to the Control Authority by this Section shall also be submitted to the POTW treatment plant government organization.

(i) In the case where the Control Authority accepts electronic reporting, the reporting shall comply with 40 CFR Part 3, and the Control Authority shall maintain documentation of approval as required under 40 CFR Part 3.
Authority G.S. 143-215.1(a),(b); 143-215.2; 143-215.3(a)(2),(14); 143-215.6(a)(1); 143-215.63 through 143-215.69; 150B-21.6.
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