PROPOSED RULEMAKING
[25 PA. CODE CH. 94]
Municipal Wasteload Management
[27 Pa.B. 4334] The Environmental Quality Board (Board) proposes to amend Chapter 94 (relating to municipal wasteload management). The amendments are proposed as the result of the Department of Environmental Protection's (Department) Regulatory Basics Initiative and Executive Order 1996-1 (Regulatory Review and Promulgation). The Department identified specific sections in Chapters 94 as obsolete, too prescriptive or written in a way that causes significant noncompliance. This proposed rulemaking is intended to meet the goals of these initiatives by correcting identified regulatory deficiencies.
This proposal was adopted by the Board at its meeting of June 17, 1997.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information contact Milt Lauch, Acting Chief, Division of Wastewater Management, P. O. Box 8465, Rachel Carson State Office Building, Harrisburg, PA 17105-8465, (717)787-8184 or William J. Gerlach, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717)787-7060. Information regarding submitting comments on this proposal appears in Section J of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department's Web site (http://www.dep.state.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 5 of The Clean Streams Law (35 P. S. § 691.5) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510.20).
D. Background and Purpose
Over the past year, the Department has been conducting an overall review of its existing regulations through its Regulatory Basics Initiative as outlined in 25 Pa.B. 3343 (August 19, 1995) and through Governor Ridge's Executive Order 1996-1, (Regulatory Review and Promulgation) dated February 6, 1996. These initiatives were designed with the goal of improving Department regulations. The amendments being proposed in this rulemaking are one of a number of proposed rulemakings resulting from these initiatives.
Chapter 94 establishes the framework for monitoring sewer system and sewage treatment plant loading rates; projecting future loads; limiting additional contributions of sewage to overloaded facilities; and planning for necessary facility expansion. In addition, this chapter represents a vital pollution prevention element of the State water quality management program. Section 94.12 (relating to annual report) has been identified as both overly prescriptive and the source of noncompliance due to its complexity. In addition, other sections of the chapter need to be updated. Sections 94.61--94.64 (relating to industrial waste pretreatment programs) are obsolete since the Department has not received delegation from the Environmental Protection Agency (EPA) to administer the industrial waste pretreatment program and does not intend to seek delegation to administer these provisions. The proposed amendments were reviewed and approved by the Water Subcommittee of the Air and Water Quality Technical Advisory Committee.
E. Summary of Regulatory Requirements
§ 94.1 (relating to definitions)
Section 94.1 would be amended by deleting obsolete definitions and definitions related to the pretreatment regulations which are being proposed for deletion. The definitions which would be deleted include ''categorical pretreatment standard,'' ''control authority,'' ''National pretreatment standard or pretreatment standard,'' ''overflow,'' ''pretreatment,'' ''pretreatment program,'' ''pretreatment requirement'' and ''regional office.'' Several new definitions are being added to section 94.1 to define terms commonly used in the wasteload management program as well as terms used in the chapter which may have previously been confusing. The definitions proposed for addition include ''combined sewer overflow (CSO),'' ''hydraulic design capacity,'' ''monthly average flow,'' ''organic design capacity,'' ''sanitary sewer overflow'' and ''separate sanitary sewer system.'' In addition, several of the definitions currently in § 94.1 are being modified for clarity or to be consistent with definitions in other existing or proposed amendments. These definitions include ''combined sewer system,'' ''exception to ban,'' ''hydraulic overload,'' ''official plan'' and ''publicly owned treatment works (POTW).''
§ 94.2 (relating to purpose)
This section is proposed to be amended to emphasize the proactive pollution prevention purpose of Chapter 94. In addition, the objectives listed in this section would be deleted. Revised objectives are proposed to be included in § 94.3 (relating to scope).
§ 94.3 (relating to scope)
The existing language which discusses the impact of Chapter 94 on existing bans and the pretreatment requirements would be deleted because it is obsolete. New language would be added to this section to include an updated description of the scope of the regulations which is currently in § 94.2.
§ 94.12 (relating to annual report)
Subsection (a) of this section is reworded for clarity. The existing language in subsection (a)(1) and (2), relating to the content of loading graphs, is proposed to be deleted in its entirety and replaced with a new subsection (a)(1) and (2) providing less prescriptive requirements for loading graphs. The text of subsection (a)(4)--(6), relating to overload reduction plans and industrial waste discharges and other proposed new discharges to the sewerage system, are proposed for deletion as too prescriptive. A new subsection (a)(4) is proposed to provide the required format for the annual report related to anticipated future contributions of sewage from new land development, and new subsection (a)(8) proposes rewording of the requirements for reporting industrial wastes discharged to the system. A new subsection (a)(9) contains the same requirement as the deleted subsection (a)(4).
§ 94.13 (relating to measuring, indicating and recording devices)
The existing text of this section was rewritten for clarity. A new subsection (b) is proposed to establish a new requirement to calibrate flow measuring equipment annually.
§ 94.14. (relating to approval of official plans and revisions)
The act of December 14, 1994 (P. L. 1250, No. 149) (Act 149) resulted in substantial amendments to the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20). As part of those amendments, the definition of ''supplement'' was added. A supplement is a new land development planning module reviewed by a local agency delegated authority by the Department to review and approve the modules. In addition, the Act 149 amendments also established an exemption from the planning requirements for certain types of proposals intending the use of existing public sewerage facilities or extension of public sewers. The proposed amendments incorporate these changes into this section.
§ 94.15 (relating to pretreatment program development)
The Commonwealth has not accepted delegation of the pretreatment program from the EPA. The relevant parts of this section related to this delegation would be deleted. The provisions related to the requirement that sewerage facilities owners address industrial contributions of pollutants to publicly-owned treatment works are retained since they are independent of delegation of the Federal pretreatment program.
§§ 94.61--94.64 (relating to pretreatment program requirements; pretreatment program submission; pretreatment program approval; and reporting requirements for POTWs)
These sections are also related to the Federal pretreatment program. The Commonwealth has not accepted delegation of the pretreatment program from the EPA and does not intend to accept this delegation in the future. Accordingly, these provisions are unnecessary and are proposed for deletion.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments. It also requires a statement of the need for, and a description of forms, reports or other paperwork required as a result of the proposal.
These proposed amendments to Chapter 94 are necessary to implement the Department's Regulatory Basics Initiative and the goals of Executive Order 1996-1. Sections of Chapter 94 were identified as obsolete, overly prescriptive or written in a way that causes significant noncompliance.
Benefits
Individuals, consultants and sewage treatment plant permittees will benefit from the proposed amendments. The proposed simplification of the requirements related to the development of an annual report describing the organic and hydraulic wasteload entering a wastewater treatment plant will assist permittees in attaining compliance and should cut costs associated with the development of these reports. Cost savings are estimated at $753,000 per year. Additionally, eliminating obsolete regulations and modifying regulations which are too prescriptive while clarifying the remaining regulatory language will eliminate confusion regarding the regulations and promote compliance.
Compliance Costs
The amendments to Chapter 94 do not create new regulatory requirements; rather, they eliminate unnecessary existing requirements and clarify existing text. The proposed amendments will not impose additional costs on anyone.
Compliance Assistance Plan
The Department does not intend to develop a compliance assistance plan because of the lack of an adverse impact on compliance.
Paperwork Requirements
There will be no additional forms, reports or other paperwork that will be required as the result of these proposed amendments. This proposal is intended to reduce existing paperwork requirements.
G. Pollution Prevention
In keeping with Governor Ridge's interest in encouraging pollution prevention solutions to environmental problems, these proposed amendments have incorporated the following provisions and incentives to meet that goal:
Municipal wasteload management as described in Chapter 94 is a pollution prevention program. The proposed amendments require that permittees of wastewater treatment facilities project, through an annual evaluation of the permitted facilities, the potential for either a hydraulic or organic overload 5 years into the future. When these overloads are projected, the permittee is required to take appropriate action to either eliminate the source of the overload or expand or upgrade the wastewater facilities to handle the projected increased loading. The proposed rulemaking would simplify and clarify the annual evaluation process. This should increase compliance with these regulations.
H. Sunset Review
This proposal will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 12, 1997, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC), and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly before publication of the final-form regulations.
J. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail; Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by September 22, 1997. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by September 22, 1997. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@.dep.state. pa.us and must also be received by the Board by September 22, 1997. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-322. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 94. MUNICIPAL WASTELOAD MANAGEMENT
GENERAL PROVISIONS § 94.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Categorical pretreatment standard--A national pretreatment standard promulgated by the EPA under section 307(b) and (c) of the Clean Water Act (33 U.S.C.A. § 1317(b) and (c)) as set forth in 40 CFR Chapter 1, Subchapter N (relating to effluent guidelines and standards) for a specific category of industry which specifies quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new source industrial users.]
* * * * * Combined sewer system--A sewer system [or parts thereof] which [carry] has been designed to service as both a sanitary [sewage] sewer and [stormwater] a storm sewer.
Combined sewer overflow (CSO)--An intermittent overflow, or other untreated discharge from a municipal combined sewer system (including domestic, industrial and commercial wastewater and stormwater) which results from a flow in excess of the dry weather carrying capacity of the system.
* * * * * [Control Authority--One of the following:
(i) The POTW, if the POTW has received approval from the Department or the EPA for its industrial waste pretreatment program under this chapter.
(ii) The Department, if POTW's pretreatment program has not been approved by the Department or the EPA.]
* * * * * Exception to a ban--An allowable connection to a sewer system even though a ban is in effect[, prohibiting additional connections to that system or a portion of it].
* * * * * Hydraulic design capacity--The highest monthly average flow, expressed in millions of gallons per day, at which a sewage treatment facility is expected to consistently provide the required treatment or at which a conveyance structure, device or pipe is expected to properly function without creating a backup, surcharge or overflow.
Hydraulic overload--The condition that occurs when the monthly average flow of the sewage treatment facility or other portion of the sewage system exceeds the hydraulic design capacity for 3 consecutive months out of the proceeding 12 months [portion of the load, as measured by the average daily flow entering a plant, exceeds the average daily flow upon which the permit and the plant design are based during each month of a recent 3-month period] or when the flow in a portion of the system exceeds its hydraulic carrying capacity.
* * * * * Monthly average flow--The total flow received at a sewerage facility or another portion of the sewer system during any 1-calendar month divided by the number of days in that month. This value is always expressed in millions of gallons per day (MGD).
[National pretreatment standard or pretreatment standard--A regulation containing pollutant discharge limits or prohibitions promulgated by the EPA under section 307(b) and (c) of the Clean Water Act, which applies to industrial users. The term includes general and specific prohibitions under § 97.91(a) and (b) (relating to pretreatment requirements for industrial users), specific local limits established under § 97.91(c) and local prohibitive standards.]
* * * * * Official [Plan] plan--A comprehensive plan for the provision of adequate sewage systems adopted by a municipality [or municipalities] possessing authority or jurisdiction over the provision of the systems and submitted to and approved by the Department as provided by the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20) and [Chapters] Chapter 71 [and 73] (relating to administration of sewage facilities planning program[; and standards for sewage disposal facilities]).
* * * * * Organic design capacity--The highest daily organic load at which a sewage treatment facility or a portion thereof is expected to provide a specific predetermined level of treatment. This capacity is normally specified in the water quality management permit (part II permit issued under Chapter 91) (relating to general provisions)).
[Overflow--The systematic discharge of a mixture of partially treated or untreated sewage and stormwater from a device or structure of combined sewerage facilities which is in excess of the downstream hydraulic carrying capacity of those facilities.
POTW--A publicly owned treatment works as defined by section 212 of the Clean Water Act (33 U.S.C.A. § 1292) which is owned by a state or municipality, as defined by section 502(4) of the Clean Water Act (33 U.S.C.A. § 1362(4)), including sewers that convey wastewater to the treatment works. The term does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes the municipality, as defined in section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from this type of treatment works.]
POTW--Publicly-owned treatment works--Any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a state or municipality. The term includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.
* * * * * [Pretreatment--The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW. This reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by § 97.91(d)(4). If wastewater from a regulated process is mixed with unregulated wastewater or with wastewater from another regulated process, the mixture shall meet an adjusted pretreatment limit calculated under § 97.91(d)(5).
Pretreatment program--A program administered by a POTW that meets the criteria established in §§ 94.61 and 94.62 (relating to pretreatment program requirements; and pretreatment program submission) and which has been approved by the EPA under 40 CFR 403.11 (relating to approval procedures for POTW pretreatment programs and POTW granting of removal credits) or the Department under § 94.63 (relating to pretreatment program approval).
Pretreatment requirement--A substantive or procedural requirement related to pretreatment, other than a National pretreatment standard, imposed on an industrial user.]
* * * * * [Regional office--The Regional Water Quality Manager of the Bureau of Water Quality Management of the Department.]
Sanitary sewer overflow--An untreated discharge from a sanitary sewer system (which is not a combined sewer system), which results from a flow in excess of the carrying capacity of the system.
Separate sanitary sewer system--A sewer system or part thereof which is specifically designed and intended to carry sanitary sewage separate from stormwater.
* * * * * § 94.2. Purpose.
This chapter is intended to [require] prevent pollution by requiring the owners and operators of sewerage facilities to manage wasteloads [discharged to] entering the sewerage facilities. [in order to accomplish the following objectives:
(1) Prevent the occurrence of overloaded sewerage facilities.
(2) Limit additional extensions and connections to an overloaded sewer system or a sewer system tributary to an overloaded plant.
(3) Prevent the introduction into POTWs of pollutants which will interfere with the operation of the plant or pass through or otherwise be incompatible with the plant.
(4) Improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.]
§ 94.3. Scope.
[Nothing in this chapter affects the validity of the following:
(1) A final, unappealed ban imposed by the Department prior to the date of adoption of this chapter; except that the ban may be modified or removed under §§ 94.41 and 94.42 (relating to elimination of overload; and reduction of overload), and exceptions to the bans will be granted under §§ 94.51--94.57 (relating to exception to bans).
(2) Pretreatment requirements established by a control authority if the requirements are no less stringent than the national pretreatment standards, limitations established under the Clean Water Act, regulations thereunder or this title.]
This chapter requires owners of sewerage facilities to properly plan, manage and maintain sewerage facilities in a manner which will do the following:
(1) Anticipate and prevent overloading sewerage facilities.
(2) Limit additional extensions and connections to an overloaded sewer system or a sewer system tributary to an overloaded plant.
(3) Prevent the introduction into POTWS of pollutants which will interfere with the operation of the plant or pass through or otherwise be incompatible with the treatment process or sewerage facility.
(4) Improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.
§ 94.12. Annual report.
(a) [In order to] To provide for [a] annual review of [the load on] sewerage facilities and [to insure] ensure that there is sufficient time to address existing operational or maintenance problems or to plan and construct needed additions, [plant] sewerage facilities permittees shall submit a complete and accurate wasteload management annual report, in duplicate, by March 31 of each year to the appropriate Regional Office of the Department [, subject to the review of the Department]. The report shall use a brief summary form provided by the Department and include the following:
[(1) A hydraulic loading graph which shall show the following:
(i) The hydraulic loading on the plant plotted from average daily flows for each month of the past 5 years.
(ii) A projection of the anticipated hydraulic loading on the plant for each of the next 5 years.
(iii) The hydraulic loading approved by the permit.
(2) An organic loading graph which shall show the following:
(i) The organic loading on the plant plotted from average daily loads for each month of the past five years.
(ii) A projection of the anticipated organic loading on the plant for each of the next five years.
(iii) The organic loading approved by the permit.]
(1) A line graph depicting the monthly average flows (expressed in millions of gallons per day) for each month for the past 5 years and projecting the flows for the next 5 years. The graph shall also include a line depicting the hydraulic design flow (also expressed in million of gallons per day) of the facility included in the water quality management permit (Part II permit issued under Chapter 91 (relating to general provisions)).
(2) A line graph depicting the average daily organic loading (expressed as pounds per day of BOD5) for each month for the past 5 years and projecting the average daily organic loading for the next 5 years. The graph shall also include a line depicting the organic loading design (also expressed in pounds per day of BOD5) of the facility included in the water quality management permit (Part II permit issued under Chapter 91 (relating to general provisions).)
(3) A brief discussion of the basis for the 5 year projections referred to in paragraphs (1) and (2), as well as a description of the time needed to expand the plant to meet the load projections, if necessary. Data used to support those projections should be included in an appendix to the annual report.
[(4) A proposed plan to reduce or eliminate present or projected overloaded conditions under §§ 94.21 and 94.22 (relating to existing overload; and projected overload).
(5) A report of industrial wastes discharged into the sewer system, which shall include the following:
(i) A copy of the ordinance or regulation governing industrial waste discharges to the sewer system or a copy of amendments adopted since the initial submission under this chapter, if it has not previously been submitted.
(ii) A discussion of the program for surveillance and monitoring of industrial waste discharges into the sewer system during the past year.
(iii) A discussion of specific problems in the sewer system or at the plant, known or suspected to be caused by industrial waste discharges and a summary of the steps being taken to alleviate or eliminate the problems. The discussion should include a list of industries known to be discharging wastes which create problems in the plant or in the sewer system and an action taken to eliminate the problem or prevent its recurrence.
(6) A description accompanied by a plot plan or map of sewer extensions constructed within the past calendar year, sewer extensions approved in the past year in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20) and the provisions of Chapter 71 (relating to administration of the sewage facilities program), but not yet constructed, and all known proposed projects which shall require public sewers but are in the preliminary planning stages. The description shall include areas and populations served or to be served by each extension.]
(4) A map showing all sewer extensions constructed within the past calendar year, sewer extenstions approved in the past year in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20) and Chapter 71 (relating to administration of the sewage facilities program), but not yet constructed, and all known proposed projects which require public sewers but are in the preliminary planning stages. The map shall be accompanied by a list summarizing each extension or project and the population to be served by the extension or project. If a sewer extension approval or proposed project included schedules describing how the project will be completed over time, the listing should include that information and the effect this build-out-rate will have on population served.
[(7)] (5) ***
[(8)] (6) ***
[(9)] (7) ***
(8) A report, if applicable, of industrial wastes discharged into the sewer system. This report shall include the following:
(i) A copy of any ordinance or regulation governing industrial waste discharges to the sewer system or a copy of amendments adopted since the initial submission of the ordinance or regulation under this chapter, if it has not previously been submitted.
(ii) A discussion of the permittee's or municipality's program for surveillance and monitoring of industrial waste discharges into the sewer system during the past year.
(iii) A discussion of specific problems in the sewer system or at the plant, known or suspected to be caused by industrial waste discharges and a summary of the steps being taken to alleviate or eliminate the problems. The discussion shall include a list of industries known to be discharging wastes which create problems in the plant or in the sewer system and action taken to eliminate the problem or prevent its recurrence.
(9) A proposed plan to reduce or eliminate present or projected overloaded conditions under §§ 94.21 and 94.22 (relating to existing overload; and projected overload).
* * * * * § 94.13. Measuring, indicating and recording devices.
(a) [If the hydraulic loading on the] A sewage treatment plant [exceeds] or other part of a facility which receives or will receive within the next 5 years, flows exceeding 100,000 gallons per day [or will exceed 100,000 gallons per day in the next 5 years, and if the plant is not] shall be equipped to continuously measure, indicate and record the influent flow[, equipment to continuously measure, indicate and record the flow shall be installed within 6 months of the adoption of this chapter]. The permittee of the sewage facility shall install equipment within 6 months of the final day for submitting the annual report [period] required under § 94.12 (relating to annual report) when such a flow [became] becomes evident.
(b) Flow measuring, indicating and recording equipment shall be calibrated annually, and the calibration report shall be included in the annual report submitted under § 94.12.
§ 94.14. Approval of official plans and revisions.
No official plan [or], offical plan revision or supplement will be approved [nor will a supplement be considered adequate] by the Department or delegated agency, nor will an exemption from the planning requirements be granted under Chapter 71 (relating to administration of the sewage facilities planning program) that is inconsistent with the requirements of this chapter.
§ 94.15. Pretreatment program development.
[(a) A POTW, in] In cases where pollutants contributed by industrial users result in interference or pass through, and the violation is likely to recur, a POTW or other sewerage facilities owner shall develop and implement specific local limits for industrial users and other users, as appropriate, that together with appropriate POTW facility or operational changes, are necessary to ensure renewed or continued compliance with the POTW's NPDES permit or sludge use or disposal practices.
[(b) A POTW shall develop, submit and implement a pretreatment program under §§ 94.61--94.63 (relating to pretreatment program requirements; pretreatment program submission; and pretreatment program approval) if one of the following applies:
(1) The total design flow of the POTW, or combination of POTWs operated by the same permittee, is greater than 5 million gallons per day (MGD) and contains pollutants from industrial users which pass through or interfere with the operation of the POTW or are otherwise subject to national pretreatment standards.
(2) The total design flow of the POTW, or combination of POTWs operated by the same permittee, is 5 (MGD) or less and the Department or the POTW determines that the nature or volume of the industrial influent, treatment process upsets, violations of POTW effluent limitations, contamination of municipal sludge or other circumstances warrant the development of a pretreatment program to prevent interference with the POTW or pass through of pollutants to receiving waters.
(c) The Department may modify or reissue the POTW's NPDES permit to accomplish any of the following:
(1) Put the POTW on a compliance schedule for the development of a POTW pretreatment program where the addition of pollutants into a POTW by an industrial user or combination of industrial users presents a substantial hazard to the functioning of the treatment works, quality of the receiving waters, human health or the environment.
(2) Coordinate the issuance of a section 201 construction grant with the incorporation into a permit of a compliance schedule for POTW pretreatment program.
(3) Incorporate a modification of the permit approved under section 301(h) or (i) of the Clean Water Act (33 U.S.C.A. § 1311(h) or (i)).
(4) Incorporate an approved POTW pretreatment program in the POTW permit.
(5) Incorporate a compliance schedule for the development of a POTW pretreatment program in the POTW permit.
(d) A POTW required to develop a pretreatment program under subsection (b)(1) or (2) shall have an approved pretreatment program no later than 3 years after the reissuance or modification of its NPDES permit but in no case later than July 1, 1983. A POTW, whose NPDES permit is modified under section 301(h) of the Clean Water Act (33 U.S.C.A. § 1311(h)) shall have a pretreatment program within less than 3 years as provided for in 40 CFR Part 125, Subpart G (relating to criteria for modifying the secondary treatment requirements under section 301(h) of the Clean Water Act). A POTW identified after July 1, 1983 as being required to develop a POTW pretreatment program under subsection (b) shall develop and submit the program for approval as soon as possible, but in no case later than 1 year after written notification from the Department of the identification. The POTW pretreatment program shall meet the criteria in § 94.61 and shall be administered by the POTW to ensure compliance by industrial users and other users as appropriate with applicable pretreatment standards and requirements.
(e) A POTW required to develop a pretreatment program under subsection (b)(1) or (2) shall develop and enforce specific local limits to implement the prohibitions listed in § 97.91(a) and (b) (relating to pretreatment requirements for industrial users).]
INDUSTRIAL WASTE PRETREATMENT PROGRAMS (Editor's Note: The Department is proposing to delete §§ 94.61--94.64 as they currently appear in the Pennsylvania Code at pages 94-20--94-27 (serial pages (228290)--(229297)).
§§ 94.61--94.64. (Reserved).
[Pa.B. Doc. No. 97-1349. Filed for public inspection August 22, 1997, 9:00 a.m.]
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