Permitting Industrial Users

1. Permitting Industrial Users Curt McCormick EPA Region 8 mccormick.curt@epa.gov 303-312-6377

2. Agenda • Process • Permit Applications • Permit Fact Sheets • Permits • Zero Discharger Permits

3. Permitting Process

4. Regulatory Requirement40 CFR § 403.8(f)(1)(iii) • Control through permit, order or similar means, the contribution from each IU. • Control through permit or equivalent individual control mechanism or general permit the contribution from each SIU.

5. Adequacy of Control Mechanisms MechanismYes No • Contracts 4 • Local regulations 4 • Administrative orders 4 • Permits 4

6. Non-Significant CIU and Middle-Tier CIU

7. Who to Permit/Control • Significant Industrial Users (SIUs) - Required • Categorical Industrial Users (CIUs) • Non-categorical SIUs • 0 Dischargers (discussed later)

8. Who to Permit/Control • Non-significant industrial users – Typically BMPs are applied to these (dental, photo processors, dry cleaners, etc). Approved BMPs may include controls that require issuance of a general permit or control through other enforceable mechanisms. • Waste haulers – Unless these are SIUs, the POTW has the option. At a minimum, the POTW should require manifests and have a sampling program in-place.

9. Who to Permit/Control • Non-significant industrial users – Typically BMPs are applied to these (dental, photo processors, dry cleaners, etc). Approved BMPs may include controls that require issuance of a general permit or control through other enforceable mechanisms. • Waste haulers – Unless these are SIUs, the POTW has the option. At a minimum, the POTW should require manifests and have a sampling program in-place.

10. Industrial User is Identified POTW requires IU to submit permit application Application complete? Request additional data No Yes Site visit/Inspection (critical. Take camera)

11. POTW drafts permit Send draft permit to applicant for review (preferable to meet with IU). Follow POTW requirements for requestingcomments from the IU and other interested parties. Consider comments and revise draft permit, if necessary POTW Issues permit

12. Permit Applications

13. Legal Concepts • Specific Notice is Required: Permit vs. Legal Authority • Statute of Limitations: 3 years Record Retention vs. 5 Year US Codes • Permit as a Shield • Enforceability: Preponderance of the Evidence vs.. Beyond a reasonable doubt.

14. Sources of Data • Permit applications • Critical to assessing nature of discharge • Local regulations require application submission • Serves as formal request to discharge • Hold the IU accountable for the information provided

15. General information Business activity Water usage Sewer information Wastewater discharge information Characteristics of discharge Pretreatment Facility operations Spill prevention “Non-discharged” wastes Certification and authorized signature Stored Chemicals – Certificate of Analysis Contents of Permit Applications • Any requests for waivers, non-sign CIU designation and pollutants not present.

16. Reviewing the Data Completeness • Blank spaces vs.. "not applicable“ – Require that all spaces are filled in. No blanks. • Obtaining a response for minor deficiencies – Always get in writing with another certification. • Major deficiencies – Reject application.

17. Reviewing the Data (continued) • Common deficiencies • Facility layout – not provided or incomplete • Discharge data (a table for priority pollutants with columns for “present”, “absent” and “no data”) • Proper signatory official or application is not signed and/or dated.

18. Current permit and fact sheet Previous permit application Baseline monitoring report (BMR) Wastewater survey questionnaires Inspection reports Sampling data Self-monitoring reports Notifications Enforcement actions Verification of Data: Review of Background Information

19. Documenting Permit Decisions

20. Legal Concepts • Specific Notice is Required: Permit vs. Legal Authority • Statute of Limitations: 3 years Record Retention vs. 5 Year US Codes • Permit as a Shield • Enforceability: Preponderance of the Evidence vs.. Beyond a reasonable doubt.

21. Fact Sheets: Documentation of Permit Decisions • Permanent record • Useful in the event of permit challenge • Streamline future permit re-issuance • Keep Fact Sheet up-to-date if permit modifications occur!!

22. Fact Sheets: Contents • Description of the IU (Part and subpart) • Type and quantity of the discharge • Rationale for permit limits • Rationale for IU specific conditions • Derivation of limits

23. Maintaining Permit Records • Conversations, correspondence, and documents • Permittee, public, Control Authority, and Approval Authority

24. Typical Information is included plus backup contacts for IU contact. Category and Year facility became an indirect user.

25. Establish what core and regulated processes are present Establish hours of operation AND hours when treatment system operates (or specify both are the same – from application).

26. Strongly suggest lookingat Google Earth or similarand including aerial photoif up-to-date.

29. Important to accurately reflect how they discharge wastewater. This section describes the operator procedures that the permit is being written around

30. Document volumes of tanks and where they are located.

31. Document what is in each tank.It would also be good to note the size of the tank, whether or not there is a drain in the tank, and how often waste is dischargedor changed out.

32. Pictures will help youremember and will documentwhat is there.

33. A Fact Sheet necessity. Is it accurate? Any new piping?Any outfall or bypass valves not shown?

34. More info on treatmentTypical application of categorical standards and local limits. Discuss how each limit was derived.

35. It is good to evaluate all potentialTTOs. However, use of a MSDSmay not identify TTOs. Onlychemicals that are 1%-5% or greater are required to be listedon a MSDS. Ask for a certificateof analysis if you suspect TTOsin a raw reagent.

36. Pictures documentoutfall locations andmonitoring equipment.Region 8 DOES NOTendorse the use of amonitoring point locatedwithin a facility. Whenidentified during an auditwe will visit the IU and seeif we are allowed immediate access.Some IUs also have anexternal monitoring pointthat can be used by the POTWand is clearly stated in the permit.

37. Typical listing of monitoring frequency and sample type,Establishing rationale for monitoring frequencies andsample type.

38. Industrial User Permits

39. Legal Concepts Permits should be viewed as an enforceable stand-alone document

40. Legal Concepts • Specific Notice is Required: Permit vs. Legal Authority • Statute of Limitations: 3 years Record Retention vs. 5 Year US Codes • Permit as a Shield • Enforceability: Preponderance of the Evidence vs.. Beyond a reasonable doubt.

41. Structure and Wording • Affect on enforceability • Dos: • Use specific language • Develop concise and complete conditions and requirements • Write clearly and simply • Avoid conflicting language

42. Common Errors and Omissions • Improper calculation of standards • Failure to: • Include all/specific requirements • Regulate all discharge points • Account for predictable variations • Apply all pollutant limits (local limit/cat stds)

43. Common Errors and Omissions • Applying Bypass provisions that are less stringent than Federal provisions (also Upsets and Confidentiality). • Failure to include: • Change in Discharge Reporting • Limits Included with NO monitoring requirements. • IU to Report within 24 hours (when data indicating a violation becomes available – lab reports, flow/pH data)

44. Permit Contents • Name and address of the permittee (Facility address that is being permitted). • Citation of POTW legal authority • Reapplication requirements (either reapply by a date or within x days prior to permit expiration) • Effective/Expiration Dates • Signature of Control Authority (not after permit effective date)

45. Permit Contents • Statement of Non-Transferability • Outfalls/Monitoring Points • Effluent limits (Local Limits, Categorical Standards and Specific Prohibitions) • Specific Best Management Practices (BMPs)

46. Permit Contents • Approved Best Management Practices (BMPs) must be included where necessary. These are equivalent to local limits and are Pretreatment Standards. BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

47. Permit Contents • Self-Monitoring Requirements (frequency/sample type/chain-of-custody required). Use terminology such as Once per month, Once per 6 Months, Twice per Week, etc. DO NOT use “biweekly”, “bimonthly”, “Twice per Year”, etc. Biweekly can be interpreted both as “Once per Two Weeks” and “Twice per Week”

48. Reporting vs. Monitoring Frequency • Keep the reporting frequency in line with the monitoring frequency. If they monitor monthly, it is not advisable to have the IU reporting once per 6 months. This can make the POTW appear to be failing to enforce in a timely manner, especially where the IU fails to identify and report violations within 24 hours.

49. Permit Contents • Reporting Requirements (Including BMP Compliance Reporting). Example language “The permittee shall submit the required monitoring report no later than the 28th of the month following the month in which the monitoring was required.”

50. Reporting and Chain-of-Custody • Things the Permittee should be reporting: Concentration/measurement for all parameters, date(s) of sample collection, person taking sample, flow information, pH records, certification of pH and flow calibration, copies of all manifests for off-site disposal of liquid wastes, signatory and other certifications, analytical methods used, method detection limits, date of analysis, and laboratory certification (name of lab).