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To: Members & Subscribers
From:National Office
Date:August 6, 1997
Re:RA 97-17

Streamlined Procedures For Modifying Approved
POTW Pretreatment Programs - Final Rule

In the July 17, 1997, Federal Register, EPA published the final rule on Streamlined Procedures for Modifying Approved POTW Pretreatment Programs. The rule is effective August 18, 1997.

The rule is meant to streamline the procedures for modifying approved POTW Pretreatment Programs and reduce the administrative burden and cost associated with maintaining approved pretreatment programs. The streamlined procedures include:

1) Fewer categories of modifications are considered "substantial" and, therefore, automatically subject to the detailed public notice procedures. Modifications that will no longer automatically be considered "substantial" include:

  • changes that result in more prescriptive POTW legal authority;
  • changes to legal authority that reflect changes to the Federal regulations;
  • changes to local limits for pH; and,
  • reallocations of local limits that do not increase the authorized discharge of the pollutant from the POTW;

2) The Approval Authority is no longer required to issue a public notice of its final approval of a modification if it received no comments on its proposed approval of the modification and the modification is approved as proposed;

3) Public notice provided by a POTW will satisfy the Approval Authority's obligation to provide notice in certain circumstances;

4) POTWs are allowed to report changes to its list of industrial users in the POTW's annual reports, rather than being required to obtain advance approval;

5) The period of notice that POTWs must provide for non-substantial modification and the time for review by Approval Authorities will both be 45 days; and,

6) Additional flexibility regarding the type of newspaper that may publish the notices and the government agencies that receive individual notice of all modifications.

AMSA had recommended in the proposed rule that streamlining would be best accomplished by removing the Approved Pretreatment Program from the POTW's NPDES permit, thereby eliminating the need for permit modifications. In addition, AMSA recommended that the Pretreatment Program could be implemented by direct reference to the regulatory requirements or by placing performance measures in the POTW's permit. EPA's final rule does not remove the Pretreatment Program from the POTW's NPDES permit because the Agency felt that incorporation of the program into the permit provides all concerned with the greatest certainty as to the program's scope and content. The proposed Pretreatment Program streamlining package is scheduled for Federal Register notice in December 1997, may contain an approach that might involve use of performance measures in NPDES permits.

If you have any questions, please contact Sam Hadeed, AMSA at 202/833-4655 or shadeed@amsa-cleanwater.org.


ATTACHMENT: Streamlined Procedures For Modifying Approved POTW Pretreatment Programs - Final Rule