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HomeMy WebLinkAboutItem 02 Preliminary Overview of Proposed Changes to Springfield's Industrial Pretreatment Program AGENDA ITEM SUMMARY Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: July 16, 2007 Work sessionQ11J.. Public Works f,I) Bill Hamann Btt 4C:.d o&r- 726-3693 0.- 15 minutes SPRINGFIELD CITY COUNCIL ITEM TITLE: PRELIMINARY OVERVIEW OF PROPOSED CHANGES TO SPRINGFIELD'S INDUSTRIAL PRETREATMENT PROGRAM ACTION REQUESTED: Review proposed changes to Springfield's Industrial Pretreatment Program associated with new federal Environmental Protection Agency (EPA) pretreatment streamlining regulations, prior to submittal to the Oregon Department of Environmental Quality (DEQ) for approval. ISSUE STATEMENT: At the Council's July 16th work session, staff will present a preliminary overview of mandatory and optional Pretreatment Program changes that will be made to implement streamlining regulations recently enacted by the EPA. ATTACHMENTS: Attachment A: Council Briefing Memorandum - Springfield/Eugene/MWMC Pretreatment Program Plan to meet EPA Pretreatment Streamlining Regulations DISCUSSION: The Public Works Environmental Services Division manages an Industrial Pretreatment Program in accordance with the Federal Clean Water Act and the wastewater discharge permit issued by the DEQ to Eugene, Springfield and the Metropolitan Wastewater Management Commission (MWMC). The MWMC provides regional oversight of this program in accordance with the MWMC intergovernmental agreement. Springfield's authority to operate the Industrial Pretreatment Program is contained in the Municipal Code Chapter 4: Utilities, Sections 4.002 - 4.094. . The EPA recently changed 'the federal pretreatment regulations. These changes must be reflected in the MWMC Model Pretreatment Ordinance, and implemented by the Cities through modifications to the Municipal Codes, administrative rules and program procedures. The changes, developed to comply with EPA requirements, are being provided to Council at this time for information purposes (see Attachment A). The DEQ and the MWMC must approve the proposed changes prior to formal review by the City Council. The draft program changes must be submitted to the DEQ by August 30,2007. Upon DEQ approval of the proposed changes an opportunity for public input will be provided (including direct notice to Springfield Wastewater Discharge Permit holders). A formal public hearing and approval process will then be conducted by MWMC prior to referring resulting proposed Code changes to the Springfield and Eugene City Councils for review. Attachment A: Page 1 of 7 DATE: July 5, 2007 FROM: Gino Grimaldi, City Manager Bill Hamann, Environmental Services supervisor~ Susie Smith, Environmental Services/MWMC Manage~ Springfield/Eugene/MWMC Pretreatment Program Plan to meet EPA Pretreatment Program Streamlining Regulations COUNCIL . BRIEFING" MEMORANDUM TO: SUBJECT: ISSUE: This memo provides a preliminary overview of prospective changes that will be made to our Industrial Pretreatment Program associated with new Federal Environmental Protection Agency (EPA) streamlining regulations. These changes must be reviewed and approved by the Oregon Department of Environmental Quality (DEQ) prior to formal approval by the Metropolitan Wastewater Management Commission and subsequent implementation by the Cities of Springfield and Eugene. In Springfield, the changes will be proposed in the form of modifications to the Municipal Code Chapter 4 - Utilities, which provides authority for the City's Industrial Pretreatment Program. .', . While several of the EPA regulatory changes are mandatory, EPA has provided limited. flexibility to jurisdictions, making some of the changes optional. Springfield and Eugene staff . have spent over a year reviewing the complex set of changes; and have consulted with other Pretreatment Program coordinators throughout the state. Springfield-Eugene staff have, ' developed recommendations to MWMC for adoption of the optional changes that appear to have applicability and/or suitability to our region, our industries and to the general operation of our Pretreatment Program. The Pretreatment Program and all of the underlying detailed federal regulations is technically very complex, which makes it difficult to simplify the several hundreds of pages of EPA (streamlining) requirements into an easily understandable summary. In light of the unavoidable complexity and technical nature of the subject matter, terms and regulatory definitions, this memo strives to provide only a high level brief summary description. Additional background information can be provided to the City Council upon request. BACKGROUND: As required under the Federal Clean Water Act, the City of Springfield maintains an Industrial Pretreatment Program that regulates certain types of industries and their discharges to the sanitary sewer system. In Oregon, pretreatment programs are subject to Oregon DEQ oversight through provisions of National Pollutant Discharge Elimination System (NPDES) wastewater discharge permits. The basic purposes of the Industrial Pretreatment Program are to: protect the regional wastewater treatment system, the solids by-products (biosolids), and the river from pollutants that are not removed through the wastewater treatment process; protect the local and regional wastewater collection systems; and to protect worker health and Attachment A: Page 2 of 7 safety. Provisions of Springfield Municipal Code enable the City to: . Identify Significant Industrial Users of the system (SIUs). . Deny or control pollutants entering the system. . Require compliance with applicable pretreatment standards. . Control through permit or other mechanism discharges into the system. . Require compliance schedules and industry self-monitoring. . Conduct inspections and sampling of SIUs. . Enforce Program requirements including assessment of civil penalties. The Industrial Pretreatment Program is part of the Regional Wastewater Program overseen by the MWMC in accordance with the MWMC intergovernmental agreement (IGA). The MWMC adopts a Model Pretreatment Ordinance as the basis for industrial discharge regulations to be implemented locally by the Cities of Eugene & Springfield. The Programs are functionally identical in each City. However, permitting, enforcement, monitoring and administration are carried out separately by each City. The EPA made changes to pretreatment regulations found in federal code (40 CFR Part 403), effective November 14,2005. The new rules were developed to align more closely with NPDES regulations and provide pretreatment programs with greater flexibility. The new rules are silent as to when changes must be made by pretreatment programs. DEQ has provided guidance throughout the State of Oregon outlining flexible schedules tailored to specific jurisdictions. ..I~our case, Eugene, Springfield and MWMC are required to submita.,...,. "," complete "streamlining package" (proposed ordinance modifications, procedural changes, . '...' '.'c'.':';,~, etc.) to the DEQ on or before August 30,2007. The packet also will include an implementation time line with sufficient time to allow for adoption of the changes by MWMC and both City Councils. DISCUSSION: The streamlining rules require that DEQ revise Schedule E (Pretreatment Activities) contained in all municipal NPDES wastewater discharge permits. Once approved by DEQ, we will initiate processes to have the changes adopted by the MWMC and the two City Councils. The processes will include both informal opportunities for public comment and formal public hearings. If the MWMC and Council approval processes result in proposed changes that differ from the ones approved by DEQ, any additional changes will require final review and approval by the DEQ. Once the changes are agreed upon and adopted by all parties, DEQ will make a "minor modification" to our NPDES wastewater discharge permit, revising Schedule E. This process is provided for under Oregon Revised Statute 9122.63(g). The EPA streamlining rule contains twelve change categories--eight are optional and four are required. The following is a summary of the major elements of the rule. A brief description of the rule change and the Springfield-Eugene staff recommendation and rationale to adopt or not adopt the optional Industrial Pretreatment Program changes are included below. EPA ChanQe 1. Pollutants not Present - Provides the authority to grant monitoring waivers to certain facilities where they document that pollutants are not present at the facility or anywhere in the wastestream. Attachment A: Page 3 of 7 Required/Optional: Optional Staff recommendation: Do not adopt Discussion: Staff is not recommending implementation of this option. This option applies to a limited number of area industries and is designed to allow a few dischargers, which can demonstrate that pollutants listed for that specific industry are not present, to waive monitoring requirements for those pollutants. In our case, the regulated industries already are not required to conduct this monitoring. Cities currently monitor aU of these industries for these required pollutants a minimum of twice per calendar year within the scope of the twice- , yearly monitoring the City is required to conduct. Since the City performs this monitoring rather than the industry, this streamlining rule is not relevant to how our Program operates. EPA Chanqe'2. General Control Mechanisms - Authorizes publicly owned treatment works (POTWs) to use general control mechanisms (e.g. special permits) to regulate multiple industrial dischargers that share common characteristics. Required/Optional: Optional Staff recommendation: Do nC?t adopt Discussion: Staff is not recommending implementation of this optional change, which has limited or no applicability to our local Program. Specifically, this option was developed for use by very large jurisdictions with numerous permit holders that have very similar permitting requirements. We do not have groups like this. EPA ChanQe 3. Best ManaqementPractices (BMPs) as Local Limits - Clarifies that, " ,"" jurisdictions can use BMPs as an alternative to numeric limits that are developed to proted'::""'." the treatment plant, water quality, and sewage sludge (i.e. biosolids). . ' Required/Optional: Optional Staff recommendation: Adopt Discussion: Staff is recommending implementation of this optional change, allowing industrial dischargers that meet qualifying requirements to take advantage of this streamlining rule. BMPs are management and operational procedures that are intended to prevent pollutants from entering a facility's wastestream. BMPs<?an be useful in instaJ")ces where compliance with numeric limits is,infeasible. BMPs can be appropriate for regulating releases when types of pollutants vary greatly over time, when chemical analysis ,are imp~acticable, where discharges are episodic in nature and when other discharge control options are inappropriate. EPA Chanqe 4. Sluq Control Plans - Clarifies certain requirements regarding the frequency of review including on-site industrial facility inspections to evaluate the adequacy of controls for slug discharges (uncontrolled overflows) into the sanitary sewer. Required/Optional: Required Staff recommendation: N/A Discussion: Currently, our local Program requires review and revision, if needed, of all slug discharge control plans every two years, and this is required in Significant Industrial User (SIU) permits. Under the new rule, a review of facilities' slug control plans will be required at least once, with subsequent reviews on an as-needed basis. This rule will have little impact on our Program. Attachment A: Page 4 of 7 EPA CnanQe 5. Use of Equivalent Concentration Limits - Provides the City with the discretion to authorize the use of "equivalent concentration limits" in-lieu-of "mass-based ' discharge limits" for certain industrial categories, and allows the conditional use of equivalent mass limits in-lieu-of concentration-based limits where appropriate to facilitate adoption of , . new, water-conserving technologies. Required/Optional: Optional Staff recommendation: Adopt Discussion: Staff is recommending implementation of this optional change, which would be mainly applicable to the glue manufacturers in the area (Dynea & Hexion). These industries are subject to mass limits. Concentration-based limits would encourage water conservation at these industries and simplify the regulatory burden on Pretreatment Program staff and the , industries. EPA ChanQe 6. Grab vs. Composite Samples - Clarifies and updates sampling requ irements. Required/Optional: Required Staff recommendation: N/A Discussion: This required change provides additional flexibility to the City in certain sampling situations. It allows the City to reduce and/or modify sampling requirements in certain ,.:... .,.:.situations forindustrial dischargers. , EPAChanqe 7. SiQnificant Noncompliance (SNClPublication -Allows DEQ required publication of industrial dischargers which are found to be in SNC, in any paper of general circulation within the jurisdiction that provides meaningful public notice. Required/Optional: Optional Staff recommendation: Do not adopt Discussion: Staff is not recommending implementation of this change, because it does not affect our Program. There is only one reliable paper of general circulation within the ' jurisdiction, the Register Guard, and we already use this as our vehicle for public notice. Therefore, no modifications to the Program are warranted. EPA Chanqe 8. ChanQes to the SNC definition - Clarifies the definition of Significant Noncompliance (SNC) as it applies to violations of instantaneous and narrative requirements, as well as late reports. Required/Optional: Required Staff recommendation: N/A Discussion: EPA amended the applicability of SNC, limiting SNC applicability to Significant Industrial Users (SIUs), unless other non-domestic users cause pass through, cause interference, cause the plant to exercise its emergency authority to halt or prevent a discharge, cause imminent endangerment to human health, welfare, or the environment, or adversely affect the Pretreatment Program. EPA expanded definitions to include any numeric pretreatment standard or requirement, including instantaneous limits. Also, EPA changed the rule regarding SNC for late required reports, extended the 3D-day deadline to 45 days for SNC. Attachment A: Page 5 of 7 EPA ChanQe 9. Removal Credits - Provides updated references relating to requirements, that POTWs must meet to adjust removal credits for Combined Sewer Overflows (CSOs). Required/Optional: Optional Staff recommendation: Do not adopt Discussion: Staff is not recommending implementation of this change because it is not applicable to the nature of our wastewater collection and treatment system. Our system is a separate sewer system (i.e. wastewater only), and by its nature, it cannot have CSOs. EPA ChanQe 10. Miscellaneous ChanQes - Updates or corrects provisions on signatory requirements, net/gross calculations, and requirement to report all monitoring data. Required/Optional: Required Staff recommendation: N/A Discussion: We are required to ensure that rule revisions regarding signatory requirements and duly authorized representatives are incorporated in legal authority and permits. We also must ensure that applicable legal authority revisions are made to comply with the changed language for net/gross calculations. Finally, we must ensure that applicable I~gal authority revisions and any applicable permit revisions are made to require reporting of all monitoring data. .. . EPA ChanQe 11. Equivalent Mass Limits for Concentration Limits - Allows the City to calculate an equivalent mass limit for industrial use'rpermits for those pretreatment standards ...that are expressed in terms of concentration. . .. Required/Optional: Optional Staff recommendation: Adopt . Discussion: Staff is recommending implementation of this change. While the eligibility conditions for an industry to use equivalent mass units are complex, including requirement of a water conservation plan, wastewater flow measurement, records of production rates, and other conditions, this option may be beneficial ,to a few very large industrial dischargers in the area Staff has identified water conservation as a benefit to these dischargers, the treatment plant and to the environment as a whole. These benefits warrant a proposal to make this option available to qualified dischargers. EPA ChanQe 12. Classification Scheme for Certain Industries - Allows greater flexibility in classification of federal categorical industries (industries which fall under specific federal standards), including options for POTWs to create Non-Significant Categorical Industrial Users (NSCIUs), and Middle Tier Categorical Industrial Users. Required/Optional: Optional Staff recommendation: NSCIU: Adopt Middle Tier CIU: Do not adopt Discussion: Staff is recommending implementation of the portion of this option that creates the NSCIU category of permitted industrial discharger. While our Program and industries are currently covered by having a category called Non Discharging Categorical Industrial Users (NDCIUs), this designation is an Oregon-specific designation. If Oregon ever eliminates the Attachment A: Page 6 of 7 NDCIU designation, the NSCIU designation will be in place for small dischargers, avoiding future Program updates. Staff is not recommending implementation of the option pertaining to a Middle Tier of CIU. There are no industries in our area that meet the EPA criteria for this category, and even if new ones were to locate here, our current Pretreatment Program operations and categories are well-suited to address them. STREAMLlNG OPTIONAL CHANGES SELECTED - OREGON AGENCIES Review of the EPA streamlining changes and development of an implementation plan has been a lengthy and time consuming process for programs throughout the state of Oregon. Springfield-Eugene staff have collaborated with peer agencies and the DEQ, through active participation in the Association of Clean Water Agencies (ACWA) Pretreatment Committee, to analyze and select the best recommended approaches for our community and the industries we serve and regulate. The EPA optional changes do not lend themselves to a "one size fits all" approach, and therefore, regional and programmatic differences are leading peer agencies to recommend implementation of different options. Below, for informational purposes, is a sample of the peer agencies and the optional changes they are pursuing. . .... ".'0':." ;>.1:'>. ' '. "Iii::' '.... : ,1::';" .',10 '1: ~'Q) ;,:. C/)" -'Q) ;:0 '... .:,:';,0.,'0. ./E . ;..:;,....C/). ," '0.' ._ ~-o" '.1:, ...' 10 Q):'p..c: I: I::U Q).' '0: Q) C>U"~, C/).: ~-' ul.~ .,' IO,...J .~]:;,; , ..I: .'. c;'.. -0'. 0::. :;::;.::, ~_~/: .,g,'o,. Q):.p ',.0 , : ~~,,n :~::~o'".' '.._ u.... ;j 1:'-' " u:;::; . "'0"",0 E zo. W u,:J C/) 0 " -. ... ~. :,:/;' ,~;,: :,>..: ..'. ',~.:::: :;e:::;y:'j JiC~{I~'! .....:,.", ;.." City of Albany X City of Troutdale Clean Water Services X City of Canby City of The Dalles ;(Elii'gene/Spiirigfield:M\J\1;MQ; '; City of Corvallis X City of Roseburg City of Portland X City of Salem Total (all respondents) 4 % of respondents adoptin 40% X X X X X X X X X X , 'j <)(i)'; 'i:0}X:Y~';;;; c:-..X',:,,"::. '. -~.' X X X X X 5 5 3 0 0 3 50% 50% 30% none none 30% X o 7 none 70% TIME LINE: A summary of the actions to be taken and the schedule is provided below. July 2007: Present Streamlining and recommended/required changes to MWMC and City Councils in work sessions. Draft updated MWMC Model Ordinance, City ordinances and Procedures Manual with optional and required changes. ,. Attachment A: Page 7 of 7 Aug 2007: Submit packet to Oregon DEQ for approval (with included implementation time line of 1-year after DEQ approves,changes). Upon DEQ Approval: 1) Provide notice of proposed changes to regulated industries and provide comment period. 2) MWMC conduct public hearing on revised Model Pretreatment Ordinance and consider approval. 3),'City Councils conduct public hearings and consider adoption of ordinances amending the Municipal Codes as appropriate. 4) Reconcile any discrepancies with DEQ-approved changes. 5) Update City Administrative Rules. Upon Final Adoption: 1) Inform the DEQ and request updated Schedule E by reference letter. 2) Implement new program elements and Procedures Manual, including revisions and/or updates to discharge permits where necessary. RECOMMENDATIONS AND REQUESTED ACTION: This material is presented to the City Council as an early "heads up" that changes to the City's Industrial Pretreatment Program will be proposed in the future by way of amendments to the Municipal Code. While several of the changes are being mandated by the EPA, other changes are discretionary. Staff has thoroughly reviewed the optional changes with an eye toward keeping our Pretreatment Program straightforward and efficient, providing the regulated industries flexibility and certainty in their efforts to achieve compliance, and maintaining the Program's ability to readily identify and control critical pollutants that could threaten the wastewater treatment processes and water quality. This is an informational presentation only; however, Council questions and feedback are welcomed.