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.
. ....
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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',:,,"::.
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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.