TEXAS STATE BREAKOUT SESSION
27th Annual EPA Region VI
Pretreatment Association Workshop
August 3, 2011
Storm Water & Pretreatment Team
Water Quality Division
(512) 239-4671
TPDES Pretreatment Program Contacts
Water Quality Division, Storm Water & Pretreatment Team
 Rebecca L. Villalba, Team Leader
 Katie Greenwood
 Elaine Hassinger
 David James
 Allison Osborne
 Mary Ann (Mimi) Wallace
 Graham Webb
Austin Office: (512) 239-4671
Pretreatment Interns
 Lena Hoffman
 Hannah Rogers
TPDES Pretreatment Program Contacts
Coastal and East Texas, Region 12 Office
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Gary Fogarty, Pretreatment Compliance Investigator,
Houston (713) 767-3654
Barbara Sullivan, Team Leader
North Central and West Texas, Region 4 Office
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Pixie Wetmore, Pretreatment Compliance Investigator,
Dallas/Fort Worth (817) 588-5849
Karen Smith, Work Leader
Sunset Advisory Commission
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Audit ended in 2010
Overview of the entire TCEQ, rules, processes, etc.
Outcome and recommendations
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TCEQ to continue for 12 more years
Include “public health” to the current mission statement
Update website to provide easy access and in plain
language
Revise Compliance History
Adopt Enforcement policies in rules
Consider Supplemental Environmental Projects for local
governments to improve the environment
Clarify Executive Director’s authority to curtail water use in
water shortages and drought
State of Texas Legislative Session
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Meets every two years
Begins in January and ends in May
Bills are introduced to propose new laws or other
mandates
 Once a bill is approved, the TCEQ will be required to
adopt rules or other procedures to implement the
requirements
 HB2694:
 continues TCEQ for 12 years to 2023
 maximum penalty increased to
$25,000/day/violation; up from
$10,000/day/violation
 HB451: Don’t Mess with Texas Water Program
Substantial Modifications Initiative
 Initiative
to review pending substantial
modification packages started August
2009
 5 packages are pending review
 8 are under a TPDES permit action to
approve the substantial modification
 Others are undergoing city council
approval
Streamlining Rule
Nonsubstantial Modifications
 Complex
modifications, take just as
long as a substantial modification
 8 packages are pending review
 Others are undergoing city council
approval
Review of Modifications
 We
continue to focus on review of the
modifications on a timely manner

180 days to technically complete
• (i.e. city council letter)
 Thank
you for your cooperation with
your responses and revisions
 Nonsubstantial
modifications without
Streamlining Rule provisions

45 days to review
Streamlining Rule
Guidelines for Submission
 TCEQ
highly recommends that the
language in your modification adheres
to the language in 40 CFR Part 403
 The EPA’s Model Pretreatment
Ordinance provides recommended
language
 Provide revised program in “tracked
changes”
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both electronic and hard copies
Streamlining Rule
Which optional provisions to implement?
What should the CA consider?
•Resources
•Staff technical knowledge
•Administrative burden
•Data management and tracking systems
•Complexity of the SIUs
•Pressure from local interests
•Complexity of the annual
pretreatment program report
•Once adopted, it will require a
substantial modification to remove
Streamlining Rule
 “Optional”
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Changes – Summary
Sampling for Pollutants Not Present for
CIUs
General Control Mechanisms
Best Management Practices in lieu of
local limits
Equivalent Concentration for Flow-Based
Standards
Equivalent Mass Limits for Concentration
Limits
Oversight of CIUs: NSCIUs and MTCIUs
Streamlining Rule
Changes to Audit and PCI Reviews
 Audits and PCIs may vary, both in length
and complexity:
• All required provisions will be reviewed
• Additional information reviewed will
depend on the optional provisions
adopted by the CA
Nonsubstantial Modifications with
Streamlining Rule
 The
TCEQ requests that CAs
submit the Streamlining Rule
modifications:
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In one package
With the TCEQ cover sheet checklist,
and additional checklists as applicable
The Streamlining Rule package will be a
complete replacement of the existing
approved pretreatment program
Draft with “tracked changes”
Technically Based Local Limits

Within 60 days of the issued date of the
TPDES permit submit:
Written certification of reassessment
 TBLLs Reassessment Form
(TCEQ-20221)
OR
 Notification of Redevelopment of TBLLs

• Due 12 months from permit issuance
IMPORTANT: Know your permit. Several miss
this deadline. Missing deadlines could result
in enforcement actions.
Technically Based Local Limits
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Reassessment must show that the
existing TBLLs:
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attain the Texas Surface Water Quality
Standards (TSWQS)
adequate for the sludge disposal option
used
adequate to prevent pass through,
interference, worker health and safety
problems, and sludge contamination
Technically Based Local Limits
Sampling Plan
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Submit at least 30 days prior to conducting
comprehensive study
Sampling Plan Checklist
Include WWTP schematic with sampling
locations identified
Domestic/Commercial area maps with
sampling locations identified
Influent Priority Pollutant Scan
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Submit with the Sampling Plan and list of POCs or
Submit at a later date along with the list of POCs
Pretreatment Audits
Approved Pilot Project
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Risk-Based Audit Approach
Three year pilot project
Eligibility criteria reviewed and accepted by EPA
Audit less programs each year
 Audit 15% of TPDES universe, instead of 20%
• 11 audits per year, instead of 14
Criteria has been set-up for high performing programs
Programs that meet criteria will be audited every 7
years, instead of every 5 years
Evaluation is conducted on an annual basis
Provide incentive to improve performance, compliance
with pretreatment regulations, and pollution prevention
Pretreatment Audits
Proposed Pilot Project
 Criteria
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includes:
minimum qualifications and
Optional criteria for extra points
 CA’s
pretreatment staff changes will
also be considered
Pretreatment Audits
Proposed Pilot Project
 Minimum
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criteria includes:
No pass through or interference
Less than 10% SIUs in SNC
Inspecting and sampling all SIUs each year
Compliance History rating equal to or greater than
Average
No formal enforcement for water quality related
violations
No TIE/TRE or biomonitoring problems
All violations from last audit have been resolved
 Confirmed
by the PCI
Pretreatment Audits
Proposed Pilot Project
 Extra points includes:
 National or state level environmental or
pretreatment award winner
 Pollution prevention activities
 Fats, oil, and grease program
 Awards program for SIUs
 Compliance History rating is High
 SSO Initiative
 Beneficial sludge use
 SIU effluent reuse practices
Annual Reports
Examples of Deficiencies
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Not submitting the forms in the TPDES permit
and the PPS form
Not sampling SIUs at the required frequency in
approved program
Not sampling the WWTP at the required
frequency in the TPDES permit
Not sampling for all the additional 30 TAC
Chapter 307 pollutants
Forgetting to include the most stringent criteria
(values) from: TexTox, Hazardous Metals Rule,
and TPDES permit limit
Annual Reports
Examples of Deficiencies
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TexTox Reports need to be requested at least one
month prior to the annual report due date
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TexTox daily average values are given in ug/L
o
o
o
Aquatic Life and/or
Human Health
Compare and select most stringent
Surface Waters
Annual Reports
MAHL versus Influent Concentration
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EPA’s Local Limits Development Guidance, July 2004, EPA933-R-04002A
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The % of the MAHL is to be calculated using the following formulas:
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Equation A: L INF = ( CPOLL x QWWTP x 8.34) / 1000
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Equation B: L% = (L INF / MAHL) x 100
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Where:
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L INF = Current Avg influent loading in lb/day
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CPOLL = Avg concentration in µg/L of all influent samples collected
during the pretreatment year
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QWWTP = Annual Avg flow of the WWTP in MGD, defined as the
arithmetic average of all daily flow determinations taken within the
preceding 12 consecutive calendar months (or during the
pretreatment year), and as described in the Definitions and
Standard Permit Conditions section
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L% = % of the MAHL
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MAHL = Calculated MAHL in lb/day
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8.34 = Unit conversion factor
Transportation Equipment Cleaning
and Metal Finishing?
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Transportation Equipment Cleaning (TEC) [40 CFR Part
442] facilities:

Categorical industrial users
Some TEC facilities also use brighteners to clean the
tanker trucks
 Question: Is this activity also subject to the Metal
Finishing [40 CFR Part 433] regulations?
TCEQ has requested that EPA provide a decision on
this “new” discovery
In the meantime, TCEQ only considers these facilities
subject to the TEC regulations
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generate wastewater from cleaning the interior of tank trucks;
closed-top hopper trucks, rail cars, and barges; rail tank cars;
intermodal tank containers; tank barges; and ocean/sea tankers
used to transport materials or cargos that come into direct contact
with the tank or container interior
Water Quality Standards and
Implementation Procedures
 The
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TCEQ has revised the:
2000 Texas Surface Water Quality Standards
(TSWQS) and
Implementation Procedures
 Adopted
by Commission in June 30, 2010
 Codified in 30 TAC Chapter 307
Water Quality Standards and
Implementation Procedures
 Pending
EPA review
 Until the EPA approves these, the 2000
TSWQS will apply to:
• federal permits (TPDES) and
• other Clean Water Act purposes
 2010 TSWQS effective July 22, 2010, for all
State only (non-federal) permits
Water Quality Standards and
Implementation Procedures
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EPA finalized the first round of approvals and
disapprovals of the 2010 Standards in an action
letter dated June 29, 2011.
 Outstanding portions still under review include:
 nutrient numeric criteria for reservoirs,
 numeric criteria for the protection of aquatic life,
 the framework for assigning the presumed use
of secondary contact recreation 1 for certain
unclassified water bodies,
 the Cypress Creek Use-Attainability Analysis,
and
 the Lavaca River Use-Attainability Analysis.
Water Quality Standards and
Implementation Procedures
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TCEQ is revising the Implementation
Procedures based on EPA comments
 Plan presenting revisions to Commission by
the February 22, 2012 agenda.
 Revisions will be focused only on:
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the reasonable potential approach for whole
effluent toxicity (WET) and
de-chlorination requirements for facilities
smaller than 1 MGD (facilities larger than 1MGD
already have that requirement).
• EPA wants everyone to de-chlorinate
Minimum Analytical Levels
 The
TCEQ has revised the existing
MALs and list of approved suggested
methods for the TPDES program
 Some

MALs were updated
Lowered due to EPA’s lowered MQLs
 Many
new MALs for additional pollutants
were added to the list
Minimum Analytical Levels
 Once
MALs are approved by the EPA, the
TCEQ will revise the TPDES pretreatment
program
 For now, please continue to operate under
the existing 2003 MALs
Minimum Analytical Levels
What does is mean to a pretreatment program?
 Annual
report effluent values need to be
reported to “<“ the MAL
 Used to demonstrate that a pollutant is not
present in an IU’s discharge
 Combined wastestream formula (CWF)
alternate categorical pretreatment
standards may not be below the MAL
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If so, CWF cannot be used and the
wastestreams must be segregated
Laboratory Accreditation
and Certification
 Application
 Fields
of accreditation (FoAs)
 Laboratories are assessed against the
provisions of the 2009 TNI NELAP
Standards.
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http://www.tceq.state.tx.us/assets/public/complia
nce/compliance_support/qa/txnelap_lab_list.pdf
TCEQ Investigation Checklists

Investigation checklists are posted on the
TCEQ’s "Businesses" website.
 Includes the Investigation Protocols and
Checklists for all media.
 Documents developed to assist in the
preparation and conduct of investigations related
to specific rules, regulations, and permits.
 http://www.tceq.texas.gov/field/investigations/inv
estprotocols
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Go to the "Resources for Businesses" main link, scroll to the
Compliance & Enforcement Section, click on Investigation
Protocols and Checklists
Pesticides General Permit TXG870000
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General permit authorizing the application of pesticides
into or over, including near waters of the U.S. for the
control of mosquito and other insect pests, vegetation
and algae, nuisance animal, area-wide pest and forest
canopy pest.
The annual pest management area threshold for
mosquito and other insect pests, area-wide pest and
forest canopy pest controls is 6,400 acres or greater.
For vegetation and algae and nuisance animal controls,
the treatment area threshold is 100 acres in water and
200 linear miles at water’s edge.
Permit will be Effective October 31, 2011.
TPDES Pretreatment Program Website
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The Pretreatment website is organized as follows:
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Information for Approved Pretreatment Programs
Information for POTWs without Approved Pretreatment
Programs
TPDES Permit Pretreatment Requirements
Industrial Wastewater Discharges to a POTW: Am I
Regulated?
EPA Pretreatment Categories and Standards
Reporting Requirements for CIUs
Wastewater Pretreatment Training and Seminars
Reporting forms, tables, modification checklists
Available on our website:
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Report forms
http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment
/index.html
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Pretreatment Streamlining Rule Required Modification
Checklists
http://www.tceq.state.tx.us/permitting/water_quality/wastewater/pretreatment
/approved_programs_modifications.html
RVIPA Board
 Election
for new At-Large Member
 Selection of new treasurer