MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule
		EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)	

FROM:		Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph: (202) 566 1014
            johnston.carey@epa.gov

DATE:		14 September 2015

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SUBJECT:	Notes from Technical Meeting with States (19 March 2015) [DCN 0224]
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Overview 

      This was the twenty-second meeting between EPA and individual representatives from authorized NPDES programs. These meetings provided greater clarity regarding public comments on the NPDES Electronic Reporting Rule (eRule). Participants are listed below in Tables 1 and 2. EPA is summarizing the notes from these discussions for the docket in order to provide transparency on EPA's outreach during the rulemaking process (see Table 3). EPA also met with other stakeholders to discuss public comments. 
      
Meeting Notes
      
     EPA (Mr. Carey Johnston) started the meeting by reminding state participants that in addition to raising questions during these meetings, states can email their questions on the proposed rule (including the data elements) to EPA. Questions on all aspects of the proposed rule can be sent to Mr. Johnston. Mr. Johnston also reminded everyone that this outreach does not constitute a decision-making body (see "Quick Reminder" section below).
     
     Mr. Johnston started the technical discussion by reading the name of each pretreatment data element along with the corresponding data description and regulatory or policy citation. After reading about five to ten elements at a time, Mr. Johnston asked for input from meeting participants. Below are some questions and comments from the meeting participants.
     
* Several state representatives asked for clarification on the "Listing of Months in SNC" data element. EPA added clarification in the final rule for this data element: "This data element will identify for each Significant Industrial User (SIU) and Non-Significant Categorical Industrial User (NSCIU) the month or months the IU is in SNC within the reporting period. These data must be provided in YYYY-MM format where YYYY is the year and MM is the month." This approach is flexible and will accommodate the different reporting periods used by Approval Authorities. 
   
* A state representative from Missouri ask how the rulemaking addresses how to define significant noncompliance (SNC). Mr. Johnston noted that the rulemaking does not change how EPA defines SNC, rather this rulemaking focuses on transitioning NPDES reporting from a paper to an electronic processing system. 

* Several state government representatives asked for clarification on the "Pretreatment Program Approval or Modification Date" data element. EPA provided clarification in the final rule: "The date the pretreatment program was approved or substantially modified. This data element can be system generated by carrying forward the most recent date (approval or modification). The date must be provided in YYYY-MM-DD format where YYYY is the year, MM is the month, and DD is the day." States also requested that EPA include a notation that these data elements do not apply to the development, evaluation, or compliance monitoring activities supporting wastewater surcharge rates. EPA has included this note in the final rule.
   
* Several state representatives asked for clarification on the `Significant Industrial User Subject to Local Limits" data element. These representatives suggested that EPA limits responses for this data element to "Yes" or "No." EPA has incorporated this suggestion in the final rule. 
   
* Several state representatives asked for clarification on the "Significant Industrial User Wastewater Flow Rate" data element. In the final rule EPA included the following description for this data element: "This data element will identify for each Significant Industrial User (SIU) or Categorical Industrial User (CIU) that is discharging to a POTW (including non-domestic wastewater delivered by truck, rail, and dedicated pipe or other means of transportation) the estimated maximum monthly average wastewater flow rate (in gallons per day)."
   
* Several state representatives asked for EPA to include the phrase "unique code/description that identifies" for each of the following data elements: Industrial User Causing Problems at POTW, Receiving RCRA Waste, and Receiving Remediation Waste. States requested this change as the use of codes instead of free text fields will help make data entry and sharing easier. EPA included this phrase in the final rule to facilitate easier data entry and sharing.
   
* Several state representatives asked that EPA delete the "Control Authority Resources" data element from the final rule. EPA has not retained this data element in the final rule. 

      Following the meeting, EPA received e-mails from individual state government representatives on the data elements reviewed in this meeting. These e-mails are listed in Attachment 1.

Quick Reminder
   *    The technical workgroup is not a decision-making body. Members of the workgroup provide clarity on their comments and suggest options for consideration by EPA and state senior management.
   
   *    There are no formal quorum rules for the workgroup. Scheduled teleconferences will proceed with whichever workgroup members call in to participate.

   *    There will be no voting or consensus of the workgroup. Instead, members of the workgroup are providing individual input reflecting their various perspectives.

   *    Summaries of the workgroup's discussions will be prepared for and reviewed by the workgroup, for presentation to EPA senior management and other states and the rulemaking record.


Table 1: State Technical Workgroup Members - 19 March 2015

                                 Main Contact
                             State or Organization
                              Main Contact Email
                         State/Org. Present? (Yes/No)
                                 Sean  Rolland
                                     ACWA
                             srolland@acwa-us.org
                                      Yes
                                 Karen Lechner
                                      AK
                           karen.lechner@alaska.gov
                                      Yes
                                 Christy Monk
                                      AL
                             cvm@adem.state.al.us
                                      Yes
                                 Eric Cleckler
                                       
                          ecleckler@adem.state.al.us
                                       
                                  Glenda Dean
                                       
                             gld@adem.state.al.us
                                       
                                 Teresa Marks
                                      AR
                            marks@adeq.state.ar.us
                                      Yes
                                   Pat Goff
                                       
                             goff@adeq.state.ar.us
                                       
                                   Mo Shafii
                                       
                            shafii@adeq.state.ar.us
                                       
                                 Karen Bassett
                                       
                           bassett@adeq.state.ar.us
                                       
                                 David Ramsey
                                       
                            ramsey@adeq.state.ar.us
                                       
                                Ellen Carpenter
                                       
                          carpenter@adeq.state.ar.us
                                       
                                Wendy LeStarge
                                      AZ
                           lestarge.wendy@azdeq.gov
                                      No
                                 Robin Belley
                                       
                            belley.robin@azdeq.gov
                                       
                                  David Lelsz
                                       
                            lelsz.david@azdeq.gov;
                                       
                         Darren Polhemus             
                                      CA
                         dpolhemus@waterboards.ca.gov
                                      Yes
                       Renee Purdy                      
                                       
                        renee.purdy@waterboards.ca.gov
                                       
                        Deborah Smith                  
                                       
                           dsmith@waterboards.ca.gov
                                       
                       Vicky Whitney                   
                                       
                          vwhitney@waterboards.ca.gov
                                       
                                  Andy Putnam
                                      CO
                           andrew.putnam@state.co.us
                             goff@adeq.state.ar.us
                                      Yes
                                 Elisa Willard
                                       
                           elisa.willard@state.co.us
                                       
                                 Bob Zimmerman
                                      DE
                         robert.zimmerman@state.de.us
                          stephanie.bower@state.de.us
                                      Yes
                                   Tom Tyler
                                     ECOS
                                ttyler@ecos.org
                                      No
                                  Chris Klena
                                      FL
                         chris.m.klena@dep.state.fl.us
                                      Yes
                              Jessica Kleinfelter
                                       
                      jessica.kleinfelter@dep.state.fl.us
                                       
                                 Edward Smith
                                       
                        edward.c.smith@dep.state.fl.us
                                       
                                       
                                       
                                       
                                       
                               Frances Carpenter
                                      GA
                       frances.carpenter@dnr.state.ga.us
                                      Yes
                                Scott Miyashiro
                                      HI
                        scott.miyashiro@doh.hawaii.gov
                                      No
                                 Tom Easterly
                                      IN
                             teasterl@idem.in.gov
                              ckoontz@idem.in.gov
                                      Yes
                               Jeremy Chenevert
                                       
                             jcheneve@idem.in.gov
                                       
                                 Mark Stanifer
                                       
                             mstanife@idem.in.gov
                                       
                               Courtney Cswercko
                                      IA
                        courtney.cswercko@dnr.iowa.gov
                                      No
                                 Ed Dillingham
                                      KS
                            edillingham@kdheks.gov
                                      Yes
                                 Steve Caspers
                                       
                              scaspers@kdheks.gov
                                       
                             Shelly Shores-Miller
                                       
                              sshoresm@kdheks.gov
                                       
                                Shawn Hokanson
                                      KY
                             shawn.hokanson@ky.gov
                                      Yes
                                  Grace Scott
                                      MI
                              scottg@michigan.gov
                                      Yes
                                Carla Davidson
                                       
                            davidsonc@michigan.gov
                                       
                                 Ruth Wallace
                                      MO
                            ruth.wallace@dnr.mo.gov
                                      Yes
                                  Walter Fett
                                       
                            walter.fett@dnr.mo.gov
                                       
                              Christopher Miller
                                       
                            epermitting@dnr.mo.gov
                                       
                                  Tamara Dahl
                                      MN
                            tamara.dahl@state.mn.us
                                      Yes
                                 Paul Scheirer
                                       
                           paul.scheirer@state.mn.us
                                       
                                  John Murphy
                                    NEIWPCC
                              jmurphy@neiwpcc.org
                                      No
                        Deborah Gore                   
                                      NC
                            deborah.gore@ncdenr.gov
                                      Yes
                        Bradley Bennett               
                                       
                          bradley.bennett@ncdenr.gov
                                       
                                 Jason Lonardo
                                      NJ
                         jason.lonardo@dep.state.nj.us
                                      Yes
                                 Julio Collazo
                                       
                         julio.collazo@dep.state.nj.us
                                       
                                 Robert Wither
                                      NY
                          rewither@gw.dec.state.ny.us
                                      Yes
                                 Joseph DiMura
                                       
                          jxdimura@gw.dec.state.ny.us
                                       
                      Alan Tinney                        
                                  Dave Gaskin
                                      NV
                              atinney@ndep.nv.gov
                                      Yes
                                       
                                       
                              dgaskin@ndep.nv.gov
                                       
                    Brian Hall                             
                                      OH
                            brian.hall@epa.ohio.gov
                                      Yes
                     Erin Sherer                          
                                       
                           erin.sherer@epa.ohio.gov
                                       
                             Shellie Chard-McClary
                                      OK
                       shellie.chard-mcclary@deq.ok.gov
                                      Yes
                                  Roy Walker
                                       
                             roy.walker@deq.ok.gov
                                       
                                 David Pruitt
                                       
                            david.pruitt@deq.ok.gov
                                       
                                 Jim Billings
                                      OR
                         billings.jim@deq.state.or.us
                                      Yes
                                 Sean Furjanic
                                      PA
                               sefurjanic@pa.gov
                                      No
                                Kent Woodmansey
                                      SD
                          kent.woodmansey@state.sd.us
                                      Yes
                                   Tim Flor
                                       
                             tim.flor@state.sd.us
                                       
                                Albert Spangler
                                       
                          albert.spangler@state.sd.us
                                       
                               Lawrence Bunting
                                      TN
                           lawrence.bunting@tn.gov  
                                      Yes
                                 Yatasha Moore
                                       
                            yatasha.moore@tn.gov   
                                       
                                  Kim Wilson
                                      TX
                           kim.wilson@tceq.texas.gov
                                      Yes
                               Rebecca Villalba
                                       
                        rebecca.villalba@tceq.texas.gov
                                       
                                 Lynley Doyen
                                       
                          lynley.doyen@tceq.texas.gov
                                       
                               Kimberly Shepard
                                       
                        kimberly.shepard@tceq.texas.gov
                                       
                                 Jeff Studenka
                                      UT
                              jstudenka@utah.gov
                                      No
                                 Jerome Brooks
                                      VA
                        jerome.brooks@deq.virginia.gov
                                      Yes
                                Deborah Debiasi
                                       
                       deborah.debiasi@deq.virginia.gov
                                       
                                  Phani Eturu
                                       
                         phani.eturu@deq.virginia.gov
                                       
                                Stephen Bernath
                                      WA
                              sber461@ecy.wa.gov
                                      Yes
                                  Dave Knight
                                       
                              dakn461@ecy.wa.gov
                                       
                                  Nancy Kmet
                                       
                              nkme461@ecy.wa.gov
                                       
Participants in this meeting also included state representatives from Idaho, Louisiana, Mississippi, Montana, New Hampshire, New Mexico, North Dakota, South Carolina, and Wisconsin.

Table 2: EPA Technical Workgroup Members

                                     Name
                                  EPA Office 
                                     Email
                               Present? (Yes/No)
                                John Dombrowski
                                 OECA/OC/ETDD
                            dombrowski.john@epa.gov
                                      No
                                  Andy Hudock
                                 OECA/OC/ETDD
                             hudock.andrew@epa.gov
                                      Yes
                                Rochele Kadish
                                 OECA/OC/ETDD
                            kadish.rochele@epa.gov
                                      No
                                Carey Johnston
                                 OECA/OC/ETDD
                            johnston.carey@epa.gov
                                      Yes
                                 Jackie Clark
                                  OW/OWM/WPD
                             clark.jackie@epa.gov
                                      Yes
                                  Jan Pickrel
                                  OW/OWM/WPD
                              pickrel.jan@epa.gov
                                      Yes
                                Ginny Phillips
                                 OECA/OCE/WED
                            phillips.ginny@epa.gov
                                      Yes
                                 Aditi Prabhu
                                    OGC/WLO
                             prabhu.aditi@epa.gov
                                      No
                                 David Apanian
                                   Region 4
                             apanian.david@epa.gov
                                      Yes
                                  Sandra Chew
                                   Region 9
                              chew.sandra@epa.gov
                                      No
                                  Glynis Hill
                                 OP/ORPM/PRAD
                              hill.glynis@epa.gov
                                      No

Table 3: State Technical Workgroup Discussions to Discuss Public Comments
      
                                      DCN
                                     Date
Topic
Data Source
                                   DCN 0219
                                  02/05/2015
Basic Facility and Permit Data
Ind. Permit Applications/NOIs
                                   DCN 0220
                                  02/12/2015
Basic Violation and Enforcement Action Data 
States & Ind. Permit Applications/NOIs
                                   DCN 0221
                                  02/26/2015
Municipal Separate Storm Sewer System (MS4) Information
Ind. Permit Applications/NOIs & MS4 Program Report
                                   DCN 0222
                                  03/05/2015
Construction and Industrial Stormwater Information
Ind. Permit Applications/NOIs
                                   DCN 0223
                                  03/12/2015
CSO & Collection System Information & Sewer Overflow Data
Ind. Permit Applications/NOIs & Sewer Overflow Event Reports
                                   DCN 0224
                                  03/19/2015
Pretreatment Data
Ind. Permit Applications/NOIs & Annual POTW Pretreatment Program Reports, CIU/SIU Reports When EPA or State is Control Authority
                                   DCN 0225
                                  03/26/2015
Cooling Water and Thermal Variance Data
Ind. Permit Applications/NOIs
                                   DCN 0226
                                  04/02/2015
Biosolids Data
States & Ind. Permit Applications/NOIs & Annual Biosolids Reports
                                   DCN 0227
                                  04/09/2015
CAFO Data
Ind. Permit Applications/NOIs & Annual Biosolids Reports
                                   DCN 0228
                                  05/13/2015
Review of Appendix A
All NPDES program data
                                   DCN 0229
                                  05/27/2015
Review of State Representative Questions to EPA
All NPDES program data

   Attachment 1 - Emails from Representatives from Authorized NPDES Programs
E-mail from David Ramsey <RAMSEY@adeq.state.ar.us>
Thu 3/12/2015 3:20 PM
ADEQ does not have a permit for CIUs where the State is the control authority. When we entered the ARPs into PCS we did not have to enter the permit issue, effective, and expiration dates, so when they were migrated to ICIS and the data elements were required, they were marked as "Pending".  We could use the POTW dates, but since the State is the control authority, neither State nor the permittee issues permits or permit coverage to these facilities (as far as I know). 
Also, if we used the POTW dates, we would have to renew all of the CIUs and update their information in ICIS-NPDES every time we renew the POTW permit (unless this could be done automatically.  Another problem is that the ICIS staff does not receive updates when CIUs are added, terminated, or updated (transfer of ownership, legal name changes, changes of authorization, etc.).  
If all of this information is automatically populated through the permit application in electronic reporting system, I guess my opinion really won't make any difference.
EPA RESPONSE: EPA is interpreting its existing regulation at 40 CFR 403.12(i) to include Industrial User (IU) effective and expiration dates. EPA notes that many Regions and States have already been requiring that information as either a way to key the IU facilities to previous lists [see 403.12(i)(1) as well as under 403.12(i)(5)].  
E-mail from Tina McFarling <Tina.McFarling@state.sd.us>
Mon 3/23/2015 9:51 AM
I have a few questions and concerns that came up during the conference call last Thursday. The first concern is on the permit application section for NPDES permits. South Dakota is the control authority for the majority of POTWs in the state. How will our POTWs know what to enter under the control authority's NPDES number? Will that information be readily available for our POTWs. I'm just worried that their applications will not be accepted without this information and this will cause further delays in the permitting process.
EPA RESPONSE: The NPDES Electronic Reporting rule is not requiring NPDES application forms to be submitted electronically.  The NPDES Electronic Reporting rule is focused on required reports like Discharge Monitoring Reports (DMRs), Notices of Intent (NOIs), and Program Reports (examples:  Approved POTW Pretreatment Program annual report and annual sludge reports).  Consequently, South Dakota's permit drafting shouldn't be affected. As a matter of good oversight and practice, the NPDES permit writing staff and pretreatment staff should be working together to review the applications [which includes that the POTW is required to identify SIUs and other discharges per 40 CFR 122.21(j)(6) & (7)] and to ensure that the appropriate permit conditions are included in all POTW permits.
The second question and concern is about the two data elements that I brought up during the conference call. On the annual reports section there is a proposed data element for the IU's control mechanism's effective and expiration dates. As I brought up in the conference call, 40 CFR 403.12(i) does not specifically require this information and we are concerned about adding these specific data elements because the proposed rule is not supposed to be changing current requirements. Also, I have a question about 40 CFR 403.12(i)(5). Will there be a way that the approval authority require additional information and for the approved POTWs to report that information electronically?
EPA RESPONSE: EPA is interpreting its exiting regulation at 40 CFR 403.12(i) to include Industrial User (IU) effective and expiration dates. EPA notes that many Regions and States have already been requiring that information as either a way to key the IU facilities to previous lists [see 403.12(i)(1) as well as under 403.12(i)(5)].  It is particularly relevant when the approved POTW programs have reviewed or changed local limits per 40 CFR 122.44(j)(2)(ii) and the IU permit effective/modification/expiration date information helps demonstrate that the POTW is implementing new local limits. Regarding the last question, "Will there be a way that the approval authority require additional information and for the approved POTWs to report that information electronically," the final rule only requires electronic reporting of Appendix A data. All other data, non-Appendix A data, can be submitted on paper to the authorized NPDES program or electronically submitted as attachments to the NPDES forms. EPA's electronic reporting tools (NetDMR, NeT) are an example of such an arrangement, as they currently allow for electronic attachments (e.g., PDF files, CSV files). The final rule provides flexibility to states to customize their electronic reporting tools to collect additional information beyond the Appendix A requirements.
My final comment is about the annual report requirement for listing the months that the SIU is in SNC. I was confused, as SNC is calculated on a quarterly basis. I talked with Al Garcia from Region 8 for more clarification and I understand that this is more for tracking how long before the SIU is in compliance. I think that this data element may confuse some users (as it confused me) and additional explanation that this is for determining how long an SIU is out of compliance and not the actual SNC determination calculation may be needed. 
EPA RESPONSE: EPA's existing report requirements [40 CFR 403.12(i)(3)] require reporting on a "summary of the status of Industrial User compliance over the reporting period." EPA is using the "Listing of Months in SNC" data element to track the months each SIU/CIU is in SNC. It is important to note that this rulemaking does not redefine SNC for the pretreatment program. 
E-mail from Grace Scott <SCOTTG@michigan.gov>
Tue 3/24/2015 6:42 PM
During the call we talked about the SIU data and how it will need to be added.  Currently, the complete SIU lists (with detailed information) come in with the permit application.  Annual reports only describe additions and subtractions.  Will it take a full five year permit cycle to fully populate the database or will POTWs and/or states be expected to add all the background SIU information the first year?  Certainty, there will a need to have at least some SIU info entered initially, but will the bulk of it be required up front or with the permit application?
EPA RESPONSE: EPA's existing NPDES permit applications require a full listing of SIU/CIUs [see 40 CFR 122.21(j)(6)]. EPA is requiring authorized NPDES programs to share these data with EPA. EPA is implementing this final rule over five years, which should provide enough time for all authorized NPDES programs to share information on SIU/CIUs in advance of the deadline for the Pretreatment Program Report [403.12(i)], which is five years after the effective date of the final rule.

E-mail from Valentin Kouame <valentin.kouame@dep.nj.gov>
Mon 3/30/2015 11:51 AM
The New Jersey Department of Environmental Protection (NJDEP) is offering the following comments on the data elements for pretreatment electronic reporting following the March 10, 2015 and March 19, 2015 teleconference calls between EPA and the States.
Local Limits Adoption Date: The most recent date on which the Control Authority has adopted new local limits within the reporting period.
Comment: This data entry is in conformity with the ICIS data entry. In New Jersey, any local limits developed by a delegated POTW (POTW with an approved pretreatment program) and approved by the NJDEP must be adopted by the POTW's Board of Commissioners in accordance with the local law in order to be incorporated in the POTW's local Sewer Use Ordinance (SUO) or Rules and Regulations for legal implementation and enforcement. Without that adoption, the local limits are not enforceable.
EPA RESPONSE: EPA has included the "Local Limits Adoption Date" and "Local Limits Evaluation Date" data elements in the final rule. 
SNC with Pretreatment Standards (Program Report): This data element will identify for each Significant Industrial User (SIU) and Non-Significant Categorical Industrial User (NSCIU) that is discharging (including truck transportation) to this POTW whether the IU was in Significant Non-Compliance (SNC) with pretreatment requirements in the reporting period.
SNC with Pretreatment Standards Pollutants (Program Report): This data element will identify for each Significant Industrial User (SIU) and Non-Significant Categorical Industrial User (NSCIU) that is discharging (including truck transportation) the pollutants that related to the IU's Significant Non-Compliance (SNC) with pretreatment requirements in the reporting period.
SNC with Other Control Mechanism Requirements (Program Report): This data element will identify for each Significant Industrial User (SIU) and Non-Significant Categorical Industrial User (NSCIU) that is discharging (including truck transportation) to this POTW whether the IU was in Significant Non-Compliance (SNC) with any other control mechanism requirements in the reporting period.
Comment: 40 CFR 403.8(f)(2)(viii)(A) through (H) specify eight (8) specific SNC criteria. The descriptions of data elements for SNC are grouped into four (4) groups which are not consistent with the existing ICIS Pretreatment data entry for SNC criteria grouping, and the existing SNC criteria grouping noted on page PCA-14 , Section I.F.3.a of the EPA's Control Authority Pretreatment Audit Checklist. In order to avoid any confusion and ensure consistency in the pretreatment data reporting, the NJDEP recommends two (2) options for the data elements for SNC criteria grouping:
Option 1 (similar to ICIS Data Entry):
   * SNC with pretreatment standards pursuant to 40 CFR 403.8(f)(2)(viii)(A), (B), (C), (D), and (H),
   * SNC with reporting requirements pursuant to 40 CFR 403.8(f)(2)(viii)(F) and (G)
   * SNC with pretreatment compliance schedule(s) pursuant to 40 CFR 403.8(f)(2)(E)


Option 2 (similar to Pretreatment Audit Checklist)
   * SNC with applicable pretreatment standards and other reporting pursuant to 40 CFR 403.8(f)(2)(viii)(A), (B), (C), (D), (G), and (H),
   * SNC with self-monitoring requirements pursuant to 40 CFR 403.8(f)(2)(viii)(F)
   * SNC with pretreatment compliance schedule(s) pursuant to 40 CFR 403.8(f)(2)(E)
In addition, the NJDEP recommends that a reference citation be included with each SNC criteria grouping.
EPA RESPONSE: EPA will work with states to identify the possible reference values for these four data elements: SNC with Pretreatment Standards or Limits (Program Report), SNC with Pretreatment Standards or Limits Pollutants (Program Report), SNC with Reporting Requirements (Program Report), and SNC with Other Control Mechanism Requirements (Program Report). EPA will also develop training and guidance on how to properly report these data elements.
Industrial User Biosolids Contamination Indicator (Program Report): This data element will identify for each Significant Industrial User (SIU), Dental Industrial User (DIU), and Non-Significant Categorical Industrial User (NSCIU) whether the Industrial User caused or contributed to any problems with the receiving POTW's biosolids in the previous reporting period. EPA regulations require the Control Authority to develop and enforce local limits when the discharge from an IU causes or contributes to any problems (e.g., pass-through or interference) at the receiving POTW.
POTW Biosolids Contamination Indicator (Program Report): A unique code/description that identifies whether there have been any problems (e.g., pass-through or interference) with the receiving POTW's biosolids within the reporting period.
Comment: These two data elements noted above include the pass-through prohibition. The definition of pass-through under 40 CFR 403.3(p) does not involve an inhibition or disruption of the POTW's sludge processes, or the prevention of the POTW's chosen sludge management, rather a discharge exiting the POTW's treatment plant without treatment and causing a violation of the POTW's NPDES permit. Therefore, these two data elements should be based on the interference prohibition in accordance with the General Pretreatment Regulations, 40 CFR 403.3(k), which includes the prohibition of inhibition or disruption of the POTW's sludge processes, use or management. Thus, references to pass-through should be removed.
In addition, as mentioned by some callers, the definitions of the terms pass-through and interference should be included or referenced.
EPA RESPONSE: EPA revised these two data elements to read as follows.
   * POTW Biosolids or Sewage Sludge Contamination Indicator (Program Report): The one or more unique codes/descriptions that identify any problems (e.g., interference with the use or disposal of biosolids or sewage sludge, violation of NPDES permit requirements or EPA's regulations at 40 CFR 503) with the receiving POTW's biosolids or sewage sludge within the reporting period. See 40 CFR 403.3(k). EPA regulations require any Control Authority that must develop a Pretreatment Program also to develop and enforce local limits to ensure that the discharge from an IU does not cause or contribute a disruption of biosolids' use or disposal at the receiving POTW.
   * Industrial User Biosolids or Sewage Sludge Contamination Indicator (Program Report): The one or more unique codes/descriptions that identify for each Significant Industrial User (SIU) and Non-Significant Categorical Industrial User (NSCIU) whether the Industrial User caused or contributed to any problems (e.g., interference with the use or disposal of biosolids or sewage sludge, violation of NPDES permit requirements or EPA's regulations at 40 CFR 503) with the receiving POTW's biosolids or sewage sludge in the previous reporting period. See 40 CFR 403.3(k). EPA regulations require the Control Authority to develop and enforce local limits when the discharge from an IU causes or contributes to any problems e.g.at the receiving POTW.
