Illinois Environmental Protection Agency
Office of Water Management
State Pretreatment Group
Section I: Introduction.
On July 24, 1990, the USEPA promulgated the Domestic Sewage Study (DSS) Rule, and amendment to the General Pretreatment Regulations (40 CFR 403) that became effective on August 23, 1990. This rule contains two new provisions requiring industries to report the substances that they discharge to the POTW if the substances would otherwise be hazardous waste under 40 CFR 261.
The first report 403.12(p) is a one-time notice to the local POTW authority and the State and Regional hazardous waste authorities (see Section VI). Affected industries that were discharging on August 23, 1990 must submit the report by February 23, 1991. Affected industries commencing discharge after August 23, 1990 must submit the report within one hundred eighty (180) days after starting discharge. Also, 403.12(p)(3) requires affected industries to update their initial notices in the future whenever the USEPA identified any new hazardous wastes under RCRA 3001 within ninety (90) days of the effective date of the new regulation.
The second report 403.12(j) is the requirement for the industry to promptly notify the POTW in advance of any substantial changes in the volume or character of the pollutants in the discharge. Wherever the substantial change involves a substance reported under 403.12(p), the 403.12(j) report should update the information in the first notice.
Section II: Contents of the Reports.
The industry should use Sections III-V below to determine what information should be reported. Section III identifies the hazardous waste substances. If the industry’s discharge contains none of these substances, the industry is not affected by 403.12(p).
If the industry’s discharge contains a hazardous waste identified in Section III, the industry should refer to Section IV to determine if the substance must be reported. If it does not need to be reported, the industry, again, is not affected by 403.12(p).
If the industry discharges any waste substances that must be reported under 403.12(p), the industry must include the information specified in Section V for each affected waste substance. However, there is an important exception. Categorical industries do not have to report pollutants that are already reported in the: (1) Baseline Monitoring Report (BMR) 403.12(b), (ii) 90-Day final Compliance Report 403.12(d), and (iii) Periodic Reports 403.12(e).
If an industry is unaffected by 403.12(p), we recommend that the industry at least notify the regulatory agencies in Section VI why they are not affected. Although this is not required, it will help avoid any misunderstandings that may result from the lack of communication.
Section III: Hazardous Waste Substances.
A. Listed Wastes (261.30-33): Waste substances identified on one of the following lists:
1. Acute hazardous wastes (designated by Hazard Code “H”):
a. “P” listed wastes 261.33(e) from any discarded (unused) commercial chemical product (or manufacturing intermediate), off-specification commercial chemical product (or manufacturing intermediate), or spill residues, and
b. “F” listed wastes 261.31 identified acute under 261.30(d). (“K” listed wastes 261.32 may be identified in the future.)
2. Non-acute* hazardous wastes:
a. “F” listed wastes 261.31 from non-specific sources that are not acute;
b. “K” listed wastes 261.32 from specific sources that are not acute (presently, none are acute);
c. “U” listed wastes 261.33(f) from and discarded (unused) commercial chemical product (or manufacturing intermediate), off-specification commercial chemical product (or manufacturing intermediate), or spill residues.
*Note: All “U” listed wastes and some “F”, “K” and “P” listed wastes are Toxic Wastes (designated by Hazard Code “T”).
B. Characteristic Hazardous Wastes (261.20-24): Unlisted waste substances that are hazardous because they exhibit at least one of the following hazardous characteristics:
1. Ignitability (Hazard Code: I) (261.21),
2. Corrosivity (Hazard Code: C) (261.22),
3. Reactivity (Hazard Code: R) (261.23), or
4. Toxicity Characteristic** (Hazard Code: E) (261.24).
**Note: The Toxicity Characteristic (TC) replaced the Extraction Procedure (EP) Toxicity for large quantity generators (more than 1,000 kilograms/month) on September 25, 1990. Small quantity generators (100-1,000 kilograms/month) are subject to the EP Toxicity test until March 29, 1991.
Section IV: Wastes That Must Be Reported.
The definition criteria for hazardous waste under 261.3(a)(2)(ii)-(iii) decide the regulatory status of the hazardous waste substances (Section III). If a substance does not fulfill the criteria, it is not deemed hazardous and, hence, is exempt from the 403.12(p) reporting requirement. The purpose of this Section is to explain how these criteria affect the status of a waste.
A. According to 261.3(a)(2)(ii), a listed waste (261.30-.33) is no longer hazardous if it is de-listed under 260.20 and 260.22. Therefore, a de-listed waste does not need to be reported.
B. If a hazardous waste mixes with non-hazardous waste streams prior to being discharged to the POTW, the waste is subject to the “mixture rule” 261.3(a)(2)(iii). This rule affects the regulatory status of the different categories of hazardous wastes differently.
1. If a substance is a characteristic hazardous waste (261.20-24), it becomes non-hazardous if it no longer exhibits the hazardous characteristic after mixing. However, if the hazardous characteristic persists after mixing, the entire discharge becomes characteristic hazardous waste that must be reported if the quantity exceeds fifteen (15) kilograms/month.
2. If the substance is a listed hazardous waste 261.30-33 solely because it exhibits one of the hazardous characteristics 261.20-24, the substance is subject to the same requirements as a characteristic hazardous waste. This applies only to listed wastes with the following Hazardous Codes: I, C, R and E.
3. If, however, the substance is a listed acute or toxic hazardous waste 261.30-33 (Hazard Codes: H, T), the entire discharge containing the substance becomes acute or toxic hazardous waste. The industry must report any quantity of discharge that is acute hazardous waste or any discharge above fifteen (15) kilograms/month that is toxic hazardous waste. Effluent or residue from the pretreatment of acute or toxic hazardous waste continues to be hazardous unless it is de-listed.
If the industry needs assistance deciding if its discharge is hazardous, call the EPA RCRA Hotline (800/424-9346).
Section V: Minimum Information Required for Each Affected Waste.
A. The industrial user must certify that they have a program in place to reduce the volume and toxicity of hazardous wastes being generated to the degree that has been determined to be economically feasible 403.12(p)(4).
B. Information Required for each Waste:
1. Name of hazardous waste (as listed in 261),
2. EPA hazardous waste number, and
3. Type of discharge (continuous, batch, other-specify).
C. Additional information required for wastes discharged in quantities above one hundred (100) kilograms/month (to the extent that the information is known and readily available to the industry):
1. Identification of hazardous constituents in the waste,
2. Estimate of mass and concentration of each hazardous constituent discharged in one (1) month, and
3. Estimate of the mass of constituents expected to be discharged during the following twelve (12) months.
Section VI: Agencies That Must Be Notified Under (403.12(p)).
1. Local Sewage Plant Authority (Local Pretreatment Coordinator if authority has an approved pretreatment program),
2. Hazardous Waste Record Officer
Illinois Environmental Protection Agency
3. Mr. David Ullrich, Director
Waste Management Division 5H-12
U.S. EPA Region 5
230 South Dearborn Street
Chicago, IL 60604
(1960 Code, Ch. 38, Appendix) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)