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Publicly Owned Treatment Works

Air Toxics Notebook

Publicly Owned Treatment Works

Applicability

eCFR Subpart VVV [ecfr.gov]

This subpart applies to:

Publicly owned treatment works which meet all follwing conditions:

  1. Publicly owned treatment works (POTW) which includes an affected source.
  2. The affected source is located at a POTW which is a Major Source of HAPs* or is located at any industrial POTW;
  3. The POTW is required to develop and implement a pretreatment program (defined in 40 CFR 403.8), or the POTW would meet the general criteria for development and implementation of a pretreamtent program.

OR

Must demonstrate that all units up to the secondary influent pumping station or the secondary treatment units do not emit a fraction exceeding 0.014.

 


Definition of "Affected Source":

  • The group of all equipment that comprise the POTW treatment plant.


Definition of "Industrial POTW" / "Group 1 POTW":

  • A POTW that accepts a waste stream regulated by an industrial NESHAP and provides treatment and controls as an agent for the industrial discharger.
  • The industrial discharger complies with its NESHAP by using the treatment and controls located at the POTW. For example, an industry discharges its benzene-containing waste stream to the POTW for treatment to comply with 40 CFR part 61, Subpart FF—National Emission Standard for Benzene Waste Operations.
  • This definition does not include POTW treating waste streams not specifically regulated under another NESHAP.
  • With the October 2017 Final Rule, the EPA renamed an ‘‘industrial POTW treatment plant’’ as a ‘‘Group 1’’ POTW treatment plant and a ‘‘non-industrial POTW treatment plant’’ as a ‘‘Group 2’’ POTW treatment plant.


Definition of "POTW" / "Group 2 POTW":

  • Any publicly owned treatment works which is owned by a State, municipality, or intermunicipal or interstate agency and therefore eligible to receive grant assistance under the Subchapter II of the Clean Water Act.
  • Any federally owned treatment works as that term is described in section 3023 of the Solid Waste Disposal Act.
  • This definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment. The wastewater treated by these facilities is generated by industrial, commercial, and domestic sources.
  • With the October 2017 Final Rule, the EPA renamed an ‘‘industrial POTW treatment plant’’ as a ‘‘Group 1’’ POTW treatment plant and a ‘‘non-industrial POTW treatment plant’’ as a ‘‘Group 2’’ POTW treatment plant.


*Major Sources of HAPs emit or have the potential to emit:

  • ≥ 10 tons/year of any single HAP; or
  • ≥ 25 tons/year of total HAPs.
  • Area Sources emit less than Major Sources
Rules apply to small, area sources?
Yes
Known Sources in NDEE Jurisdiction

No

Date of Original Final Rule
Amendments Dates

10/16/2017 - Final Amendments; Risk and Technology Review
12/08/2016 - Proposed Amendment; Risk and Technology Review
06/23/2003 - Amendments
10/21/2002 - Amendments
03/23/2001 - Corrections

State Regulations

Title 129, Chapter 13, Section 002.54

Previously: Chapter 28, Section 001.50.

Sources are also responsible for ensuring they are in compliance with current federal requirements found for this subpart in the CFR

Federal Regulations
40 CFR 63.1580
FAQ's, Fact Sheets, and Rules Summaries

EPA's Subpart VVV Website - [epa.gov] - contains federal register notices

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