Document ZBKZnVYgXBaye82x10GxxJpKY

Pretreatment Audit Report City and County of Butte-Silver Bow MT-0022012 Butte, Montana August 14, 2023 to August 16, 2023 Prepared by: Al Garcia, Pretreatment Coordinator U.S. Environmental Protection Agency, Region 8 Wastewater Section (8WD-CWW) 1595 Wynkoop Denver, CO 80202 303.312.6382 garcia.al@epa.gov 1 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Report Review and Signature Drafter Name Al Garcia Reviewer Name Stephanie Passarelli Supervisor Signature/Name MICHAEL BOEGLIN Digitally signed by MICHAEL BOEGLIN Date: 2023.09.20 15:11:11 -06'00' Michael Boeglin Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8WD-CWW Denver, Colorado 80202 303-312-6382 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ENF-W-NW Denver, Colorado 80202 303-312-6803 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8WD-CWW Denver, Colorado 80202 303-312-6250 Date 09/11/2023 Date 09/12/2023 Date 9/20/2023 2 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Pretreatment Audit Summary Table City and County of Butte-Silver Bow Pretreatment Audit Report WY-0021920 July 17, 2023 to July 19, 2023 Pretreatment Audit Findings Pretreatment Requirement and Corrective Action Section 7.0 - Industrial User Inventory and Characterization Pretreatment Requirements 40 C.F.R. 403.8(f)(2) 40 C.F.R. 403.8(f)(2)(i-iii) Corrective Action Item Update the Industrial Waste Survey SOP to include notification to these IUs of applicable Pretreatment Standards, as required in 40 C.F.R. 403.8(f)(2)(iii). 1. 40 C.F.R. 403.8(f)(2) of the Pretreatment Recommended Item Regulations require BSB to "develop and implement The EPA has the following recommendations procedures" that "enable the POTW" to comply with to ensure BSB is meeting the requirements in these Pretreatment Program requirements. BSB has 40 C.F.R. 403.8(f)(2)(i-iii) to identify and developed an Industrial Waste Survey standard locate IUs in its service area: operating procedure (SOP) that describes the development and maintenance of the industrial waste inventory including the classification of the IUs and the collaborative relationships BSB has developed with its internal city departments to gather information on new IUs or tenant finishes at existing IUs. The Industrial Waste Survey SOP needs to be updated to include notification to these IUs of applicable Pretreatment Standards, as required in 40 C.F.R. 403.8(f)(2)(iii). x Participate in the Community Development Process within the City to ensure it is aware of new IUs planning to conduct business in the POTW's service area. x Collaborate with the Fire Department because they are in the facilities in the service area and may provide additional information regarding potential for process wastewater generation or spill/slug potential. x Collaborate with the Building department and ensure the building permit and corresponding certificate of occupancy require a sign-off from the Pretreatment program for new IUs or any existing IUs with tenant finishes. x These procedures, once established, need to be included in the Industrial Waste Survey SOP. 3 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 2. 40 C.F.R. 403.8(f)(2)(i-iii) of the Pretreatment Regulations states, The POTW shall develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program. At a minimum, these procedures shall enable the POTW to: x "Identify and locate all possible Industrial Users which might be subject to the POTW Pretreatment Program. Any compilation, index or inventory of Industrial Users made under this paragraph shall be made available to the Regional Administrator or Director upon request." This requires a POTW to develop and maintain an inventory of IUs in the service area. x "Identify the character and volume of pollutants contributed to the POTW by the Industrial Users Pretreatment Requirements identified under paragraph (f)(2)(i) of this 40 C.F.R. 403.8(f)(2)(i-iii) section. This information shall be made Corrective Action Item available to the Regional Administrator or Director upon request." This requires a POTW Provide adequate characterization on S&S to characterize the IUs in the inventory of the Precision Machining and provide notification service area. of applicable Pretreatment Standards, as required in 40 C.F.R. 403.8(f)(2)(i-iii). The x "Notify Industrial Users identified under inspection report and determination if paragraph (f)(2)(i) of this section, of applicable Pretreatment Standards are applicable needs to Pretreatment Standards and any applicable be provided as a follow up to this audit report. requirements under sections 204(b) and 405 of the Act and subtitles C and D of the Resource Conservation and Recovery Act. Within 30 days of approval pursuant to 40 C.F.R. 403.8(f)(6), of a list of significant industrial users, notify each significant industrial user of its status as such and of all requirements applicable to it as a result of such status." These procedures must include the notification of IUs of applicable Pretreatment Standards and other applicable requirements. Prior to the Pretreatment audit, the EPA conducted a google search for IUs in BSB's service area and S&S Precision Machining located on 14 W. Platinum St. was not listed on BSB's IU inventory: Section 8.0 - Control Mechanism (Permit) Evaluation and Permit Specific Issues 3. The EPA evaluated BSB's permit template to ensure Pretreatment Requirements BSB is incorporating the required permit conditions 4 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 found in 40 C.F.R. 403.8(f)(1)(iii)(B)(1-6) of the Pretreatment required Regulations and Section 13.04.683 of BSB's municipal ordinance. Based on the EPA's evaluation, the SIU permit template complies with the permit conditions found in the Pretreatment Regulations and incorporated in BSB's municipal ordinance, with the following exceptions: x Submission of all monitoring data provisions found in Part III.B.4 of the permit template does not specifically state that monitoring conducted at the appropriate sampling location and using appropriate sampling and analytical procedures found in 40 C.F.R.136 are required to be reported. This section is not equivalent with the Federal Pretreatment Regulations and needs to be modified to comply with the additional monitoring provisions required by 40 C.F.R 403.12(g)(6). x The discharge of hazardous waste notification in Part V.C of the permit template does not fully address the notification requirements found in 40 C.F.R 403.12(p). BSB needs to fully incorporate the discharge of hazardous waste notification requirements or include a regulatory citation to the requirements. x The following notifications required in 40 C.F.R 403.12 are not incorporated as notification requirements in the permit template. The permit template needs to be updated to include the following notification requirements: o Notice of Potential Problems, including slug dischargers to be reported immediately - 40 C.F.R 403.12 (f). o Upset Provisions -40 C.F.R 403.16. o Bypass and notifications - 40 C.F.R 403.17. x Part III.A.2 of the permit template states "Where Public Works collects and analyzes a sample of the effluent from the Permittee's discharge at Outfall # 01 for the parameters specified above, the Permittee may use these results as one of its monitoring events, excluding TTO certification and any other non-effluent reporting requirements. Where Public Works does not 40 C.F.R. 403.8(f)(1)(iii)(B)(1-6) 40 C.F.R 403.12 40 C.F.R. 403.8(f)(2)(v) Corrective Action Item Update the permit template to comply with the required permit conditions found in 40 C.F.R. 403.8(f)(1)(iii)(B)(1-6) of the Pretreatment required Regulations and Section 13.04.683 of BSB's municipal ordinance. In addition, the SIU's self-monitoring and BSB's control authority monitoring need to remain independent and the SIU shall not count BSB sampling as a replacement for selfmonitoring requirements. Recommended Action Item Ensure the permit template allows for determination of most stringent permit limits in the situation where the Categorical Pretreatment Standards are expressed in concentration (mg/L). 5 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 perform monitoring, it is the responsibility of the Permittee to perform all required sampling, analysis, and reporting to demonstrate compliance with Pretreatment Standards and requirements." 40 C.F.R. 403.8(f)(2)(v) require a POTW to "Randomly sample and analyze the effluent from Industrial Users and conduct surveillance activities in order to identify, independent of information supplied by Industrial Users, occasional and continuing noncompliance with Pretreatment Standards 4. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(ii) require BSB to "Identify the character and volume of pollutants contributed to the POTW." The SIU inspection reports include minimal Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(ii) descriptions of the facility's unit operations. Facility Corrective Action Item inspection reports need to include more detail regarding the SIU's chemical storage/ handling/transfer, process/unit operations, wastestream generation from these unit operations, wastestream management or wastewater treatment, sampling procedures to provide a current characterization, including an evaluation of slug Provide more detail in the SIU inspection reports to capture current conditions at the SIU, as discussed in the detail provided for each SIU to identify the character and volume of contributed pollutants. Recommended Action Item discharge potential and process or treatment plant x The EPA recommends BSB evaluate its changes. This information is important to capture current IU inspection form to determine if current conditions and determine if control such as an SIU permit or BMPs are necessary or if it is an adequate tool used to adequately characterize IUs in its service area. EPA modifications to existing control mechanism or control plans such as slug discharge control plans or Region 8's facility inspection form is attached to the audit report. spill plans are necessary. x BSB takes digital photos during SIU As a result of reviewing the SIU inspection reports, inspections but should provide a the EPA provided compliance assistance and connection to the photos and inspection training on conducting facility inspections and information by labeling these pictures and generating inspections reports that gather providing a narrative description of the information to capture current conditions at the photos or refer to these photo labels in the facility that may impact categorical determinations, narrative description within the inspection permit conditions, or control documents such as the report. slug discharge control plan. 5. The Pretreatment Regulations require in 40 C.F.R. 403.8(f)(2)(iii) that a POTW shall notify Industrial Pretreatment Requirements Users of applicable Pretreatment Standards. Based 40 C.F.R. 403.8(f)(2)(iii) on the EPA's review of the Pretreatment records, it does not appear that BSB is providing the SIU a follow-up letter after the inspection or a copy of the inspection report to notify the IU of their status under Corrective Action Item Provide follow-up after an inspection to notify the SIU or IU of applicable Pretreatment 6 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 the Pretreatment program. Standards. 6. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(vii) require BSB to "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices." BSB sampled Headframe Spirits on 12/12/22 and the data showed violations of the established permit limits for Cu and pH. The sampling event resulted in the following violations: Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(vii) Corrective Action Item x pH data = 3.09, pH permit limit = greater than Provide an enforcement response for the 5.5, 12/12/22 pH and Cu permit violations, in x Cu data = 0.0772 lbs/day, Cu permit limit = accordance with BSB's ERP. 0.025 lbs/day. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. 7. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(vii) require BSB to "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices." Headframe Spirits submitted its 4Q-2022 compliance report on 02/01/23, past the due date of 01/31/23. In addition, the compliance report resulted in the following violations: x 12/28/22 - Cu = 0.085 lbs/day, permit limit = 0.025 lbs/day, x 46 daily pH violations for the reporting period. Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(vii) Corrective Action Item Provide an enforcement response for the 12/28/22 Cu permit violation and the total daily pH violations for the reporting period, in accordance with BSB's ERP. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. 8. The Pretreatment Regulations at 40 C.F.R. Pretreatment Requirements instances of noncompliance with Pretreatment 403.8(f)(2)(vii) require BSB to "Investigate 40 C.F.R. 403.8(f)(2)(vii) Standards and Requirements, as indicated in the Corrective Action Item reports and notices." Provide an enforcement response for the Although BSB did not provide an enforcement 02/15/23 Cu permit violation, in accordance 7 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 response to the 12/28/22 Cu violation, Headframe Spirits resampled for Cu on 02/15/23 and this sampling event resulted in Cu = 0.052 lbs/day, a violation of the Cu permit limit of 0.025 lbs/day. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for this permit violation. with BSB's ERP. 9. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(vii) require BSB to "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices." The 1Q-2023 compliance report submitted by Headframe Spirits resulted in the following violations: Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(vii) x 03/13/23 - Cu = 0.048 lbs/day and 0.082 Corrective Action Item lbs/day for an average of 0.074 lbs/day, permit Provide an enforcement response for the limit = 0.025 lbs/day, 03/13/23 Cu permit violation and the total x 63 daily pH violations for the reporting daily pH violations for the reporting period, in period. accordance with BSB's ERP. x BSB determined Headframe Spirits to be in SNC for the 1Q-2023 for a compliance schedule report past 45 days late and for a BMR report past 45 days late. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. BSB needs to ensure it public notices Headframe Spirits for being in SNC for the 1st quarter of 2023. 10. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(vii) require BSB to "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices." The 2Q-2023 compliance report submitted by Headframe Spirits resulted in the following violations: x 05/08/23 - Cu = 0.146 lbs/day, permit limit = 0.025 lbs/day, x 61 daily pH violations for the reporting period. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(vii) Corrective Action Item Provide an enforcement response for the 05/08/23 Cu permit violation and the total daily pH violations for the reporting period, in accordance with BSB's ERP. 8 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 provided an enforcement response for these permit violations. 11. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(ii) require BSB to "Identify the character and volume of pollutants contributed to the POTW." In addition, the Pretreatment Regulations at 40 C.F.R. 403.8(f)(1)(iv)(B) require the submission of all notices and self-monitoring reports from Industrial Users as are necessary to assess and assure compliance by Industrial Users with Pretreatment Standards and Requirements. The EPA conducted a facility inspection of Headframe Spirits on August 15, 2023, and has the following observations: x The permit compliance schedule amended by BSB on 04/25/2023 requires Headframe Spirits to install a flowmeter on effluent immediately prior to discharge into BSB collection system by July 15, 2023. Based on the EPA's facility inspection on 08/15/23, Headframe Spirits has failed to meet this compliance schedule. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for the violation of the compliance schedule milestone in the permit. x In addition, the amended compliance schedule requires Headframe Spirits to implement pH adjustment prior to discharging to the BSB collection system, pH must be above 5.0 standard units by August 25, 2023. Based on the EPA's review of the Pretreatment records and Headframe Spirits non-compliance pH history, this is a significant concern. Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(ii) 40 C.F.R. 403.8(f)(1)(iv)(B) Corrective Action Item Provide an enforcement response for the failure to meet the July 15, 2023 compliance schedule milestone, in accordance with BSB's ERP. Recommended Action Item The EPA is concerned with Headframe Spirit's significant non-compliance pH history. As a result, the EPA recommends BSB closely monitor Headframe Spirits compliance with pH limits. 12. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(vii) require BSB to "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices." The 1Q-2023 compliance report submitted by Montana Craft Malt resulted in a permit violation for the Cu permit limit on 02/22/23. Cu data = 0.046 lbs/day, permit limit = 0.025 lbs/day. The SIU notified BSB within 24 hours of becoming aware of Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(vii) Corrective Action Item Provide an enforcement response for the 02/22/23 Cu permit violation and the total daily pH violations for the reporting period, in accordance with BSB's ERP. 9 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 the violation but there is no documentation that BSB provided an enforcement action for the 02/22/23 violation, 13. The Pretreatment Regulations at 40 C.F.R. 403.12(g)(3) require, "The reports ...must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period." In addition, Part I of the Montana Craft Malt permit establishes outfall 01 as the representative monitoring point. Outfall 01 is defined as a porthole immediately downstream of the waste tank and capable of conducting flow-proportional sampling. The EPA conducted a facility inspection of Montana Craft Malt on August 15, 2023, and has the following observations: BSB is conducting its Control Authority monitoring by taking aliquots from the steeping tanks, instead of monitoring point outfall 01. Sampling at the steeping tanks is not representative of the production day's discharge and does not comply with the monitoring location and flow-proportional sampling techniques established by the permit. Pretreatment Requirements 40 C.F.R. 403.12(g)(3) Montana Craft Malt Permit, Part I Corrective Action Item Conduct representative flow-proportional sampling at the permitted monitoring point using an automated sampler. 14. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(v) requires BSB to inspect its SIUs at least once per year. Based on the EPA's review of the Pretreatment records, it does not appear that BSB inspected Ergon Asphalt in 2022. This is a failure to implement the Pretreatment program. Pretreatment Requirements 40 C.F.R. 403.8(f)(2)(v) Corrective Action Item Ensure Ergon Asphalt is inspected at least once per year. Section 10.0 - Control Authority Compliance Monitoring 15. As required in 40 C.F.R. 403.8(f)(2), the POTW shall "develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program." The development and implementation of a sampling plan or procedures ensures the POTW is appropriately and consistently performing sampling or monitoring events, as well as providing enforceable data that is representative of the discharge conditions at the facility. The sampling plan should include the following: x purpose and objective of the sampling program, Pretreatment Requirements 40 C.F.R. 403.8(f)(2) 40 C.F.R. 403.8(f)(2)(vii) Corrective Action Item Update the annual sampling plans to establish sampling techniques/procedures, equipment, and an identification of the sampling location to ensure consistent sampling that is representative for the production day. 10 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x specific sampling protocols at each facility sampling location to ensure representative sampling, and x appropriate QA/QC procedures to ensure legally defensible data. BSB has developed annual sampling plans for the SIUs in the service area. These sampling plans provide a description of the sampling procedures and the samples taken during the sampling event. However, the Headframe Spirits annual sampling plan establishes control authority monitoring at the steeping tanks using grab sampling techniques. This sampling procedure does not comply with the monitoring location and flow-proportional sampling techniques established in the permit. In addition, the sampling plan needs to incorporate QA/QC samples such as equipment blanks, trip blanks, sample duplicates, matrix spikes, control standards to ensure the sampling and analytical techniques are in control and in compliance with 40 C.F.R. 136. 16. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(1)(v) require the POTW to have the legal authority to "Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by Industrial Users, compliance or noncompliance with applicable Pretreatment Standards and requirements." Further, 40 C.F.R. 403.8(f)(2)(v) requires a POTW to "Randomly sample and analyze the effluent from Industrial Users and conduct surveillance activities in order to identify, independent of information supplied by Industrial Users, occasional and continuing noncompliance with Pretreatment Standards. Inspect and sample the effluent from each Significant Industrial User at least once a year." The standard to which POTWs are held for purposes of evidence collection during a Control Authority monitoring event is outlined in 40 C.F.R. 403.8(f)(2)(vii): "Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence which is admissible in enforcement proceedings or judicial actions." Pretreatment Requirements 40 C.F.R. 403.8(f)(1)(v) 40 C.F.R. 403.8(f)(2)(v) 40 C.F.R. 403.8(f)(2)(vii) 40 C.F.R. 403.12(g)(3) Corrective Action Item Acquire automatic samplers that have the capability to conduct flow-proportional sampling. Purchasing automatic samplers would make efficient use of BSB's time and resources, however, if BSB cannot purchase automatic samplers with flow-proportional sampling capability, then BSB must sample the SIUs using manual flow-proportional techniques over the production day. In addition, a POTW is required to ensure the Control Authority monitoring events are based on representative conditions at the monitoring point, to ensure that these sampling events are legally defensible and of the same quality as required for self-monitoring events. 40 C.F.R. 403.12(g)(3) of 11 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 the Pretreatment Regulations require, "The reports ...must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period." BSB samples the permitted SIUs at least once per year. However, based on the EPA's field observations during the facility inspections at Montana Craft Malt and Headframe Spirits, it appears that BSB does not have automatic samplers to conduct flow-proportional sampling at these SIUs. Section 11.0 - Enforcement 17. BSB submitted its ERP to the EPA for review, prior to the audit. Based on the EPA's review, the ERP needs to be updated to meet the requirements established in the Pretreatment regulations at 40 C.F.R. 403.8(f)(5)(i-iv) and incorporated in Chapter 13.04 of BSB's municipal ordinance. The ERP also needs to be updated to include escalating enforcement actions based on the severity/magnitude of the violation and/or the pattern of violations: Describe how the POTW will investigate instances of noncompliance. x Provide a summary of the methods BSB utilizes to investigate IU noncompliance: o Permitting o Self-monitoring notification o Compliance evaluation and SNC procedures Enforcement Response Guide: The following anticipated types of violations are either absent or need to be modified: x Failure to notify (24-hour, slug/potential problems, changed discharges, hazardous waste, upset, bypass) x Recordkeeping x Sector Control Programs x Trucked and Hauled Waste The following enforcement remedies for SNC criteria listed in BSB's municipal ordinance at 13.04.273(1-8) need to be established in the ERP: Pretreatment Requirements 40 C.F.R. 403.8(f)(5)(i-iv) Butte-Silver Bow Municipal Ordinance, Chapter 13.04 Corrective Action Item Modify the enforcement response plan to be in compliance with 40 C.F.R. 403.8(f)(5)(i-iv) of the Pretreatment Regulations and with BSB's municipal ordinance. 12 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) that the POTW determines has caused Interference or Pass Through (including endangering the health of POTW personnel or the general public) (SNC Criteria # C) x Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority (SNC Criteria # D) x Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance (SNC Criteria # E) 13 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Table of Contents 1.0 Introduction............................................................................................................ 17 2.0 Publicly Owned Treatment Works (POTW) Information ..................................... 18 2.1 NPDES Permit.................................................................................................... 19 3.0 Resources ............................................................................................................... 22 3.1 Resources Regulatory Background .................................................................... 22 3.2 Evaluation of BSB's Resources and Funding .................................................... 22 3.3 Examples of Available Pretreatment Training/Resources ................................. 23 4.0 Municipal Ordinance and Intergovernmental Agreements.................................... 23 4.1 Legal Authority Background.............................................................................. 23 4.2 Butte-Silver Bow Municipal Ordinance............................................................. 25 4.3 Inter-Jurisdictional or Governmental Agreements (IGA) .................................. 25 4.3.1 IGA Regulatory Background ...................................................................... 25 4.3.2 Evaluation of BSB's IGAs with Outside Contributing Jurisdictions.......... 26 5.0 Local Limits ........................................................................................................... 26 5.1 Local Limits Regulatory Background ................................................................ 26 5.2 Local Limits Requirements Established in BSB's NPDES Permits .................. 28 5.3 The EPA Evaluation of BSB's Local Limits ..................................................... 28 5.3.1 Technically-based Local Limits.................................................................. 28 5.3.2 Dilution Prohibition .................................................................................... 29 5.4 Local Limits Technical Evaluation-Regulatory Background............................. 29 5.5 Technical Evaluation of BSB's Local Limits .................................................... 30 5.6 Permit or Site-Specific Limits............................................................................ 31 6.0 Pretreatment Operating Procedures ....................................................................... 31 6.1 Regulatory Background...................................................................................... 31 6.2 Standard Operating Procedures (SOPs) ............................................................. 32 6.3 Templates ........................................................................................................... 33 6.4 Records and Data Management.......................................................................... 33 6.4.1 Regulatory Background .............................................................................. 33 6.4.2 Recordkeeping and Data Management ....................................................... 34 6.5 Receipt of Discharge Monitoring Reports and Notifications............................. 34 14 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 6.6 Management of Confidential Records................................................................ 34 7.0 Industrial User Inventory and Characterization..................................................... 35 7.1 Regulatory Background...................................................................................... 35 7.2 Industrial User Identification and Characterization Procedure .......................... 36 7.3 Industrial User Database of BSB's Service Area............................................... 36 8.0 Control Mechanism (Permit) Evaluation and Permit Specific Issues.................... 37 8.1 Regulatory Background...................................................................................... 37 8.2 The EPA's Evaluation of BSB's Permitting Legal Authority............................ 40 8.3 Permit Template Overview ................................................................................ 40 8.4 Specific Permit Record Findings ....................................................................... 41 8.4.1 Permit records Overview ............................................................................ 41 8.4.2 Headframe Spirits ....................................................................................... 42 8.4.3 Montana Craft Malt..................................................................................... 44 9.0 Significant Industrial User Facility Inspections..................................................... 45 9.1 Regulatory Background...................................................................................... 45 9.2 Right of Entry..................................................................................................... 46 9.3 Facility Inspection Records - Background ........................................................ 46 9.4 Evaluation of BSB's Inspection Reports/Records ............................................. 48 9.5 Notification of Applicable Pretreatment Standards ........................................... 48 9.6 Facility Inspections ............................................................................................ 48 10.0 Control Authority Compliance Monitoring ........................................................... 48 10.1 Regulatory Background...................................................................................... 48 10.2 Sampling Plan and Protocols.............................................................................. 49 10.2.1 Site-Specific Sampling Protocols ............................................................... 49 10.2.2 Quality Assurance/Quality Control (QA/QC) ............................................ 50 10.3 The EPA Evaluation of BSB's Control Authority Monitoring .......................... 50 10.3.1 SOPs............................................................................................................ 50 10.3.2 BSB's Control Authority Monitoring ......................................................... 51 11.0 Enforcement........................................................................................................... 51 11.1 Regulatory Background...................................................................................... 51 11.2 Enforcement Legal Authority............................................................................. 52 15 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 11.3 Enforcement Response Plan............................................................................... 52 11.4 Compliance Evaluation ...................................................................................... 53 11.5 SNC Calculations and Public Participation........................................................ 53 12.0 Trucked and Hauled Waste.................................................................................... 53 12.1 Regulatory Background...................................................................................... 53 12.2 Legal Authority .................................................................................................. 54 12.3 Trucked and Hauled Waste Disposal Location and Control Mechanisms......... 55 13.0 Best Management Practices - Sector Control Programs ....................................... 59 13.1 Regulatory Background...................................................................................... 59 13.2 Authority in Municipal Ordinance and FOG Policy .......................................... 60 13.3 Dental Amalgam BMP Sector Control Program................................................ 60 14.0 PFAS Roadmap and Implementation .................................................................... 60 14.1 2021 EPA PFAS Strategic Roadmap ................................................................. 61 14.1.1 Office of Water ........................................................................................... 62 14.2 Impact of the NPDES Initiatives on BSB's Pretreatment Program ................... 67 Figures Figure 1 -City and County of Butte-Silver Bow Service Area ........................................ 20 Figure 2 - Butte-Silver Bow POTW Site Diagram .......................................................... 21 Figure 3 - Butte-Silver Bow Septage Receiving Station.................................................. 56 Figure 4 - Butte-Silver Bow Septage Receiving Station-Access Panel ........................... 57 Figure 5 - Butte-Silver Bow Septage Receiving SCADA................................................ 58 Figure 6 - Butte-Silver Bow Port-a-Potty Receiving Station........................................... 59 Tables Table 1 -Butte-Silver Bow Local Limits.......................................................................... 28 16 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 1.0 Introduction The U.S. Environmental Protection Agency, Region 8 (EPA) conducted an audit of the Pretreatment program, administered by the City and County of Butte-Silver Bow, MT (BSB) from August 14, 2023 through August 16, 2023. The Pretreatment audit started on August 14, 2023 at 8:00 a.m. with an opening interview. The closing conference was held on August 16, 2023 at 8:00 a.m. during which the EPA presented the preliminary observations, conclusions, and findings from the audit. Participants in the audit included: City and County of Butte-Silver Bow, MT Eric Gonder Bill Andrene John Osterman Mark Neary Christina Eggensperger Josh Vincent Pretreatment Coordinator WWTP Superintendent WWTP Chief Operator Public Works Director (opening and closing conference) WET Consultant WET Consultant (opening and closing conference) EPA Al Garcia Region 8 Pretreatment Coordinator The primary purpose of the EPA audit was to evaluate the Pretreatment program administered and implemented by BSB. In addition, the audit served as a forum for the EPA and BSB to discuss issues related to the implementation of the Pretreatment program, including PFAS requirements in BSB's NPDES permit and for the EPA to provide outreach and training to BSB, such as IU (industrial user) inspection training. The EPA Pretreatment audit consisted of an evaluation of the following: x BSB's legal authority codified in its municipal ordinance; Title 13-Public Utilities Chapter 13.04-Wastewater Treatment System. x Development and implementation of BSB's local limits. x BSB's resources to implement the Pretreatment program in its service area. x Implementation policies and templates developed by BSB. x Review and evaluation of the Pretreatment programmatic activities and records maintained for the permitted Significant Industrial Users (SIUs). x Site inspection of selected SIUs and IUs in the service area to ensure the Pretreatment records reflect current conditions. x Discussion of the Pretreatment Regulations and implementation. The following sections of the report highlight the findings, corrective actions, and recommended actions of the audit. The action items to correct program deficiencies and meet regulatory requirements are identified in the Pretreatment Audit Summary Table, beginning on page 2 of this report. Specific actions to clarify and strengthen program 17 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 implementation are provided as recommendations within the body of the audit report. 2.0 Publicly Owned Treatment Works (POTW) Information BSB owns and operates a Publicly Owned Treatment Works (POTW) located at 800 Centennial Ave, Butte, MT 59701. The POTW serves the boundary of the City and County of Butte-Silver Bow. The Rocker Water and Sanitation District, an outside contributing jurisdiction, dissolved on April 26, 2022 and is now incorporated into the City and County of Butte-Silver Bow. The service area for the POTW is shown in Figure 1, a POTW process diagram is shown in Figure 2. Note: A Google Earth view of BSB's POTW was not generated because the current view is out of date and does not include the recent POTW construction updates. A site visit of the POTW was performed during the audit to develop an overview of BSB's wastewater treatment plant operation and processes. The information regarding the ButteSilver Bow POTW and tour was provided by Mr. Bill Andrene, POTW Superintendent and John Osterman, POTW Chief Operator. The POTW receives wastewater from the service area through gravity fed collection lines and seven lift stations: x Centennial x Montana Tech x Rocker x Tiffid x County Shop x Boulevard x Hanging S The wastewater from the service area comes into headworks via four main lines. The wastewater influent enters a 3/8-inch automatic and continuously raked barscreen. The rags and inorganic solids removed from the barscreen are compacted, washed and bagged to send to the landfill. The wastewater then enters a pista-grit hydraulic vortex grit chamber to remove grit and sand from the wastewater. The grit is compacted, washed and collected in the barscreen solids bags for landfilling. The wastewater from the headworks enters a splitter box and an equalization basin. The wastewater is then pumped to the 2-millimeter rotary fine screens. The solids and residue removed from the fine screens are washed, compacted and collected in the POTW domestic trash collection bins. The effluent from the fine screens enters a splitter box and is distributed to the four bioreactor trains (Note: the POTW is currently running three trains). The bioreactor trains have a detention time of approximately 12 hours and each train includes anoxic/aerobic/swing/anaerobic zones in series. Mixed liquor is returned from the anaerobic zone back to the anoxic zone in each train. The effluent from the bioreactors is sent to a box feeding the four membrane bioreactors. Each membrane reactor includes nine cassettes and a total of 48 modules. (Note: the POTW is currently running seven of the nine cassettes.) The membrane bioreactors use a diffused blower to introduce air to prevent fouling of the membranes. The solids removed from the 18 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 membrane bioreactors are returned as returned activated sludge (RAS) to the aerobic zone of the bioreactor trains at a flow rate of 5Q of the INF flow and the rest is sent as waste activated sludge (WAS) to the scum pit and to the digesters. The wastewater effluent from the membrane bioreactors sent to the UV building for disinfection and a small portion of the POTW effluent is reused as plant water or discharged through an open channel and pipe to Outfall 001 to Silver Bow Creek. Solids-- The sludge from the WAS scum pits is pumped to the two aerobic solids sludge storage basins organized in series as a primary and secondary. The aerobically digested sludge is dewatered in a belt filter press and trucked to Western Reclamation for composting and use as top cover of the landfill. The solids retention time in the aerobic solids basins is approximately 20-21 days, according to Mr. Andrene. 2.1 NPDES Permit BSB's NPDES permit #WY-0021920, issued by the Montana Department of Environmental Quality (MTDEQ), contains provisions for an EPA-approved Pretreatment program in Part I.E. The permit was issued on April 1, 2012, expired on March 31, 2017 and is currently administratively extended. 19 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Figure 1 -City and County of Butte-Silver Bow Service Area 20 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Figure 2 - Butte-Silver Bow POTW Site Diagram 21 City of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 3.0 Resources 3.1 Resources Regulatory Background The Pretreatment Regulations found in 40 C.F.R. 403.8(f)(1-6) include POTW Pretreatment requirements and procedures to implement an approved Pretreatment program. These requirements and procedures include the legal authority and the implementation procedures of the Pretreatment program (permitting, inspections, sampling, industrial waste survey, receipt of IU reporting and notification, record-keeping, slug discharge control, data evaluation and enforcement for non-compliance). In addition, the Pretreatment Regulations found in 40 C.F.R. 403.8(f)(3) state that the POTW shall have sufficient resources and qualified personnel to carry out the authorities and implementation procedures of the Pretreatment program. A Pretreatment program, in compliance with the criteria listed in the Pretreatment Regulations, requires adequate and qualified staffing to implement the Pretreatment program in its service area. The resources required for each implementation activity depend largely on the size of the service area, number of IUs/SIUs/sector control programs, and Pretreatment program policies. A compliant program also requires a consistent funding mechanism to ensure the program is adequately funded and equipped to fully implement the program. 3.2 Evaluation of BSB's Resources and Funding According to the FY22 Pretreatment annual report, BSB's resource commitment to the Pretreatment program is 1.0 FTE. However, based on information gathered during the audit, it appears that BSB commits 1.45 FTE. The Pretreatment Coordinator as a 1.0 FTE implements all programmatic activities such as the industrial user inventory/characterization, permitting or BMP sector control, field activities such as inspections/sampling, compliance evaluation and enforcement. In addition, BSB contracts with WET consulting to help implement these Pretreatment programmatic activities. The Chief Operator of the POTW and operations staff currently perform sampling of the SIUs and IUs in the service area. The Pretreatment Coordinator is also supported by the POTW Superintendent and by the County Attorney for legal and enforcement support. The Pretreatment Coordinator collaborates with internal City departments such as Collections, Utilities and Building. The Pretreatment Coordinator reports to the POTW Superintendent and the Public Works Director. The Public Works Director reports to the CEO of the City and County of Butte-Silver Bow, who reports with the City Council. BSB reported in the FY22 Annual Report that its Pretreatment program is budgeted $40,674 but it appears to be $129,756. The budget is a line item within the wastewater treatment plant budget. The wastewater treatment plant budget is funded by BSB's Enterprise Fund, generated from residential and non-residential users in the service area. BSB appears to be equipped to implement the field activities of the Pretreatment program and has a dedicated vehicle, sampling equipment, confined space entry equipment, and personal protective equipment, with the exception of automatic samplers that have the capability of conducting flow-proportional sampling. 22 City of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Based on EPA's review of the BSB's implementation of its Pretreatment program, it appears that the BSB's current resources and budget are adequate to implement all programmatic activities of the Pretreatment program, in compliance with 40 C.F.R. 403.8(f)(3), with the exception of automatic sampling equipment. BSB requires flowproportional and time-proportional sampling of SIUs in its service area but is not equipped to take representative samples for discharges throughout the production day at Montana Craft Malt and Headframe Spirits. As discussed in Section 10.0 of this audit report, BSB is required to either provide sampling personnel and resources to gather manual aliquots and measure for flow-proportional and time-proportional sampling over the SIU's production day or purchase automatic samplers capable of gathering representative samples. 3.3 Examples of Available Pretreatment Training/Resources It appears that BSB's consulting contract wth WET is beneficial to BSB's implementation of its Pretreatment program, however, the EPA recommends BSB ensure its Pretreatment Coordinator continues to acquire training and implementation experience. This is not a comprehensive list of all Pretreatment related training/resources available. BSB is encouraged to seek out training and resources that will support its Pretreatment program implementation. EPA is also available to BSB for Pretreatment training opportunities. The Region 8 Pretreatment workshop provides training sessions directly related to Pretreatment implementation, updates to upcoming regulations and policies, and networking opportunities. The EPA provides "Pretreatment 101" webinar training designed to provide consistent national training to local and state Pretreatment programs. The webinar series is located at https://www.epa.gov/npdes/national-pretreatmentprogram-training-and-webinars. Archived presentations may be downloaded, and a schedule of future training opportunities is located at the website. An additional resource available is the Pretreatment Coordinators Group discussion forum, found at the following website: https://groups.io/g/Pretreatment/topics 4.0 Municipal Ordinance and Intergovernmental Agreements 4.1 Legal Authority Background 40 C.F.R. 403.8(f)(1) of the Pretreatment Regulations states: "The POTW shall operate pursuant to legal authority enforceable in Federal, State, or local courts, which authorizes or enables the POTW to apply and to enforce the requirements of sections 307 (b) and (c), and 402(b)(8) of the Clean Water Act (Act) and any regulations implementing those sections. Such authority may be contained in a statute, ordinance, or series of contracts or joint powers agreements which the POTW is authorized to enact, enter into or implement, and which are authorized by State law. At a minimum, this legal authority shall enable the POTW to: 23 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 i. Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by Industrial Users where such contributions do not meet applicable Pretreatment Standards and Requirements or where such contributions would cause the POTW to violate its NPDES permit; ii. Require compliance with applicable Pretreatment Standards and Requirements by Industrial Users; iii. Control through Permit, order, or similar means, the contribution to the POTW by each Industrial User to ensure compliance with applicable Pretreatment Standards and Requirements. In the case of Industrial Users identified as significant under 403.3(v), this control shall be achieved through individual permits or equivalent individual control mechanisms issued to each such User... iv. Require (A) the development of a compliance schedule by each Industrial User for the installation of technology required to meet applicable Pretreatment Standards and Requirements and (B) the submission of all notices and self-monitoring reports from Industrial Users as are necessary to assess and assure compliance by Industrial Users with Pretreatment Standards and Requirements, including but not limited to the reports required in 403.12. v. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by Industrial Users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by Industrial Users. Representatives of the POTW shall be authorized to enter any premises of any Industrial User in which a Discharge source or treatment system is located or in which records are required to be kept under 403.12(o) to assure compliance with Pretreatment Standards. Such authority shall be at least as extensive as the authority provided under section 308 of the Act; vi. (A) Obtain remedies for noncompliance by any Industrial User with any Pretreatment Standard and Requirement. All POTW's shall be able to seek injunctive relief for noncompliance by Industrial Users with Pretreatment Standards and Requirements. All POTWs shall also have authority to seek or assess civil or criminal penalties in at least the amount of $1,000 a day for each violation by Industrial Users of Pretreatment Standards and Requirements. (B) Pretreatment requirements which will be enforced through the remedies set forth in paragraph (f)(1)(vi)(A) of this section, will include but not be limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the POTW; any requirements set forth in control mechanisms issued by the POTW; or any reporting requirements imposed by the POTW or these regulations in this part. The POTW shall have authority and procedures (after informal notice to the discharger) immediately and effectively to halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW shall also have authority and procedures (which shall include notice to the affected industrial users and an opportunity to respond) to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment, or which threatens to interfere with the operation of the POTW. The Approval Authority shall have authority to seek judicial relief and may also use 24 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 administrative penalty authority when the POTW has sought a monetary penalty which the Approval Authority believes to be insufficient. vii. Comply with the confidentiality requirements set forth in 403.14." The provisions in 40 C.F.R. 403.8(f)(1)(i-vii) do not provide local Pretreatment programs with legal authority, but they do establish the minimum requirements for the local municipality to implement the Pretreatment program. A POTW's legal authority is derived from State law. Therefore, State law must confer the minimum legal authority required by the Pretreatment Regulations on a POTW. To apply the regulatory authority provided by State law, it is necessary for the POTW to establish local regulations to legally implement and enforce pretreatment requirements. A POTW's legal authority is typically established in a sewer use ordinance as part of the municipality's code, or in the case of a sanitation district, its Rules and Regulations. The EPA's 2007 Model Pretreatment Ordinance provides a template for POTWs that are required to develop pretreatment programs and can be found at the following website: https://www3.epa.gov/npdes/pubs/pretreatment_model_suo.pdf 4.2 Butte-Silver Bow Municipal Ordinance EPA approved BSB's Pretreatment program on April 4, 1986. According to records maintained by EPA, BSB submitted updates to its legal authority or municipal ordinance on January 20, 2016 and submitted updates to the ordinance, FOG and Trucked/Hauled Waste policies on December 7, 2022. The EPA public noticed these updates on January 3, 2023 and approved on February 7, 2023. The Pretreatment Regulations and associated FOG and Trucked/Hauled Waste Policies established by BSB in Title 13-Public Utilities, Chapter 13.04-Wastewater Treatment, Article VIII-Pretreatment of the municipal ordinance provide BSB the framework to implement the Pretreatment Regulations in the POTW's service area. 4.3 Inter-Jurisdictional or Governmental Agreements (IGA) 4.3.1 IGA Regulatory Background A POTW's authority to implement and enforce its approved Pretreatment program is directly related to its regulatory jurisdiction. The POTW's authority is established in ordinance or Rules and Regulations, which are in effect for its service area. Local entities with connectors, or outside jurisdictions to the service area that contribute wastewater, must establish legally binding mechanisms to ensure that all IUs in these outside contributing jurisdictions are subject to enforceable Pretreatment standards and requirements, as required in 403.8(f)(1). 40 C.F.R. 403.8(f)(1)(i) states, "The POTW shall operate pursuant to legal authority enforceable in Federal, State or local courts, which authorizes or enables the POTW to apply and to enforce the requirements of sections 307 (b) and (c), and 402(b)(8) of the Act 25 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 and any regulations implementing those sections. Such authority may be contained in a statute, ordinance, or series of contracts or joint powers agreements which the POTW is authorized to enact, enter into or implement, and which are authorized by State law." [Emphasis added] The local entity that implements the Pretreatment program must either obtain this authority for itself through an IGA or ensure that the outside contributing jurisdiction has both the authority and the obligation to implement and enforce the Pretreatment Standards and Requirements against every IU that discharges to the POTW. 4.3.2 Evaluation of BSB's IGAs with Outside Contributing Jurisdictions According to information gathered during the audit, there are no current outside contributing jurisdictions that contribute non-domestic wastewater to the BSB's POTW. The Rocker Water and Sanitation District dissolved on April 26, 2023 and will begin discharging to the BSB POTW. The Pretreatment Coordinator has been proactive in discussing the Pretreatment Regulations and requirements to the IUs in the Rocker service area. 5.0 Local Limits 5.1 Local Limits Regulatory Background 40 C.F.R. 403.8(f)(4) of the Pretreatment Regulations require POTWs that are developing pretreatment programs to develop and enforce specific limits on prohibited discharges or demonstrate that the limits are not necessary. 40 C.F.R. 403.5(c)(1) states, "Each POTW developing a POTW Pretreatment Program pursuant to 403.8 shall develop and enforce specific limits to implement the prohibitions listed in paragraphs (a)(1) and (b) of this section [general and specific prohibitions]. Each POTW with an approved pretreatment program shall continue to develop these limits as necessary and effectively enforce such limits." [Clarification and emphasis added]. The National Pretreatment Program consists of three types of national pretreatment standards established by regulation that apply to industrial users. These include prohibited discharge standards, categorical standards, and local limits. Prohibited discharge and categorical standards are developed by the EPA to establish nationwide Pretreatment Standards. Prohibited discharge standards, comprised of general and specific prohibitions found in 40 C.F.R. 403.5(a) and (b) of the Pretreatment Regulations, apply to all IUs regardless of the size or type of operation. Categorical standards are uniform, technologybased standards that apply to specific process wastewater discharges from industrial categories. These categorical standards are found at 40 C.F.R. Parts 405 through 471. The EPA's promulgation of categorical standards does not relieve a POTW from its obligation to evaluate the need for and to develop local limits to meet the general and specific prohibitions in the Pretreatment Regulations. Because specific prohibitions and categorical standards provide only general protection against pass through and interference, local limits based on POTW-specific conditions may be necessary. Local limits are developed by POTWs to enforce the specific and general prohibitions, as well as any state 26 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 and local regulations. An EPA-approved Pretreatment program is required to develop local limits that are protective of the POTW, the collection system, and the POTW's site-specific standards. These site-specific standards may be NPDES permit effluent limits, biosolids limits, environmental criterion, worker health and safety standards or other local standards. The EPA recommends that POTWs establish their local limits based on the maximum allowable headworks loading (MAHL) calculated for each pollutant of concern. The MAHL approach enables the POTW to calculate local limits considering the portion of the MAHL that is controllable (non-domestic discharges from IUs) from the uncontrollable portion (domestic sources, background concentrations, etc.). A pollutant's MAHL is determined by first calculating its Allowable Headworks Loading (AHL) for each POTW's site-specific standard or environmental criterion. Local limit development uses a massbalance approach to determine the AHLs for a POTW based on the environmental and treatment plant criteria. An AHL is the estimated maximum loading of a pollutant that can be received at a POTW's headworks, that should not cause a POTW to violate a treatment plant limit or environmental criterion. An AHL is developed to prevent interference or pass through. An AHL is calculated for each applicable POTW site-specific standard: pass through, sludge contamination, air quality standards, and the various forms of interference (i.e. biological treatment inhibition, sludge digestion inhibition). The AHLs for each pollutant of concern (POC) are calculated based on the various suitable environmental criteria, plant flow rates, and plant removal efficiency. After calculating a series of AHLs for each POC, the lowest AHL is chosen as the MAHL. MAHLs estimate the maximum combined loadings that can be received at the POTW's headworks from all sources. Maximum allowable industrial loadings (MAIL), developed by the POTW, represent the amount of pollutant loadings the POTW can receive from controlled sources (i.e., industrial users, some commercial sources, and some hauled waste) that the POTW chooses to control through local limits. Local limits can take many forms based on how MAILs are allocated by the POTW. The designation and implementation of these MAILs, including the allocation of loadings to SIUs, are left to each POTW. The POTW should provide a reasonable method of allocating the MAIL to the SIUs while ensuring the implementation procedures do not exceed the calculated MAHL. Typically, the POTWs allocate the MAIL as a uniform concentration-based or a mass limit to each SIU. The local limits should be based on the following: x Sampling of the service area to develop a representative data set collected for local limits (e.g., influent, effluent, biosolids, commercial, residential, industrial, trucked/hauled waste), x Evaluation of the current POTW standards/criteria (including, but not limited to: NPDES permit limits/conditions, water quality standards, biosolids standards), x Identification of the POTW removal efficiency and pollutant partitioning, 27 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x Evaluation of data to ensure it is current and representative of current conditions, x Identification of pollutants of concern, x Calculations of loadings and determination of MAHL, x Development of local limits and allocation methods. 5.2 Local Limits Requirements Established in BSB's NPDES Permits BSB's NPDES permit issued by the MTDEQ on April 14, 2012 include local limit requirements in Part I.E.3. 5.3 The EPA Evaluation of BSB's Local Limits 5.3.1 Technically based Local Limits BSB's local limits were initially established when the Pretreatment Program was approved in 1986 and were updated in 2002 and 2016. BSB's current local limits were public noticed on December 12, 2015 for a 30-day public comment period and approved by the EPA on January 20, 2016. BSB's local limits are incorporated in 13.04.689(B) of the municipal ordinance. The 2016 local limits were developed using SIU regulated flows located at the permitted monitoring points. As a result, the local limits are applicable to SIUs. The local limits are allocated as a mass-based maximum allowable industrial loading (MAIL) and the applicability language in 13.04.689(B) is as follows: "Mass Based Local Limits. The following discharge limitations are established to protect sludge quality and prevent pass through and interference with the proper operation of the POTW. These limits are shown in pounds per day. The control authority may limit the discharge of pollutants from commercial dischargers as necessary to meet the allowable loadings below. MAILs shall be allocated through industrial user permits and the total loading to all permitted industrial users plus the loading from domestic and all commercial users shall not exceed the limits shown. Maximum industrial loadings shall be allocated through industrial user permits and the total loading to all permitted industrial users shall not exceed the limits shown." Table 1 -Butte-Silver Bow Local Limits Pollutant Symbol MAIL (lbs/day) Arsenic, Total Cadmium, Total Chromium, Total Copper, Total As 0.478 Cd 0.008 Cr 13.0 Cu 0.210 28 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Pollutant Lead, Total Mercury, Total Molybdenum, Total Nickel, Total Selenium, Total Silver, Total Zinc, Total Symbol Pb Hg Mo Ni Se Ag Zn MAIL (lbs/day) 0.651 0.022 66.7 7.02 0.310 0.221 3.504 5.3.2 Dilution Prohibition BSB has incorporated a prohibition on dilution in 13.04.650 of the municipal ordinance to ensure the IUs are appropriately managing their regulated wastestreams to meet compliance with an applicable Pretreatment Standard or Requirement: "Dilution prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The control authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate." The dilution prohibition language in 13.04.650 meets the requirement in 40 C.F.R. Part 403.6(d) of the Pretreatment Regulations. 5.4 Local Limits Technical Evaluation-Regulatory Background 40 C.F.R. 122.44(j)(2)(ii) of the NPDES regulations require POTWs to provide a written technical evaluation of the need to revise local limits following permit issuance or reissuance. The technical evaluation is a detailed re-evaluation of data, criteria, conditions, and assumptions on which local limits are based to determine whether any significant changes affecting the local limits have occurred. Chapter 7 of the Local Limits Development Guidance Manual, EPA-833-R-04-002A, July 2004 provides guidance on completing the technical evaluation of local limits. The Annual Pretreatment Reports submitted to the EPA provide the POTW with an opportunity to perform reviews for exceedances of the established MAHL for the POCs, 29 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 on an annual basis. The POTW compares both the maximum and average influent data for the reporting year against the MAHL to determine if there were any exceedances. In addition, the POTW is required to report biosolids data to determine if there were any changes or concerns with the biosolids loadings. An exceedance of the established MAHL may be indicative of a change in the service area, changes to the POTW operations or changes to domestic or non-domestic loadings and may indicate a need to recalculate the local limits. However, the annual review may not have addressed conditions that can change over time, such as operating conditions, environmental criteria/standards, data, or assumptions that may make local limits no longer appropriate, protective or legally defensible. As a follow-up to MAHL exceedances listed on the annual report and as required during a permit reissuance, a POTW should compare its current conditions and requirements with those that existed when the local limits were developed. The EPA recommends that POTWs determine if re-calculating existing local limits, or developing MAHLs for new pollutants of concern, is necessary in response to the following criteria: 1. Removal Efficiencies a. Modification to the POTW or new POTW brought online. b. Changes in POTW processes or operations that have affected the POTW removal efficiencies. 2. Total POTW or IU Loading a. Significant changes to flow or loadings to the POTW, due to significant residential or domestic growth. b. Significant changes to loadings to the POTW due to new IUs, changes in loadings at existing IUs or significant growth in the service area. c. Significant changes in loadings from SIUs in the service area. 3. Limiting Criteria a. New or revised NPDES permit limits. b. New or revised biosolids standards. c. Changes in EPA or State Criteria (acute and chronic water quality standards for the receiving waters, reuse water quality criteria) at the time of local limit development to existing criteria. 4. Sludge Characteristics or Method of Disposal a. Changes in loadings to biosolids. b. Changes in biosolids disposal methods. 5. Background Concentrations of Pollutants in Receiving Water 5.5 Technical Evaluation of BSB's Local Limits The NPDES permit issued by the MTDEQ expired on March 31, 2017 and is currently administratively extended. Based on conversations with the MTDEQ, BSB's permit is on hold pending the resolution of the narrative nutrient standards. The reissued permit will require a technical evaluation of BSB's 2016 local limits to incorporate current data, current standards, current POTW removal efficiencies due to construction or rehab updates, growth in the service area and changes in SIU flow. BSB will be required to submit the 30 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 technical evaluation to the EPA, as a condition of the reissued NPDES permit and as required by 40 C.F.R. 122.44(j)(2)(ii). 5.6 Permit or Site-Specific Limits Local municipalities implementing the Pretreatment program should have the ability to establish site or permit-specific limits as deemed necessary to be protective of the POTW. This is a beneficial authority because situations or projects may occur in the service area that the municipality may want to provide control to protect the POTW. However, the current limits in the ordinance may not address the pollutant of concern. The EPA considers the development of any local limit, whether codified in the municipal ordinance/rules and regulations or developed on a site-specific situation (i.e., permitsspecific limit) to be a program modification under 40 C.F.R 403.18 (53 FR 40579, Final Rule, General Pretreatment Regulations for Existing and New Sources, October 17, 1988). The development of any local limit is required to follow the approval and public notice provisions, both at the local level and by submitting to the EPA. 40 C.F.R 403.5(c)(3) of the Pretreatment Regulations states, "Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond." The EPA recommends that POTWs conduct public participation in the local limits process (whether codified in the municipal ordinances/rules and regulations or new limits developed in a permit) as openly as possible. This may involve notifying the SIUs/IUs and other affected parties of the proposed limits or announcing a 30-day public comment period. This would allow sufficient time for the public to participate, which is a fundamental goal of the Clean Water Act in Section 101(e). BSB has established the ability to develop site or permit-specific limits in 13.04.689(E) of its municipal ordinance: "The director reserves the right to establish, by ordinance or in individual wastewater discharge permits or in general permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter." Based on the EPA's review of the Pretreatment records, BSB has not established sitespecific limits in the SIU permits. 6.0 Pretreatment Operating Procedures 6.1 Regulatory Background 40 C.F.R. 403.8(f)(2) of the Pretreatment Regulations states, "The POTW shall develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program." [emphasis added] The Pretreatment Regulations identify these minimum procedures in 40 C.F.R. 403.8(f)(2)(i-viii) to include the following implementation activities, summarized below: x Identify and locate all possible IUs that might be subject to the Pretreatment program, 31 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x Obtain information describing the character and volume of wastes discharged by IUs, x Notify IUs of all applicable Pretreatment standards and other applicable State or Federal standards or requirements, x Review self-monitoring reports and other notices submitted by IUs, x Randomly sample and analyze effluents from IUs, x Evaluate whether each SIU needs a slug discharge control plan, x Investigate instances of noncompliance with Pretreatment standards and requirements, x Comply with public participation requirements. The requirements listed in 40 C.F.R. 403.8(f)(2) include the development of procedures. Adequate and updated standard operating procedures (SOPs) provide the following benefits to a Pretreatment program: x Develop the baseline knowledge of the Pretreatment Regulations and establish the framework for program implementation, x Adequately implement the authorities established in the municipal ordinance and ensure consistency in program implementation, x Retain institutional and historical knowledge developed within the POTW's program, and x Provide a valuable training resource for new or inexperienced staff members. Ultimately, the benefits of valid SOPs to the Pretreatment program are increased efficiency, along with improved data comparability, credibility, and legal defensibility. In addition, the development of written SOPs and templates allow the EPA to determine if the procedures adequately implement the legal authority developed in the municipal ordinance/rules and regulations as required in 40 C.F.R. 403.8(f): "A POTW Pretreatment program must be based on the following legal authority and include the following procedures. These authorities and procedures shall at all times be fully and effectively exercised and implemented." 6.2 Standard Operating Procedures (SOPs) EPA evaluated BSB's procedures and templates during the audit to ensure these meet the requirements listed in 40 C.F.R. 403.8(f)(2). As previously discussed, developing SOPs are beneficial for BSB's Pretreatment program but most importantly, to ensure adequate implementation of the authorities established in the municipal ordinance and ensure consistency in program implementation. EPA considers the Industrial User Inventory and Characterization, Sampling Plan/QA-QC, and the Enforcement Response Plan to be priority and required SOPs to ensure consistent implementation of BSB's legal authority. EPA evaluated these priority SOPs and provided comments in the following sections within this audit report: x Industrial User Inventory and Characterization Procedures (discussed in 7.0), 32 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x Sampling Plan, Site-Specific Sampling Protocol, Quality Assurance and Quality Control (discussed in 10.0), and x Enforcement Response Plan and Data Compliance Evaluation (discussed in 11.0). EPA recommends BSB evaluate the need to develop Pretreatment procedures, as necessary. 6.3 Templates Templates and checklists are also critical to a Pretreatment program to ensure consistent and appropriate implementation of the Pretreatment regulations. BSB has developed a permit application for discharging facilities and an SIU permit template. The permit application appears to provide adequate information and data for BSB to develop an appropriate control mechanism. The evaluation of the permit template is included in 8.4 of this audit report. 6.4 Records and Data Management 6.4.1 Regulatory Background The recordkeeping requirements of the Pretreatment program are established in 40 C.F.R. 403.12(o)(1-3): "(1) Any Industrial User and POTW subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section, including documentation associated with Best Management Practices. Such records shall include for all samples: (i) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples. (ii) The dates analyses were performed. (iii) Who performed the analyses. (iv) The analytical techniques/methods use; and (v) The results of such analyses. (2) Any Industrial User or POTW subject to the reporting requirements established in this section (including documentation associated with Best Management Practices) shall be required to retain for a minimum of 3 years, any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Director and the Regional Administrator (and POTW in the case of an Industrial User). This period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or POTW or when requested by the Director or the Regional Administrator. (3) Any POTW to which reports are submitted by an Industrial User pursuant to paragraphs (b), [baseline monitoring reports] (d), [90-day compliance reports] (e), [categorical industrial user monitoring reports] and (h) [significant industrial user monitoring reports] 33 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 of this section shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the Director and the Regional Administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Industrial User or the operation of the POTW Pretreatment Program or when requested by the Director or the Regional Administrator." 6.4.2 Recordkeeping and Data Management Based on information gathered during the audit, the SIU and IU Pretreatment records are located in the Pretreatment Coordinator's office and are maintained for at least three years. The SIUs are chronologically organized and the IUs on the industrial user inventory may include records such as building permit, survey, inspection reports, hazardous waste notifications, slug plans, as necessary. Based on the EPA's review of the Pretreatment records, the Pretreatment Coordinator ensures these records are well organized, complete and current. 6.5 Receipt of Discharge Monitoring Reports and Notifications The Pretreatment regulations in 40 C.F.R. 403.8(f)(2)(vii) require a POTW to "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices required under 403.12 [IU compliance reports], or indicated by analysis, inspection, and surveillance activities [control authority monitoring]." This requires the POTW to ensure adequate receipt and tracking of self-monitoring reports and notifications, have procedures to evaluate the data and information contained within these reports and notices, and determine compliance with the Pretreatment standards (e.g., permit limits and conditions). The SIU self-monitoring reports, notifications or other required reports are either handdelivered or sent certified mail by the SIUs. BSB receives and date stamps the date of receipt for these reports and notifications. BSB evaluates compliance using manual evaluation and a wastewater calculation spreadsheet for converting concentrations and flows into mass loadings from compliance purposes. 6.6 Management of Confidential Records 40 C.F.R. 403.14 of the Pretreatment Regulations establishes the public availability of the Pretreatment records and the provisions to establish confidential business information (CBI). BSB has incorporated the public availability and confidentiality requirements in 13.04.380(D) of the municipal ordinance: "Confidentiality of Information. The director is authorized to obtain information from the owner which would provide a direct indication of the kind and source of wastewater discharge to the district's wastewater facilities. Any requested information other than effluent data which is claimed to be confidential by the owner shall be so honored by the director and district representative." According to information gathered during the audit, BSB has not received confidential 34 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 business information. 7.0 Industrial User Inventory and Characterization 7.1 Regulatory Background The Pretreatment Regulations state in 40 C.F.R. 403.8(f)(2)(i-iii) that a POTW shall develop and implement procedures to ensure compliance with requirements of a Pretreatment Program. [These requirements are summarized after the regulation language in bold and italics font]. i. "Identify and locate all possible Industrial Users which might be subject to the POTW Pretreatment Program. Any compilation, index or inventory of Industrial Users made under this paragraph shall be made available to the Regional Administrator or Director upon request." This requires a POTW to develop and maintain an inventory of IUs in the service area. ii. "Identify the character and volume of pollutants contributed to the POTW by the Industrial Users identified under paragraph (f)(2)(i) of this section. This information shall be made available to the Regional Administrator or Director upon request." This requires a POTW to characterize the IUs in the inventory of the service area. iii. "Notify Industrial Users identified under paragraph (f)(2)(i) of this section, of applicable Pretreatment Standards and any applicable requirements under sections 204(b) and 405 of the Act and subtitles C and D of the Resource Conservation and Recovery Act. Within 30 days of approval pursuant to 40 C.F.R. 403.8(f)(6), of a list of significant industrial users, notify each significant industrial user of its status as such and of all requirements applicable to it as a result of such status." These procedures must include the notification of IUs of applicable Pretreatment Standards and other applicable requirements. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(6) state, "The POTW shall prepare and maintain a list of its non-domestic or Industrial Users meeting the criteria in 403.3(v)(1). The list shall identify the criteria in 403.3(v)(1) applicable to each Industrial User and, where applicable, shall also indicate whether the POTW has made a determination pursuant to 403.3(v)(2) that such Industrial User should not be considered a Significant Industrial User. The initial list shall be submitted to the Approval Authority pursuant to 403.9 or as a non-substantial modification pursuant to 403.18(d)." Approved Pretreatment programs are required by the Pretreatment Regulations to understand their service area and outside contributing jurisdictions, by developing and maintaining an inventory of IUs. In addition, the Pretreatment Regulations require a Pretreatment program to characterize the IUs listed on the inventory and notify the IU of their status under the Pretreatment program. For example, the following characterizations may apply to an IU, based on information received from questionnaires, drive-by or facility inspections: x The IU is not characterized as significant, based on volume and characteristic of the discharged wastewater. 35 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x The IU is characterized as significant and issued a permit. x The IU is not characterized as significant, but loadings need to be controlled using BMPs in a source control program. x The IU is generating wastewaters that are significant but is characterized as a zero- discharging facility. The Industrial Waste Inventory and Characterization or industrial waste survey (IWS)/ IU inventory procedures are an important component to an effective Pretreatment program because this is a POTW's first exposure to the IUs, allows the POTW to determine if an IU is significant, notify the IU of its status under the Pretreatment regulations, and determine the appropriate type of control mechanisms for these facilities to protect the POTW and collection system. 7.2 Industrial User Identification and Characterization Procedure 40 C.F.R. 403.8(f)(2) of the Pretreatment Regulations require BSB to "develop and implement procedures" that "enable the POTW" to comply with these Pretreatment Program requirements. BSB has developed an Industrial Waste Survey standard operating procedure (SOP) that describes the development and maintenance of the industrial waste inventory including the classification of the IUs and the collaborative relationships BSB has developed with its internal city departments to gather information on new IUs or tenant finishes at existing IUs. The Industrial Waste Survey SOP needs to be updated to include notification to these IUs of applicable Pretreatment Standards, as required in 40 C.F.R. 403.8(f)(2)(iii). As discussed in the audit, the EPA has the following recommendations to ensure BSB is meeting the requirements in 40 C.F.R. 403.8(f)(2)(i-iii) to identify/locate, characterize wastestreams and notify IUs of applicable Pretreatment Standards and Requirements: x Participate in the Community Development Process within BSB to ensure it is aware of new IUs planning to conduct business in the POTW's service area. x Collaborate with the Fire Department because they are in the facilities in the service area and may provide additional information regarding potential for significant process/wastewater generation or spill/slug potential in the service area. x Collaborate with the Building department and ensure the building permit and corresponding certificate of occupancy require a sign-off from the Pretreatment program for new IUs or an existing IUs with tenant finishes. x These procedures, once established, need to be included in the Industrial Waste Survey SOP. 7.3 Industrial User Database of BSB's Service Area 40 C.F.R. 403.8(f)(2)(i-iii) of the Pretreatment regulations require BSB to identify and locate all IUs in its service area, identify the character and volume of pollutants contributed by these IUs based on current information, and notify these IUs of applicable Pretreatment Standards and Requirements. 36 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 BSB provided its current IU inventory of the IUs in its service area for EPA to review. According to information gathered during the audit, BSB developed and maintains its current inventory of IUs in its service area by using tools and methods such as surveys, drive-bys, google/yellow pages searches and collaboration with internal City departments to identify new IUs in its service area or tenant finishes at existing IUs. Based on EPA's review, BSB's IU inventory consists of approximately 2,000 IUs. BSB's IU inventory includes contact information, IU type/sector and provides additional information on which IUs are subject to the Dental Amalgam Rule, Fats, Oils and Grease (FOG) Policy, SIU permits or those IUs which BSB needs further information. Maintaining BSB's IU inventory involves resources to identify/locate IUs, characterize their process wastewater and notify these IUs of applicable Pretreatment Standards. The EPA recommends BSB identify IUs or sectors of IUs that have the potential to impact the POTW and update their information more frequently. Priority IUs or IU sectors should include machine shops or metal working IUs because these IUs may change their process to include unit operations subject to the Metal Finishing Categorical Pretreatment Standards found in 40 CFR 433. In addition, the EPA conducted a google search for IUs in BSB's service area and this IU was not listed on BSB's IU inventory: x S&S Precision Machining - 14 W. Platinum St. BSB is required to characterize wastestreams from S&S Precision Machining and provide notification of applicable Pretreatment Standards, as required in 40 C.F.R. 403.8(f)(2)(iiii). BSB is required to provide the inspection report and determination of applicable Pretreatment Standards as a follow up to this audit report. The EPA currently provides "Pretreatment 101" webinar training, and a training for "Industrial User Inventory and Characterization Procedures," provided in September 2010, is archived at the following website: https://www.epa.gov/npdes/national-pretreatment-program-events-training-andpublications#pretreat101 8.0 Control Mechanism (Permit) Evaluation and Permit Specific Issues 8.1 Regulatory Background POTWs are required to issue control mechanisms to IUs identified through IU Inventory and Characterization procedures as SIUs. Individual permits or general control mechanisms authorize the discharge of wastewater to a POTW upon condition that the discharger complies with the permit limitations and conditions. An SIU permit is effective for only a limited period and should be revocable by the issuing authority at any time for just cause. In addition, the POTW's legal authority will typically include a provision that forbids the discharge of industrial wastewater from a SIU without a current permit. The Pretreatment Regulations establish the required permit conditions in 40 C.F.R. 37 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 403.8(f)(1)(iii)(B)(1-6) that include the following minimum elements: 1. Statement of duration (in no case more than five years); 2. Statement of non-transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator; 3. Effluent limits, including Best Management Practices, based on applicable general Pretreatment Standards, categorical Pretreatment Standards, local limits, and State and local law; 4. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general Pretreatment Standards, categorical Pretreatment Standards, local limits, and State and local law; 5. Statement of applicable civil and criminal penalties for violation of Pretreatment Standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines; 6. Requirements to control Slug Discharges, if determined by the POTW to be necessary. The reporting and notification requirements in permit condition #4 above are found in 40 C.F.R. 403.12 of the Pretreatment Regulations and include the following: x Baseline Monitoring Reports - 403.12(b) x Compliance Schedule Progress Reports - 403.12(c) x 90-Day Compliance Reports - 403.12(d) x CIU Periodic Compliance Reports - 403.12(e) x Notice of Potential Problems, including Slug Loading - 403.12(f) x Notification of Changes Affecting Slug Discharge Potential - 403.8(f)(2)(vi) x 24-Hour Non-Compliance Notification - 403.12(g) x SIU Periodic Compliance Reports - 403.12(h) x Notification of Changed Discharge - 403.12(j) x Notification of Hazardous Waste Discharge - 403.12(p) x Notification of Bypass - 403.17 Under general principles of administrative law, permit applicants and other interested parties may challenge the POTW's permit decisions, including the permit limitations and conditions and the POTW's authority to issue the permit. The POTW must ensure that it has the requisite legal authority to impose Pretreatment Standards and Requirements in SIU permits and that it exercises its authority in a consistent and non-arbitrary manner. The local ordinance must clearly provide the POTW with the following authorities to support the permit requirements found in 40 C.F.R. 403.8(f)(1)(iii): x Authority to regulate all Industrial Users contributing wastewater to the POTW. x Authority to require and issue permits, orders, or other control mechanisms, including: 38 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 o Authority to require Industrial Users to submit all data that the POTW deems relevant to permit decisions and provisions for public access to data. o Authority to enter, inspect, and sample to verify information supplied by the Industrial User as well as to assess the Industrial User's compliance status. o Authority to incorporate local limits, including BMPs (if applicable). o Authority to incorporate federal and state Pretreatment Standards and Requirements. o Authority to require self-monitoring, record keeping, reporting, and notifications by the permittee. o Authority to develop other appropriate permit conditions. x Authority to enforce sewer use ordinance and discharge permit violations. x Authority to require the development of a slug discharge control plan. The POTW is required to establish the legal authority to require an IU to complete and file a permit application, with current information, to receive an initial or reissued permit. A permit application enables the POTW to obtain the information necessary to characterize the facility, to evaluate the quality and quantity of wastewater discharged, or projected to be discharged for a new facility, and to determine the applicable Pretreatment Standards and controls. The permit application serves as the formal request from the IU to discharge to the POTW and is required to be signed by a responsible corporate officer of the IU, as defined in 40 C.F.R. 403.12(l) of the Pretreatment Regulations. In addition to the permit application, the POTW should evaluate, if available, historic IU effluent data, compliance reports, previous inspection reports, Safety Data Sheets, etc. Throughout the permit drafting process, the POTW should carefully and thoroughly document each step in a permit rationale or statement of basis. A statement of basis is a document that provides a justification of the permit conditions and limits based on a characterization of the IU, its wastewater discharge, and the applicable Pretreatment Standards and Requirements. The statement of basis should include a description of the facility's production, process(es), wastewater generation/management, and discharge locations to adequately characterize the facility. The statement of basis should also identify the appropriate Federal, State, and Local Pretreatment Standards, based on the IU's characterization; and should provide justification for permit conditions and requirements, such as pollutants of concern, monitoring/reporting frequencies, representative sampling types, notification requirements, slug discharge control, operation and maintenance requirements, etc. The statement of basis facilitates defending any challenges that the permit terms and conditions were developed arbitrarily or capriciously and provides the required documentation in the permit record of any relief from otherwise applicable requirements (i.e., pollutants not expected to be present, equivalent limits, decisions on general control mechanisms, decisions on Non-Significant Categorical Industrial User (NSCIU) classification, and decisions on reduced monitoring requirements). In addition, the statement of basis can serve as a resident document to preserve institutional knowledge and continuity for new or different staff members. 39 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 The EPA developed an IU Permitting Guidance Manual, 833-R-12-0001A in September 2012. This guidance manual supports the implementation of the permit conditions found in 40 C.F. R. 403.8(f)(1)(iii)(B)(1-6) of the Pretreatment Regulations. The guidance manual is intended to provide both new and experienced permit writers with conceptual support and specific examples to strengthen their permit development expertise. The guidance manual references technical guidance developed by the EPA regarding local limits, enforcing Pretreatment Standards and Requirements, controlling hauled waste, information regarding compliance inspections and sampling, and BMPs. The IU Permitting Guidance Manual can be found at the following website: https://www.epa.gov/sites/production/files/201510/documents/industrial_user_permitting_manual_full.pdf 8.2 The EPA's Evaluation of BSB's Permitting Legal Authority EPA evaluated BSB's municipal ordinance to ensure it provides an adequate framework to require permit coverage, to deny or condition non-domestic wastewater contributions and to establish adequate permit conditions. x Section 13.04.680(A)-establishes the requirement for SIUs to obtain a wastewater discharge permit. x Section 13.04.681(B) - contains the permit application contents. x Section 13.04.700 -- establishes the authority for BSB to deny or conditions wastewaters discharged to the public sewers. x Section 13.04.683 - establishes the permit conditions to prevent Passthrough or Interference and to protect the POTW, worker health and safety, biosolids and the receiving stream water quality. 8.3 Permit Template Overview BSB has developed a permit template to use when developing SIU permits in the service area. The EPA evaluated BSB's permit template to ensure BSB is incorporating the required permit conditions found in 40 C.F.R. 403.8(f)(1)(iii)(B)(1-6) of the Pretreatment required Regulations and Section 13.04.683 of BSB's municipal ordinance. Based on the EPA's evaluation, the SIU permit template complies with the permit conditions found in the Pretreatment Regulations and incorporated in BSB's municipal ordinance, with the following exceptions. (Note: The EPA's evaluation of BSB's permit template is included in the BSB Permit Template Review.docx and the resulting comments/edits are embedded in BSB's permit template in the BSB PERMIT TEMPLATE-EPA.docx; both included as enclosures to the audit report.) 1. Submission of all monitoring data provisions found in Part III.B.4 of the permit template does not specifically state that monitoring conducted at the appropriate sampling location and using appropriate sampling and analytical procedures found in 40 C.F.R.136 are required to be reported. This section is not equivalent with the Federal Pretreatment Regulations and needs to be modified to comply with the additional monitoring provisions required by 40 C.F.R 403.12(g)(6). 40 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 2. The discharge of hazardous waste notification in Part V.C of the permit template does not fully address the notification requirements found in 40 C.F.R 403.12(p). BSB needs to fully incorporate the discharge of hazardous waste notification requirements or include a regulatory citation to the requirements. 3. The following notifications required in 40 C.F.R 403.12 are not incorporated as notification requirements in the permit template. The permit template needs to be updated to include the following notification requirements: a. Notice of Potential Problems, including slug dischargers to be reported immediately - 40 C.F.R 403.12 (f). b. Upset Provisions -40 C.F.R 403.16. c. Bypass and notifications - 40 C.F.R 403.17. 4. Part III.A.2 of the permit template states "Where Public Works collects and analyzes a sample of the effluent from the Permittee's discharge at Outfall # 01 for the parameters specified above, the Permittee may use these results as one of its monitoring events, excluding TTO certification and any other non-effluent reporting requirements. Where Public Works does not perform monitoring, it is the responsibility of the Permittee to perform all required sampling, analysis, and reporting to demonstrate compliance with Pretreatment Standards and requirements." The SIU's self-monitoring and BSB's control authority monitoring need to remain independent and the SIU shall not count BSB sampling as a replacement for self-monitoring requirements. 5. The EPA recommends BSB ensure the permit template allows for determination of most stringent permit limits in the situation where the Categorical Pretreatment Standards are expressed in concentration (mg/L). 8.4 Specific Permit Record Findings BSB has identified four IUs in the service area that is determined to be significant industrial users (SIU) and that have been issued permits under the Pretreatment program. Findings from the EPA's review of the Pretreatment records, including the facility inspection report, statement of basis, permit, compliance evaluation, enforcement records and applicable correspondence are listed below: 8.4.1 Permit records Overview 1. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(ii) require BSB to "Identify the character and volume of pollutants contributed to the POTW." The SIU inspection reports are adequate but should more detail regarding the SIU's chemical storage/handling/transfer, process/unit operations, wastestream generation from these unit operations, wastestream management or wastewater treatment, sampling procedures to provide a current characterization, including an evaluation of slug discharge potential and process or treatment plant changes. This information is important to capture current conditions and determine if control such as an SIU permit or BMPs are necessary or if modifications to existing control mechanism or control plans such as slug discharge control plans or spill plans are 41 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 necessary. a. BSB takes digital photos during SIU inspections but should provide a connection to the photos and inspection information by labeling these pictures and providing a narrative description of the photos or referring to these photo labels in the narrative description within the inspection report. b. The EPA provided training to BSB for IU inspections and information gathering during the audit. As discussed during the training, BSB should evaluate its current IU inspection form to determine if it is an adequate tool to characterize IUs in its service area. The EPA is including the Region 8 facility inspection report form as an enclosure to this audit report for BSB to evaluate. 2. The Pretreatment Regulations require in 40 C.F.R. 403.8(f)(2)(iii) that a POTW shall notify Industrial Users of applicable Pretreatment Standards. Based on the EPA's review of the Pretreatment records, it does not appear that BSB is providing the SIU a follow-up letter after the inspection or a copy of the inspection report to notify the IU of their status under the Pretreatment program. BSB needs to provide follow-up after an inspection to provide notification to the SIU or IU of applicable Pretreatment Standards. 3. Fact Sheets/Permit Rationales: BSB should ensure its fact sheets adequately capture current conditions at the SIUs, identifies applicable Pretreatment Standards and justifies permit conditions, including the most stringent permit limits based on an evaluation of all Pretreatment Standards, representative monitoring type/frequencies based on the SIU's wastewater discharge and recent compliance history, slug discharge/spill potential, reporting frequency and reportable data, TOMP requirement, requirement for slug discharge control plan based on current conditions. 4. Based on the EPA's review of the Pretreatment records, the Pretreatment Coordinator ensures these records are well organized, complete and current. 8.4.2 Headframe Spirits 1. The facility inspection reports generated for Headframe Spirits need to include more detail, as described in 8.4.1(1) of this audit report. 2. BSB should ensure the Headframe Spirits fact sheet describes current conditions and adequately justifies permit conditions, as described in 8.4.1(3) of this audit report. 3. BSB sampled Headframe Spirits on 12/12/22 and the data showed violations of the established permit limits for Cu and pH, The sampling event resulted in the following violations: a. pH data = 3.09, pH permit limit = greater than 5.5, b. Cu data = 0.0772 lbs/day, Cu permit limit = 0.025 lbs/day. c. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. BSB needs to provide an enforcement response for these permit violations, in accordance with its ERP. 42 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 4. Headframe Spirits submitted its 4Q-2022 compliance report on 02/01/23, past the due date of 01/31/23. In addition, the compliance report resulted in the following violations: a. 12/28/22 - Cu = 0.085 lbs/day, permit limit = 0.025 lbs/day, b. 46 daily pH violations for the reporting period. c. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. BSB needs to provide an enforcement response for these permit violations, in accordance with its ERP. 5. Although BSB did not provide an enforcement response to the 12/29/22 Cu violation, Headframe Spirits resampled for Cu on 02/15/23 and this sampling event resulted in Cu = 0.052 lbs/day, a violation of the Cu permit limit of 0.025 lbs/day. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for this permit violation. BSB needs to provide an enforcement response for the Cu permit violations on 02/15/23, in accordance with its ERP. 6. The 1Q-2023 compliance report submitted by Headframe Spirits resulted in the following violations: a. 03/13/23 - Cu = 0.048 lbs/day and 0.082 lbs/day for an average of 0.074 lbs/day, permit limit = 0.025 lbs/day, b. 63 daily pH violations for the reporting period. c. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. BSB needs to provide an enforcement response for these permit violations, in accordance with its ERP. 7. The 2Q-2023 compliance report submitted by Headframe Spirits resulted in the following violations: a. 05/08/23 - Cu = 0.146 lbs/day, permit limit = 0.025 lbs/day, b. 61 daily pH violations for the reporting period. c. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for these permit violations. BSB needs to provide an enforcement response for these permit violations, in accordance with its ERP. 8. BSB determined Headframe Spirits to be in SNC for the 1Q-2023 for a compliance schedule report past 45 days late and for a BMR report past 45 days late. BSB needs to ensure it public notices Headframe Spirits for being in SNC for the 1st quarter of 2023. 9. The EPA conducted a facility inspection of Headframe Spirits on August 15, 2023, and has the following observations: (Note: The Headframe Spirits inspection report was submitted to the facility on September 7, 2023 and is enclosed with this report.) a. The permit compliance schedule amended by BSB on 04/25/2023 requires Headframe Spirits to install a flowmeter on effluent immediately prior to discharge into BSB collection system by July 15, 2023. Based on the EPA's 43 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 facility inspection on 08/15/23, Headframe Spirits has failed to meet this compliance schedule milestone. Based on the EPA's review of the Pretreatment records, there is no documentation that BSB provided an enforcement response for the violation of the compliance schedule milestone in the permit. BSB needs to provide an enforcement response for this permit violation, in accordance with its ERP. b. In addition, the amended compliance schedule requires Headframe Spirits to implement pH adjustment prior to discharging to the BSB collection system, pH must be above 5.0 standard units by August 25, 2023. Based on the EPA's review of the Pretreatment records and Headframe Spirits noncompliance pH history since it began discharging, this is a significant concern. i. BSB is required to notify the EPA if this compliance schedule milestone has been met and provide an enforcement response for this permit violation, in accordance with its ERP. The EPA recommends BSB closely monitor Headframe Spirits compliance with pH limits. 8.4.3 Montana Craft Malt 1. The facility inspection reports generated for Montana Craft Malt need to include more detail, as described in 8.4.1(1) of this audit report. 2. BSB should ensure the Montana Craft Malt fact sheet describes current conditions and adequately justifies permit conditions, as described in 8.4.1(3) of this audit report. 3. The 1Q-2023 compliance report submitted by Montana Craft Malt resulted in a permit violation for the Cu permit limit on 02/22/23. Cu data = 0.046 lbs/day, permit limit = 0.025 lbs/day. The SIU notified BSB within 24 hours of becoming aware of the violation but there is no documentation that BSB provided an enforcement action for the 02/22/23 violation, BSB needs to provide an enforcement response for this permit violation, in accordance with its ERP. 4. The EPA conducted a facility inspection of Montana Craft Malt on August 15, 2023, and has the following observations: (Note: The Montana Craft Malt inspection report was submitted to the facility on September 7, 2023, and is enclosed with this report.) a. The Pretreatment Regulations at 40 C.F.R. 403.12(g)(3) require, "The reports ...must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period." In addition, Part I of the Montana Craft Malt permit establishes outfall 01 as the representative monitoring point. Outfall 01 is defined as a porthole immediately downstream of the waste tank and capable of conducting flowproportional sampling. b. BSB is conducting its Control Authority monitoring by taking aliquots from the steeping tanks, instead of monitoring point outfall 01. Sampling at the steeping tanks is not representative of the production day's discharge and does not comply with the monitoring location and flow-proportional 44 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 sampling techniques established by the permit. i. As established in the permit, BSB is required to conduct representative flow-proportional sampling at the permitted monitoring point using automated samplers. 8.4.4 Montana Precision Products 1. The facility inspection reports generated for Montana Precision Products need to include more detail, as described in 8.4.1(1) of this audit report. 2. BSB should ensure the Montana Precision Products fact sheet describes current conditions and adequately justifies permit conditions, as described in 8.4.1(3) of this audit report. 8.4.5 Ergon Asphalt 1. Based on the EPA's review of the Pretreatment records, it does not appear that BSB inspected Ergon Asphalt in 2022. The Pretreatment Regulations at 40 C.F.R. 403.8(f)(2)(v) requires BSB to inspect its SIUs at least once per year. This is a failure to implement the Pretreatment program. 9.0 Significant Industrial User Facility Inspections 9.1 Regulatory Background The General Pretreatment Regulations at 40 C.F.R. 403.8(f)(1)(v) states that the POTW shall have the legal authority to: "Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by Industrial Users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by Industrial Users. Representatives of the POTW shall be authorized to enter any premises of any Industrial User in which a Discharge source or treatment system is located or in which records are required to be kept under 403.12(o) to assure compliance with Pretreatment Standards. Such authority shall be at least as extensive as the authority provided under section 308 of the Act;" 40 C.F.R. 403.8(f)(2)(v) of the Pretreatment Regulations requires the POTW to inspect its SIUs at least once per year. 40 C.F.R. 403.8(f)(2)(ii) require BSB to "Identify the character and volume of pollutants contributed to the POTW." 40 C.F.R. 403.8(f)(2)(vii) establishes the standard of evidence collection during sampling or inspection activities: "Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices required under 403.12, or indicated by analysis, inspection, and surveillance activities described in paragraph (f)(2)(v) of this section. Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions." 45 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Typically, an inspector is the only representative from the POTW that regularly appears at the IU's facility and significantly represents the POTW's role as a responsible public agency, observing the actions and evaluating the performance of the regulated industry. 9.2 Right of Entry BSB has established the authority for right of entry in 13.04.380(A-C) of the municipal ordinance: "District employees bearing proper credentials and identification shall be permitted to enter properties of users served by district wastewater facilities at any reasonable time for the purposes of inspection, observation, measurement, and sampling of the wastewater discharge to ensure that the discharge of wastewaters to the district's wastewater facilities is in accordance with the provisions of this chapter. Such inspection, observation, measurement and sampling by employees of the district shall include the right of the district to copy those records of industrial users which are applicable to wastewater discharges into the district's sewer system, and to collect and use digital photographs. B. District employees bearing proper credentials and identification shall be permitted to enter all private property through which the district holds an easement for the purposes of inspection, observation, measurement, sampling, repair, and maintenance of any of the district's wastewater facilities lying within the easement. All entry and any subsequent work within easements, shall be done in full accordance with the terms of the easement pertaining to the private property involved. C. While performing the necessary work on private properties, the district employees shall observe all safety rules established by the owner or occupant of the property and applicable to the premises." The municipal ordinance adequately establishes the right of entry authority for BSB, as required in 40 C.F.R. 403.8(f)(1)(v) of the Pretreatment Regulations. 9.3 Facility Inspection Records - Background 40 C.F.R. 403.8(f)(2)(vii) of the Pretreatment Regulations requires the POTW to meet the criterion for evidence collection "with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions." This is performed during facility inspections by adequate documentation in the inspection report of the observations, surveillance, inspections, sampling performed, and analysis gathered during facility inspections. A complete and well-developed inspection report that provides a current characterization of the facility will benefit the POTW's Pretreatment program for programmatic decisions such as categorical determinations, slug discharge/spill potential, changes at the facility that may affect the current permit conditions, sampling frequencies, etc. As discussed in 2.11.2 of the Industrial User Inspection and Sampling Manual for POTWs, EPA-831B17001, January 2017, the inspection report generated from the facility inspections should accomplish the following three objectives: 1) organize and coordinate 46 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 all information in a comprehensive, usable manner for use by the POTW's compliance personnel; 2) identify areas that may require follow-up activity; and 3) provide significant background information on the facility that can be reviewed prior to conducting subsequent inspections at the facility. The quality of this documentation will, to a large degree, determine how effective these follow-up activities will be at the facility. The information in the inspection report must be presented in a clear, concise, and well-organized manner. The Industrial User Inspection and Sampling Manual for POTWs describes the information necessary to characterize a facility in 2.10.3 and 2.12. The manual also discusses the records to review at a facility to help determine the facility's compliance in 2.10.8. It is important for Pretreatment programs to capture the following information during facility inspections to characterize the facility, and document facility changes to ensure the SIU's permit addresses current conditions: x Chemical storage areas, including potential spill concerns during chemical receiving and transfer/handling. x Process tanks or processing areas - detailed descriptions of the process including tank contents, capacities. x Wastestream generation from the process areas and disposal/discharge practices - frequency of discharge rinse water tanks, whether spent chemical solutions tanks discharged to the POTW or hauled off site, proximity to floor/trench drains, slug discharge control and spill containment measures, etc. x Wastestream management (treatment, recycling, hauling off site, evaporation, etc.). x Waste treatment system. x Wastestream or hazardous waste storage areas, including potential spill concerns. x Discharge monitoring points. o Evaluation of the sampling/monitoring protocols to determine if these are appropriate to provide representative data of the wastewaters regulated by the permit. A facility inspection of a permitted SIU should include a review of relevant records used to support compliance with the permit conditions and that may not be reported in the selfmonitoring compliance reports such as pH and continuous flow monitoring records, tank change out logs, analytical reports, waste manifests, operation and maintenance logs, etc. A detailed facility inspection report with descriptions of tank contents, capacities, generated wastestreams, plumbing, and management of the wastestreams will benefit the POTW to establish the baseline for the year and to determine if any changes will impact the permit conditions/limits or associated documents such as the slug discharge control plan, spill plan, treatment system operation manual or sampling protocol. During the Pretreatment audit, the EPA discussed inspection procedures with BSB, including EPA's procedures. The EPA performs facility inspections by gathering verbal information in an opening conference, then performing a walkthrough to visually confirm the information gathered during the opening interview. The EPA structures its information gathering by following the raw materials/chemical supply through the unit operations and ultimately to the finished product or service. A closing conference is performed to gather follow-up information, review records, and to provide preliminary conclusions to the 47 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 facility. 9.4 Evaluation of BSB's Inspection Reports/Records The EPA evaluated the inspection reports and other records related to the facility inspection for the SIU annual facility inspection. As discussed in 8.4.1(1) of this audit report, the SIU inspection reports provide minimal characterization of the facility and needs to be improved to include information regarding the facility's chemical storage/handling, process, (sources, flow volume and types of discharges) wastewater generation, slug discharge potential, waste treatment methods, sampling procedures, and review of records in the annual inspection report. BSB takes digital photos to further support information gathered during the inspection, but these digital photos are not labeled and are difficult to correlate with the narrative information captured in the inspection report. As discussed in 8.4.1(1)(a) of this audit report, BSB should provide a connection to the photos and inspection information by labeling these pictures and providing a narrative description of the photos or referring to these photo labels in the narrative description within the inspection report. 9.5 Notification of Applicable Pretreatment Standards The Pretreatment Regulations require in 40 C.F.R. 403.8(f)(2)(iii) that a POTW shall notify Industrial Users of applicable Pretreatment Standards. As discussed in 8.4.1(2) of this audit report, it does not appear that BSB is providing the SIU a follow-up letter after the inspection or a copy of the inspection report to notify the IU of their status under the Pretreatment program. BSB needs to provide follow-up after an inspection to provide notification to the SIU or IU of applicable Pretreatment Standards. 9.6 Facility Inspections During the audit, EPA, BSB and WET Consulting inspected the Montana Craft Malt and Headframe Spirits on August 15, 2023. The inspection reports were submitted to the facilities on September 7, 2023, and are included in this audit report as an enclosure. Areas of concern during the facility inspection is provided in the facility inspection report. 10.0 Control Authority Compliance Monitoring 10.1 Regulatory Background 40 C.F.R. 403.8(f)(1)(v) of the Pretreatment Regulations requires the POTW to have the legal authority to "Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by Industrial Users, compliance or noncompliance with applicable Pretreatment Standards and requirements." Further, 40 C.F.R. 403.8(f)(2)(v) require a POTW to "Randomly sample and analyze the effluent from Industrial Users and conduct surveillance activities in order to identify, independent of information supplied by Industrial Users, occasional and continuing noncompliance with Pretreatment Standards. Inspect and sample the effluent from each Significant Industrial User at least once a year." 48 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 The standard to which POTWs are held for purposes of evidence collection during a Control Authority monitoring event is outlined in 40 C.F.R. 403.8(f)(2)(vii): "Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence which is admissible in enforcement proceedings or judicial actions." In addition, a POTW is required to ensure the Control Authority monitoring events are based on representative conditions at the monitoring point, to ensure that these sampling events are legally defensible and of the same quality as required for self-monitoring events. 40 C.F.R. 403.12(g)(3) of the Pretreatment Regulations require, "The reports ...must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period." An enforceable sample must be representative of the nature and character of the discharges during the reporting period and is required to be representative in composition to that in the larger volume of wastewater being discharged. A POTW is required to implement a Control Authority monitoring program that meets the compliance monitoring requirements of the Pretreatment Regulations, provides representative data for compliance determinations, and that would be legally defensible in court, if such an enforcement action is taken by the POTW. In addition, representative and legally defensible data helps the POTW support other program objectives such as local limits evaluation, and permit development or reissuance. 10.2 Sampling Plan and Protocols As required in 40 C.F.R. 403.8(f)(2), the POTW shall "develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program." The development and implementation of a sampling plan or procedures ensures the POTW is appropriately and consistently performing sampling or monitoring events, as well as providing enforceable data that is representative of the discharge conditions at the facility. The sampling plan should include the following: x purpose and objective of the sampling program, x specific sampling protocols at each facility sampling location to ensure representative sampling, and x appropriate QA/QC procedures to ensure legally defensible data. 10.2.1 Site-Specific Sampling Protocols The sampling protocols must include specific procedures used at each facility to ensure adequate and representative sampling protocols. The development of the sampling protocols will ensure the sampling events are performed in accordance with appropriate standards and procedures and produce quality data that is legally defensible. At a minimum, the specific sampling protocols at each sampling location should include the following: 49 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x Sampling locations - should include all monitoring points included in the SIU's permit, including the use of digital photos for each monitoring point. x Type of sample - the POTW is required to ensure the sampling event is representative of the SIU's discharge, as required by 40 C.F.R. 403.12(g)(3). The type of sample will be dependent on the parameter to be sampled and discharge characteristics. The type of sample could include specifications for use of automatic samplers (including programming to provide representative sampling) or manual sampling techniques. x Type of Flow Measurement - if applicable x Parameters for Analysis - based on the SIU's permit x Sample Volume x Type of Sample Containers x Sample Preservation Techniques x Sample Identification and Chain of Custody Procedures x QA/QC Procedures 10.2.2 Quality Assurance/Quality Control (QA/QC) QA and QC are tools which are necessary in a sampling program to maintain a level of quality, such as legally defensible data, in the measurement, documentation, and interpretation of sampling data. The QA/QC procedures are used to obtain data that are both precise (degree of closeness between two or more samples) and accurate (degree of closeness between the results obtained from the sample analysis and the true value that should have been obtained). Proper implementation of QA/QC procedures will result in an increase in the POTW's confidence in the validity of the reported analytical data. The QA/QC procedures used to ensure data collected is valid and legally defensible include, but are not limited to the following: x equipment maintenance/calibration, x proper sampling bottles, proper sampling techniques that are adequate and representative of the discharge from the facility, x field blanks, equipment blanks, method blanks, standards, blind duplicates, and x ensuring sampling personnel are adequately trained. 10.3 The EPA Evaluation of BSB's Control Authority Monitoring 10.3.1 SOPs BSB has developed annual sampling plans for the SIUs in the service area. These sampling plans provide a description of the sampling procedures and the samples taken during the sampling event. However, the Headframe Spirits annual sampling plan establishes control authority monitoring at the steeping tanks using grab sampling techniques. This sampling procedure does not comply with the monitoring location and flow-proportional sampling techniques established in the permit. The sampling plans needs to be updated to establish sampling techniques/procedures, equipment, and an identification of the sampling location to ensure consistent sampling 50 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 that is representative for the production day. In addition, the sampling plan needs to incorporate. QA/QC samples such as equipment blanks, trip blanks, sample duplicates, matrix spikes, control standards to ensure the sampling and analytical techniques are in control and in compliance with 40 C.F.R. 136. 10.3.2 BSB's Control Authority Monitoring BSB samples the permitted SIUs at least once per year. However, based on the EPA's field observations during the facility inspections at Montana Craft Malt and Headframe Spirits, it appears that BSB does not have automatic samplers to conduct flow-proportional sampling at these SIUs over the production day. BSB needs to acquire automatic samplers that have the capability to conduct flow-proportional sampling. Purchasing automatic samplers would be the best use of BSB's resources, however, if BSB cannot purchase automatic samplers with flow-proportional sampling capability, then BSB must sample the SIUs using manual flow-proportional techniques over the production day. 11.0 Enforcement 11.1 Regulatory Background The EPA establishes the regulatory requirement to develop and implement an Enforcement Response Plan (ERP) in 40 C.F.R. 403.8(f)(5)(i-iv) of the Pretreatment Regulations. The regulations state: "The POTW shall develop and implement an enforcement response plan. This plan shall contain detailed procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan shall, at a minimum: (i) Describe how the POTW will investigate instances of noncompliance. (ii) Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place. (iii) Identify (by title) the official(s) responsible for each type of response. (iv) Adequately reflect the POTW's primary responsibility to enforce all applicable pretreatment requirements and standards." The development and implementation of an ERP is an important component of an effective Pretreatment Program. Although a successful Pretreatment program should provide outreach to facilities in the service area regarding the applicability of the Pretreatment Standards and compliance with these standards, in many situations, enforcement is the necessary driving force that makes the Pretreatment program functional. The ERP establishes a framework for POTWs to formalize procedures for investigating and responding to instances of IU noncompliance and to ensure that POTWs enforce against IUs objectively, consistently, and equitably. A well-developed ERP should help the POTW decide what resources are needed to enforce the Pretreatment Standards/Requirements and assist in dealing with IU violations. In addition, the ERP will 51 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 provide notice to the IUs regarding the POTW's responsibility to respond to violations of Pretreatment Standards/Requirements. 11.2 Enforcement Legal Authority The EPA evaluated BSB's enforcement authority and remedies found in its municipal ordinance. 1. ERP incorporated into the ordinance in 13.04.696 2. Civil penalties established in 13.04.360 3. Criminal penalties established in 13.04.360 4. Injunctive relief provisions established in 13.04.697(H) 5. Notice of violations authority established in 13. 04.697(B) 6. Administrative orders authority established in 13. 04.697(H) 7. Administrative penalty authority established in 13. 04.697(H) 8. Permit termination provisions established in 13. 04.697(C) 9. Publication of IUs in significant noncompliance in 13.04.365 11.3 Enforcement Response Plan BSB submitted its ERP to the EPA for review, prior to the audit. Based on the EPA's review, the ERP needs to be updated to meet the requirements established in the Pretreatment regulations at 40 C.F.R. 403.8(f)(5)(i-iv) and incorporated in Chapter 13.04 of BSB's municipal ordinance. The ERP also needs to be updated to include escalating enforcement actions based on the severity/magnitude of the violation and/or the pattern of violations: (Note: the EPA's review of BSB's ERP and the EPA's embedded comments in BSB's ERP are included as enclosures to the audit report). Describe how the POTW will investigate instances of noncompliance x Provide a summary of the methods BSB utilizes to investigate IU noncompliance: o Permitting o Self-monitoring notification o Compliance evaluation and SNC procedures Enforcement Response Guide: The following anticipated types of violations are either absent or need to be modified: x Failure to notify (24-hour, slug/potential problems, changed discharges, hazardous waste, upset, bypass) x Recordkeeping x Sector Control Programs x Trucked and Hauled Waste The following enforcement remedies for SNC criteria listed in BSB's municipal ordinance at 13.04.273(1-8) need to be established in the ERP: 52 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 x Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) that the POTW determines has caused Interference or Pass Through (including endangering the health of POTW personnel or the general public) (SNC Criteria # C) x Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority (SNC Criteria # D) x Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance (SNC Criteria # E) 11.4 Compliance Evaluation Based on EPA's review described in 8.4.1(4) of this audit report, it appears that BSB evaluates the self-monitoring reports for compliance and identifies permit violations. However, as listed in 8.4 of this audit report, BSB needs to provide enforcement for the identified violations from the SIUs. 11.5 SNC Calculations and Public Participation 40 C.F.R. 403.8(f)(2)(viii) of the Pretreatment Regulations require a POTW to comply with the public participation requirements in the enforcement of National Pretreatment Standards. These procedures shall include a provision for at least annual public notification in a newspaper of general circulation, that provides meaningful public notice within the jurisdictions served by the POTW, of IUs which, at any time during the previous 12 months, were in SNC with applicable Pretreatment requirements. The SNC determinations are both calculation of numeric Pretreatment Standards, as listed in 40 C.F.R. 403.8(f)(2)(viii)(A-D) and determination of violations of the narrative Pretreatment Standards, as listed in 40 C.F.R. 403.8(f)(2)(viii)(E-H). BSB has established these SNC criteria in 13.04.273(1-8) of BSB's municipal ordinance. Based on EPA's review of the Pretreatment records, BSB is calculating numeric SNC and determining narrative SNC based on identified violations. 12.0 Trucked and Hauled Waste 12.1 Regulatory Background Many POTWs accept trucked and hauled wastes in addition to receiving wastes through the collection system. As stated in 40 C.F.R. 403.1(b)(1), pollutants from nondomestic sources that are transported to the POTW by truck or rail are also subject to the Pretreatment Regulations. They may also be subject to categorical Pretreatment Standards. Therefore, hauled wastes from CIUs or hauled waste that otherwise qualifies the discharger as an IU must be regulated in accordance with the requirements of the Pretreatment Regulations, including any applicable requirements for permitting and inspecting the generating facility. Hauled wastes, like wastes received through the collection system, have the potential to negatively affect the POTW, making regulatory control of the wastes 53 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 necessary. Most wastewaters hauled or trucked to a POTW are domestic septage, typically from homes outside the POTW's service area, but compatible in nature. Because such discharges are predominantly compatible wastes, treatment at a POTW is the most appropriate disposal method. The biosolids regulations at 40 C.F.R. 503.9(f) define domestic septage as the liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar system that holds only domestic sewage. Domestic septage does not include liquid or solid material removed from any system that receives either commercial wastewater or industrial wastewater, and it does not include grease removed from a restaurant grease trap. The POTW cannot know for certain the nature and concentration of the trucked wastes and the impact on the POTW without implementing some type of control or surveillance program. Unlike discharges from IUs directly connected to the POTW, the makeup of a load of hauled waste is virtually unknown without some type of monitoring, be it visual or analytical. Even compatible loads of domestic septage can cause problems for a POTW due to high strength or discharge rate. Domestic septage can be partially digested, higher in metals concentrations than normal domestic wastes, or contain small amounts of household contaminants (e.g., cleaners). Similarly, disinfectants used in portable toilets have the potential to affect POTW operations. Receipt of hauled hazardous waste (as defined in Resource Conservation and Recovery Act (RCRA)) might not only affect POTW operations but also could subject the POTW to additional reporting requirements. The Domestic Sewage Exclusion, specified in 40 C.F.R. 261.4(a)(1)(ii), provides that hazardous wastes mixed with domestic sewage and under control of the Pretreatment program are exempt from the RCRA waste regulations. However, hazardous wastes received by truck or rail (or dedicated pipe) at the treatment plant are not exempt from the regulations. POTWs that accept hazardous wastes from those sources are subject to permit by rule status under RCRA [40 C.F.R. 270.60(c)] provided that certain requirements are met. The POTW must be in compliance with all its NPDES permit requirements and the waste must comply with all federal, state, and local pretreatment requirements. 12.2 Legal Authority BSB has adopted the Federal specific discharge prohibitions for trucked and hauled wastes found in 40 C.F.R. 403.5(b)(8) of the Pretreatment Regulations. This is incorporated by BSB in 13.04.650(H) of the municipal ordinance: "Any trucked or hauled pollutants, except at discharge points designated by the POTW." The municipal ordinance at 13.04.505 establishes permitting and disposal requirements for owners of waste hauling companies operating in BSB's service area: 54 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 "Owners of firms hauling sanitary wastewater or septage removed from private wastewater disposal systems shall obtain a written waste hauling permit, signed by the director, before removing such waste from any private wastewater disposal system. The waste hauling permit shall not become effective until the hauling equipment, including motorized vehicles and towed tankers, has first been inspected and approved by the director. None of those pollutants described in Section 13.04.674 A. through G. may be disposed of at the POTW or the final disposal site of the POTW. Hauled waste other than sanitary wastewater or septage removed from private wastewater systems may be disposed of at the POTW or the final disposal site of the POTW only upon specific approval of each load by the POTW superintendent." Implementation of the trucked and hauled waste program is addressed in the Trucked and Hauled Waste Sector Control Policy, adopted by BSB on 11/02/22 and approved by the EPA on 02/07/23. The policy establishes prohibitions, permitting, disposal location, monitoring, reporting, and vehicle maintenance requirements. The policy also sets fees and addresses compliance and enforcement of the trucked and hauled waste program. 12.3 Trucked and Hauled Waste Disposal Location and Control Mechanisms According to information gathered during the audit, BSB accepts only domestic/septic waste. The POTW accepts approximately four to five trucks per day at its septic disposal receiving stations located onsite at the POTW. The POTW has a domestic waste receiving station located outside the POTW gates that is accessed by card and a pin number (Figures 3 and 4), specifically issued to each truck. This receiving station is equipped with a muffin monster to grind solids and a flowmeter. The POTW has SCADA software with capabilities of tracking access, times, and volumes of discharge from the domestic receiving station. (Figure 5) The waste haulers must enter the POTW with invoices and manifests before accessing the septic receiving station and dumping. The port-a-potty receiving station is located within the POTW and is locked (Figure 6). The haulers of port-a-potties are required to enter the POTW, drop off waste manifests and invoices with an operator before being provided with a key to access this receiving station. The trucks are charged by the capacity of the truck. Based on information gathered during the audit and a POTW walkthrough, it appears that BSB has adequate control of the trucked and hauled waste program. The acceptance of these wastes by BSB provides a significant benefit to the community and its residents. EPA acknowledges BSB's resource commitment to provide this beneficial service to the community. 55 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Figure 3 - Butte-Silver Bow Septage Receiving Station 56 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Figure 4 - Butte-Silver Bow Septage Receiving Station-Access Panel 57 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Figure 5 - Butte-Silver Bow Septage Receiving SCADA 58 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 Figure 6 - Butte-Silver Bow Port-a-Potty Receiving Station 13.0 Best Management Practices - Sector Control Programs 13.1 Regulatory Background BMPs are defined in 40 C.F.R. 403.3(e) as "schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 C.F.R. 403.5(a)(1) [General Prohibitions] and (b) [Specific Prohibitions]. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage." 40 C.F.R. 403.5(c)(4) states, "POTWs may develop Best Management Practices (BMPs) to implement paragraphs (c)(1) [develop limits to implement the general/specific prohibitions] and (c)(2) [develop and enforce specific effluent limits for industrial users that contribute pollutants that may result in Interference and Pass-Through] of this section. Such BMPs shall be considered local limits and Pretreatment Standards for the purposes of this part and section 307(d) of the Act." The regulations establish that BMPs are 59 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 enforceable Pretreatment Standards. 13.2 Authority in Municipal Ordinance and FOG Policy BSB established the authority to implement BMPs in its municipal ordinance as follows: x BMP definition in 13.04.023 and in 13.04.023. x BMPs are established as Pretreatment Standards in 13.04.689(C) x BMPS established as a SIU reporting requirement in 13.04.681(C). x BMPs established as a permit condition in 13.04.683(4). x BMP recordkeeping requirements in 13.04.681(E). x BMPs established as an SNC criterion in 13.04.273(E)(iii). x The FOG BMP requirements are established in the Fats, Oils, and Grease Sector Control Policy approved by the BSB City Council on 11-02-2022 and by the EPA on 02-07-2023. 13.3 Dental Amalgam BMP Sector Control Program The Dental Amalgam Rule, found in 40 C.F.R. Part 441, was promulgated as a final rule with new source dental facilities required to be in compliance with the Pretreatment Standards as of July 14, 2017, and existing source dental facilities required to be in compliance as of June 14, 2020. Compliance with the rule requires the installation of an ISO1143 amalgam separator or equivalent device, and compliance with the following two BMPs: x Prohibition on the use of oxidizing or chlorine-containing line cleaners; and x Ensuring all amalgam process wastewater including chair-side traps, screens, vacuum pump filters, dental tools, cuspidors or collection devices are treated through the amalgam separator. In addition, the new and existing dental facilities are required in 40 C.F.R. 441.50 of the Dental Amalgam Rule to provide a report that characterizes the dental facility and certifies compliance. The new source dental facilities are required to be in compliance upon discharge and submit a one-time compliance report within 90 days of startup. BSB has identified about 18 dental facilities in its industrial waste survey and has received one-time compliance reports within the deadline required by the Rule. 14.0 PFAS Roadmap and Implementation Harmful per- and poly-fluoroalkyl substances (PFAS) are an urgent public health and environmental issue facing communities across the United States. PFAS have been manufactured and used in a variety of industries in the United States and around the globe since the 1940s, and they are still being used today. Because of the duration and breadth of use, PFAS can be found in surface water, groundwater, soil, and air--from remote rural areas to densely-populated urban centers. A growing body of scientific evidence shows that exposure at certain levels to specific PFAS can adversely impact human health and other living things. Despite these concerns, PFAS are still used in a wide range of consumer 60 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 products and industrial applications. Every level of government--federal, Tribal, state, and local--needs to exercise increased and sustained leadership to accelerate progress to clean up PFAS contamination, prevent new contamination, and make game-changing breakthroughs in the scientific understanding of PFAS. 14.1 2021 EPA PFAS Strategic Roadmap On October 18, 2021, the EPA developed the Agency's PFAS Strategic Roadmap -- laying out a whole-of-agency approach to addressing PFAS. The roadmap sets timelines by which EPA plans to take specific actions and commits to policies designed to safeguard public health, protect the environment, and hold polluters accountable. The PFAS Strategic Roadmap may be found at the following link: https://www.epa.gov/pfas/pfas-strategicroadmap-epas-commitments-action-2021-2024 The EPA's integrated approach to PFAS is focused on three central directives: 1. Research. Invest in research, development, and innovation to increase understanding of PFAS exposures and toxicities, human health and ecological effects, and effective interventions that incorporate the best available science. 2. Restrict. Pursue a comprehensive approach to proactively prevent PFAS from entering air, land, and water at levels that can adversely impact human health and the environment. 3. Remediate. Broaden and accelerate the cleanup of PFAS contamination to protect human health and ecological systems. The EPA's approach is shaped by the unique challenges to addressing PFAS contamination. The EPA cannot solve the problem of "forever chemicals" by tackling one route of exposure or one use at a time. Rather, the EPA understood that it needed to take a lifecycle approach to PFAS to make meaningful progress. PFAS pollution is not a legacy issue--these chemicals remain in use in U.S. commerce. The risks posed by PFAS demand that the Agency attack the problem on multiple fronts at the same time. In the 2021 PFAS Roadmap, the EPA is leveraging the full range of statutory authorities to confront the human health and ecological risks of PFAS: x Water - Clean Act (CWA) x Solid Waste - Resource Conservation and Recovery Act (RCRA) x Land - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) x Air - Clean Air Act (CAA) x Chemical Safety and Pollution Prevention - Toxic Substances Control Act (TSCA) For purposes of this audit, the EPA is addressing the initiatives used in the Office of Water under the Safe Drinking Water Act, the Clean Water Act, the NPDES Permitting program and associated programs under the NPDES regulatory umbrella. The specific PFAS Roadmap commitments and updates may be found at the following link: https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-20212024#ow 61 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 14.1.1 Office of Water 14.1.1.1 Undertake nationwide monitoring for PFAS in drinking water The Safe Drinking Water Act (SDWA) establishes a data-driven and risk-based process to assess drinking water contaminants of emerging concern. Under SDWA, EPA requires water systems to conduct sampling for unregulated contaminants every five years. The fifth Unregulated Contaminant Monitoring Rule (UCMR 5) was published on December 27, 2021. UCMR 5 requires sample collection for 30 chemical contaminants between 2023 and 2025 from drinking water systems using analytical methods developed by EPA and consensus organizations. This action provides EPA and other interested parties with scientifically valid data on the national occurrence of these contaminants in drinking water. Going forward, EPA will continue to prioritize additional PFAS for inclusion in UCMR 6 and beyond, as techniques to measure these additional substances in drinking water are developed and validated. 14.1.1.2 Establish a national primary drinking water regulation for PFOA and PFOS Under the SDWA, EPA has the authority to set enforceable National Primary Drinking Water Regulations (NPDWRs) for drinking water contaminants and require monitoring of public water supplies. To date, EPA has regulated more than 90 drinking water contaminants but has not established national drinking water regulations for any PFAS. In March 2021, EPA published the Fourth Regulatory Determinations, including a final determination to regulate Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS) in drinking water. On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS). The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. EPA expects that if fully implemented, the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses. 14.1.1.3 Publish the final toxicity assessment for GenX and five additional PFAS On June 15, 2022, EPA issued final health advisories (HAs) for these two per- and polyfluoroalkyl substances (PFAS): 1) hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt (referred to as "GenX chemicals"); and 2) perfluorobutane sulfonic acid and its potassium salt (PFBS). In chemical and product manufacturing, GenX chemicals are considered a replacement for perfluorooctanoic acid (PFOA), and PFBS is considered a replacement for perfluorooctane sulfonic acid (PFOS). GenX chemicals have been found in surface water, groundwater, drinking water, rainwater, and air emissions. GenX chemicals are known to impact human health and ecosystems. Scientists have observed liver and kidney toxicity, immune effects, hematological effects, reproductive and developmental effects, and cancer in animals exposed to GenX chemicals. 62 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 The Office of Research and Development is also currently developing toxicity assessments for five other PFAS--PFBA, PFHxA, PFHxS, PFNA, and PFDA. 14.1.1.4 Publish health advisories for GenX and PFBS Expected Spring 2022 PFAS contamination has impacted drinking water quality across the country, including in underserved rural areas and communities of color. SDWA authorizes EPA to develop nonenforceable and non-regulatory drinking water health advisories to help Tribes, states, and local governments inform the public and determine whether local actions are needed to address public health impacts in these communities. Health advisories offer a margin of protection by defining a level of drinking water concentration at or below which lifetime exposure is not anticipated to lead to adverse health effects. They include information on health effects, analytical methodologies, and treatment technologies and are designed to protect all lifestages. On June 15, 2022, EPA issued interim updated drinking water health advisories for PFOA and PFOS that replace those EPA issued in 2016. In addition, EPA published health advisories for GenX and PFBS chemicals. These updated health advisories levels, which are based on new science, will remain in place until EPA establishes a National Primary Drinking Water Regulation. (As identified above the proposed National Primary Drinking Water Regulations were proposed on March 14, 2023. 14.1.1.5 Restrict PFAS discharges from industrial sources through a multi-faceted Effluent Limitations Guidelines program Effluent Limitations Guidelines (ELGs) are a powerful tool to limit pollutants from entering the nation's waters. ELGs establish national technology-based regulatory limits on the level of specified pollutants in wastewater discharged into surface waters and into municipal sewage treatment facilities. EPA has been conducting a PFAS multi-industry study to inform the extent and nature of PFAS discharges. Based on this study, EPA is taking a proactive approach to restrict PFAS discharges from multiple industrial categories. EPA plans to make significant progress in its ELG regulatory work by the end of 2024. EPA has established timelines for action--whether it is data collection or rulemaking--on the nine industrial categories in the proposed PFAS Action Act of 2021, as well as other industrial categories such as landfills. EPA's multi-faceted approach entails: Undertake rulemaking to restrict PFAS discharges from industrial categories where EPA has the data to do so--including the guidelines for organic chemicals, plastics and synthetic fibers (OCPSF), metal finishing, and electroplating. Proposed rule is expected in Summer 2023 for OCPSF and Summer 2024 for metal finishing and electroplating. Launch detailed studies on facilities where EPA has preliminary data on PFAS discharges, but the data are currently insufficient to support a potential rulemaking. These include electrical and electronic components, textile mills, and landfills. EPA expects these studies to be complete by Fall 2022 to inform decision making about a future rulemaking by the end of 2022. Initiate data reviews for industrial categories for which there is little known information on PFAS discharges, including leather tanning and finishing, plastics molding and forming, and paint formulating. EPA expects to complete these data 63 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 reviews by Winter 2023 to inform whether there are sufficient data to initiate a potential rulemaking. Monitor industrial categories where the phaseout of PFAS is projected by 2024, including pulp, paper, paperboard, and airports. The results of this monitoring, and whether future regulatory action is needed, will be addressed in the Final ELG Plan 15 in Fall 2022. 14.1.1.6 Leverage NPDES permitting to reduce PFAS discharges to waterways The National Pollutant Discharge Elimination System (NPDES) program interfaces with many pathways by which PFAS travel and are released into the environment and ultimately impact people and water quality. On December 5, 2022, the EPA issued the Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs Memo to the U.S. States to proactively use existing NPDES authorities to reduce discharges of PFAS at the source and obtain more comprehensive information through monitoring on the sources of PFAS and quantity of PFAS discharged by these sources. This memorandum provides EPA's guidance to states and updates the April 28, 2022 guidance to EPA Regions for addressing PFAS discharges when they are authorized to administer the NPDES permitting program or Pretreatment program. The memo provides the following recommendations for POTW NPDES permits and Pretreatment programs: x POTW NPDES Permits: o Quarterly Effluent, Influent and biosolids monitoring using EPA Method 1633 o Recommended biosolids assessment, based on biosolids monitoring and a PFAS source reduction for IUs in the POTW's service area, if necessary o Public notice of downstream drinking systems that are potentially affected by the POTW effluent when the POTW's NPDES permit is renewed or issued. x Pretreatment Programs: o Source Identification: Update IU inventory to include PFAS sources o Source Control: Utilize BMPS and pollution prevention to address PFAS discharges to the POTW Update IU permits to required quarterly PFAS monitoring Develop IU BMPS or local limits for PFAS, where authority exists through the NPDES permit limits or PFAS ELG promulgation. 14.1.1.7 Publish multi-laboratory validated analytical method for 40 PFAS In September 2021, EPA (in collaboration with the Department of Defense) published a single-laboratory validated method to detect PFAS. The method can measure up to 40 specific PFAS compounds in eight environmental matrices (including wastewater, surface water and biosolids) and has numerous applications, including NPDES compliance monitoring. EPA and DOD are continuing this collaboration to complete a multi-laboratory validation of the method. In response to stakeholder requests to update the method with multi-laboratory validation data as soon as practical, the EPA is releasing multiple revisions of the draft method. These revisions (past, present, and future) are outlined below. 64 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 It should be noted that none of these revisions significantly changed (or are anticipated to change) the procedure. x August 2021: EPA posted the initial draft of Method 1633 at this website using the data from the single laboratory validation. x June 2022: Second draft of Method 1633 included clarification on several issues that the laboratories participating in the multi-laboratory validation thought were vague or confusing. x December 2022: Third draft of Method 1633 included some multi-laboratory validation data for the wastewater matrix, which added required QC criteria for the wastewater matrix. This revision had some additional clarifications and flexibilities that were responsive to formal comments received from multiple parties. x July 2023: Fourth draft of Method 1633 incorporates the QC acceptance criteria for all aqueous matrices (surface water, ground water, and wastewater), derived from the multi-lab validation study. A multi-laboratory validation study report (published by DoD) is available below that summarizes the results of the multilaboratory study for these aqueous matrices. x Anticipated 2023: the Final version of Method 1633 will include the QC acceptance for all eight environmental matrices (wastewater, surface water, groundwater, soil, biosolids, sediment, landfill leachate, and fish tissue), derived from the multi-lab validation study. A second multi-laboratory validation study report will be made available that summarizes the results for the solid matrices and the landfill leachate matrix. In addition, on April 8, 2022, the EPA published a new Adsorbable Organic Fluorine (AOF) method 1621 that can broadly screen for the presence of PFAS in water at the part per billion level. The new AOF Method 1621 provides an aggregate measurement of chemical substances that contain carbon-fluorine bonds. PFAS are a common source of organofluorines in wastewater. This new method is especially useful for understanding the presence and forms of PFAS in wastewater when used in conjunction with methods that target individual PFAS. EPA's Draft Method 1621 has successfully completed single laboratory validation. 14.1.1.8 Publish updates to PFAS analytical methods to monitor drinking water Expected Fall 2024 SDWA requires EPA to use scientifically robust and validated analytical methods to assess the occurrence of contaminants of emerging concern, such as an unidentified or newly detected PFAS chemical. EPA will update and validate analytical methods to monitor additional PFAS. First, EPA will review reports of PFAS of concern and seek to procure certified reference standards that are essential for accurate and selective quantitation of emerging PFAS of concern in drinking water samples. EPA will evaluate analytical methods previously published for monitoring PFAS in drinking water (EPA Methods 533 and 537.1) to determine the efficacy of expanding the established target PFAS analyte list to include any emerging PFAS. Upon conclusion of this evaluation, EPA will complete multi-laboratory validation studies and peer review and publish updated EPA PFAS analytical methods for drinking water, making them available to support future drinking water monitoring programs. 65 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 14.1.1.9 Publish final recommended ambient water quality criteria for PFAS Tribes and states use EPA recommended water quality criteria to develop water quality standards to protect and restore waters, issue permits to control PFAS discharges, and assess the cumulative impact of PFAS pollution on local communities. On April 28, 2022, the EPA published proposed national recommended ambient water quality criteria for PFAS to protect aquatic life. EPA is proposing the first Clean Water Act aquatic life criteria for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)--two of the most well-studied chemicals in this group. The criteria are intended to protect aquatic life in the United States from short-term and long-term toxic effects of PFOA and PFOS. Following the comment period, EPA intends to issue final PFOA and PFOS recommended criteria, considering public comments and any new toxicity data. States and Tribes may consider adopting the final criteria into their water quality standards or can adopt other scientifically defensible criteria that are based on local or site-specific conditions. 14.1.1.10 Monitor fish tissue for PFAS from the nation's lakes and evaluate human biomarkers for PFAS States and Tribes have highlighted fish tissue data in lakes as a critical information need. Food and water consumption are important pathways of PFAS exposure, and PFAS can accumulate in fish tissue. In fact, EPA monitoring to date shows the presence of PFAS, at varying levels, in approximately 100 percent of fish tested in the Great Lakes and large rivers. In Summer 2022, EPA will collect fish tissue in the National Lakes Assessment for the first national study of PFAS in fish tissue in U.S. lakes. This will provide a better understanding of where PFAS fish tissue contamination is occurring, which PFAS are involved, and the severity of the problem. The new data will complement EPA's analyses of PFAS in fish tissue and allow EPA to better understand unique impacts on subsistence fishers, who may eat fish from contaminated waterbodies in higher quantities. EPA's preliminary analysis on whether concentrations of certain PFAS compounds in human blood could be associated with eating fish using the Centers for Disease Control and Prevention's National Health and Nutrition Examination Survey (NHANES) data found a positive correlation. Completing this analysis will help make clear the importance of the fish consumption pathway for protecting communities. EPA will continue to pursue collaboration with Tribal and federal partners to investigate this issue of mutual interest. 14.1.1.11 Finalize list of PFAS for use in fish advisory programs EPA will publish a list of PFAS for state and Tribal fish advisory programs that are either known or thought to be in samples of edible freshwater fish in high occurrence nationwide. This list will serve as guidance to state and Tribal fish tissue monitoring and advisory programs so that they know which PFAS to monitor and how to set fish advisories for PFAS that have human health impacts via fish consumption. This information will encourage more robust data collection from fish advisory programs and promote consistency of fish tissue PFAS monitoring results in EPA's publicly accessible Water Quality Portal. By issuing advisories for PFAS, state and Tribal programs can provide high-risk populations, including communities and individuals who depend on subsistence fishing, with more information about how to protect their health. 66 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023 14.1.1.12 Finalize risk assessment for PFOA and PFOS in biosolids Biosolids, or sewage sludge, from wastewater treatment facilities can sometimes contain PFAS. When spread on agricultural fields, the PFAS can contaminate crops and livestock. The CWA authorizes EPA to set pollutant limits and monitoring and reporting requirements for contaminants in biosolids if sufficient scientific evidence shows that there is potential harm to human health or the environment. A risk assessment is key to determining the potential harm associated with human exposure to chemicals. EPA will complete the risk assessment for PFOA and PFOS in biosolids by Winter 2024. The risk assessment will serve as the basis for determining whether regulation of PFOA and PFOS in biosolids is appropriate. If EPA determines that a regulation is appropriate, biosolids standards would improve the protection of public health and wildlife health from health effects resulting from exposure to biosolids containing PFOA and PFOS. 14.2 Impact of the NPDES Initiatives on BSB's Pretreatment Program The analytical tools, rules, procedures, and methods developed by the EPA in the PFAS Strategic Roadmap and identified in 14.1.1.1 through 14.1.1.12 are currently recommendations to identify and control non-domestic or IU sources in a POTW's service area. The requirement to control IUs will occur either when the EPA promulgates categorical Pretreatment Standards for specific IU sectors such as OCPSF, Metal Finishers or other future rulemakings, as identified in 14.1.1.5 or when the NPDES State adopts the EPA National Water Quality Criteria for PFAS and PFOS, identified in 14.1.1.9 as State water quality standards and begin implementing these as NPDES permit limits. However, EPA recommends BSB evaluate these recommendations and determine proactive measures to identify PFAS non-domestic sources in its service area and determine appropriate level of control or compliance assistance. 67 City and County of Butte-Silver Bow Pretreatment Audit Report MT-0022012 August 14, 2023 to August 16, 2023