Florida Regulations 62-625.540: Modification of Pretreatment Programs
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(1) General. Pretreatment programs shall be modified in accordance with this rule whenever there is a significant change in the operation of a pretreatment program that differs from the information in the control authority’s submission to the Department, as approved under Fl. Admin. Code R. 62-625.510
(2) Procedures. Pretreatment program modifications shall be accomplished as follows:
(a) For substantial modifications, as defined in subsection (3), below.
1. The control authority shall submit to the Department a statement of the basis for the desired modification, a modified program description in accordance with Fl. Admin. Code R. 62-625.500(4)(a), and such other documents the Department determines to be necessary under the requirements of this chapter,
2. The Department shall approve or disapprove the modification based on the requirements of subsection 62-625.500(2), F.A.C., following the procedures in Fl. Admin. Code R. 62-625.510,
3. If not already incorporated into the WWF’s permit, the modification shall be incorporated after approval in accordance with Fl. Admin. Code R. 62-620.325; and,
4. The modification shall become effective upon approval by the Department. Publication of the notice of approval is not required provided that no substantive comments are received by the date specified in the notice of request for approval and the request is approved without change. Otherwise, notice of approval of the modification, prepared by the Department, shall be published by the control authority in the same newspaper as the original notice of request for approval in accordance with Fl. Admin. Code R. 62-625.510(2)(a); and,
(b) The control authority shall notify the Department of any non-substantial modifications to its pretreatment program at least 45 days prior to when they are to be implemented by the control authority, in a statement similar to that provided for in subparagraph (a)1., above. Such non-substantial program modifications shall be deemed to be approved by the Department 45 days after the submission of the control authority’s statement unless the Department determines that a modification submitted is a substantial modification. Following such “”approval”” by the Department, if not already incorporated in to the WWF’s permit, such modifications shall be incorporated in accordance with Fl. Admin. Code R. 62-620.325 If the Department determines that a modification reported by a control authority in its statement is in fact a substantial modification, the Department shall notify the control authority and initiate the procedures in paragraph (a), above.
(3) Substantial modifications.
(a) The following are substantial modifications for purposes of this chapter:
1. Changes to the control authority’s legal authority;
2. Changes to local limits which result in less stringent local limits, except for modifications to local limits for pH and or reallocations of the maximum allowable industrial loading of a pollutant that does not increase the total industrial loadings for that pollutant, which are reported in accordance with paragraph (2)(b), above;
3. Changes to the control authority’s control mechanism, as described in subFl. Admin. Code R. 62-625.500(2)(a)2.;
4. A decrease in the frequency of self-monitoring or reporting required of industrial users;
5. A decrease in the frequency of industrial user inspections or sampling by the control authority;
6. Changes to the control authority’s confidentiality procedures;
(b) A modification that is not included in paragraph (a), above, is nonetheless a substantial modification for purposes of this chapter if the modification:
1. Would have a significant impact on the operation of the pretreatment program;
2. Would result in an increase in pollutant loadings at the WWF; or
3. Would result in less stringent requirements being imposed on industrial users.
Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented Florida Statutes § 403.0885. History-New 11-29-94, Amended 5-10-10.
(2) Procedures. Pretreatment program modifications shall be accomplished as follows:
(a) For substantial modifications, as defined in subsection (3), below.
1. The control authority shall submit to the Department a statement of the basis for the desired modification, a modified program description in accordance with Fl. Admin. Code R. 62-625.500(4)(a), and such other documents the Department determines to be necessary under the requirements of this chapter,
2. The Department shall approve or disapprove the modification based on the requirements of subsection 62-625.500(2), F.A.C., following the procedures in Fl. Admin. Code R. 62-625.510,
3. If not already incorporated into the WWF’s permit, the modification shall be incorporated after approval in accordance with Fl. Admin. Code R. 62-620.325; and,
4. The modification shall become effective upon approval by the Department. Publication of the notice of approval is not required provided that no substantive comments are received by the date specified in the notice of request for approval and the request is approved without change. Otherwise, notice of approval of the modification, prepared by the Department, shall be published by the control authority in the same newspaper as the original notice of request for approval in accordance with Fl. Admin. Code R. 62-625.510(2)(a); and,
(b) The control authority shall notify the Department of any non-substantial modifications to its pretreatment program at least 45 days prior to when they are to be implemented by the control authority, in a statement similar to that provided for in subparagraph (a)1., above. Such non-substantial program modifications shall be deemed to be approved by the Department 45 days after the submission of the control authority’s statement unless the Department determines that a modification submitted is a substantial modification. Following such “”approval”” by the Department, if not already incorporated in to the WWF’s permit, such modifications shall be incorporated in accordance with Fl. Admin. Code R. 62-620.325 If the Department determines that a modification reported by a control authority in its statement is in fact a substantial modification, the Department shall notify the control authority and initiate the procedures in paragraph (a), above.
(3) Substantial modifications.
(a) The following are substantial modifications for purposes of this chapter:
1. Changes to the control authority’s legal authority;
2. Changes to local limits which result in less stringent local limits, except for modifications to local limits for pH and or reallocations of the maximum allowable industrial loading of a pollutant that does not increase the total industrial loadings for that pollutant, which are reported in accordance with paragraph (2)(b), above;
3. Changes to the control authority’s control mechanism, as described in subFl. Admin. Code R. 62-625.500(2)(a)2.;
4. A decrease in the frequency of self-monitoring or reporting required of industrial users;
5. A decrease in the frequency of industrial user inspections or sampling by the control authority;
6. Changes to the control authority’s confidentiality procedures;
(b) A modification that is not included in paragraph (a), above, is nonetheless a substantial modification for purposes of this chapter if the modification:
1. Would have a significant impact on the operation of the pretreatment program;
2. Would result in an increase in pollutant loadings at the WWF; or
3. Would result in less stringent requirements being imposed on industrial users.
Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented Florida Statutes § 403.0885. History-New 11-29-94, Amended 5-10-10.