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MA DEP Proposed Several Regulatory Changes
for Wastewater Management
by Capaccio Environmental Engineering, Inc.

The Massachusetts Department of Environmental Protection (MA DEP) is proposing sweeping changes to regulations relating to wastewater management. These changes are included in nine separate regulations, with the most significant changes being made to the Sewer Extension and Connection Permits (314 CMR 7.00) program. The purpose of this update is to provide specific information that may potentially impact businesses with industrial discharges to sewer systems.

Background
The current regulations that apply to industrial dischargers were passed in 1979 with the promulgation of 314 CMR 7.00 Sewer Extension and Connection Permits, and 314 CMR 12.00 Operation & Maintenance Standards for Wastewater Treatment Plants. According to the MA DEP, these regulations had been created in anticipation of obtaining delegated status from the United States Environmental Protection Agency (US EPA) under the National Pollutant Discharge Elimination System (NPDES) program.  Massachusetts has not taken delegation, which as a result causes many of the MA DEP wastewater programs to be redundant with the federal program requirements, as well as local requirements.

In 1997 the MA DEP conducted a review of its programs and determined that many of the industrial discharges requiring a permit pose a low potential risk of harm to public health or the environment, because the federal and local programs adequately regulated the businesses generating the discharges. As a result of its 1997 review, the MA DEP instituted a “permitting forbearance” policy where if the MA DEP determines that federal or local permits are adequate, then a state permit is not currently required and that the state will notify the applicant of regulatory changes impacting this decision.

Proposed Regulatory Changes
Current regulations require a MA DEP permit for nearly all non-sanitary sewer discharges.  The proposed regulatory revisions are intended to replace the forbearance policy with programs that eliminate redundant permits. A description of several changes that apply directly to industrial discharges is provided in the following sections.

Self-Certification and Permit-by-Rule. The MA DEP is proposing to revise the current industrial wastewater sewer discharge control program by instituting a “permit by rule” for businesses that discharge to a Publicly Owned Treatment Works (POTW) with an EPA-approved pretreatment program and a “self-certification” program to be filed with MA DEP, for businesses that discharge to a POTW without an EPA-approved pre-treatment program.

Presumptive Permit for Approval. Industrial sewer connections that are greater than 50,000 gallons per day and exceed five percent (5%) of the POTW’s permitted flow will be required to submit a presumptive approval permit application to the MA DEP.

State-wide Limit for Mercury. The MA DEP is proposing a new statewide discharge limit for mercury of one part per billion in addition to the existing state standards for industrial wastewater (i.e., temperature, viscosity, flammability, explosivity, and corrosivity).

Elimination of Biotech Regulations. The proposed changes will delete the industrial wastewater portion of the biotech regulations (314 CMR 17.00) to be consistent with the proposed industrial wastewater changes. 

Facility Grading. Similar to the process used in developing the soon-to-be-defunct Biotech Regulations, the MA DEP is proposing self-grading for Industrial Wastewater Pretreatment Systems (IWPS). Where an IWPS consisting of a single or dual stage neutralization system will be considered an industrial Grade-1I and an IWPS consisting of a single or dual stage neutralization in conjunction with common small-scale component systems such as, cartridge filtration, cartridge ion exchange, reverse osmosis, carbon adsorption will be considered an industrial Grade-2I.

Staffing Requirements. The MA DEP is proposing to modify the staffing requirements for Grade 1I and 2I fully automated industrial wastewater pretreatment systems (FAIWPS) and batch treatment systems. According to the MA DEP, a FAIWPS is a system that is equipped with process controllers that can initiate and complete treatment operations automatically. In the event of a system malfunction, a FAIWPS must also be able to shut-down, re-circulate or hold wastewater while initiating alarm notifications to the responsible operator(s).

• For a non-FAIWPS Grade-2I or lower that is operated 8-hours or more per day, a certified operator higher or equal to the facility grade is required to be present at least 8-hours per day during IWPS operation.

• For a FAIWPS Grade-2I system or lower, a certified operator higher or equal to the facility grade is required to inspect the system twice per week and not on consecutive days and be on call to address system malfunctions.

• For batch IWPS Grade-2I or lower, an operator higher or equal to the facility grade is required to inspect the system once per day or whenever the system is discharging.

• For a Grade-3I or higher operating more than 8-hours per day, a certified operator higher or equal to the facility grade is required to present at least 8-hours per day

• For a Grade-3I or higher operating less than 8-hours per day, a certified operator higher or equal to the facility grade is required to be present when the system is operating.

Certified Operators (257 CMR 2.00): Under the current regulations, certified operators are not required at facilities utilizing only limestone chip neutralization, silver recovery or oil/water separators (MDC traps). The proposed regulatory changes also classify elementary neutralization systems (i.e., neutralizing less than 100 gallons per day, in batches of 2 liters or less) and closed loop systems as exempt.

MA DEP is specifically requesting comment on its proposal to allow proponents of projects that seek to connect to the sewer with sanitary wastewater amounts greater than 15,000 gallons per day but less than 50,000 gallons per day (equivalent to approximately 150 three bedroom residences), to self-certify compliance with MA DEP’s requirements rather than obtain a sanitary sewer connection permit from MA DEP.

Web Link to View Draft Regulations:
http://www.mass.gov/dep/water/laws/regulati.htm#wastewat

Dates of Public Review Period: 10/3/06 through 11/13/06
NOTE: MassDEP extended the public comment period for proposed sewer regulation amendments from November 6, 2006 to November 13, 2006. Updated 10/31/2006

Publication in Massachusetts Register:  10/6/06

Date Regulations were sent to Secretary of State’s Office: 9/22/06

For more information or assistance with these changes, please contact Wayne Bates at Tel. 508-970-0033 ext. 121 or via Email to wbates@capaccio.com.

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