Section 0400-40-14-.18 - MODIFICATION OF WWF PRETREATMENT PROGRAMS(1) General. Either the Approval Authority or a WWF with an approved WWF Pretreatment Program may initiate program modification at any time to reflect changing conditions at the WWF. Program modification is necessary whenever there is a significant change in the operation of a WWF Pretreatment Program that differs from the information in the WWF's submission, as approved under Rule 0400-40-14-.11.
(2) Substantial modifications defined. Substantial modifications include: (a) Modifications that relax WWF legal authorities (as described in subparagraph (6)(a) of Rule 0400-40-14-.08), except for modifications that directly reflect a revision to this chapter or to 40 C.F.R. chapter I, subchapter N, and are reported pursuant to paragraph (4) of this rule;(b) Modifications that relax local limits, except for the modifications to local limits for pH and reallocations of the Maximum Allowable Industrial Loading of a pollutant that do not increase the total industrial loadings for the pollutant, which are reported pursuant to paragraph (4) of this rule. Maximum Allowable Industrial Loading means the total mass of a pollutant that all Industrial Users of a WWF (or a subgroup of Industrial Users identified by the WWF) may discharge pursuant to limits developed under paragraph (3) of Rule 0400-40-14-.05;(c) Changes to the WWF's control mechanism, as described in part (6)(a)3. of Rule 0400-40-14-.08;(d) A decrease in the frequency of self-monitoring or reporting required of industrial users;(e) A decrease in the frequency of industrial user inspections or sampling by the WWF;(f) Changes to the WWF's confidentiality procedures; and(g) Other modifications designated as substantial modifications by the Approval Authority on the basis that the modification could have a significant impact on the operation of the WWF's Pretreatment Program; could result in an increase in pollutant loadings at the WWF; or could result in less stringent requirements being imposed on Industrial Users of the WWF.(3) Approval procedures for substantial modifications.(a) The WWF shall submit to the Approval Authority a statement of the basis for the desired program modification, a modified program description (see paragraph (2) of Rule 0400-40-14-.09), or such other documents the Approval Authority determines to be necessary under the circumstances.(b) The Approval Authority shall approve or disapprove the modification based on the requirements of paragraph (6) of Rule 0400-40-14-.08 and using the procedures in paragraphs (2) through (6) of Rule 0400-40-14-.11, except as provided in subparagraphs (c) and (d) of this paragraph. The modification shall become effective upon approval by the Approval Authority.(c) The Approval Authority need not publish a notice of decision under paragraph (5) of Rule 0400-40-14-.11 provided the notice of request for approval under subparagraph (2)(a) of Rule 0400-40-14-.11 states that the request will be approved if no comments are received by a date specified in the notice; no substantive comments are received; and the request is approved without change.(d) Notices required by Rule 0400-40-14-.11 may be performed by the WWF provided that the Approval Authority finds that the WWF notice otherwise satisfies the requirements of Rule 0400-40-14-.11.(4) Approval procedures for non-substantial modifications. (a) The WWF shall notify the Approval Authority of any non-substantial modification at least 45 days prior to implementation by the WWF, in a statement similar to that provided for in subparagraph (3)(a) of this rule.(b) Within 45 days after the submission of the WWF's statement, the Approval Authority shall notify the WWF of its decision to approve or disapprove the non-substantial modification.(c) If the Approval Authority does not notify the WWF within 45 days of its decision to approve or deny the modification, or to treat the modification as substantial under subparagraph (2)(g) of this rule, the WWF may implement the modification.(5) Incorporation in permit. All modifications shall be incorporated into the WWF's NPDES permit upon approval. The permit will be modified to incorporate the approved modification in accordance with 40 C.F.R. § 122.63(g).
Tenn. Comp. R. & Regs. 0400-40-14-.18
Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective 4/25/2023.Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.