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(iii) Identification

of

conditions under which production will be curtailed or halted to repair leaking equipment items or to prevent pulping liquor, soap, and turpentine leaks and spills; and

(iv) A means for tracking repairs over time to identify those equipment items where upgrade or replacement may be warranted based on frequency and severity of leaks, spills, or failures.

(3) The mill must operate continuous, automatic monitoring systems that the mill determines are necessary to detect and control leaks, spills, and intentional diversions of spent pulping liquor, soap, and turpentine. These monitoring systems should be integrated with the mill process control system and may include, e.g., high level monitors and alarms on storage tanks; process area conductivity (or pH) monitors and alarms; and process area sewer, process wastewater, and wastewater treatment plant conductivity (or pH) monitors and alarms.

(4) The mill must establish a program of initial and refresher training of operators, maintenance personnel, and other technical and supervisory personnel who have responsibility for operating, maintaining, or supervising the operation and maintenance of equipment items in spent pulping liquor, soap, and turpentine service. The refresher training must be conducted at least annually and the training program must be documented.

(5) The mill must prepare a brief report that evaluates each spill of spent pulping liquor, soap, or turpentine that is not contained at the immediate process area and any intentional diversion of spent pulping liquor, soap, or turpentine that is not contained at the immediate process area. The report must describe the equipment items involved, the circumstances leading to the incident, the effectiveness of the corrective actions taken to contain and recover the spill or intentional diversion, and plans to develop changes to equipment and operating and maintenance practices as necessary to prevent recurrence. Discussion of the reports must be included as part of the annual refresher training.

(6) The mill must establish a program to review any planned modifications to

the pulping and chemical recovery facilities and any construction activities in the pulping and chemical recovery before these activities

commence. The purpose of such review is to prevent leaks and spills of spent pulping liquor, soap, and turpentine during the planned modifications, and to ensure that construction and supervisory personnel are aware of possible liquor diversions and of the requirement to prevent leaks and spills of spent pulping liquors, soap, and turpentine during construction.

(7) The mill must install and maintain secondary containment (i.e., containment constructed of materials impervious to pulping liquors) for spent pulping liquor bulk storage tanks equivalent to the volume of the largest tank plus sufficient freeboard for precipitation. An annual tank integrity testing program, if coupled with other containment or diversion structures, may be substituted for secondary containment for spent pulping liquor bulk storage tanks.

(8) The mill must install and maintain secondary containment for turpentine bulk storage tanks.

(9) The mill must install and maintain curbing, diking or other means of isolating soap and turpentine processing and loading areas from the wastewater treatment facilities.

(10) The mill must conduct wastewater monitoring to detect leaks and spills, to track the effectiveness of the BMPs, and to detect trends in spent pulping liquor losses. Such monitoring must be performed in accordance with paragraph (i) of this section.

(d) Requirement to develop a BMP Plan. (1) Each mill subject to this section must prepare and implement a BMP Plan. The BMP Plan must be based on a detailed engineering review as described in paragraphs (d)(2) and (3) of this section. The BMP Plan must specify the procedures and the practices required for each mill to meet the requirements of paragraph (c) of this section, the construction the mill determines is necessary to meet those requirements including a schedule for such construction, and the monitoring program (including the statistically derived action levels) that will be used to meet the requirements of paragraph

(i) of this section. The BMP Plan also must specify the period of time that the mill determines the action levels established under paragraph (h) of this section may be exceeded without triggering the responses specified in paragraph (i) of this section.

(2) Each mill subject to this section must conduct a detailed engineering review of the pulping and chemical recovery operations—including but not limited to process equipment, storage tanks, pipelines and pumping systems, loading and unloading facilities, and other appurtenant pulping and chemical recovery equipment items in spent pulping liquor, soap, and turpentine service for the purpose of determining the magnitude and routing of potential leaks, spills, and intentional diversions of spent pulping liquors, soap, and turpentine during the following periods of operation:

(i) Process start-ups and shut downs; (ii) Maintenance; (iii) Production grade changes; (iv) Storm or other weather events; (v) Power failures; and (vi) Normal operations. (3) As part of the engineering review, the mill must determine whether existing spent pulping liquor containment facilities are of adequate capacity for collection and storage of anticipated intentional liquor diversions with sufficient contingency for collection and containment of spills. The engineering review must also consider:

(i) The need for continuous, automatic monitoring systems to detect and control leaks and spills of spent pulping liquor, soap, and turpentine;

(ii) The need for process wastewater diversion facilities to protect end-ofpipe wastewater treatment facilities from adverse effects of spills and diversions of spent pulping liquors, soap, and turpentine;

(iii) The potential for contamination of storm water from the immediate process areas; and

(iv) The extent to which segregation and/or collection and treatment of contaminated storm water from the immediate process areas is appropriate.

(e) Amendment of BMP Plan. (1) Each mill subject to this section must amend its BMP Plan whenever there is a change in mill design, construction,

operation, or maintenance that materially affects the potential for leaks or spills of spent pulping liquor, turpentine, or soap from the immediate process areas.

(2) Each mill subject to this section must complete a review and evaluation of the BMP Plan five years after the first BMP Plan is prepared and, except as provided in paragraph (e)(1) of this section, once every five years thereafter. As a result of this review and evaluation, the mill must amend the BMP Plan within three months of the review if the mill determines that any new or modified management practices and engineered controls are necessary to reduce significantly the likelihood of spent pulping liquor, soap, and turpentine leaks, spills, or intentional diversions from the immediate process areas, including a schedule for implementation of such practices and controls.

(f) Review and certification of BMP Plan. The BMP Plan, and any amendments thereto, must be reviewed by the senior technical manager at the mill and approved and signed by the mill manager. Any person signing the BMP Plan or its amendments must certify to the permitting or pretreatment control authority under penalty of law that the BMP Plan (or its amendments) has been prepared in accordance with good engineering practices and in accordance with this regulation. The mill is not required to obtain approval from the permitting or pretreatment control authority of the BMP Plan or any amendments thereto.

(g) Record keeping requirements. (1) Each mill subject to this section must maintain on its premises a complete copy of the current BMP Plan and the records specified in paragraph (g)(2) of this section and must make such BMP Plan and records available to the permitting or pretreatment control authority and the Regional Administrator or his or her designee for review upon request.

(2) The mill must maintain the following records for 3 years from the date they are created:

(i) Records tracking the repairs performed in accordance with the repair program described in paragraph (c)(2) of this section;

(ii) Records of initial and refresher training conducted in accordance with paragraph (c)(4) of this section;

(iii) Reports prepared in accordance with paragraph (c)(5) of this section; and

(iv) Records monitoring required by paragraphs (c)(10) and (i) of this section.

(h) Establishment of wastewater treatment system influent action levels. (1) Each mill subject to this section must conduct a monitoring program, described in paragraph (h)(2) of this section, for the purpose of defining wastewater treatment system influent characteristics (or action levels), described in paragraph (h)(3) of this section, that will trigger requirements to initiate investigations on BMP effectiveness and to take corrective action.

(2) Each mill subject to this section must employ the following procedures in order to develop the action levels required by paragraph (h) of this section:

(i) Monitoring parameters. The mill must collect 24-hour composite samples and analyze the samples for a measure of organic content (e.g., Chemical Oxygen Demand (COD) or Total Organic Carbon (TOC)). Alternatively, the mill may use a measure related to spent pulping liquor losses measured continuously and averaged over 24 hours (e.g., specific conductivity or color).

(ii) Monitoring locations. For direct dischargers, monitoring must be conducted at the point influent enters the wastewater treatment system. For indirect dischargers monitoring must be conducted at the point of discharge to the POTW. For the purposes of this requirement, the mill may select alternate monitoring point(s) in order to isolate possible sources of spent pulping liquor, soap, or turpentine from other possible sources of organic wastewaters that are tributary to the wastewater treatment facilities (e.g., bleach plants, paper machines and secondary fiber operations).

(3) By the date prescribed in paragraph (j)(1)(iii) of this section, each existing discharger subject to this section must complete an initial sixmonth monitoring program using the procedures specified in paragraph (h)(2) of this section and must establish ini

tial action levels based on the results of that program. A wastewater treatment influent action level is a statistically determined pollutant loading determined by a statistical analysis of six months of daily measurements. The action levels must consist of a lower action level, which if exceeded will trigger the investigation requirements described in paragraph (i) of this section, and an upper action level, which if exceeded will trigger the corrective action requirements described in paragraph (i) of this section.

(4) By the date prescribed in paragraph (j)(1)(vi) of this section, each existing discharger must complete a second six-month monitoring program using the procedures specified in paragraph (h)(2) of this section and must establish revised action levels based on the results of that program. The initial action levels shall remain in effect until replaced by revised action levels.

(5) By the date prescribed in paragraph (j)(2) of this section, each new source subject to this section must complete a six-month monitoring program using the procedures specified in paragraph (h)(2) of this section and must develop a lower action level and an upper action level based on the results of that program.

(6) Action levels developed under this paragraph must be revised using six months of monitoring data after any change in mill design, construction, operation, or maintenance that materially affects the potential for leaks or spills of spent pulping liquor, soap, or turpentine from the immediate process areas.

(i) Monitoring, corrective action, and reporting requirements. (1) Each mill subject to this section must conduct daily monitoring of the influent to the wastewater treatment system in accordance with the procedures described in paragraph (h)(2) of this section for the purpose of detecting leaks and spills, tracking the effectiveness of the BMPs, and detecting trends in spent pulping liquor losses.

(2) Whenever monitoring results exceed the lower action level for the period of time specified in the BMP Plan, the mill must conduct an investigation

an

or

to determine the cause of such exceed- installation of monitoring and alarm ance. Whenever monitoring results ex- systems not later than April 15, 1999. ceed the upper action level for the pe- (iii) Establish initial action levels reriod of time specified in the BMP Plan, quired by paragraph (h)(3) of this secthe mill must complete corrective ac

tion not later than April 15, 1999. tion to bring the wastewater treatment

(iv) Commence operation of any new system influent mass loading below the

or upgraded continuous, automatic lower action level as soon as prac

monitoring systems that the mill deticable.

termines to be necessary under para(3) Although exceedances of the action levels will not constitute viola

graph (c)(3) of this section (other than tions of

those associated with construction of NPDES permit pretreatment standard, failure to take

containment or diversion structures) the actions required by paragraph (i)(2)

not later than April 17, 2000. of this section as soon as practicable

(v) Complete construction and comwill be a permit or pretreatment stand- mence operation of any spent pulping ard violation.

liquor, collection, containment, diver(4) Each mill subject to this section sion, or other facilities, including any must report to the NPDES permitting associated continuous monitoring sysor pretreatment control authority the tems, necessary to fully implement results of the daily monitoring con- BMPs specified in paragraph (c) of this ducted pursuant to paragraph (i)(1) of section not later than April 16, 2001. this section. Such reports must include (vi) Establish revised action levels a summary of the monitoring results, required by paragraph (h)(4) of this secthe number and dates of exceedances of

tion as soon as possible after fully imthe applicable action levels, and brief

plementing the BMPs specified in paradescriptions of any corrective actions

graph (c) of this section, but not later taken to respond to such exceedances.

than January 15, 2002. Submission of such reports shall be at the frequency

(2) New sources. Upon commencing established by the NPDES permitting or pretreatment

discharge, new sources subject to this

section must implement all of the control authority, but in no case less than once per year.

BMPs specified in paragraph (c) of this (j) Compliance deadlines—(1) Existing

section, prepare the BMP Plan required direct and indirect dischargers. Except as

by paragraph (d) of this section, and provided in paragraph (j)(2) of this sec

certify

the permitting tion for new sources, indirect dis- pretreatment authority that the BMP charging mills subject to this section Plan has been prepared in accordance must meet the deadlines set forth with this regulation as required by below. Except as provided in paragraph

paragraph (f) of this section, except (j)(2) of this section for new sources,

that the action levels required by paraNPDES permits must require direct graph (h)(5) of this section must be esdischarging mills subject to this sec- tablished not later than 12 months tion to meet the deadlines set forth after commencement of discharge, below. If a deadline set forth below has based on six months of monitoring data passed at the time the NPDES permit obtained prior to that date in accordcontaining the BMP requirement is ance with the procedures specified in issued, the NPDES permit must require

paragraph (h)(2) of this section. immediate compliance with such BMP

(k) The provisions of paragraphs (c) requirement(s).

through (j) of this section do not apply (i) Prepare BMP Plans and certify to

to the bleached papergrade kraft mill, the permitting or pretreatment author

commonly known as the Androscoggin ity that the BMP Plan has been pre

Mill, that is owned by International pared in accordance with this regulation not later than April 15, 1999;

Paper and located in Jay, Maine. In (ii) Implement all BMPs specified in

lieu of imposing the requirements specparagraph (c) of this section that do

ified in those paragraphs, the permitnot require the construction of con

ting authority shall establish conditainment or diversion structures or the

tions for the discharge of COD and

to

or

color for this mill on the basis of best 8430.12 Effluent limitations repprofessional judgment.

resenting the degree of effluent re[63 FR 18635, Apr. 15, 1998, as amended at 65

duction attainable by the applica

tion of the best practicable control FR 46108, July 27, 2000)

technology currently available

(BPT). Subpart A-Dissolving Kraft Subcategory

(a) Except as provided in 40 CFR

125.30 through 125.32, any existing point $ 430.10 Applicability; description of source subject to this subpart must

the dissolving kraft subcategory. achieve the following effluent limitaThe provisions of this subpart apply tions representing the degree of effluto discharges resulting from the pro- ent reduction attainable by the appliduction of dissolving pulp at kraft cation of the best practicable control mills.

technology currently available (BPT),

except that non-continuous dischargers § 430.11 Specialized definitions.

shall not be subject to the maximum For the purpose of this subpart, the day and average of 30 consecutive days general definitions, abbreviations, and limitations but shall be subject to anmethods of analysis set forth in 40 CFR nual average effluent limitations: part 401 and $ 430.01 of this part shall apply to this subpart.

SUBPART A
(BPT effluent limitations)

[blocks in formation]

(b) The following limitations estab- this section and shall be calculated lish the quantity or quality of pollut- using the proportion of the mill's total ants or pollutant properties, controlled production due to use of logs which are by this section, resulting from the use subject to such operations. Non-continof wet barking operations, which may uous dischargers shall not be subject to be discharged by point source subject the maximum day and average of 30 to the provisions of this subpart. These consecutive days limitations, but shall limitations are in addition to the limi- be subject to annual average effluent tations set forth in paragraph (a) of limitations:

SUBPART A
(BPT effluent limitations)

Pollutant or pollutant property

Kg/kkg (or pounds per 1,000 lb) of

product Continuous dischargers

Non-continMaximum

Average of uous disfor any 1

daily values chargers (an

for 30 conday

nual average) secutive days

BOD5
TSS

3.2
6.9

1.7
3.75

0.95 2.0

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