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i F F., §403.18 40 CFR Ch. 1 (7-1-92 Edition nVironmental Protection Agency reasonably be expected to occur in the exercise of reasonable engine ' r as the notice of the original re- (2 absence of a bypass. Severe property judgment to prevent a bypass wlu�cll nest for approval of the modification desi damage does not mean economic loss occurred during normal periods o Lmder§403.11(b)(1)(t)(B). in caused by delays in production. equipment downtime or preventativ, (2) The POTW shall notify the AP- gra (b) Bypass not violating applicable maintenance;and royal Authority of any other (i.e., tial Pretreatment Standards or Require- (iii) The Industrial User submitted on-substantial) modifications to its (3 m.ents. An Industrial User may allow notices as required under paragraph etreatment Program at least 30 days ed i any bypass to occur which does not (c)of this section. rior to when they are to be imple- nor cause Pretreatment Standards or Re. (2) The Control Authority may ap. anted by the POTW, in a statement for quirements to be violated, but only if prove an anticipated bypass, after con. - to--that provided for in Pars- mo it also is for essential maintenance to sidering its adverse effects, if the Con, ph (b)(1)(i) of this section. Such 0 assure efficient operation. These by- trol Authority determines that it will on-substantial program modifications on passes are not subject to the provision meet the three conditions listed lii be deemed to be approved by the tre of paragraphs (c) and (d) of this sec- paragraph(d)(1)of this section. pproval Authority, unless the Ap- (: tioaroval Authority determines that a POI (c) Notice. (1) If an Industrial User 153 FR 40615,Oct.17,19681 odification submitted is in fact a knows in advance of the need fora substantial modification, 90 days after qui bypass, it shall submit prior notice to §403.18 Modification of POTW Pretreat• the submission of the POTW's state- al the Control Authority, ff possible at ment Programs. menti Following such "approval" by least ten days before the date of the (a) General Either the Approval the Approval Authority, such modifi- 153 bypass. Authority or a POTW with an ap. cations shall be incorporated into the (2) An Industrial User shall submit proved POTW Pretreatment Program pOTW's Permit in accordance with 40 - oral notice of an unanticipated bypass may initiate program modification at CFR 122.63(g). If the Approval Au- that exceeds applicable Pretreatment any time to reflect changing condi- thority determines that a modification Standards to the Control Authority tions at the POTW.Program modifica- reported by a POTW in its statement within 24 hours from the time the In- tion is necessary whenever there is a is in fact a substantial modification, dustrial User becomes aware of the significant change in the operation of the Approval Authority shall notify Dc bypass.A written submission shall also a POTW Pretreatment Program that the POTW and initiate the procedures be provided within 5 days of the time differs from the information in the in paragraph (b)(1)of this section. the Industrial User becomes aware of POTW's Submission, as approved (c) Substantial modifications. (l) 51. the bypass. The written submission under §403.11. The following are substantial modifi- shall contain a description of the (b) Procedures. POTW Pretreat. cations for purposes of this section: bypass and its cause; the duration of ment Program modifications shall be (i) Changes to the POTW'F legal Ru' the bypass, including exact dates and accomplished as follows: thonties; times, and, if the bypass has not been (1) For substantial modifications, as (it) Changes to local limits, which corrected,the anticipated time it is ex- defined in paragraph (c) of this sec. result in less stringent local limits: T, petted to continue; and steps taken or tion: UK) Changes to the POTW Is control Planned to reduce, eliminate, and pre. (i.) The POTW shall submit to the mechanism, as described in cx vent reoccurrence of the bypass. The Approval Authority a statement of the §403.8(f)(1)(W); f` Control Authority may waive the writ- basis for the desired modification, a Ov)Changes to the POTW's method sEd ten report on a case-by-case basis if modified program description (see, for implementing categorical Pretreat- the oral report has been received §403.9(b)), or such other documents ment Standards (e.g., incorporation by a within 24 hours. the Approval Authority determines to reference, separate promulgation, t; (d)Prohibition of bypass. (1)Bypass be necessary under the circumstances. etc.); is prohibited, and the Control Author- (ii)The Approval Authority shall ap- (v) A decrease in the frequency of ity may take enforcement action prove or disapprove the modification self-monitoring or reporting required against an Industrial User for a based on the requirements of of industrial users; bypass,unless; §403.8(f), following the procedures in (vll A decrease in the frequency of (i) Bypass was unavoidable to pre- §403.11(b)-(f). industrial user inspections or sampling < vent loss of life, personal injury, or (iii) The modification shall be incor by the POTW; - severe property damage; Porated into the POTW's NPDES (Vii) Changes to the POTW's confi- (ll) There were no feasible alterna- permit after approval. The permit will dentlality procedures; ' tives to the bypass, such as the use of be modified to incorporate the ap- (Viii) Significant reductions in the auxiliary treatment facilities, reten- proved modification in accordance. POTW's Pretreatment Program re-tion Of untreated wastes, or mainte- with 40 CFR 122.63(8). sources (including personnel commit- nance during normal periods of equip- (iv) The modification shall become' ned�equipment, and funding levels); ment downtime. This condition is not effective upon approval by the Ap- (�) satisfied if adequate back-up equip- proval Authority. Notice of approval: dip) Changes in the e POTW's icesdge meat should have been installed in the shall be published in the same newsps- 48 49