PURPOSE: This rule sets forth procedures to prevent the introduction of pollutants into publicly-owned treatment works which will interfere with the operation of publicly-owned treatment works, including interference with its use or disposal of municipal sludge, to prevent the introduction of pollutants into publicly-owned treatment works which will pass through the treatment works or otherwise be incompatible with these works, and to improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The Environmental Protection Agency federal regulations, 40 CFR Parts 403 through 471, inclusive, that are in effect as of January 1, 2011, herein incorporated by reference, are available by writing to the Office of the Federal Register and the National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954. This rule does not incorporate any subsequent amendments or additions. The substitution of terms set forth shall apply in this rule in addition to any other modifications set forth in this rule.

2. (2) Provisions Incorporated.

   1. (A) The provisions of the General Pretreatment Regulations for Existing and New Sources of Pollution, 40 CFR Part 403, as in effect January 1, 2011, are hereby adopted and incorporated by reference, not including any later amendments or additions, subject to the additions, modifications, and substitutions set forth in 10 CSR 20-6.100(4) through (13).
   2. (B) The provisions of the following rules, as in effect January 1, 2011, are hereby adopted and incorporated by reference, not including any later amendments or additions, subject to the additions, modifications, or substitutions set forth in 10 CSR 20-6.100(4) through (13). The rules in this list refer to only the rules that contain pretreatment standards or limitations for industrial facilities that discharge to the local publicly-owned treatment works.

40 CFR Part 406 Grain Mills Point Source Category 40 CFR Part 413 Electroplating Point Source Category 40 CFR Part 414 Organic Chemicals, Plastics, and Synthetic Fibers 40 CFR Part 415 Inorganic Chemicals Manufacturing Point Source Category 40 CFR Part 417 Soap and Detergent Manufacturing Point Source Category 40 CFR Part 418 Fertilizer Manufacturing Point Source Category 40 CFR Part 419 Petroleum Refining Point Source Category 40 CFR Part 420 Iron and Steel Manufacturing Point Source Category 40 CFR Part 421 Nonferrous Metals Manufacturing Point Source Category 40 CFR Part 423 Steam Electric Power Generating Point Source Category 40 CFR Part 425 Leather Tanning and Finishing Point Source Category 40 CFR Part 426 Glass Manufacturing Point Source Category 40 CFR Part 428 Rubber Manufacturing Point Source Category 40 CFR Part 429 Timber Products Processing Point Source Category 40 CFR Part 430 Pulp, Paper, and Paperboard Point Source Category 40 CFR Part 433 Metal Finishing Point Source Category 40 CFR Part 435 Oil and Gas Extraction Point Source Category 40 CFR Part 437 Centralized Waste Treatment Point Source Category 40 CFR Part 439 Pharmaceutical Manufacturing Point Source Category 40 CFR Part 442 Transportation Equipment Cleaning Point Source Category 40 CFR Part 443 Effluent Limitations Guidelines for Existing Sources and Standards of Performance and Pretreatment Standards for New Sources for the Paving and Roofing Materials (Tars and Asphalt) Point Source Category 40 CFR Part 444 Waste Combustors Point Source Category 40 CFR Part 446 Paint Formulating Point Source Category 40 CFR Part 447 Ink Formulating Point Source Category 40 CFR Part 455 Pesticide Chemicals 40 CFR Part 458 Carbon Black Manufacturing Point Source Category 40 CFR Part 461 Battery Manufacturing Point Source Category 40 CFR Part 464 Metal Molding and Casting Point Source Category 40 CFR Part 465 Coil Coating Point Source Category 40 CFR Part 466 Porcelain Enameling Point Source Category 40 CFR Part 467 Aluminum Forming Point Source Category 40 CFR Part 468 Copper Forming Point Source Category 40 CFR Part 469 Electrical and Electronic Components Point Source Category 40 CFR Part 471 Nonferrous Metals Forming and Metal Powders Point Source Category

Note: 40 CFR Part 412 Concentrated Animal Feeding Operations (CAFO) Point Source Category has been adopted at 10 CSR 20- 6.300(4)(C).

1. (3) Federal statutes and regulations that are cited in 40 CFR Parts 403 through 471 that are not specifically adopted by reference shall be used as guidelines in interpreting the federal regulations in Parts 403 through 471.
2. (4) The “director” as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the director of staff of the Missouri Clean Water Commission or that person’s delegated representative.
3. (5) In the provisions of 40 CFR Part 403, following all occurrences of the citation to 40 CFR Part 136, add the phrase “or 10 CSR 20-7.015(9)(A)2.”

4. (6) In lieu of 40 CFR Section 403.4, the following shall apply:

   1. (A) Local Law. The provisions of 10 CSR 20-6.100 shall not supersede any pretreatment requirements, including any standards or prohibitions established by any local law, as long as the local requirements are not less stringent than any set forth in the pretreatment requirements of 10 CSR 20-6.100 or other requirements or prohibitions established by the state or federal government.

5. (7) State Enforcement Actions. In lieu of 40 CFR Section 403.5(e), the following shall apply:

   1. (A) If, within thirty (30) days after notice of an interference or pass-through violation has been sent by the state to the publically-owned treatment works (POTW) and to persons or groups who have requested the notice, the POTW fails to commence appropriate enforcement action to correct the violation, the state may take appropriate enforcement action.
6. (8) Substitute “Missouri Clean Water Commission” for “Regional Administrator” in 40 CFR Section 403.6(a)(5).
7. (9) Substitute “Missouri Clean Water Law, Chapter 644, Water Pollution, Powers and Duties of the Commission—rules, procedure. Section 644.026(13), RSMo,” for “section 402(b)(1)(C) of the Act” in 40 CFR Section 403.8(e).
8. (10) Substitute “Missouri Department of Natural Resources” for the term “agency” in the 40 CFR Section 403.16.

9. (11) Confidentiality.

   1. (A) In lieu of 40 CFR Section 403.14(a), the following shall apply:

      1. 1. Authorities. Any claim for confidentiality to the control

authority must be in accordance with the Missouri Sunshine Law, Chapter 610, RSMo. If no claim is made at the time of submission, the control authority may make the information available to the public without further notice. (B) The provisions of 40 CFR Section 403.14(c) are omitted. (12) Pretreatment Authorization. Where the director is also the control authority, the director may issue a pretreatment authorization to a categorical industrial user which discharges industrial process wastewater to a POTW. This authorization will be used to set forth the conditions governing the user’s discharge to the POTW, where the POTW does not have an approved pretreatment program or the POTW has not issued discharge permits that meet the requirements set forth in 10 CSR 20-6.100(2) and (3). (13) Judicial Relief. (A) The director shall have authority to seek judicial relief pursuant to Missouri Clean Water Law, Chapter 644, including section 644.076, RSMo, for noncompliance by industrial users when the POTW has failed to act or has acted to seek such relief but has sought judicial relief which the director finds to be insufficient. The procedures for notice to dischargers where the POTW is seeking ex parte temporary judicial injunctive relief will be governed by applicable state or federal law and not by this provision. (B) The director shall have authority to seek judicial relief pursuant to the Missouri Clean Water Law, Chapter 644, including section 644.076, RSMo, for noncompliance by industrial users where the director is the control authority. AUTHORITY: section 644.041, RSMo 2000.* Original rule filed Feb. 1, 1988, effective June 13, 1988. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Rescinded and readopted: Filed Nov. 9, 2011, effective Oct. 30, 2012. *Original authority: 644.041, RSMo 1972, amended 1973.