Industrial Users that discharge to a publicly owned treatment works (POTW) are covered by EPA's General Pretreatment Regulations, 40 CFR Part 403. For Wastewater Operator Certification study, a practical question is which information under Part 403 the public can see, and when it can be claimed as confidential. The answer is in 40 CFR 403.14, Confidentiality, read here with the definitions in 403.3 as they stand in the eCFR. This explainer does not describe a rule change, and it is not legal advice.
Who is the "Control Authority"?
403.14(b) refers to information and data provided to the "Control Authority." 403.3(f) defines it as "The POTW if the POTW's Pretreatment Program Submission has been approved in accordance with the requirements of § 403.11; or" "The Approval Authority if the Submission has not been approved." The Approval Authority, under 403.3(c), is "the Director in an NPDES State with an approved State pretreatment program and the appropriate Regional Administrator in a non-NPDES State or NPDES State without an approved State pretreatment program."
An "Industrial User" is, under 403.3(j), "a source of Indirect Discharge," and 403.3(i) defines Indirect Discharge as "the introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the Act."
Is effluent data provided to the Control Authority public?
403.14(b) says it is, in one sentence: "Information and data provided to the Control Authority pursuant to this part which is effluent data shall be available to the public without restriction." 403.14(b) states no exception to that sentence.
What about information submitted to EPA?
403.14(a) allows a confidentiality claim and sets when and how it is made:
- "any information submitted to EPA pursuant to these regulations may be claimed as confidential by the submitter."
- "Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words 'confidential business information' on each page containing such information."
- "If no claim is made at the time of submission, EPA may make the information available to the public without further notice."
- "If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR part 2 (Public Information)."
And information submitted to the State or POTW?
403.14(c): "All other information which is submitted to the State or POTW shall be available to the public at least to the extent provided by 40 CFR 2.302." Section 2.302 is titled "Special rules governing certain information obtained under the Clean Water Act"; this post does not set out its contents.
Summary
- Effluent data provided to the Control Authority under Part 403: "available to the public without restriction" (403.14(b)).
- Information submitted to EPA under Part 403: "may be claimed as confidential by the submitter," but the claim "must be asserted at the time of submission" (403.14(a)).
- All other information submitted to the State or POTW: available to the public "at least to the extent provided by 40 CFR 2.302" (403.14(c)).
This post covers only the federal text in 40 CFR Part 403 and the title of 40 CFR 2.302.
Where to practice
Industrial User reports, POTW pretreatment programs and recordkeeping under Part 403 are quoted in our pretreatment study guide and its practice test; 403.14 itself is not covered there. goraedu does not certify wastewater operators, and our questions are not a state operator certification exam.