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TABLE 1-1 . COMPARISON OF MAJOR COMPONENTS OF THE RCRA 

AND PRETREATMENT PROGRAMS 

PROGRAM AREA 

PARTIES 

REGULATED 

POLLUTANTS/ 

MATERIALS 

REGULATED 

CONTROL 

AUTHORITIES 

PRETREATMENT 

• 14,000 categorical industries 

(covering 22 industrial 

categories) 

• Unknown number of noncategorical 

industrial users 

t 1,463 POTWs (comprising 80 

percent of National POTW flow) 

required to develop Federal 

programs 

• All other POTWs 

• 126 priority pollutants (metals 

and toxic organics) 

t Nonconventional pollutants 

• Pollutants regulated by 

prohibited discharge standards 

that may cause: 

- F1re or explosion 

- Corrosion (pH <5) 

- Obstruction 

- Interference 

- Heat 

- Pass through 

• Any other pollutant covered by 

local limits 

• EPA HQ 

• EPA Regions 

• 21 States have approved programs 

• 1,278 POTWs have approved 

programs 

RCRA 

« 56,000 HW generators (generators 

<1000 kg/mo exempted) 

• 12,500 HW transporters 

• 4,800 HW treatment, storage, and 

disposal facilities (TSDFs) 

• Characteristic wastes that 

exhibit one or more of the 

following: 

- Ignitability 

- Corrosivity 

- Reactivity 

- EP Toxicity 

• Listed Wastes - covering 

characteristic wastes, acute 

hazardous wastes, and toxic 

wastes (pollutants covered 

include App. VIII 375 hazardous 

constituents) 

• EPA HQ 

• EPA Regions 

• 13 States have interim 

authorization 

t 33 States have pre-HWSA final 

authorization 

TYPE OF 

STANDARDS 

EMPLOYED 

• Categorical standards: 

- Numerical limits for selected 

126 pollutants and 

nonconventionals 

- Technology-based 

- Production- or concentrationbased 

• Local limits: 

- Numerical and absolute 

prohibitions 

• General and specific prohibitions 

• Standards for generators and 

transporters are concerned 

principally with handling waste 

analysis and manifesting 

• TSDFs are subject to a variety of 

operational and design standards 

1-4 
P.2 

TABLE 1-1. COMPARISON OF MAJOR COMPONENTS OF THE RCRA 

AND PRETREATMENT PROGRAMS (Continued) 

PROGRAM AREA PRETREATMENT RCRA 

PERMITTING 

MECHANISMS 

• I Us discharging to about 1,500 

pretreatment POTWs controlled by 

"permit, contract, order or 

similar means" 

• Other IUs may be permitted by 

States, although no explicit 

regulations currently exist 

• POTWs regulated by Federal or 

State NPDES permits 

• TSDFs regulated by a two-phase 

permittin g system - Part A and 

Part B permits 

• Permits-by-rule for certain 

disposal practices, including HW 

treatment at POTWs 

RECORDKEEPING/ 

REPORTING 

REQUIREMENTS 

t POTWs: 

Industrial Waste Survey - to 

identify IUs, pollutants, name, 

address 

Discharge Monitoring Reports -

a NPDES reporting requirement 

POTW Annual Report - annual 

summary of pretreatment 

activities 

• Generators: 

- Notify EPA - to obtain I.D. No. 

- Maintain waste analysis records 

- Maintain manifests for 3 years 

- Submit Biennial Report -

covering generating activities 

- Submit Exceptions Report - when 

manifest not received 

INSPECTIONS AND 

SAMPLING 

• IUs: 

- IWS response 

- Permit application 

- Baseline Monitoring Report 

(within 180 days of cat. std. 

effective date) 

- Compliance Date Report (within 

90 days of compliance date for 

cat. std.) 

- Self-monitoring reports 

- Slug load notifications 

Federal/State Inspections: 

- Compliance Sampling Inspections 

- Compliance Evaluation 

Inspections 

- Compliance B1omon1toring 

Inspections 

- Performance Audit Inspections 

- Pretreatment program audits 

- NPDES self-monitoring 

• Transporters: 

- Notify EPA for I.D. number 

- Comply with manifesting 

regulations 

• TSDFs: 

- Notify EPA for 1.0. number 

- Comply with manifesting 

regulations 

- Maintain waste analysis records 

- Maintain operating records 

- Submit Biennial Report on 

wastes received, generators, 

methods of treatment, storage, 

etc. 

t Federal Inspections - primary 

agent for RCRA enforcement 

• State Inspections - compliance 

evaluation program 

1-5 
P.3 

TABLE 1-1. COMPARISON OF MAJOR COMPONENTS OF THE RCRA 

AND PRETREATMENT PROGRAMS (Continued) 

PROGRAM AREA 

INSPECTIONS AND 

SAMPLING 

(Continued) 

ENFORCEMENT 

PRETREATMENT 

• POTW Compliance Monitoring 

- Routine industrial demand 

monitoring 

- Compliance monitoring 

- IU self-monitoring 

• Federal/State IU monitoring 

(backup compliance sampling of 

IUs) 

0 Federal Authority: 

- Civil penalties up to 

$10,000/day per violation 

- Criminal fines up to 

$25,000/day and/or imprisonment 

up to 1 year per violation 

- Civil remedies 

• State Authority: 

- Civil penalties up to 

$5,000/day per violation 

- Criminal fines up to 

$10,000/day per violation 

• POTW's Authority: 

- Typical penalties range from 

$100 to $l,000/day 

- Also emergency relief 

RCRA 

• Federal Authority: 

- Civil penalties up to 

$25,000/day 

- Criminal fines up to $25,0 

($50,000)/day depending on 

and up to 1-2 years 

imprisonment 

- Knowing endangerment - cri 

fines up to $250,000 and 

imprisonment for 2-5 years 

• State Authority: 

- Interim Authorization - ci ' 

or criminal up to $l,000/dc 

- Final Authorization - civi 

to $10,000/day per violati i 

and criminal up to $10,000, 

per violation and at least 

months imprisonment. 

1-6