Air Toxics Notebook
Publicly Owned Treatment Works -  Subpart VVV

Applicability: eCFR Subpart VVV [ecfr.gov]

This subpart applies to:
Publicly owned treatment works which meet all follwing conditions:
  1. Publicly owned treatment works (POTW) which includes an affected source.
  2. The affected source is located at a POTW which is a Major Source of HAPs* or is located at any industrial POTW;
  3. The POTW is required to develop and implement a pretreatment program (defined in 40 CFR 403.8), or the POTW would meet the general criteria for development and implementation of a pretreamtent program.
OR

Must demonstrate that all units up to the secondary influent pumping station or the secondary treatment units do not emit a fraction exceeding 0.014.


Definition of "Affected Source":
  • The group of all equipment that comprise the POTW treatment plant.

Definition of "Industrial POTW" / "Group 1 POTW":
  • A POTW that accepts a waste stream regulated by an industrial NESHAP and provides treatment and controls as an agent for the industrial discharger.
  • The industrial discharger complies with its NESHAP by using the treatment and controls located at the POTW. For example, an industry discharges its benzene-containing waste stream to the POTW for treatment to comply with 40 CFR part 61, Subpart FF—National Emission Standard for Benzene Waste Operations.
  • This definition does not include POTW treating waste streams not specifically regulated under another NESHAP.
  • With the October 2017 Final Rule, the EPA renamed an ‘‘industrial POTW treatment plant’’ as a ‘‘Group 1’’ POTW treatment plant and a ‘‘non-industrial POTW treatment plant’’ as a ‘‘Group 2’’ POTW treatment plant.

Definition of "POTW" / "Group 2 POTW":
  • Any publicly owned treatment works which is owned by a State, municipality, or intermunicipal or interstate agency and therefore eligible to receive grant assistance under the Subchapter II of the Clean Water Act.
  • Any federally owned treatment works as that term is described in section 3023 of the Solid Waste Disposal Act.
  • This definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment. The wastewater treated by these facilities is generated by industrial, commercial, and domestic sources.
  • With the October 2017 Final Rule, the EPA renamed an ‘‘industrial POTW treatment plant’’ as a ‘‘Group 1’’ POTW treatment plant and a ‘‘non-industrial POTW treatment plant’’ as a ‘‘Group 2’’ POTW treatment plant.

*Major Sources of HAPs emit or have the potential to emit:
  • ≥ 10 tons/year of any single HAP; or
  • ≥ 25 tons/year of total HAPs.
  • Area Sources emit less than Major Sources.
Rules apply to small, area sources? Yes
Known Sources in NDEQ Jurisdiction: No
Date of Original Final Rule: 10/26/99
Amendments Dates: 10/16/2017 - Final Amendments; Risk and Technology Review
12/08/2016 - Proposed Amendment; Risk and Technology Review
06/23/2003 - Amendments
10/21/2002 - Amendments
03/23/2001 - Corrections
State Regulations (Title 129): Title 129, Chapter 13, Section 002.54

Previously: Chapter 28, Section 001.50.

Sources are also responsible for ensuring they are in compliance with current federal requirements found for this subpart in the CFR
Federal Regulations: 40 CFR 63.1580
Related Rules:
Regulations and Federal Registers:
eCFR Subpart VVV [ecfr.gov]

(See attached file: 3V - Fed. Reg. 2017-10-26 - Final Rule.pdf)

(See attached file: 3V - Fed. Reg. 2016-12-27 - Proposed Rule.pdf)

(See attached file: 3V - Fed. Reg. 2003-06-23 - Amendments.pdf)

(See attached file: 3V - Fed. Reg. 2002-10-21 - Final Rule; amendments.pdf)

(See attached file: 3V - Fed. Reg. 2001-03-23 - Final Rule; corrections.pdf)

(See attached file: 3V - Fed. Reg. 1999-10-26 - Final Rule.pdf)

SizeFile Name
362 KB 3V - Fed. Reg. 2017-10-26 - Final Rule.pdf
500 KB 3V - Fed. Reg. 2016-12-27 - Proposed Rule.pdf
281 KB 3V - Fed. Reg. 2003-06-23 - Amendments.pdf
170 KB 3V - Fed. Reg. 2002-10-21 - Final Rule; amendments.pdf
172 KB 3V - Fed. Reg. 2001-03-23 - Final Rule; corrections.pdf
268 KB 3V - Fed. Reg. 1999-10-26 - Final Rule.pdf
Forms:
Important Dates:
FAQs, Fact Sheets, and Rule Summaries: EPA's Subpart VVV Website - [epa.gov] - contains federal register notices
Presentations, Training and Articles:
Other Information and Resources:
Notes:
Page Last Updated: 12/16/22