Pretreatment Program Delegation: When a Texas City Runs Its Own Industrial Pretreatment Program Versus Deferring to TCEQ

What does "delegated" actually mean in Texas?

It means the city's program has been approved, so the city does the regulating. The federal pretreatment rules call the regulator the Control Authority. Under 40 CFR §403.3(f), that is the POTW if its pretreatment program submission has been approved, and the Approval Authority if it has not.

In Texas the Approval Authority is TCEQ. The 2020 TCEQ and EPA memorandum of agreement makes TCEQ the Approval Authority for POTWs and the Control Authority for industrial users of POTWs without approved programs.

TCEQ applies the federal program through state rule. Since April 21, 2022, 30 TAC §305.542 adopts 40 CFR Part 403 by reference, with listed exceptions. Before then the adoption sat in 30 TAC Chapter 315, which was repealed. Older guidance still cites Chapter 315.

Which Texas cities run their own program?

Mostly larger plants and plants with real industrial load. Under 40 CFR §403.8(a), a POTW with a total design flow above 5 million gallons per day that receives pollutants from industrial users that pass through or interfere, or are otherwise subject to pretreatment standards, must establish a program. Smaller plants can be required to as well.

TCEQ's page for POTWs without approved programs says that when a plant must develop a program, TCEQ requires it through a TPDES permit or an enforcement action. A plant may be required to if its design flow is over 5 MGD, if industrial discharges pass through or interfere, or if it has a categorical industrial user.

So size is a clue, not an answer. A mid-size city with one categorical user may have a program. A larger suburb with mostly homes may not. Ask the city's utility or environmental services department directly.

What changes for my facility if the city runs the program?

You deal with the city on almost everything. An approved program brings:

• Local limits set for that plant's process and its own discharge permit, which can be stricter than the federal prohibitions and differ from the next city over
• An industrial user permit if you are classified as a significant industrial user, with your limits, sampling and reporting
• A sampling point, often a monitoring manhole on your private line before it joins the public sewer
• City inspections and sampling, and city enforcement under its enforcement response plan
• Surcharges for high strength waste under the city's rate ordinance, separate from limit compliance

The city answers to TCEQ for running the program. TCEQ's page for approved programs says it audits each one once every five years and inspects between audits. Program changes need TCEQ approval first.

What changes if TCEQ is the Control Authority?

Your regulator splits in two. TCEQ oversees significant industrial users of a plant with no approved program. A categorical industrial user in that situation reports to TCEQ's pretreatment program instead of the city.

The city still owns the sewer. It can refuse a connection, set its own sewer use rules and charge surcharges under its ordinance. A plant with no local program has fewer locally set limits, but the federal general and specific prohibitions in 40 CFR §403.5 still apply everywhere.

There is a second risk. If TCEQ finds that industrial discharges are causing interference or pass through, it may require the city to develop local limits or a full program. A facility that moves into a city without a program can end up the reason the city gets one.

Will my facility be classified as a significant industrial user?

It depends on your wastewater, not your business type. Categorical users, facilities discharging an average of 25,000 gallons per day or more of process wastewater, those contributing 5 percent or more of the plant's hydraulic or organic capacity, and users the Control Authority designates are all significant industrial users under 40 CFR §403.3(v). Our post on significant industrial user designation walks through the criteria.

Do not assume an exemption because you are a warehouse, a food business or a light assembly plant. Classification follows what goes down the drain.

Which parameters and waste streams get the most attention?

The ones your process makes. Food and beverage plants usually draw attention for BOD, TSS and fats, oils and grease. Metal finishing and manufacturing draw attention for metals and pH.

Hauled waste is a separate path. Under 40 CFR §403.5(b)(8), trucked or hauled pollutants may enter a POTW only at discharge points the POTW designates. If part of your plan is hauling a stream to the plant, confirm the city's acceptance rules along with your sewer connection.

What should you confirm before signing a lease?

Ask these questions in writing, early.

1. Does the receiving plant have a TCEQ-approved pretreatment program?
2. Who is the Control Authority for a facility like ours?
3. What are the current local limits, and are any under review?
4. Will we likely be classified as a significant industrial user?
5. Is a monitoring manhole or sampling point required, and where?
6. What surcharge applies to our expected strength?
7. Does the plant have capacity for our flow and loading?

Answers before lease signing cost little. A pretreatment system discovered after the build-out does not.

What are the limits of this guide?

This is general guidance on how the federal pretreatment program is delegated in Texas. Each city's ordinance, local limits and program status differ and change over time, and TCEQ's rules can change too. Confirm the program status and requirements with the city and TCEQ for your specific site.

Frequently asked questions

How do we find out if a Texas city has an approved pretreatment program?

Ask the city's utility or environmental services department whether its POTW has a TCEQ-approved pretreatment program. If the answer is unclear, ask TCEQ's pretreatment program.

Can a city's local limits be stricter than state or federal rules?

Yes. Local limits are set for one plant's treatment process and its own discharge permit, so they can be tighter than the federal prohibitions and can differ between neighboring cities.

If we meet every local limit, can we still pay a surcharge?

Yes. Surcharges are set by the city's rate ordinance on wastewater strength, so a discharge can comply with every limit and still pay for its extra treatment load.

I'm siting a food processing plant near a small Texas city with no pretreatment program. Does that mean nobody regulates our discharge?

No. If you are a significant industrial user, TCEQ acts as the Control Authority, and the city can still refuse or condition your connection. Federal prohibitions apply either way.

I'm a tenant improvement architect and the city wants a monitoring manhole. We are not sure the tenant will be a significant industrial user. Should we build it anyway?

Confirm with the city's program before finishing the design. Adding the manhole later means cutting into a finished site and line, which costs more than building it in.

Related resources

• Texas Wastewater Pretreatment Permits: What Industrial Facilities Discharging to a POTW Must Know
• FOG Pretreatment Programs for Texas Restaurants and Food Service Facilities
• Pretreatment Permit Appeals Process When a Texas POTW Denies a Discharge Request
• Combined Sewer vs. Separate Sanitary Systems in Older Texas Cities

Not sure who regulates your industrial sewer discharge?

We confirm the city's program status, characterize your wastewater, and lay out the limits, permits and equipment before you commit to a site.

We specialize in:

• Pretreatment program and discharge feasibility reviews
• Wastewater characterization
• Industrial user permit applications
• Pretreatment system and monitoring manhole design
• Water and wastewater due diligence before lease or purchase
• Industrial wastewater engineering for Texas facilities

Modern Engineering Solutions, McKinney, Texas. Contact: (214) 833-6748 or mod-eng.com