Section 27.110(b) of 6 CFR exempts from CFATS “Treatment Works,” as defined in section 212 of the Federal Water Pollution Control Act, Pub. L. 92-500, as amended. If an industrial facility treats its wastewater and that water is directly discharged into a body of water without further treatment, then the facility must be registered with the Federal or State Environmental Protection Agency (EPA) as a wastewater treatment facility. Facilities that discharge their wastewater directly to a body of water must have a National Pollutant Discharge Elimination System (NPDES) permit issued by the Federal or State regulating authority. The wastewater portion of a CFATS-covered facility holding an NPDES permit (and any associated chemicals of interest listed in Appendix A to CFATS) may be considered to be exempt under 6 CFR 27.110(b). The following link will help you determine if your facility meets the requirements for an NPDES permit and shows you how to apply: http://cfpub.epa.gov/npdes/regs.cfm?program_id=45. A copy of the facility’s most recent active NPDES permit should be submitted to DHS as proof that the wastewater treatment portion of the facility should be exempt from CFATS. CLICK HERE for more from DHS – published 8/2/13
