Response: IDEM is aware that misunderstanding about the rulemaking process has grown since news became known among treatment operators that the existing rule at 327 IAC 5-22 is under consideration for amendment. Many organizations believed that IDEM had already proposed specific rule language that covered a variety of issues and many concerns were raised. IDEM wishes to emphasize that at the point in time of the first notice there was no proposed rule language. The first notice printed in the Indiana Register on July 1, 2006, contained a list of alternative topics to be considered within the rulemaking. Those topics became the foundation for workgroup discussion and led to various drafts of possible rule language. The second notice contains draft rule language decided upon through the workgroup process and in consideration of the comments received during the first notice comment period.

Response: The intention of this rulemaking is to both facilitate the entry of individuals into the occupation of wastewater treatment through an apprenticeship opportunity and promote excellence among wastewater treatment operators for the ultimate goal of protecting Indiana waters receiving treated wastewater discharged from wastewater treatment plants.

Response: This rulemaking originated from concerns from citizens around the state of Indiana who expressed concerns that small package plants around the state were often out of compliance with permit requirements, due to several factors including a lack of resources devoted to operation and maintenance of facilities, a lack of oversight by IDEM, as well as a lack of trained personnel on-site to ensure that a facility is operating correctly. The second notice language, which is now being distributed, does not include a specific time requirement at these facilities.

Comment: Little or no additional environmental benefit can be achieved through this rulemaking due to the effectiveness of the stringent oversight of operators and because industrial companies are already meeting Best Available Technology. Contrary to IDEM's assertions, existing systems cannot merely be tweaked with additional operator oversight in order to achieve more environmental benefits when limitations on metals and other pollutants are already at low levels or detection levels. The proposed changes were derived, at best, from a lack of analysis of industry's processes and characteristics. Specifically, the absence of credible data used by IDEM is highly unrepresentative of the regulated community and cannot otherwise be supported technically, scientifically, or economically. (MM)

Comment: IDEM's claims are unfounded that changes to the wastewater treatment operators rule will further protect the environment. IDEM failed to perform even a simple model or judge its own data as to whether its predicted impacts were realistic. (MM)

Comment: The proposed rule changes will have a dramatic economic impact on the industrial community especially with regard to the proposal that Class C, Class III, Class D, and Class IV operators must be "on-site during wastewater treatment plant operation unless the plant is equipped with an automated system approved by the commissioner." The operators affected by this proposal have the most experience and should have a higher level of expertise. These classes of operators are the most highly paid with salaries ranging from $50,000 to $150,000 annually for full time employment. Under this proposal, many facilities would be required to hire numerous full time operators, regardless of the compliance history of the facility. (DCE, IIOA, JG, SEH, SW, JDL, DWR, ET, MM)

Comment: There should be no rule requirement to establish a limit on the number of treatment plants where a certified operator can be in responsible charge. There are certified operators with the capabilities and resources to be in charge of multiple treatment plants. Many factors, most too difficult to define in a rule, need to be assessed to appropriately determine if an operator is capable to be in charge of multiple treatment plants. These factors include: (1) operators with employees and staff that can assist in monitoring and controlling the treatment plants; (2) consultants and professional operations companies with multiple certified operators but only one designated for multiple treatment plants; (3) well designed and under loaded wastewater treatment plants that do not require much operational time; and (4) treatment plants that do not have discharges but the owner desires to keep the NPDES permit active. An operator in responsible charge of treatment plants that have repeated violations should be reviewed, and, only by enforcement action, should a limit be placed on the operator as to the number of treatment plants that can be under his or her responsibility. (AWG, TG)

Comment: In Indiana, there are many small ground water remediation systems that operate with a general permit under 327 IAC 15-10. The ground water systems are designed, installed, and operated by consulting firms for the client-owner. The consulting firms often contract the services of a certified operator. The systems are generally small and discharge only a few thousand gallons of treated water per month. They are simple physical treatment systems incorporating some or all of the following treatment methods: (1) filtration; (2) oil/water separation; (3) air stripping; and (4) activated carbon absorption. Operation of the systems consists primarily of replacing filter media on a regular basis (usually weekly), occasional cleaning of the air stripper, and occasional replacement of the activated carbon. This day-to-day operation is performed by the consultant's technicians. Periodically, the certified operator inspects the systems with the technician to assure the system is being properly operated and maintained, the technician is collecting discharge samples correctly, and the proper documentation is being retained on site. The systems are constructed with automatic shut offs to shut down the system when it is not operating properly. The systems are very reliable and as a result discharge exceedances rarely occur. If they do, the certified operator consults with the technician to determine the cause and corrective action to be taken. The most common cause for an exceedance is breakthrough on an activated carbon tank. Since most systems have two tanks in series and sampling of the flow between the two tanks is conducted, breakthrough on the first tank can be detected and the tank replaced before breakthrough can occur on the second tank. A ten year experience with these very reliable and simple systems shows that, for a system having no exceedances, a once per year site inspection by the certified operator is sufficient. If a system is having exceedances, more frequent visits by the certified operator may be warranted, but to require more frequent visits in all instances would significantly increase the cost of operating the systems and provide no environmental benefit. These systems are widely scattered around the state and significant travel time and expense are incurred with each visit. The operation of most of these systems is being paid for under the Excess Liability Trust Fund program. The rule requirements should take into account the size of the system, the nature of the system, and the reliability of the system when determining the required amount of operator time on site. Perhaps the time on site requirement could be based on the frequency of exceedances and the potential environmental harm from an exceedance. (JWB)

Comment: The existing rule does not specify the number of treatment plants that a licensed operator may supervise. The term "adequate supervision" needs additional clarification and should include a provision for plants that are having compliance problems. For example, an operator may not be in responsible charge of more than two or three treatment facilities that have been in significant noncompliance for more than one consecutive six month period. The treatment plant's performance should be the indicator of adequate supervision and not the actual time spent on site, the number of plants supervised, or the geographic distance between the plants. (THM, JT)

Response: The second notice draft rule language in Section 10.5 clarifies the meaning of "adequate supervision" and ensures that a facility's performance is included in considering whether there is adequate supervision.

Comment: Before IDEM further regulates wastewater treatment plants and restricts operators, it would make sense that IDEM would try to understand and get a count on the number of treatment plants and their classes and the number of operators and their classes throughout the state. Rule changes that would restrict operators from having multiple plant responsibility could leave industries without the necessary correct class operators to run the plants. It is often difficult to find enough operators for all the positions that are posted in the industrial sector. Many positions are never filled. The operators in the higher classes (Class C, D, and IV) are nearing retirement age. Indiana may have a looming crisis relating to a dearth of operators. If something is not done to remedy the barrier to entry, Indiana may well be in an untenable position with laws regulating operators and not enough operators to fill those jobs. (JDL, DWR, ET)

Comment: Owners, rather than operators, have control of financial expenditures. Therefore, it is of concern that IDEM has discussed placing complete responsibility on a certified operator. If such a rule change were to be made, many certified operators may find there is too much personal liability to continue working in this important field. (IIOA, MM)

Comment: Additional classifications of operators as were discussed in the workgroup process are not needed. Discussion was held about adding a physical-chemical treatment only classification for industrial operators. As well, after changing the certification procedures so that an operator candidate can take the certification examination before fulfilling the one year of experience requirement, the operator in training classification should be eliminated. (AWG)

Comment: There is a lack of certified operators in the state of Indiana. Every year, exam applications are rejected because the candidate cannot meet the one year of hands-on experience requirement. College educated people or others with marketable skills will not take an entry level job working in wastewater. Typically, these jobs pay about $15 per hour and require physical labor which may involve getting dirty. Many of the people that do take these jobs do not have the education, ambition, time, or money to prepare to take the examination. This problem could be reduced by allowing people that are managing wastewater treatment systems and have a Bachelor's Degree, to sit for a Class A exam. Then they could work their way up the certification levels by spending more time in the profession. (THM, JT, TG, MM)

Comment: The existing rule at 327 IAC 5-22 requires IDEM to provide a certification examination at least once per year. Traditionally, the exam has been offered twice per year and the rule could be changed to reflect this. However, IDEM should allow the exam to be taken at any time using electronic means and computerized examinations. This possibility would allow an operator exam candidate to take the exam immediately after completing his or her educational preparation or review courses when the material is most fresh in the individual's mind rather than waiting up to as long as six months for the next exam offering. A computerized exam given at the IDEM office site would allow IDEM to proctor the exam and maintain exam security. (AWG)

Comment: The descriptions of the classifications of wastewater treatment plants in 327 IAC 5-22-4 and 327 IAC 5-22-5 comprise a very important part of the existing rule. These classifications should be revised in consideration of technology and the experiences of other states with their rule classifications of treatment plants. In existing 327 IAC 5-22, the various treatment plant classifications are based on flow, population equivalent, and the technology used. However, the current classifications do not reflect overload conditions or combined sewers, poor design, equipment, or construction. Industrial plant classifications, especially, do not reflect new technologies utilized. On the other hand, the existing rule does include reference to technologies that are seldom used in today's plants. An example is wet air oxidation, the operating and maintenance costs of which account for there only being one or two remaining Indiana plants with this process. Likewise, cyanide destruction is all but phased out of most industrial plants. Acid or alkali neutralization, a pH adjustment process, can require very minimal operator attention if it is accompanied with computerized process control instrumentation. (AWG)

(A) apprentice; or

(B) certified operator.

(A) person seeking:

whether or not the person is currently employed as an operator at a wastewater treatment plant; or

(B) training course provider seeking course approval.

(A) classification as a wastewater treatment apprentice;

(B) certification as a wastewater treatment operator; or

(C) training course approval.

(A) Affirmation that the named person has fulfilled the requirements including receiving a passing examination grade, necessary for the operation of the wastewater treatment plant or collection system for which application was made. certification as contained in this rule.

(B) The treatment plant classification that may be operated under of the issued certificate. wastewater treatment certified operator.

(C) The date of issuance.

(D) An identification number unique to each certificate. document.

(A) The name and certificate number of the person.

(B) The classification of the wastewater treatment plant that the named person may operate. certified operator.

(C) An expiration date.

(A) has met the requirements of this rule; and

(B) holds a valid current certificate and certification card for wastewater treatment.

(A) approved by the commissioner; and

(B) involving a qualified instructor or lecturer.

(A) Technical matters related directly to wastewater treatment.

(B) General matters related to the responsibilities of a wastewater treatment certified operator.

(A) equal to or greater than two thousand (2,000); and

(B) less than ten thousand (10,000).

(A) equal to or greater than ten thousand (10,000); and

(B) less than or equal to forty thousand (40,000).

(A) Primary solids removal facilities, such as settling tanks, settling ponds, sand filters, or screens, used only for removal of settleable inorganic solids.

(B) Tanks, ponds, centrifuges, or other facilities used to separate floatable oils and solids.

(C) Simple pH neutralization may be included. adjustment.

(A) Secondary treatment facilities that treat wastewater loads of less than two thousand (2,000) design population equivalent, such as:

(B) Spray, broad, or ridge and furrow irrigation facilities that treat a wastewater flow of less than two hundred thousand (200,000) gallons per day.

(A) Secondary treatment facilities that treat wastewater loads equal to or greater than two thousand (2,000) design population equivalent and less than ten thousand (10,000) design population equivalent, such as:

(B) Spray, broad, or ridge and furrow irrigation facilities that treat a wastewater flow equal to or greater than two hundred thousand (200,000) gallons per day and less than one million (1,000,000) gallons per day.

(C) Chemical treatment facilities that process or treat wastewater flow of less than fifty thousand (50,000) gallons per day using one (1) of the following methods:

(A) Secondary treatment facilities that treat wastewater loads equal to or greater than ten thousand (10,000) design population equivalent and less than forty thousand (40,000) design population equivalent, such as:

(B) Spray, broad, or ridge and furrow irrigation facilities that treat a wastewater flow equal to or greater than one million (1,000,000) gallons per day and less than four million (4,000,000) gallons per day.

(C) Chemical treatment facilities that process or treat wastewater flow equal to or greater than fifty thousand (50,000) gallons per day and less than two hundred thousand (200,000) gallons per day using one (1) of the following methods:

(A) Secondary treatment facilities that treat wastewater loads equal to or greater than forty thousand (40,000) design population equivalent, such as:

(B) Chemical treatment facilities that process or treat a wastewater flow equal to or greater than two hundred thousand (200,000) gallons per day using one (1) of the following methods:

(C) Deep well disposal systems, thermal evaporators, or incinerators used in conjunction with liquid waste disposal.

(D) Two (2) or more industrial wastewater treatment plants at one (1) industrial site if each independent industrial wastewater treatment plant is classified as a Class B or C wastewater treatment plant.

(E) An industry utilizing a highly complex wastewater treatment method.

(A) The classification of certified operator that is necessary to supervise the reclassified wastewater treatment plant.

(B) A date by which time a certified operator required according to clause (A) must be in responsible charge of the reclassified wastewater treatment plant.

(A) demonstrates the examination applicant's technical knowledge;

(B) can be verified based on information from available sources, primarily the applicant's wastewater treatment plant employer; and

(C) is the result of satisfactory accomplishment of wastewater treatment plant work. measured from the date of employment of the applicant to the end of the thirty (30) day grading period following the examination.

(A) A high school diploma or equivalent education.

(B) Six (6) months of acceptable experience in a wastewater treatment plant.

(A) A high school diploma or equivalent education.

(B) One (1) year of acceptable experience at a wastewater treatment plant.

(A) A high school diploma or equivalent education.

(B) Three (3) years of acceptable experience at a wastewater treatment plant.

(A) A high school diploma or equivalent education.

(B) Three (3) years of acceptable experience at a wastewater treatment plant of one (1) or more of the following classes:

(C) Two (2) years of the three (3) years experience required by clause (B) must be in a position of responsible charge operator at a wastewater treatment plant of one (1) or more of the following classes:

In Class III, Class C, and plants, the individual supervising and responsible for a major section of the plant or an operating shift may be credited with experience as responsible charge operator for the purpose of applying to take the certification examination.

(A) One (1) or more of the following educational degrees:

(B) Five (5) years of acceptable experience at a wastewater treatment plant of one (1) or more of the following classes:

(C) Two (2) years of the five (5) years experience required by clause (B) must be in a position of responsible charge operator at a wastewater treatment plant of one (1) or more of the following classes:

In Class IV and Class D plants, the individual supervising and responsible for a major section of the plant or an operating shift may be credited with experience as responsible charge operator for the purpose of applying to take the certification examination.

(A) contains true and accurate information to the best of the wastewater treatment apprentice's knowledge; and

(B) is free of omissions and misrepresentations, either of which may result in rejection of the application or revocation of any certificate previously granted.

(A) makes complete and timely application;

(B) meets the necessary requirements of education, experience, and continuing education; and

(C) has successfully completed a wastewater treatment class appropriate examination.

(A) A high school diploma or equivalent education.

(B) Three (3) months of acceptable experience in a wastewater treatment plant or completion of an approved training course.

(A) Completion of high school or equivalent education.

(B) One (1) year of acceptable experience in a wastewater treatment plant.

(A) Class I-SP; are classes for nonindustrial

(B) Class I;

(C) Class A-SO; and

(C) Class A;

(A) Class for industrial A-SO; and

(B) Class A;

(A) A high school diploma or equivalent education.

(B) One (1) year of acceptable experience at a wastewater treatment plant.

(A) Class for nonindustrial A-SO;

(B) Class A;

(C) Class I-SP;

(D) Class I; and

(E) Class II;

(A) Class for industrial A-SO;

(B) Class A; and

(C) Class B;

(A) A high school diploma or equivalent education.

(B) Three (3) years of acceptable experience at a wastewater treatment plant.

(A) Class for nonindustrial A-SO;

(B) Class A;

(C) Class I-SP;

(D) Class I;

(E) Class II; and

(F) Class III;

(A) Class for industrial A-SO;

(B) Class A;

(C) Class B; and

(D) Class C;

(A) A high school diploma or equivalent education.

(B) Three (3) years of acceptable experience at a wastewater treatment plant of one (1) of the following types:

(C) Two (2) years of the three (3) years experience required by clause (B) must be in a position of responsible charge at a wastewater treatment plant of one (1) of the following types:

(A) Class for nonindustrial A-SO;

(B) Class A;

(C) Class I-SP;

(D) Class I;

(E) Class II;

(F) Class III; and

(G) Class IV;

(A) Class for industrial A-SO;

(B) Class A;

(C) Class B;

(D) Class C; and

(E) Class D;

(A) A college degree with a major in a science curriculum or an associate's degree in a curriculum related to wastewater treatment.

(B) At least five (5) years of acceptable experience at a wastewater treatment plant of one (1) of the following types:

(C) Two (2) years of the five (5) years experience required by clause (B) must be in a position of responsible charge at a wastewater treatment plant of one (1) of the following types:

(A) operation;

(B) maintenance;

(C) management; and

(D) supervision;

(A) holds a current certification of a classification eligible for operation at the classification of wastewater treatment plant;

(B) makes process control or system integrity decisions about the overall daily operation, maintenance, management, and supervision of each wastewater treatment plant necessary to meet the performance requirements and limits of:

(C) is responsible that written and electronic monitoring reports are prepared under his or her direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The responsible charge operator certifies that based on his or her inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, that the information submitted is, to the best of his or her knowledge and belief, true, accurate, and complete.

(A) The person serving as the certified operator in responsible charge of the wastewater treatment plant.

(B) Conditions or circumstances that were used as the basis for the original classification of the wastewater treatment plant.

(A) the certified operator is knowledgeable of the actual operations; and

(B) test reports and results are representative of the actual operational and compliance conditions.

(A) operation;

(B) maintenance;

(C) management; and

(D) supervision;

(A) assigned permit;

(B) local ordinances; and

(C) other applicable regulatory requirements.

(A) name;

(B) location; and

(C) classification;

(A) knowledge;

(B) ability; and

(C) judgment;

(A) with at least sixty (60) days advanced announcement; and

(B) except in such cases as may be declared necessary exceptions by the commissioner.

(A) contains true and accurate information to the best of the applicant's knowledge; and

(B) is free of omissions and misrepresentations, either of which may result in rejection of the application or revocation of any certificate previously granted.

(A) the postponement for a nonemergency reason is requested no not later than fourteen (14) days prior to before the examination date noticed to the applicant under subsection (c)(2);

(B) the postponement request for an emergency reason is submitted as soon as conditions of the emergency warrant;

(C) the applicant provides the commissioner an explicit description of extenuating circumstances necessitating the requested postponement; and

(D) the applicant understands that only one (1) postponement shall be allowed; or

(A) The person:

(B) The person is caught cheating on an examination, an occurrence that will make an applicant ineligible to take any operator certification examination for a period of two (2) years following the examination date of the incidence of cheating.

(A) in writing; and

(B) no not later than two (2) months after the date of the examination.

(A) A written request for review of the graded examination.

(B) A statement affirming the applicant's understanding that examination review does not include the right to copy, by any means, the examination or any portion of it.

(A) Proof of current certification.

(B) The classification of the applicant.

(A) To fill a vacancy created by death.

(B) Resignation of the certified operator in responsible charge.

(C) Extended illness of the certified operator in responsible charge.

(D) Suspension or revocation of the certification of the operator in responsible charge.

(E) Similar cause as determined by the commissioner.

(A) name;

(B) education; and

(C) experience;

(A) The period between the date of application and the end of the thirty (30) day grading period sixty (60) days following the next examination that is available to the provisional certificate nominee.

(B) One (1) year.

(A) month and year that the applicant qualified; and the

(B) issuance date of the certificate;

(A) fraud;

(B) deceit; or

(C) the submission of inaccurate data on the examination application.

(A) Increased capacity.

(B) An increase in population served.

(C) A basic change in the method of wastewater treatment.

(D) Other change in conditions which that requires a more difficult operation.

(A) The expiration date of the certified operator's certification card.

(B) The amount of fee required for certification card renewal.

(A) at least thirty (30) days prior to before the expiration of the certification card; and

(B) to the last known address filed with the commissioner.

(A) the continuing education requirements of section 15 of this rule are met;

(B) a renewal fee is submitted on or before the first day of July of the biennial period for which a certification card is to be issued; and

(C) the notice is signed and returned by the certified operator to the commissioner.

(A) submits payment of: any

(C) (B) fulfills all arrearage of continuing education credit requirements; and

(D) (C) is current in meeting continuing education credit requirements.

(A) must be submitted on a form approved by the commissioner;

(B) should be submitted no for advance approval not less than sixty (60) days before the first date when the course is conducted, but must be submitted not later than ninety (90) days after training completion in order to be considered for approval;

(C) must be accompanied by a written course outline or brochure; and

(D) must contain:

(A) The course deals with one (1) or more of the following as determined by the commissioner:

(B) Each instructor and speaker is qualified by academic work or practical experience to teach the proposed wastewater treatment continuing education course.

(A) Laboratory bench sheets.

(B) State monthly monitoring reports.

(C) State monthly reports of operation.

(D) Federal discharge monitoring reports.

(E) Noncompliance notifications.

(F) Bypass/overflow reporting forms.

(G) Other wastewater treatment plant self-monitoring documentation.

(A) All requirements of the suspension have been met.

(B) The number of continuing education units that would have been required for the operator's classification during the period of the suspension of the operator's certificate have been met.