R 323.2311 National pretreatment standards; categorical standards.

Rule 11. (1) National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to a publicly owned treatment works by existing or new nondomestic users in specific industrial subcategories will be established by E.P.A. as separate regulations under the appropriate subpart of 40 C.F.R. chapter I, subchapter N (1990). The standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in these rules. (2) All of the following provisions apply to category determination request: (a) Within 60 days after the effective date of a pretreatment standard for a subcategory under which a nondomestic user may be included, the nondomestic user or publicly owned treatment works may request that the approval authority, as appropriate, provide written certification on whether the nondomestic user falls within that particular subcategory. If an existing nondomestic user adds or changes a process or operation that may be included in a subcategory, the existing nondomestic user shall request the certification before commencing to discharge from the added or changed processes or operation. A new source shall request the certification before commencing to discharge. Where a certification is submitted by a publicly owned treatment works, the publicly owned treatment works shall notify any affected nondomestic user of the submission. The nondomestic user may provide written comments on the publicly owned treatment works submission to the approval authority within 30 days of notification. (b) Each request shall contain both of the following: (i) A statement describing which subcategories might be applicable. (ii) A statement citing evidence and reasons why a particular subcategory is applicable and why others are not applicable. Any person signing the application statement submitted pursuant to this subdivision shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. (c) The approval authority will only act on written requests for determinations that contain all of the information required. Persons who have made incomplete submissions will be notified by the approval authority that their requests are deficient and, unless the time period is extended, will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within an extended period allowed by the approval authority, the request for a determination shall be denied. (d) When the approval authority receives a submittal, the authority will, after determining that it contains all of the information required by subdivision (b) of this subrule, consider the submission, any additional evidence that may have been requested, and any other available information relevant to the request. The E.P.A. has the opportunity to review any information and make a final determination in accordance with 40 C.F.R. §403.6(a)(4) (1992). The approval authority will then make a written determination of the applicable subcategory and state the reasons for the determination. The approval authority shall send a copy of the determination to the affected nondomestic user and the publicly owned treatment works. (e) Within 30 days following the date of receipt of notice of the final determination as provided for by subdivision (d) of this subrule, the requester may submit a petition to reconsider or contest the decision to the E.P.A. regional administrator, who shall act on the petition expeditiously and state the reasons for his or her determination in writing. (3) Compliance by existing sources with categorical pretreatment standards shall be attained within 3 years of the date the standard is effective, unless a shorter compliance time is specified in the appropriate subpart of 40 C.F.R. chapter I, subchapter N (1990). Direct dischargers that have had national pollutant discharge elimination system permits modified or reissued to provide a variance pursuant to section 301(i)(2) of the clean water act shall be required to meet compliance dates set in any applicable categorical pretreatment standard. Existing sources that become nondomestic users subsequent to the promulgation of an applicable categorical pretreatment standard shall be considered existing nondomestic users, except where the sources meet the definition of a new source as defined in R 323.2302(r). (4) New sources shall install, have in operating condition, and start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, but not more than 90 days, new sources shall meet all applicable pretreatment standards. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of R 323.2302(r)(ii) or (iii), but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined in R 323.2302(r) has commenced if the owner or operator has done either of the following: (a) Begun, or caused to begin, as part of a continuous onsite construction program, either of the following: (i) Any placement, assembly, or installation of facilities or equipment. (ii) Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment. (b) Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in the operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subdivision. (5) All of the following provisions apply to concentration and mass limits: (a) Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Where possible, where concentration limits are specified in standards, equivalent mass limits will be provided so that local, state, or federal authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the standard or as otherwise specified by the standard. (b) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual nondomestic users. (c) A control authority calculating equivalent mass-per-day limitations under subdivision (b) of this subrule shall calculate the limitations by multiplying the limits in the standard by the nondomestic user's average rate of production. The average rate of production shall be based not upon the designed production capacity, but rather upon a reasonable measure of the nondomestic user's actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production. (d) A control authority calculating equivalent concentration limitations under subdivision (b) of this subrule shall calculate the limitations by dividing the mass limitations derived under subdivision (c) of this subrule by the average daily flow rate of the nondomestic user's regulated process wastewater. The average daily flow rate shall be based upon a reasonable measure of the nondomestic user's actual long-term average flow rate, such as the average daily flow rate during the representative year. (e) Equivalent limitations calculated in accordance with subdivisions (c) and (d) of this subrule shall be deemed pretreatment standards for the purposes of these rules. Nondomestic users will be required to comply with the equivalent limitations instead of the promulgated categorical standards from which the equivalent limitations were derived. (f) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average, limitations. Where the standards being applied specify the different limits set forth in this subdivision, the same production of flow figure shall be used in calculating both types of equivalent limitations. (g) A nondomestic user operating under a permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the control authority within 2 business days after the nondomestic user has a reasonable basis to know that the production level will significantly change within the next calendar month. A nondomestic user that does not notify the control authority of the anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate. (6) Except where expressly authorized to do so by an applicable pretreatment standard or requirement, a nondomestic user shall not increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The control authority may impose mass limitations on nondomestic users that are using dilution to meet applicable pretreatment standards or requirements and in other cases where the imposition of mass limitations is appropriate. (7) Where process effluent is mixed before treatment with wastewaters other than those generated by the nondomestic user regulated process, fixed alternative discharge limits may be derived by the control authority or by the nondomestic user with the written concurrence of the control authority. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the control authority or nondomestic user shall calculate both an alternative daily maximum value using the daily maximum value or values specified in the appropriate categorical pretreatment standard or standards and an alternative consecutive sampling day average value using the monthly average value or values specified in the appropriate categorical pretreatment standard or standards. The nondomestic user shall comply with the alternative daily maximum and monthly average limits fixed by the control authority until the control authority modifies the limits or approves a nondomestic user modification request. Modification is authorized if there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. A nondomestic user shall immediately report the material or significant change to the control authority. Where appropriate, new alternative categorical limits shall be calculated within 30 days. For new sources, flows shall be estimated using projected values. The alternative limit for a specified pollutant will be derived by the use of either of the following formulas: (a) Alternative concentration limit. CT = where CT = the alternative concentration limit for the combined wastestream. Ci = the categorical pretreatment standard concentration limit for a pollutant in the regulated stream i. Fi = the average daily flow of stream i to the extent that it is regulated for the pollutant. FD = the average daily flow from boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where the streams contain a significant amount of a pollutant and the combination of the streams, before treatment, with anondomestic user's regulated process wastestream will result in a substantial reduction of the pollutant, the control authority, upon application of the nondomestic user, may exercise its discretion to determine whether the streams should be classified as diluted or unregulated. In its application to the control authority, the nondomestic user shall provide engineering, production, sampling, analysis, and other necessary information so that the control authority can make its determination or equals the average daily flow from sanitary wastestreams where the streams are not regulated by a categorical pretreatment standard for 1 or more of the following reasons (see R 323.2312): (i) The pollutants of concern are not detectable in the effluent from the nondomestic user. (ii) The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects. (iii) The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the E.P.A. (iv) The wastestream contains only pollutants that are compatible with the publicly owned treatment works. FT = The average daily flow through the combined treatment facility, includes Fi, FD, and unregulated streams. N = The total number of regulated streams. (b) Alternative mass limit.   N i i 1 F   N i i i 1 F C FD FT FT   N i i 1 M FT FD MT = where MT = the alternative mass limit for a pollutant in the combined wastestream. Mi = the categorical pretreatment standard mass limit for a pollutant in the regulated stream i (the categorical pretreatment mass limit multiplied by the appropriate measure of production). Fi = the average flow of stream i to the extent that it is regulated for the pollutant. FD = the average daily flow from boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where the streams contain a significant amount of a pollutant and the combination of the streams, before treatment, with a nondomestic user's regulated process wastestream will result in a substantial reduction of the pollutant, the control authority, upon application of the nondomestic user, may exercise its discretion to determine whether the streams should be classified as diluted or unregulated. In its application to the control authority, the nondomestic user shall provide engineering, production, sampling, analysis, and other necessary information so that the control authority can make its determination or equals the average daily flow from sanitary wastestreams where the streams are not regulated by a categorical pretreatment standard or equals the average daily flow from any process wastestreams that were or could have been entirely exempted from categorical pretreatment standards for 1 or more of the following reasons (see R 323.2312): (i) The pollutants of concern are not detectable in the effluent from the nondomestic user. (ii) The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects. (iii) The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the E.P.A. (iv) The wastestream contains only pollutants that are compatible with the publicly owned treatment works. FT = The average flow through the combined treatment facility, includes Fi, FD, and unregulated streams. N = The total number of regulated streams. An alternative pretreatment limit may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants. Self-monitoring required to ensure compliance with the alternative categorical limit shall be conducted in accordance with the requirements of R 323.2310(6). Where a treated regulated process wastestream is combined before treatment with wastewaters other than those generated by the regulated process, the nondomestic user may monitor either the segregated process wastestream or the combined wastestream for the purpose of determining compliance with applicable pretreatment standards. If the nondomestic user chooses to monitor the segregated process wastestream, it shall apply the applicable categorical pretreatment standard. If the nondomestic user chooses to monitor the combined wastestream, it shall apply an alternative discharge limit calculated using the combined wastestream formula as provided in this rule. The nondomestic user may change monitoring points only after receiving approval from the control authority. The control authority shall ensure that any change in a nondomestic user's monitoring point or points   N i i 1 F will not allow the user to substitute dilution for adequate treatment to achieve compliance with applicable standards.