Current through Register Vol. 48, No. 38, September 20, 2024
a) Application Deadline
1) The industrial user or POTW may request
that the Agency provide written certification as to whether the industrial user
falls within that particular source category or subcategory. If an existing
industrial user adds or changes a process or operation that may be included in
a source category or subcategory, the existing industrial user must request
this certification before commencing discharge from the added or changed
processes or operation. With respect to new standards, the following apply:
A) The POTW or industrial user must direct to
USEPA any source category determination requests for pretreatment standards
adopted by USEPA prior to authorization of the Illinois program.
B) After authorization of the Illinois
program, the POTW or industrial user must direct to the Agency any source
category determination requests within 60 days after the Board adopts or
incorporates by reference a pretreatment standard for a source category or
subcategory under which an industrial user may be included.
2) A new source must request this
certification prior to commencing discharge.
3) If a request for certification is
submitted by a POTW, the POTW must notify any affected industrial user of such
applications. The industrial user may provide written comments on the POTW
submissions to the Agency within 30 days of notification.
b) Contents of Application. Each request must
contain a statement that includes the following information:
1) Describing which source category or
subcategories might be applicable; and
2) Citing evidence and reasons why a
particular source category or subcategory is applicable and why others are not
applicable. Any person signing the application statement submitted pursuant to
this Section must 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) Deficient Requests. The Agency
must act only on written requests for determinations that contain all of the
information required. The Agency must notify persons who have made incomplete
submissions that their requests are deficient and that, unless the time period
is extended, they have 30 days to correct the deficiency. If the deficiency is
not corrected within 30 days, or within an extended period allowed by the
Agency, the Agency must deny the request for a determination.
d) Final Determination
1) When the Agency receives a submission, the
Agency must, if it determines that the submission contains all of the
information required by subsection (b), consider the submission, any additional
evidence that may have been requested, and any other available information
relevant to the request. The Agency must then make a written determination of
the applicable source category or subcategory and state the reasons for the
determination.
2) The Agency must
forward the determination described in subsection (d)(1) to USEPA. If USEPA
does not modify the Agency's decision within 60 days after its receipt, the
Agency's decision is final.
3) If
USEPA modifies the Agency's decision, USEPA's decision will be final.
4) The Agency must send a copy of the
determination to the affected industrial user and the POTW. If the final
determination is made by USEPA, the Agency must send a copy of the
determination to the user.
e) Requests for Hearing or Legal Decision
1) Within 30 days following the date of
receipt of notice of the final determination as provided for by subsection
(d)(4), the requester may submit a petition to reconsider or contest the
decision to USEPA, which will act pursuant to
40 CFR
403.6(a)(5).
2) Within 35 days following the date of
receipt of notice of the final determination as provided for by subsection (c),
(d)(2), or (d)(4), the requester may appeal a final decision made by the Agency
to the Board.
BOARD NOTE: Derived from
40 CFR
403.6(a) (2005).
