Current through September 18, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
13-18-2; IC 13-18-3
Affected: IC 4-22-2; IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15;
IC 13-18-4
Sec. 4.
(a) General
provisions for the categorical pretreatment standards are as follows:
(1) Unless specifically noted otherwise,
categorical pretreatment standards are:
(A)
enforceable by the commissioner against an industrial user upon the
incorporation by reference of the standards in
327 IAC
5-2-1.5 in accordance with IC 4-22-2; and
(B) in addition to all applicable
pretreatment standards and requirements in the pretreatment rules.
(2) Irrespective of whether a
particular categorical pretreatment standard has been incorporated by reference
in
327 IAC
5-2-1.5, the commissioner may do the following:
(A) Make certifications regarding the
applicability of that standard under subsection (b).
(B) Deny or recommend to EPA the approval of
any request for a fundamentally different factors variance from that standard
in accordance with section 5 of this rule.
(C) Recommend to the EPA the approval or
disapproval of any application for calculation of that standard on a net basis
in accordance with section 6 of this rule.
(b) The requirements concerning a request for
a subcategory determination are as follows:
(1) Within sixty (60) days after the
effective date of a categorical pretreatment standard for a subcategory under
which an industrial user may be included, the existing industrial user or POTW
may request that the regional administrator or the commissioner provide written
certification on whether the industrial user falls within that particular
subcategory. If an existing industrial user adds or changes a process or
operation that may be included in a subcategory, the existing industrial user
must request this certification prior to commencing discharge from the added or
changed processes or operations. A new source must request this certification
prior to commencing discharge. If a request for certification is submitted by a
POTW, the POTW shall notify any affected industrial user of the submission. The
industrial user may provide written comments to the commissioner within thirty
(30) days of receipt of notification from the POTW about the POTW's request for
certification.
(2) A request for
certification must contain the following:
(A)
A description of the subcategories that may be applicable.
(B) A statement citing evidence and reasons
why a particular subcategory applies and why others are not applicable. Any
person signing the application statement submitted under this section shall
make the signed 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.".
(3) A determination will be made
on each request for certification in accordance with the procedures specified
in
40 CFR
403.6(a).
(c) Compliance with new
categorical standards shall be in accordance with the following:
(1) Except where an existing source meets the
definition of a new source as defined under
327 IAC
5-17-13, an existing source with categorical
pretreatment standards, including an existing source that:
(A) becomes an industrial user subsequent to
promulgation of an applicable categorical pretreatment standard; and
(B) is thereafter considered an existing
industrial user;
shall achieve compliance within three (3) years of the date
the new standard is promulgated by EPA, unless a shorter compliance time is
specified in the standard.
(2) A new source shall:
(A) install;
(B) have in operating condition;
and
(C) start up;
all pollution control equipment required to comply with all
pretreatment standards and requirements in this rule before beginning to
discharge. Within the shortest feasible time, not to exceed ninety (90) days, a
new source must meet all pretreatment standards and requirements in this
rule.
(d) Concentration and mass limits are
determined by the following:
(1) If the
pollutant discharge limit for a categorical pretreatment standard is expressed
as a concentration limit, the concentration limit shall apply only to the
effluent of the process regulated by the standard or as otherwise specified by
the standard. Wherever possible:
(A) an
equivalent mass limit will be provided as an alternative to the standard;
and
(B) it may be applied by the
commissioner or a POTW with an approved POTW pretreatment program.
(2) If a pollutant discharge limit
in a categorical pretreatment standard is expressed only as mass of pollutant
per unit of production, the control authority may convert the limit to an
equivalent limitation expressed either as mass of pollutant discharged per day
or effluent concentration for the purpose of calculating the effluent
limitation applicable to an individual industrial user.
(3) A control authority calculating an
equivalent mass-per-day limitation according to subdivision (2) shall not
calculate the limitation by multiplying the limit in the standard by the
industrial user's production capacity but rather upon a reasonable measure of
the industrial user's actual long-term daily production, such as the average
daily production during a representative year. For a new source, actual
production shall be estimated using projected production.
(4) A control authority calculating an
equivalent concentration limitation according to subdivision (2) shall
calculate the limitation by dividing the mass limitation derived according to
subdivision (3) by the average daily flow rate of the industrial user's
regulated process wastewater. This average daily flow rate must be based upon a
reasonable measure of the industrial user's actual long-term average flow rate,
such as the average daily flow rate during a representative year.
(e) When the limits in a
categorical pretreatment standard are expressed only in terms of pollutant
concentrations, an industrial user may request that the control authority
convert the limits to equivalent mass limits. The determination to convert
concentration limits to mass limits is within the discretion of the control
authority. The control authority may establish equivalent mass limits only if
the industrial user meets all of the following conditions:
(1) To be eligible for equivalent mass
limits, the industrial user shall:
(A)
employ, or demonstrate that it will employ, water conservation methods and
technologies that substantially reduce water use during the term of its control
mechanism;
(B) currently use
control and treatment technologies adequate to achieve compliance with the
applicable categorical pretreatment standard and not have used dilution as a
substitute for treatment;
(C)
provide sufficient information to establish the facility's actual average daily
flow rate for all waste streams, based on data from a continuous effluent flow
monitoring device, as well as the facility's long-term average production rate,
in which both the actual average daily flow rate and the long-term average
production rate must be representative of current operating
conditions;
(D) not have daily flow
rates, production levels, or pollutant levels that vary so significantly that
equivalent mass limits are not appropriate to control the discharge;
and
(E) have consistently complied
with all applicable categorical pretreatment standards during the period prior
to the industrial user's request for equivalent mass limits.
(2) An industrial user subject to
equivalent mass limits shall do the following:
(A) Maintain and effectively operate control
and treatment technologies adequate to achieve compliance with the equivalent
mass limits.
(B) Continue to do the
following:
(i) Record the facility's:
(AA) flow rates through the use of a
continuous effluent flow monitoring device; and
(BB) production rates and notify the control
authority whenever production rates are expected to vary by more than twenty
percent (20%) from its baseline production rates determined in subdivision
(1)(C); upon notification the control authority must reassess the equivalent
mass limit and revise the limit as necessary to reflect changed conditions at
the facility.
(ii)
Employ the same or comparable water conservation methods and technologies as
those implemented under subdivision(1)(A) so long as it discharges under an
equivalent mass limit.
(f) A control authority that chooses to
establish equivalent mass limits under subsection (e):
(1) shall calculate the equivalent mass limit
by multiplying the actual average daily flow rate of the regulated process or
processes of the industrial user by the concentration-based daily maximum and
monthly average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor;
(2) upon notification of a revised production
rate, shall reassess the equivalent mass limit and recalculate the limit as
necessary to reflect changed conditions at the facility;
(3) may retain the same equivalent mass limit
in subsequent control mechanism terms if the industrial user:
(A) meets the actual average daily flow rate
was reduced solely as a result of the implementation of water conservation
methods and technologies;
(B) meets
the actual average daily flow rates used in the original calculation of the
equivalent mass limit were not based on the use of dilution as a substitute for
treatment under this section; and
(C) is in compliance with
40 CFR
403.17, regarding the prohibition of bypass;
and
(4) may not express
limits in terms of mass for pollutants such as pH, temperature, radiation, or
other pollutants that cannot appropriately be expressed as mass.
(g) The control authority may
convert the mass limits of the categorical pretreatment standards at 40 CFR
Parts 414, 419, and 455 to concentration limits for purposes of calculating
limitations applicable to individual industrial users under the following
conditions:
(1) When converting mass to
concentration limits, the control authority must use the concentrations listed
in the applicable subparts of 40 CFR Parts 414, 419, and 455.
(2) There must be documentation that dilution
is not being substituted for treatment as prohibited by subsection (i).
(h) The application of
a limitation for a categorical pretreatment standard shall be in accordance
with the following:
(1) An equivalent
limitation calculated in accordance with subsections (d)(3), (d)(4), and (e) is
deemed pretreatment standards for the purposes of Section 307(d) of the Clean
Water Act (
33 U.S.C.
1317(d)) and the
pretreatment rules. The control authority shall:
(A) document how the equivalent limits were
derived; and
(B) make this
information publicly available.
Once incorporated into its control mechanism, the industrial
user shall comply with an equivalent limitation in lieu of a promulgated
categorical standard from which the equivalent limitation was derived.
(2) Many categorical
pretreatment standards specify:
(A) one (1)
limit for calculating a maximum daily discharge limitation; and
(B) a second limit for calculating a maximum
monthly average or four (4) day average limitation.
If such a standard is being applied, the same production or
flow figure shall be used in calculating both the average and the maximum
equivalent limitation.
(3) Any industrial user operating under a
control mechanism incorporating an equivalent mass or concentration limit
calculated from a production based standard shall notify the control authority
within two (2) business days after the industrial user has a reasonable basis
to know that the production level will significantly change within the next
calendar month. Any user not notifying the control authority of such
anticipated change will be required to meet the mass or concentration limit in
its control mechanism that was based on the original estimate of the long-term
average production rate.
(i) Except where expressly authorized to do
so by an applicable categorical pretreatment standard, no industrial user shall
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 any pretreatment standard or requirement. An unauthorized
attempt by an industrial user to dilute a regulated discharge shall be cause
for the control authority to impose the mass limits set forth in the
categorical standard.
