Current through Register Vol. 45, No. 52, December 27, 2023
(a) Categorical
pretreatment standards.
(1) No person shall
discharge or cause to be discharged to any wastewater facilities, wastewaters
containing substances subject to an applicable categorical pretreatment
standard promulgated by USEPA in excess of the quantity prescribed in such
applicable pretreatment standards, except as otherwise provided in this
section. Categorical pretreatment standards found in 40 CFR parts 405-471 are
hereby incorporated by reference, as enforceable conditions of this
Part.
(2) Pursuant to 40 CFR part
403.12 within 180 days after the effective date of a categorical pretreatment
standard or within 180 days after a final category determination submission
under 40 CFR part 403.6(a)(4), whichever is later, existing industrial users
subject to such categorical pretreatment standards and currently discharging or
scheduled to discharge to the water board POTW shall be required to submit to
the water board a baseline monitoring report (BMR). The BMR shall contain at a
minimum: identification of the facility, indicate the permits held, describe
operations, and contain flow and pollutant measurements, compliance
certification by a qualified professional, and the signature of an authorized
representative of the industrial user.
(3) Pursuant to 40 CFR part 403.12(b) at
least 90 days prior to commencement of a new source, and sources that become
industrial users subsequent to the promulgation of an applicable categorical
pretreatment standard, shall be required to submit a BMR which contains at a
minimum: identification of the facility, indication of the permits held,
description of operations and contain flow and pollutant
measurements.
(4) As required by 40
CFR part 403.12(d), a CIU must submit a report within 90 days after the final
compliance date, or for a new source, following the commencement of its
discharge, which contains: flow and pollutant measurements, a certification by
a qualified individual indicating whether pretreatment standards are being
consistently met, and if not whether additional operation and maintenance
and/or additional pretreatment is required.
(5) Upon application by an SIU, the director
may, subsequent to being granted such authority by the approval authority,
revise any limitations on substances specified in the applicable pretreatment
standards to reflect removal of the substances by the water board's POTW to the
extent that such revision is allowable under applicable Federal and State
regulations, and that such revision would not cause an unacceptable decline in
the quality of the water board's POTW sludge.
(6) Upon application by an SIU, the director
may, subsequent to being granted such authority by the approval authority,
revise any limitation on substances specified in the applicable pretreatment
standards to consider factors relating to that SIU which are fundamentally
different from the factors considered by USEPA during the development of the
pretreatment standard to the extent that such adjustment is allowable under
applicable Federal and State regulations. Requests for and determinations of a
fundamentally different adjustment shall be in accordance with all applicable
Federal and State regulations.
(7)
The director shall notify any SIU affected by the provisions of this section
and shall establish a reasonable and enforceable compliance schedule for each.
However, industrial users are required to comply with the provisions of this
section regardless of whether the water board has notified the industrial user
of such categorical pretreatment standards.
(b) Reporting and compliance with
pretreatment regulations.
(1) All SIUs,
including significant non-categorical users, and CIUs shall submit to the water
board, at least once every six months (February and August), a report
describing the nature, concentration, mass (lbs/ day), and flow of pollutants
discharged from the user's property or facilities. These periodic compliance
reports shall be based on sampling and analysis performed in the period covered
by the report, and performed in accordance with the analysis procedures as
noted in 40 CFR part 403.12(h).
(2)
All reports, including BMRs, compliance reports regarding categorical
standards, 90-day compliance reports, periodic compliance reports and any
compliance schedule progress reports shall contain a certification statement
which shall read:
"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."
and shall be signed by an authorized representative of
industrial user pursuant to 40 CFR part 403.12(l).
(3) Compliance schedules issued to require
industrial users to comply with pretreatment standards or categorical
pretreatment standards shall contain milestone dates for implementing necessary
pretreatment required to meet the applicable standard. No later than 14 days
following each date in the schedule and the final date of compliance, the
industrial user shall submit a progress report to the water board, including,
at a minimum, whether it complied with the increment of progress to be met on
such date and, if not, the date on which it expects to comply with this
increment of progress; the reason for the delay; and the steps being taken to
return to the schedule. In no event shall more than nine months elapse between
such progress reports to the water board.
(4) Pursuant to 40 CFR part 403.12(j), all
industrial users shall notify the water board, the State and USEPA, in writing,
of any discharge which would be considered hazardous waste, including the
listed or characteristic hazardous wastes, which if otherwise disposed of,
would be a hazardous waste under 40 CFR part 261.
(5) The director may impose mass limitations
on industrial users as, in his judgment, may be required to meet applicable
pretreatment standards or requirements. In such cases, the report required by
subdivision (a) of this section shall indicate the mass of pollutants regulated
by pretreatment standards in the effluent. These reports shall contain the
results of sampling and analysis of the discharge, including the flow and the
nature and concentration, or production and mass where requested by the
director, of pollutants contained therein which are limited by the applicable
pretreatment standards. All analyses shall be performed in accordance with
procedure established and contained in 40 CFR, part 403.12.
(6) When pretreatment regulations are adopted
by USEPA or NYSDEC for any industry, that industry shall conform to the USEPA
or NYSDEC time-table for adherence to Federal or State pretreatment
requirements and any other applicable requirements promulgated by USEPA or
NYSDEC in accordance with section 307 of the Clean Water Act. Additionally,
such industries shall comply with any more stringent standards necessitated by
local conditions as determined by the water board.
(7) If pretreatment or equalization of
wastewater flows is permitted or directed by the director, the design of such
pretreatment process or equipment for wastewater flow equalization shall be
subject to the review and approval of the director prior to installation. Such
pretreatment or wastewater flow equalization facilities, where permitted or
directed, shall be maintained continuously in satisfactory and effective
operations by the owner or user at his own expense.
(8) No user shall increase the use of process
water or, in any way, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations
contained in the pretreatment standards, or in any other pollutant specific
limitation developed by the water board or State.
(c) Effect of Federal law. In the event that
the Federal government promulgates a regulation for a given new or existing
user in a specific industrial subcategory that establishes categorical
pretreatment standards or establishes that such a user is exempt from
categorical pretreatment standards, such Federal regulations shall immediately
supersede this section.