Current through Register Vol. 41, No. 3, September 23, 2024
A.
Application. Categorical pretreatment standards may be adjusted to reflect the
presence of pollutants in the industrial user's intake water in accordance with
this section. Any industrial user wishing to obtain credit for intake
pollutants must make application to the control authority. Upon request of the
industrial user, the applicable standard will be calculated on a "net" basis
(i.e., adjusted to reflect credit for pollutants in the intake water) if the
requirements of subsection B of this section are met.
B. Criteria.
1. Either
a.
The applicable categorical pretreatment standards contained in 40 CFR
subchapter N specifically provide that they shall be applied on a net basis;
or
b. The industrial user
demonstrates that the control system it proposes or uses to meet applicable
categorical pretreatment standards would, if properly installed and operated,
meet the standards in the absence of pollutants in the intake waters.
2. Credit for generic pollutants
such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil
and grease should not be granted unless the industrial user demonstrates that
the constituents of the generic measure in the user's effluent are
substantially similar to the constituents of the generic measure in the intake
water or unless appropriate additional limits are placed on process water
pollutants either at the outfall or elsewhere.
3. Credit shall be granted only to the extent
necessary to meet the applicable categorical pretreatment standards or
standards, up to a maximum value equal to the influent value. Additional
monitoring may be necessary to determine eligibility for credits and compliance
with standards adjusted under this section.
4. Credit shall be granted only if the user
demonstrates that the intake water is drawn from the same body of water as that
into which the POTW discharges. The control authority may waive this
requirement if it finds that no environmental degradation will
result.
Statutory Authority
§ 62.1-44.15(10) of the Code of Virginia; § 402
of the Clean Water Act, 40 CFR Parts 122, 123, 124, 403 and 503.
