Ohio Admin. Code 3745-3-09 - General requirements governing application of pretreatment standards
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-3-01 of the Administrative Code.]
(A) The
provisions of this rule provide general requirements concerning the application
of pretreatment standards to industrial users.
(B) Industrial users subject to pretreatment
standards shall comply with the limits under rule
3745-3-04
of the Administrative Code - "Prohibited discharges," and with any more
stringent pretreatment standards applicable under an approved POTW pretreatment
program.
(C) Existing sources that
become industrial users subsequent to promulgation of an applicable categorical
pretreatment standard shall be considered existing industrial users except
where such sources meet the definition of a new source as defined in rule
3745-3-01 of the
Administrative Code.
(D) New
sources shall comply with the pretreatment standard for new sources (PSNS) that
is specified in the applicable subcategory of the categorical pretreatment
standard.
(E) Except where
expressly authorized to do so by an applicable categorical pretreatment
standard or requirement, no industrial user shall ever 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 director or a POTW administering an
approved POTW pretreatment program may impose mass limitations on industrial
users that are using, or attempt to use, dilution to meet applicable
pretreatment standards or requirements, or in such other cases where the
imposition of mass limitations is appropriate.
(F) Pollutant discharge limits in categorical
pretreatment standards are expressed either as concentration or mass limits or
both. When equivalent mass limits are provided, the control authority may use
either concentration or mass limits for enforcement purposes. Limits in
categorical pretreatment standards shall apply to the effluent of the process
regulated by the standard, or as otherwise specified by the standard.
(G) Unless otherwise provided in an
applicable categorical pretreatment standard, compliance with such standards
shall be measured in accordance with the methods of analyses and sampling
procedures specified under rule
3745-3-06
of the Administrative Code.
(H) In
all cases in which a determination is sought by an industrial user concerning
the applicability of a particular subcategory under the categorical
pretreatment standards, the final determination issued under
40 C.F.R.
403.6 shall control the application of the
appropriate subcategory. There shall be no right or procedure implied under
this chapter for industrial users or POTWs to seek such categorical
determinations from the director other than through the procedures and within
the requirements of
40 C.F.R.
403.6.
(I) Enforceable alternative limits.
(1) Categorical pretreatment standards shall
apply to an industrial user unless an enforceable alternative limit to the
standard is applicable to the industrial user under any of the following
regulations:
(a)
40 C.F.R. 403.7
(removal credits) to reflect the POTW's removal of pollutants discharged by the
industrial user of pollutants.
(b)
40 C.F.R.
403.6(e) (combined
wastestream formulas) to reflect a situation where process effluent is mixed
with wastewater other than that generated by the regulated process.
(c)
40
C.F.R. 403.13 (fundamentally different factor
variance) to reflect the existence of data and information that was not
considered or available when the categorical pretreatment standard was
promulgated.
(d)
40 C.F.R.
403.15 (net/gross calculation) to reflect the
presence of pollutants in the intake water of an industrial user.
(e)
40 C.F.R.
403.6(c)(1) to reflect the
conversion of mass-based limits into equivalent limits expressed either as mass
of pollutant discharged per day, or effluent concentration.
(f)
40 C.F.R.
403.6(c)(5) to reflect the
conversion of concentration-based limits into equivalent mass-based
limits.
(g)
40 C.F.R.
403.6(c)(6) to reflect the
conversion of mass-based limits of the categorical pretreatment standards in 40
C.F.R. 414, 40 C.F.R. 419, and 40 C.F.R. 455 to concentration-based
limits.
(2) In order for
the alternative limit referenced in paragraph (I)(1) of this rule to be
considered enforceable against an industrial user, compliance with the
alternative limit shall be required by local ordinance or contract administered
under an approved pretreatment program, or by orders issued to the industrial
user by the director under section
6111.03 of the Revised
Code.
(3) There shall be no right
or procedure implied under this chapter for an industrial user, POTW, or any
other person to seek an alternative limit to a categorical pretreatment
standard other than through the procedures and within the requirements set
forth in paragraphs (I)(1) and (I)(2) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03(P), 6111.042
Rule Amplifies: 6111.03(P), 6111.042
Prior Effective Dates: 11/01/1984 (Emer.), 01/31/1985, 04/07/1988, 02/28/1990, 05/21/2001, 02/01/2007, 10/01/2012
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