Ala. Admin. Code r. 335-6-5-.06
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-5-.06 - Categorical Pretreatment Standards(1) Categorical pretreatment standards, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a publicly owned treatment works by existing or new industrial users in specific industrial subcategories, have been and will be established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N (1994). The Department shall require compliance with the requirements of those regulations and shall include the requirements in SID Permits issued to categorical dischargers. Compliance by existing sources shall be attained within three years of the effective date of the standard or as stated in the standard, whichever is earlier. New sources shall install, have in operating condition and start-up all pollution control equipment required to comply with the standard before beginning to discharge and shall attain compliance with the standard within 90 days of beginning discharge.(2) Category Determination Request: (a) Within sixty days after the effective date of a categorical pretreatment standard for a subcategory under which an existing industrial user may be included, the industrial user may request that the Department provide written certification to the effect that the industrial user does or does not fall within that particular subcategory.(b) New source industrial dischargers and existing industrial dischargers, requesting a category determination because of the addition or alteration of a process, must request a category determination prior to commencing discharge of pollutants from the process(es) included in the request.(c) Each request shall contain a statement: 1. describing which subcategories might be applicable;2. citing evidence and reasons why a particular subcategory is applicable and why others are not applicable; and3. the following certification signed by a person meeting the requirements of Rule 335-6-5-.14. "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 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."
(d) The Department will notify the industrial user of any incomplete aspects of a request and give the industrial user thirty days (or longer, by written permission of the Department) to complete the request.(e) When the request is complete, the Director will make a written determination of the applicable subcategory and state the reasons for the determination and shall forward the determination to the EPA Regional Water Management Division Director.(f) The EPA Water Management Division Director may make a final determination. If the Water Management Division Director does not modify the Director's decision within sixty days after receipt thereof, the Director's decision is final, and shall be sent to the requester.(g) Where the EPA Water Management Division Director elects to modify the Department's decision, the Water Management Division Director's decision will be final.(h) If the EPA Water Management Division Director elects to modify the Department's decision, the industrial user may submit a petition to reconsider or contest the decision to the Regional Administrator within thirty days of receipt of the modified decision, in accordance with pertinent EPA regulations ( 40 C.F.R. Part 403 (1994)). If the Director's decision is final, the industrial user may appeal that decision in accordance with Chapter 335-2-1.(3) Except where expressly authorized to do so by an applicable categorical pretreatment standard, 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 categorical pretreatment standard.(4) Calculation of Categorical Pretreatment Standard Permit Limits. (a) The Department may convert mass limits based on units of production to concentration units and may use the concentration limits as SID Permit limits. Mass limits will be converted to concentration units using a reasonable measure of the industrial user's long-term average daily flow, such as the average daily flow rate during a representative year or for new dischargers an engineering estimate of the average flow may be used. When a concentration limit developed from a categorical standard is applied, the flow shall be limited accordingly.(b) The Department shall calculate mass limits by using a reasonable measure of the industrial user's actual long-term daily production, such as the average daily production for a representative year.(c) The same flow or production figures shall be used to calculate daily and average permit limitations.(d) Combined wastestream limits shall be calculated in accordance with the methods described in 40 CFR Section 403.6(1994). Author: John Poole
Ala. Admin. Code r. 335-6-5-.06
Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.