A.
Any national categorical pretreatment standard promulgated by the
EPA for any industry shall be deemed incorporated into this Part 2
as of the effective date of such national categorical pretreatment
standard for such standards promulgated on or after the effective
date of this Part 2 and as of the effective date of this Part 2 for
those national categorical pretreatment standards promulgated prior
to the effective date of this Part 2, except to the extent that an
applicable limitation promulgated by the state or Board is more stringent
than any term(s) of such national categorical pretreatment standard,
in which case the more-stringent requirement shall govern.
B.
The Superintendent shall notify, in writing, all affected users of
the pretreatment standards applicable to their respective operations.
A.
The Board may apply to the EPA or DEC, as appropriate, for a written
certificate as to whether a particular industrial user falls within
the purview of any national categorical pretreatment standard promulgated
by the EPA, in accordance with the terms of 40 CFR 403.6. Whenever
the Board decides to make such an application, it shall notify the
affected industrial user, in writing, so that said industrial user
may submit its comments to the EPA or DEC, as the case may be.
B.
The Board may request a reconsideration of a final determination
regarding such applicability or contest said final determination by
submitting an appropriate petition to the Administrator or Director.
The Board may direct the Superintendent to derive fixed alternate
discharge limits as an alternative to the limits set forth in an applicable
national categorical pretreatment standard or may approve fixed alternative
discharge limits proposed by a significant industrial user in accordance
with the terms of 40 CRF 403.6(e)
The Board may apply for a revision of any specific limits set
forth in the national categorical pretreatment standards pursuant
to the terms of 40 CFR 403.7 at such time as consistent removal of
pollutants, as that term is defined in said 40 CFR 403.7, is obtained
and in accordance with the terms of 40 CFR 403.7.
The Board, in its discretion, may apply for a variance from
a national categorical pretreatment standard as an interested person,
pursuant to the terms set forth in 40 CFR 403.13.
A.
State requirements and limitations on discharges shall apply in any
case where they are more stringent than the federal requirements and
limitations or those set forth in this Part 2.
