If the National Categorical Pretreatment Standards for a particular
IU are more stringent than local limits or other requirements imposed
under the Borough's Pretreatment Program, then the National Categorical
Pretreatment Standards shall apply. The National Categorical Pretreatment
Standards, located in 40 CFR, Chapter I, Subchapter N, Parts 405 through
471, are hereby incorporated by reference into this part and users
must comply with the pretreatment standards.
A. Expansion of limits. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Pretreatment Coordinator may impose equivalent concentration or mass limits in accordance with §§
192-74F and
192-74G of this part. (See 40 CFR 403.6(c))
B. Production based standards. When the limits in a categorical pretreatment
standard are expressed only in terms of mass of pollutant per unit
of production, the Pretreatment Coordinator may convert the limits
to equivalent limitations expressed either as mass of pollutant discharged
per day or effluent concentration for purposes of calculating effluent
limitations applicable to individual IUs. (See 40 CFR 403.6(c)(2))
C. Combined wastestream. When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the Pretreatment Coordinator shall impose an alternate limit in accordance
with 40 CFR 403.6(e).
D. Net gross adjustment. A user subject to categorical pretreatment
standard may obtain a net/gross adjustment to a categorical pretreatment
standard in accordance with the following provisions:
(1) Categorical pretreatment standards may be adjusted to reflect the
presence of pollutants in the IU's intake water in accordance with
this section. Any IU wishing to obtain credit for intake pollutants
must make application to the Pretreatment Coordinator. Upon request
of the IU, 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 § 192-D(2) of this part are met.
(2) Criteria:
(a)
Either the applicable categorical pretreatment standards contained
in 40 CFR Subchapter N specifically provide that they shall be applied
on a net basis; or the IU 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.
(b)
Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease should not
be granted unless the IU 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.
(c)
Credit shall be granted only to the extent necessary to meet
the applicable categorical pretreatment standard(s), up to a maximum
value equal to the influent value. Additional monitoring may be necessary
to determine eligibility for credits and compliance with standard(s)
adjusted under this section of this part.
(d)
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 Borough may waive this requirement if it
finds that no environmental degradation will result. (See 40 CFR 403.15)
E. Best management practices (BMPs). To the extent provided by a categorical
pretreatment standard, the Borough may allow the use of BMPs as an
alternative means of complying with, or in place of, the applicable
categorical pretreatment standard.
F. Conversion from mass limits. The Pretreatment Coordinator may convert
the mass limits of the categorical pretreatment standards of 40 CFR
414, 419, and 455 to concentration limits for purposes of calculating
limitations applicable to individual IUS under the following conditions:
(1) When converting such limits to concentration limits, the Pretreatment
Coordinator must use the concentrations listed in the applicable subparts
of 40 CFR Parts 414, 419, and 455;
(2) The Pretreatment Coordinator must document that dilution is not being substituted for treatment as prohibited by §
192-78 of this part; and
(3) The Pretreatment Coordinator will document how the equivalent limits
were derived for any changes from concentration to mass limits, or
vice versa, and make this information publicly available. (See 40
CFR 403.6(c)(7)).
G. Conversion of concentration limits. When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an IU may request that the Pretreatment Coordinator convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Pretreatment Coordinator. The Pretreatment Coordinator may establish equivalent mass limits only if the IU meets all the following conditions of §
192-74G(1) below.
(1) To be eligible for equivalent mass limits, the IU must:
(a)
Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use during
the term of its control mechanism;
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment;
(c)
Provide sufficient information to establish the facility's actual
average daily flow rate for all wastestreams, based on data from a
continuous effluent flow monitoring device, as well as the facility's
long-term average production rate. Both the actual average daily flow
rate and long-term average production rate must be representative
of current operating conditions;
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the IU's request for equivalent
mass limits.
(2) An IU subject to equivalent mass limits must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
(b)
Continue to record the facility's flow rates through the use
of a continuous effluent flow monitoring device;
(c)
Continue to record the facility's production rates and notify the Pretreatment Coordinator whenever production rates are expected to vary by more than 20% from its baseline production rates determined in §
192-74G(1)(c) above. Upon notification of a revised production rate, the Pretreatment Coordinator must reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(d)
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to §
192-74G(1)(a) above, so long as it discharges under an equivalent mass limit.
(3) If the Pretreatment Coordinator chooses to establish equivalent mass
limits:
(a)
It must calculate the equivalent mass limit by multiplying the
actual average daily flow rate of the regulated process(es) of the
IU by the concentration-based daily maximum and monthly average standard
for the applicable categorical pretreatment standard and the appropriate
unit conversion factor;
(b)
Upon notification of a revised production rate, it must reassess
the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
(c)
It may retain the same equivalent mass limit in subsequent control mechanism terms if the IU's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to §
192-78 of this part. The IU must also be in compliance with 40 CFR 403.17 (regarding the prohibition of bypass).
(4) The Borough may not express limits in terms of mass for pollutants
such as pH, temperature, radiation, or any other pollutants for which
mass limits are not applicable. (See 40 CFR 403.6(c)(5)(iv))
H. Waiver of monitoring. The Pretreatment Coordinator may authorize
the IU subject to a categorical pretreatment standard to forego sampling
of a pollutant regulated by a categorical pretreatment standard if
the IU has demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be present in
the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the IU. This authorization is subject to the following conditions:
(1) The pretreatment coordinator may authorize a waiver where a pollutant
is determined to be present solely due to sanitary wastewater discharged
from the facility provided that the sanitary wastewater is not regulated
by an applicable categorical standard and otherwise includes no process
wastewater;
(2) The monitoring waiver is valid only for the duration of the effective
period of the permit or other equivalent individual control mechanism,
but in no case longer than five years. The IU must submit a new request
for the waiver before the waiver can be granted for each subsequent
control mechanism;
(3) In making a demonstration that a pollutant is not present, the IU
must provide data from at least one sampling of the facility's process
wastewater prior to any treatment present at the facility that is
representative of all wastewater from all processes;
(4) The request for a monitoring waiver must be signed by an authorized or duly authorized representative of the user and include the certification statement found in §
192-113A of this part. (See 40 CFR 403.6(a)(2)(ii))
(5) Nondetectable sample results may only be used as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR 136 with the lowest minimum detection level for that pollutant
was used in the analysis;
(6) Any grant of the monitoring waiver by the Pretreatment Coordinator
shall be included as a condition in the IU's control mechanism. The
reasons supporting the waiver and any information submitted by the
IU in its request for the waiver shall be maintained by the Pretreatment
Coordinator for three years after expiration of the waiver;
(7) Upon approval of the monitoring waiver and revision of the IU's control mechanism by the Pretreatment Coordinator, the IU must certify on each report with the statement in §
192-113C of this part, that there has been no increase in the pollutant in its wastestream due to activities of the IU;
(8) In the event that a waived pollutant is found to be present or is
expected to be present based on changes that occur in the IU's operations,
the IU must immediately comply with the monitoring requirements of
40 CFR 403.12(e)(1) or other more frequent monitoring requirements
imposed by the Pretreatment Coordinator, and notify the Pretreatment
Coordinator.
(9) This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard. (See 40 CFR 403.12(e)(2))
I. Removal credits. The Pretreatment Coordinator may grant removal credits
to IUs subject to a categorical pretreatment standard in accordance
with 40 CFR 403.7.
Users must comply with any applicable state pretreatment standards
or requirements.
The Borough reserves the right to establish, by ordinance or
in individual wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW consistent with the purpose
of this part. The Borough reserves the right to adopt additional rules
and regulations or modify existing rules and regulations as deemed
necessary and proper in connection with the use and operation of the
POTW.
No user shall ever 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 a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The Pretreatment Coordinator may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations
is appropriate.