Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2311 - National pretreatment standards; categorical standards

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1)
				  National pretreatment standards specifying quantities or concentrations of
				  pollutants or pollutant properties that may be discharged to a publicly owned
				  treatment works by existing or new nondomestic users in specific industrial
				  subcategories will be established by E.P.A. as separate regulations under the
				  appropriate subpart of 40 C.F.R. chapter I, subchapter N (1990). The standards,
				  unless specifically noted otherwise, shall be in addition to all applicable
				  pretreatment standards and requirements set forth in these rules.
(2) All of the following provisions apply to
				  category determination request:
(a) Within 60
				  days after the effective date of a pretreatment standard for a subcategory
				  under which a nondomestic user may be included, the nondomestic user or
				  publicly owned treatment works may request that the approval authority, as
				  appropriate, provide written certification on whether the nondomestic user
				  falls within that particular subcategory. If an existing nondomestic user adds
				  or changes a process or operation that may be included in a subcategory, the
				  existing nondomestic user shall request the certification before commencing to
				  discharge from the added or changed processes or operation. A new source shall
				  request the certification before commencing to discharge. Where a certification
				  is submitted by a publicly owned treatment works, the publicly owned treatment
				  works shall notify any affected nondomestic user of the submission. The
				  nondomestic user may provide written comments on the publicly owned treatment
				  works submission to the approval authority within 30 days of
				  notification.
(b) Each request
				  shall contain both of the following:
(i) A
				  statement describing which subcategories might be applicable.
(ii) A statement citing evidence and reasons
				  why a particular subcategory is applicable and why others are not applicable.
				  Any person signing the application statement submitted pursuant to this
				  subdivision shall make the following certification: 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 persons
				  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.
(c) The
				  approval authority will only act on written requests for determinations that
				  contain all of the information required. Persons who have made incomplete
				  submissions will be notified by the approval authority that their requests are
				  deficient and, unless the time period is extended, will be given 30 days to
				  correct the deficiency. If the deficiency is not corrected within 30 days or
				  within an extended period allowed by the approval authority, the request for a
				  determination shall be denied.
(d)
				  When the approval authority receives a submittal, the authority will, after
				  determining that it contains all of the information required by subdivision (b)
				  of this subrule, consider the submission, any additional evidence that may have
				  been requested, and any other available information relevant to the request.
				  The E.P.A. has the opportunity to review any information and make a final
				  determination in accordance with 40 C.F.R. §403.6(a)(4) (1992). The
				  approval authority will then make a written determination of the applicable
				  subcategory and state the reasons for the determination. The approval authority
				  shall send a copy of the determination to the affected nondomestic user and the
				  publicly owned treatment works.
(e)
				  Within 30 days following the date of receipt of notice of the final
				  determination as provided for by subdivision (d) of this subrule, the requester
				  may submit a petition to reconsider or contest the decision to the E.P.A.
				  regional administrator, who shall act on the petition expeditiously and state
				  the reasons for his or her determination in writing.