Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-7 - National pretreatment standards: Categorical standards [see 40 CFR 403.6]

Current through 2024-29, July 17, 2024
National pretreatment standards specifying quantities or
				  concentrations of pollutants or pollutant properties which may be discharged to
				  a POTW by existing or new industrial users in specific industrial subcategories
				  will be established as separate regulations under the appropriate section of
				  Chapter 525. These standards, unless specifically noted otherwise, shall be in
				  addition to all applicable pretreatment standards and requirements set forth in
				  this chapter.
(a) Category
				Determination Request--
(1) Application
				Deadline. Within 60 days after the effective date of a Pretreatment Standard
				for a subcategory under which an Industrial User may be included, the
				Industrial User or POTW may request that the Water Management Division Director
				or Department, as appropriate, provide written certification on whether the
				Industrial User falls within that particular subcategory. If an existing
				Industrial User adds or changes a process or operation which may be included in
				a subcategory, the existing Industrial User must request this certification
				prior to commencing discharge from the added or changed processes or operation.
				A New Source must request this certification prior to commencing discharge.
				Where a request for certification is submitted by a POTW, the POTW shall notify
				any affected Industrial User of such submission. The Industrial User may
				provide written comments on the POTW submission to the Water Management
				Division Director or Department, as appropriate, within 30 days of
				notification.
(2) Contents of
				Application. Each request shall contain a statement:
(i) Describing which subcategories might be
				applicable; and
(ii) 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 section 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.
(3) Deficient requests. The Water
				Management Division Director or Department 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 Water Management
				Division Director or Department 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 Water Management Division Director or the Department, the
				request for a determination shall be denied.
(4) Final decision.
(i) When the Water Management Division
				Director or Department receives a submittal it will, after determining that it
				contains all of the information required by paragraph (2) of this section,
				consider the submission, any additional evidence that may have been requested,
				and any other available information relevant to the request. The Water
				Management Division Director or Department will then make a written
				determination of the applicable subcategory and state The reasons for the
				determination.
(ii) Where the
				request is submitted to the Department, the Department shall forward the
				determination described in this paragraph to the Water Management Division
				Director who may make a final determination. The Water Management Division
				Director may waive receipt of these determinations. If the Water Management
				Division Director does not modify the Department's decision within 60 days
				after receipt thereof, or if the Water Management Division Director waives
				receipt of the determination, the Department's decision is final.
(iii) Where the request is submitted by the
				Industrial User or POTW to the Water Management Division Director or where the
				Water Management Division Director elects to modify the Department's decision,
				the Water Management Division Director's decision will be final.
(iv) The Water Management Division Director
				or Department, as appropriate, shall send a copy of the determination to the
				affected Industrial User and the POTW. Where the final determination is made by
				the Water Management Division Director, he or she shall send a copy of the
				determination to the Department.
(5) Requests for hearing and/or legal
				decision. Within 30 days following the date of receipt of notice of the final
				determination as provided for by paragraph (a)(4)(iv) of this section, the
				Requester may submit a petition to reconsider or contest the decision to the
				Regional Administrator who shall act on such petition expeditiously and state
				the reasons for his or her determination in writing.