Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-09 - General requirements governing application of pretreatment standards

Current through all regulations passed and filed through July 1,
			 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-3-01 of the
				Administrative Code.]
(A) The
			 provisions of this rule provide general requirements concerning the application
			 of pretreatment standards to industrial users.
(B) Industrial users subject to pretreatment
			 standards shall comply with the limits under rule
			 3745-3-04
			 of the Administrative Code - "Prohibited discharges," and with any more
			 stringent pretreatment standards applicable under an approved POTW pretreatment
			 program.
(C) Existing sources that
			 become industrial users subsequent to promulgation of an applicable categorical
			 pretreatment standard shall be considered existing industrial users except
			 where such sources meet the definition of a new source as defined in rule
			 3745-3-01 of the
			 Administrative Code.
(D) New
			 sources shall comply with the pretreatment standard for new sources (PSNS) that
			 is specified in the applicable subcategory of the categorical pretreatment
			 standard.
(E) Except where
			 expressly authorized to do so by an applicable categorical pretreatment
			 standard or requirement, 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
			 pretreatment standard or requirement. The director or a POTW administering an
			 approved POTW pretreatment program may impose mass limitations on industrial
			 users that are using, or attempt to use, dilution to meet applicable
			 pretreatment standards or requirements, or in such other cases where the
			 imposition of mass limitations is appropriate.
(F) Pollutant discharge limits in categorical
			 pretreatment standards are expressed either as concentration or mass limits or
			 both. When equivalent mass limits are provided, the control authority may use
			 either concentration or mass limits for enforcement purposes. Limits in
			 categorical pretreatment standards shall apply to the effluent of the process
			 regulated by the standard, or as otherwise specified by the standard.
(G) Unless otherwise provided in an
			 applicable categorical pretreatment standard, compliance with such standards
			 shall be measured in accordance with the methods of analyses and sampling
			 procedures specified under rule
			 3745-3-06
			 of the Administrative Code.
(H) In
			 all cases in which a determination is sought by an industrial user concerning
			 the applicability of a particular subcategory under the categorical
			 pretreatment standards, the final determination issued under
			 40 C.F.R.
			 403.6 shall control the application of the
			 appropriate subcategory. There shall be no right or procedure implied under
			 this chapter for industrial users or POTWs to seek such categorical
			 determinations from the director other than through the procedures and within
			 the requirements of
			 40 C.F.R.
			 403.6.
(I) Enforceable alternative limits.
(1) Categorical pretreatment standards shall
			 apply to an industrial user unless an enforceable alternative limit to the
			 standard is applicable to the industrial user under any of the following
			 regulations:
(a)
										40 C.F.R. 403.7
			 (removal credits) to reflect the POTW's removal of pollutants discharged by the
			 industrial user of pollutants.
(b)
										40 C.F.R.
			 403.6(e) (combined
			 wastestream formulas) to reflect a situation where process effluent is mixed
			 with wastewater other than that generated by the regulated process.
(c)
										40
			 C.F.R. 403.13 (fundamentally different factor
			 variance) to reflect the existence of data and information that was not
			 considered or available when the categorical pretreatment standard was
			 promulgated.
(d)
										40 C.F.R.
			 403.15 (net/gross calculation) to reflect the
			 presence of pollutants in the intake water of an industrial user.
(e)
										40 C.F.R.
			 403.6(c)(1) to reflect the
			 conversion of mass-based limits into equivalent limits expressed either as mass
			 of pollutant discharged per day, or effluent concentration.
(f)
										40 C.F.R.
			 403.6(c)(5) to reflect the
			 conversion of concentration-based limits into equivalent mass-based
			 limits.
(g)
										40 C.F.R.
			 403.6(c)(6) to reflect the
			 conversion of mass-based limits of the categorical pretreatment standards in 40
			 C.F.R. 414, 40 C.F.R. 419, and 40 C.F.R. 455 to concentration-based
			 limits.