[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR403.15]

[Page 45-46]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403-GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.15  Net/Gross calculation.

    Categorical Pretreatment Standards may be adjusted to reflect the 
presence of pollutants in the Industrial User's intake water in 
accordance with this section.
    (a) Application. Any Industrial User wishing to obtain credit for 
intake pollutants must make application to the Control Authority. Upon 
request of the Industrial User, 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 paragraphs (b) and (c) of this section are met.
    (b) Criteria. (1) The Industrial User must demonstrate 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.
    (2) Credit for generic pollutants such as biochemical oxygen demand 
(BOD), total suspended solids (TSS), and oil and grease should not be 
granted unless the Industrial User 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 
appropirate additional

[[Page 46]]

limits are placed on process water pollutants either at the outfall or 
elsewhere.
    (3) 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.
    (4) 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 Control Authority may waive this requirement if it 
finds that no environmental degradation will result.
    (c) The applicable categorical pretreatment standards contained in 
40 CFR subchapter N specifically provide that they shall be applied on a 
net basis.

[53 FR 40614, Oct. 17, 1988, as amended at 58 FR 18017, Apr. 7, 1993]