[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR403.15]



[Page 50]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 403_GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF 

POLLUTION--Table of Contents

 

Sec.  403.15  Net/Gross calculation.



    (a) Application. Categorical Pretreatment Standards may be adjusted 

to reflect the presence of pollutants in the Industrial User's intake 

water in accordance with this section. 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 paragraph (b) 

of this section are met.

    (b) Criteria. (1) Either:

    (i) The applicable categorical Pretreatment Standards contained in 

40 CFR subchapter N specifically provide that they shall be applied on a 

net basis; or

    (ii) The Industrial User 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.

    (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 

appropriate additional 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.



[70 FR 60198, Oct. 14, 2005]