1. (1) Pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which have the potential to be discharged in accordance with 40 C.F.R. Part 403.6, as of July 1, 2009, hereby adopted and incorporated by reference, to a WWF by existing or new industrial users, in specific industrial subcategories, are established as separate Federal regulations under the appropriate subpart of 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471. These pretreatment standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in this chapter.

2. (2) Category determination request.

   1. (a) Request 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 control authority may request that the Department 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 control authority, the control authority shall, at the same time, send a copy of the request to any affected industrial user. The industrial user may provide written comments on the control authority’s request to the Department within 30 days of the date of the request.

   2. (b) Contents of request. Each request shall contain a statement:

      1. Describing which subcategories might be applicable; and,

      2. Citing evidence and reasons why a particular subcategory is applicable and why others are not applicable. Any person signing the request 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. (c) Deficient requests. The Department shall 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 Department that their request is deficient. If the deficiency is not corrected within 30 days of the date of the notification, the request for a determination shall be denied.

   4. (d) Final decision.

      1. Upon receipt of a complete request, the Department shall consider the submission, any additional evidence that may have been requested, and any other available information relevant to the request. The Department shall then make a written determination of the applicable subcategory and state the reasons for the determination.

      2. The Department shall forward the determination to the EPA Water Management Division Director. The EPA Water Management Division Director may waive receipt of these determinations. If the EPA Water Management Division Director does not modify the Department’s decision within 60 days after receipt thereof, or if the EPA Water Management Division Director waives receipt of the determination, the Department’s decision is final.

      3. Where the EPA Water Management Division Director elects to modify the Department’s decision, the decision shall be forwarded to the Department. The Department shall adopt the modified decision as its final determination.

      4. The Department shall send a copy of the final determination to the affected industrial user and the control authority.

   5. (e) Requests for administrative hearing. Within 14 days following the date of receipt of the copy of the final determination as provided for by subparagraph (d)4., above, the industrial user or control authority may submit a petition for administrative hearing under Section 120.57, F.S., to reconsider or contest the decision.
3. (3) Deadline for compliance with categorical standards. Compliance by existing sources with categorical pretreatment standards shall be within 3 years of the date the standard is effective in the appropriate subpart of 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471, unless a shorter compliance time is specified as part of the categorical standard. Existing sources which 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 subsection 62-625.200(13), F.A.C. New sources shall install and have in operating condition, and shall “start-up,” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within 90 days of initiating discharge, new sources must meet all applicable pretreatment standards.

4. (4) Concentration and mass limits.

   1. (a) Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Wherever possible, where concentration limits are specified in pretreatment standards, equivalent mass limits will be provided so that local, State or Federal authorities responsible for enforcement may use concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the pretreatment standard, or as otherwise specified by the pretreatment standard.
   2. (b) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.
   3. (c) A control authority calculating equivalent mass-per-day limitations under paragraph (b), above, shall calculate such limitations by multiplying the limits in the pretreatment standard by the industrial user’s average rate of production. This average rate of production shall be based not upon the designed production capacity but rather upon a reasonable measure of the industrial user’s actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production.
   4. (d) A control authority calculating equivalent concentration limitations under paragraph (b), above, shall calculate such limitations by dividing the mass limitations derived under paragraph (c), above, by the average daily flow rate of the industrial user’s regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the industrial user’s actual long-term average flow rate, such as the average daily flow rate during a representative year.

   5. (e) When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the control authority convert the limits to equivalent mass limits. The control authority may convert to equivalent mass limits only if the industrial user meets all the following conditions:

      1. Employs, or demonstrates that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;

      2. Currently uses control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

      3. Provides sufficient information to establish the industrial user’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, and the industrial user’s long-term average production rate, if applicable. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

      4. Does not have daily flow rates, production rates, or pollutant levels that vary more than 20 percent so that equivalent mass limits are not appropriate to control the discharge; and,

      5. Has consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.

   6. (f) An industrial user subject to equivalent mass limits based on paragraph (e), above, must:

      1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

      2. Record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

      3. Record the facility’s production rates and notify the control authority when the production rates are expected to vary more than 20 percent from its baseline production rates determined in subparagraph (e)3., above; and,

      4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subparagraph (e)1., above.

   7. (g) A control authority which chooses to establish equivalent mass limits:

      1. Must calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

      2. Must reassess the equivalent mass limit and recalculate the limit, as necessary, to reflect changed conditions at the facility upon notification from the industrial user of a revised production rate; and,

      3. May retain the same equivalent mass limit in subsequent control mechanism terms if:

      a. The industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies;

      b. The actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to subsection (5), below; and,

      c. The industrial user is in compliance with Rule 62-625.860, F.A.C.

   8. (h) The control authority may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

   9. (i) The control authority may convert the mass limits of the categorical pretreatment standards in 40 C.F.R. Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions:

      1. When converting such limits to concentration limits, the control authority must use the concentrations listed in the applicable subparts of 40 C.F.R. Parts 414, 419, and 455; and,

      2. Document that dilution is not being substituted for treatment as prohibited by subsection (5), below.

   10. (j) Equivalent limitations calculated in accordance with paragraphs (c), (d), (e) and (i), above, are deemed pretreatment standards for the purposes of section 307(d) of CWA and this chapter. The control authority must document how the equivalent limits were derived and make this information available in the industrial user’s file for public review. Once incorporated into its control mechanism, the industrial user must comply with the equivalent limitations in lieu of the categorical pretreatment standards from which the equivalent limitations were derived.
   11. (k) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitations.
   12. (l) Any industrial user operating under a control mechanism, as described in subparagraph 62-625.500(2)(a)2., F.A.C., incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the control authority within 2 business days after the industrial user has a reasonable basis to know that the production level will change more than 20 percent within the next calendar month. Any industrial user not notifying the control authority of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.
5. (5) Dilution prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable 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 control authority shall impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements.

6. (6) Combined waste stream formula. Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the control authority or by the industrial user with the written concurrence of the control authority. When the Department is acting as the control authority, the Department shall allow the development of fixed alternative discharge limits when direct sampling of the regulated waste stream is not technically feasible. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the control authority or industrial user shall calculate both an alternative daily maximum value using the daily maximum values specified in the appropriate categorical pretreatment standards and an alternative consecutive sampling day average value using the monthly average values specified in the appropriate categorical pretreatment standards. The industrial user shall comply with the alternative daily maximum and monthly average limits fixed by the control authority until the control authority modifies the limits or approves an industrial user modification request. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. An industrial user must immediately report any such material or significant change to the control authority. Where appropriate, new alternative categorical limits shall be calculated within 30 days.

   1. (a) Alternative limit calculation. For purposes of these formulas, the “average daily flow” means a reasonable measure of average daily flow for a 30-day period of production during a representative year. For new sources, flows shall be estimated using projected values. The alternative limit for a specified pollutant shall be derived by the use of either of the following formulas:

      1. Alternative concentration limit.

      
      

      2. Alternative mass limit.

      
      

      3. The terms used in the equations in 1. and 2. above are defined as follows:

1. (b) Alternative limits below detection limit. An alternative pretreatment limit shall not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants.
2. (c) Self-monitoring. Self-monitoring required to ensure compliance with the alternative categorical limit shall be conducted in accordance with the requirements of Rule 62-625.600, F.A.C.
3. (d) Choice of monitoring location. Where a treated regulated process waste stream is combined prior to treatment with wastewaters other than those generated by the regulated process, the industrial user may monitor either the segregated process waste stream or the combined waste stream for the purpose of determining compliance with applicable pretreatment standards. If the industrial user chooses to monitor the segregated process waste stream, it shall apply the applicable categorical pretreatment standard. If the industrial user chooses to monitor the combined waste stream, it shall apply an alternative discharge limit calculated using the combined waste stream formula as provided in paragraph (a), above. The industrial user may change monitoring points only after receiving approval from the control authority. The control authority shall ensure that any change in an industrial user’s monitoring points will not allow the industrial user to substitute dilution for adequate treatment to achieve compliance with applicable standards.

4. (7) For the purposes of the combined waste stream formula, dilute waste streams include:

   1. (a) Boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; unless such streams contain a significant amount of a pollutant and are combined with the regulated process waste stream prior to treatment, and the treatment will result in a substantial reduction of that pollutant. The control authority shall determine whether such streams are classified as diluted or unregulated. The industrial user shall provide engineering, production, sampling and analysis, and such other information so that the control authority can make its determination;
   2. (b) Sanitary waste streams where such streams are not regulated by a categorical pretreatment standard;

   3. (c) Any process waste streams which were or could have been entirely exempted from categorical pretreatment standards for one or more of the following reasons:

      1. The pollutants of concern are not detectable in the effluent from the industrial user;

      2. The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects;

      3. The pollutants of concern are present in amounts too small to be effectively reduced by known technologies; or

      4. The waste stream contains only pollutants which are compatible with the WWF.

   4. (d) Waste streams from the list of industrial user subcategories identified in subsection 62-625.880(1), F.A.C.

Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, 9-20-21.