Current through Register Vol. 48, No. 38, September 20, 2024
a) All
TLWQS petitions or amended petitions must include:
1) A statement indicating the type of TLWQS
sought:
A) single discharger;
B) multiple discharger; or
C) watershed, water body, or waterbody
segment;
2)
identification of the currently applicable water quality standard for the
pollutant or parameter for which a TLWQS is sought;
3) the location of the petitioner's activity
and the location of the points of its discharge;
4) a map of the proposed watershed, water
body or waterbody segment to which the TLWQS will apply, as well as a written
description of the watershed, water body, or waterbody segment, including the
associated segment code;
5)
designated uses of the water body or waterbody segment identified in subsection
(a)(4);
6) data describing the
nature and extent of the present or anticipated failure to meet the water
quality standard or standards, as well as facts that support the petitioner's
argument that compliance with the water quality standard or standards cannot be
achieved by the required compliance date;
7) a demonstration that attainment of the
designated use or uses and criterion or criteria is not feasible throughout the
term of the TLWQS because of one or more of the factors listed in Section
104.560(a);
8) an identification,
including the Board's docket number, of any prior TLWQS or water quality
standards variances issued to the petitioner, watershed, water body, waterbody
segment, and, if known, the petitioner's predecessors, concerning similar
relief;
9) an identification, by
name of the permit holder and permit number, of the permits held by dischargers
that may be affected by the adoption of the TLWQS;
10) an identification and description of any
process, activity, or source that contributes to a violation of a water quality
standard, including the material used in that process or activity;
11) a description and copy of all Pollutant
Minimization Plans that are relevant to the relief requested and are currently
being implemented or were implemented in the past;
12) the proposed highest attainable condition
of the watershed, water body, or waterbody segment identified in subsection
(a)(4) expressed as set forth in Section 104.565(d)(4), including projected
changes in the highest attainable condition throughout the proposed term of the
TLWQS;
13) a demonstration of the
pollutant control activities proposed to achieve the highest attainable
condition, including those activities identified through a Pollutant
Minimization Program;
14) the
proposed term of the TLWQS, along with a justification that it is only as long
as necessary to achieve the highest attainable condition and a description of
the relationship between the proposed pollution control activities and the
proposed term;
15) a proposed
re-evaluation schedule to re-evaluate the highest attainable condition during
the term of the TLWQS if that proposed term is longer than five years (see
Section 104.580);
16) any other
documentation necessary to support the petitioner's demonstration under Section
104.560; and
17) a demonstration to
assure that the proposed highest attainable condition does not conflict with
the attainment of any downstream water quality standard for the pollutant or
parameter for which the TLWQS is sought.
b) For a watershed, water body or waterbody
segment TLWQS, the petition or amended petition must also include:
1) identification and documentation of any
cost-effective and reasonable best management practices for nonpoint source
controls related to the pollutant or water quality parameter and watershed,
water body, or waterbody segment specified in the TLWQS that could be
implemented to make progress towards attaining the underlying designated use
and criterion; and
2) if the
petition is for an extension of an existing TLWQS, an explanation of the extent
to which the best management practices for nonpoint source controls were
implemented to address the pollutant or water quality parameter subject to the
TLWQS and the water quality progress achieved.
c) For a watershed, water body, waterbody
segment, or multiple discharger TLWQS, the petition or amended petition may
also include proposed eligibility criteria to be adopted by the Board to be
used at the time of renewal or modification of an individual's federal NPDES
permit or at the time an individual files an application for certification
under section 401 of the federal Clean Water Act to obtain coverage under a
Board-approved TLWQS.
d) For a
multiple discharger, watershed, water body, or waterbody segment TLWQS,
discharger specific information must be provided individually.