Current through Register Vol. 48, No. 38, September 20, 2024
a) For a TLWQS to a
use specified in section 101(a)(2) of the Clean Water Act or a subcategory of
such a use, the petitioner must provide justification that attainment of the
designated use and criterion is not feasible for the proposed term of the TLWQS
because of one of the following factors:
1)
Naturally occurring pollutant concentrations prevent the attainment of the
designated use;
2) Natural,
ephemeral, intermittent, or low flow conditions or water levels prevent the
attainment of the designated use, unless these conditions can be compensated
for to enable uses to be met by discharging a sufficient volume of effluent
without violating State water conservation requirements;
3) Human-caused conditions or sources of
pollution prevent the attainment of the designated use and either cannot be
remedied or would cause more environmental damage to correct than to leave in
place;
4) Dams, diversions or other
types of hydrologic modifications preclude the attainment of the designated
use, and it is not feasible to restore the water body to its original condition
or to operate that modification in a way that would result in the attainment of
the designated use;
5) Physical
conditions related to the natural features of the water body, such as the lack
of a proper substrate, cover, flow, depth, pools, riffles, and the like,
unrelated to water quality, preclude attainment of aquatic life protection
uses;
6) Controls more stringent
than those required by sections 301(b) and 306 of the Clean Water Act would
result in a substantial and widespread negative economic and social impact on
the public; or
7) Actions necessary
to facilitate lake, wetland, or stream restoration through dam removal or other
significant reconfiguration activities preclude attainment of the designated
use and criterion while the actions are being implemented.
b) For a TLWQS to a non-101(a)(2) use, the
petitioner must provide justification of how its consideration of the
designated use and value of the water for those listed in
40 CFR
131.10(a) appropriately
supports the TLWQS and term. Justification consistent with subsections (a)(1)
through (7) may be used to satisfy this requirement.
c) The petitioner must demonstrate that the
term of the TLWQS is the minimum necessary to achieve the highest attainable
condition. This demonstration must justify the term of the TLWQS by describing
the pollutant control activities required to achieve the highest attainable
condition, including those activities through a Pollutant Minimization
Program.
