Current through March 20, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 1.
(a) Any POTW
receiving wastewater from an industrial user that is required to meet a
categorical pretreatment standard may revise the discharge limits specified by
the standard for any specific pollutant or pollutants if the POTW has:
(1) applied for and received authorization
from the commissioner to revise the discharge limits for a specific pollutant
in accordance with this rule and
327
IAC 5-19-5; and
(2) a POTW pretreatment program approved
under 327 IAC 5-19.
(b)
The revised discharge limit for a specific pollutant must be:
(1) based upon the POTW's capability to
consistently remove that pollutant, as demonstrated in accordance with section
2(b) of this rule; and
(2)
calculated as provided in section 2(b)(4) of this rule.
A discharge limit revision for a toxic pollutant, that is
listed pursuant to Section 307(a) of the Clean Water Act (
33 U.S.C.
1317(a) ), must be based on
the POTW's ability to remove that toxic pollutant and not the ability to remove
indicator or surrogate pollutants.
(c) A POTW with a combined sewer overflow or
systems that overflow untreated wastewater into a receiving water at least once
annually shall not be able to claim consistent removal of a pollutant unless
achieving compliance with one (1) of the following:
(1) The industrial user provides containment,
reduction, or otherwise ceases all discharges from the regulated processes of a
pollutant for which a removal allowance is requested during all circumstances
in which an overflow event can reasonably be expected to occur. Discharges must
cease or be reduced, or pretreatment must be increased to the extent necessary,
to compensate for the removal not being provided by the POTW. Allowances under
this rule will not be granted unless the POTW submits to the commissioner
evidence of the following:
(A) All industrial
users to which the POTW proposes to apply this rule have demonstrated the
ability to contain, reduce, or otherwise cease, during circumstances in which
an overflow event can reasonably be expected to occur, all discharges from the
regulated processes that contain pollutants for which a removal allowance is
requested.
(B) The POTW has
identified circumstances in which an overflow event can reasonably be expected
to occur, and has a notification procedure or other viable plan in place to
ensure that industrial users will learn of an impending bypass in sufficient
time to contain, reduce, or cease its discharge to prevent untreated overflow
from occurring. The POTW must also demonstrate that it will monitor and verify
the data required in clause (C) to ensure that industrial users are containing,
reducing, or ceasing operations during POTW overflows.
(C) All industrial users to which the POTW
proposes to apply this rule have demonstrated the ability and commitment to
collect and make available upon request by the POTW, commissioner, or U.S. EPA
regional administrator:
(i) daily flow
reports; or
(ii) other data
sufficient to demonstrate that all discharges from regulated processes
containing the pollutant for which the removal allowance is requested were:
(AA) contained;
(BB) reduced; or
(CC) otherwise terminated; during all
circumstances in which an overflow event was reasonably expected to
occur.
(2) The revised discharge limit proposed for
a specific pollutant is calculated under section 2(b)(4)(B) of this rule to
account for the reduction in POTW removal due to overflows, except as follows:
(A) If an industrial user can demonstrate
that overflows do not occur in the POTW's system between the industrial user's
discharge and the treatment plant, the POTW may calculate revised discharge
limits for the industrial user under section 2(b)(4)(A) of this rule.
(B) After April 19, 1994, consistent removal
may be claimed only if efforts to correct the conditions resulting in untreated
discharges by a POTW are underway in accordance with the policy and procedures
set forth in the EPA Combined Sewer Overflow (CSO) Control Policy
(FRL-4732-7)*, published in the Federal Register on April 19, 1994. Revision to
discharge limits in categorical pretreatment standards may not be made if a
POTW has not committed to efforts to minimize pollution from combined sewer
overflows. At a minimum, a POTW must have completed an analysis of combined
sewer overflow alternatives in accordance with the requirements of the CSO
Control Policy and be making a good faith effort to implement the
plan.
(d) A
discharge limit revision must not cause or contribute to a violation of the
following:
(1) Applicable water quality
standards in the state waters receiving the POTW's effluent.
(2) The POTW's ability to comply with its
NPDES permit limitations and conditions.
(3) Any sludge requirements that apply to the
sludge management method chosen by the POTW.
Alternatively, the POTW can demonstrate to the commissioner
that even though it is not presently in compliance with applicable sludge
requirements, it will be in compliance when the industrial user to whom the
removal credit would apply is required to meet its categorical pretreatment
standard as modified by the removal credit. If granting removal credits forces
a POTW to incur greater sludge management costs than would be incurred in the
absence of granting removal costs, the additional sludge management costs will
not be eligible for U.S. EPA grant assistance.
(e) If a POTW has received a construction
grant under Section 201(g) of the Clean Water Act (
33 U.S.C.
1281(g) ) from funds
authorized for any fiscal year beginning after September 30, 1978, the POTW
shall have completed the analysis required by Section 201(g)(5) of the Clean
Water Act (
33 U.S.C.
1281(g)(5) )*, and
demonstrated that the revised discharge limits will not preclude the use of
innovative or alternative technology otherwise available to the POTW.
(f) An industrial user that wishes to receive
a removal allowance must:
(1) submit to the
POTW the information required in
40 CFR
403.12(b) *, including the
specification of what, if any, additional treatment or process facilities will
be needed to comply with applicable categorical pretreatment standards as
approved for revision under this rule;
(2) enter into a compliance schedule
agreement with the POTW to install the needed facilities within the time period
provided by the applicable categorical standards; and
(3) have the POTW submit to the commissioner,
within sixty (60) days of the effective date of revision of discharge limits
for a particular industrial user, the name and address of the industrial user
and the specific discharge limits that were revised.
*These documents are incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
