Current through 2024-38, September 18, 2024
(a)
(1) Within 60 days from the date of
promulgation of any toxic pollutant effluent standard or prohibition each owner
or operator with a discharge subject to that standard or prohibition must
notify the Department of such discharge. Such notification shall include such
information and follow such procedures as the Department may require.
(2) Any owner or operator who does not have a
discharge subject to any toxic pollutant effluent standard at the time of such
promulgation but who thereafter commences or intends to commence any activity
which would result in such a discharge shall first notify the Department in the
manner herein provided at least 60 days prior to any such discharge.
(b) Upon receipt of any
application for issuance or reissuance of a permit or for a modification of an
existing permit for a discharge subject to a toxic pollutant effluent standard
or prohibition the permitting authority shall proceed thereon in accordance
with 40 CFR part 124 or 125, whichever is applicable.
(c)
(1)
Every permit which contains limitations based upon a toxic pollutant effluent
standard or prohibition under this Chapter is subject to revision following the
completion of any proceeding revising such toxic pollutant effluent standard or
prohibition regardless of the duration specified on the permit.
(2) For purposes of this section, all toxic
pollutants for which standards are set under this Chapter are deemed to be
injurious to human health within the meaning of section 402(k) of the Act
unless otherwise specified in the standard established for any particular
pollutant.
(d)
(1) Upon the compliance date for any section
307(a) of the Act toxic pollutant effluent standard or prohibition, each owner
or operator of a discharge subject to such standard or prohibition shall comply
with such monitoring, sampling, recording, and reporting conditions as the
Department may require for that discharge. Notice of such conditions shall be
provided in writing to the owner or operator.
(2) In addition to any conditions required
pursuant to paragraph (d)(1) of this subsection and to the extent not required
in conditions contained in NPDES permits, within 60 days following the close of
each calendar year each owner or operator of a discharge subject to any toxic
standard or prohibition shall report to the Department concerning the
compliance of such discharges. Such report shall include, as a minimum,
information concerning (i) relevant identification of the discharger such as
name, location of facility, discharge points, receiving waters, and the
industrial process or operation emitting the toxic pollutant; (ii) relevant
conditions (pursuant to paragraph (d)(1) of this subsection or to an NPDES
permit) as to flow, section 307(a) of the Act toxic pollutant concentrations,
and section 307(a) of the Act toxic pollutant mass emission rate; (iii)
compliance by the discharger with such conditions.
(3) When samples collected for analysis are
composited, such samples shall be composited in proportion to the flow at time
of collection and preserved in compliance with requirements of the Department,
but shall include at least five samples, collected at approximately equal
intervals throughout the working day.
(e)
(1)
Nothing in these regulations shall preclude a Regional Administrator from
requiring in any permit a more stringent effluent limitation or standard
pursuant to section 301(b)(1)(C) of the Act and implemented in Chapter 524 and
other related provisions of 40 CFR part 125.
(2) Nothing in these regulations shall
preclude the Department from requiring in any permit a more stringent effluent
limitation or standard pursuant to section 301(b)(1)(C) of the Act and
implemented in Chapter 523 and other related provisions of 40 CFR part
124.
(f) Any owner or
operator of a facility which discharges a toxic pollutant to the navigable
waters and to a publicly owned treatment system shall limit the summation of
the mass emissions from both discharges to the less restrictive standard,
either the direct discharge standard or the pretreatment standard; but in no
case will this paragraph allow a discharge to the navigable waters greater than
the toxic pollutant effluent standard established for a direct discharge to the
navigable waters.
(g) In any permit
hearing or other administrative proceeding relating to the implementation or
enforcement of these standards, or any modification thereof, or in any judicial
proceeding other than a petition for review of these standards pursuant to
section 509(b)(1)(C) of the Act, the parties thereto may not contest the
validity of any national standards established in this Chapter, or the ambient
water criterion established herein for any toxic pollutant.
