Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Publicly owned treatment works.
If the applicant is requesting the issuance, modification,
revocation and reissuance, or reissuance of a national pollutant discharge
elimination system permit for a publicly owned treatment works, the applicant
shall submit the following information to the commissioner:
A. the information required by part
7001.0050;
B. an identification, in terms of character
and volume of pollutants, of all significant indirect dischargers into the
publicly owned treatment works, which indirect dischargers are subject to
pretreatment standards under section 307(b) of the Clean Water Act, United
States Code, title 33, section 1317(b), and under Code of Federal Regulations,
title 40, part 403; and
C. a copy
of any publicly owned treatment works pretreatment program prepared by the
applicant under Code of Federal Regulations, title 40, section 403.8, unless
the program has been previously submitted to the commissioner and there have
been no changes to the plan.
Subp.
2.
Manufacturing, commercial, mining, and silvicultural
discharges.
If the applicant is requesting the issuance, modification,
revocation and reissuance, or reissuance of a national pollutant discharge
elimination system permit for a manufacturing, commercial, mining, or
silvicultural discharge, the applicant shall submit the following information
to the commissioner:
A. The
information required by part
7001.0050.
B. The name of the receiving water of the
discharge.
C. The exact location of
the outfall, including the latitude and longitude of the location to the
nearest 15 seconds.
D. A line
drawing of the water flow through the facility with a water balance, showing
process and treatment operations contributing to the effluent. The water
balance must show approximate average flows at intake and discharge points and
between units, including treatment units. If a water balance cannot be
determined, the applicant shall provide a pictorial description of the nature
and amount of the sources of water and the collection and treatment
measures.
E. A narrative
identification of each type of process, operation, or production area which
contributes or will contribute wastewater to the effluent for each outfall.
This identification must include process wastewater, cooling water, and storm
water runoff contributions to each outfall; the average flow that each process
contributes; a description of the treatment the wastewater receives; a
discussion of any disposal, other than by discharge, of solid or fluid wastes
generated in the process; and the discharge frequency.
F. A statement as to the product that is or
will be manufactured, processed, or produced at the facility and a statement as
to the quantity of the product actually manufactured, processed, or produced at
the facility. If a technology-based effluent guideline is applicable to the
discharge, the applicant shall express the quantity of product in the same
measure as that used in the applicable effluent limitation guideline.
G. If the applicant is subject to a
requirement or compliance schedule for construction, upgrading, or operation of
waste treatment equipment, an identification of the requirement, a description
of the project, and a listing of the required and projected final compliance
dates.
H. The results of analyses
and other information required by part
7001.1060.
I. If the analyses required by part
7001.1060 were performed by a
contract laboratory or consulting firm, the name and address of the laboratory
or firm, and an identification as to which analyses were performed by the
laboratory or firm.
J. A list of
any toxic pollutants that the applicant uses or manufactures or expects that it
will use or manufacture during the next five years, including manufacturing as
an intermediate or final product or by-product.
K. A description of the expected levels of
and the reasons for any discharge of pollutants that the applicant knows or has
reason to believe will in the next five years exceed two times the values
reported under part
7001.1060.
L. An identification of biological toxicity
tests that the applicant knows or has reason to believe have been made within
the last three years on any of the applicant's discharges or on a receiving
water related to the applicant's discharge.
M. If the applicant proposes to construct or
operate a new or existing concentrated animal feeding operation or aquatic
animal production facility, the information required in Code of Federal
Regulations, title 40, section 122.21(i).
N. If the applicant wishes to request that
the commissioner, in establishing a technology-based effluent limitation to be
included in the conditions of the permit, establish an effluent limitation
which is different than the effluent limitation which would result from the
normal application of the relevant effluent limitation guideline, then the
applicant shall submit in the application the following information:
(1) An identification of the relevant
effluent limitation guideline and the effluent limitation requested by the
applicant.
(2) If the request is
based on the claim that there are factors to be considered which are
fundamentally different from the factors on which the Environmental Protection
Agency based the applicable effluent limitation guideline, the applicant shall
submit an explanation and documentation supporting this claim.
(3) If the request is based on the claim that
there is no reasonable relationship between the economic and social costs and
the benefits to be obtained from the effluent limitation which would result
from the normal application of the effluent limitation guideline, the applicant
shall submit an explanation and documentation of this claim.
(4) If the applicant's discharge contains a
pollutant subject to the best available technology requirements of section
301(b)(2)(F) of the Clean Water Act, United States Code, title 33, section
1311(b)(2)(F), and if the applicant's request is based on the claim that the
technology being requested represents the maximum use of technology within the
economic capability of the owner or operator and will result in reasonable
further progress toward the elimination of the discharge of pollutants, the
applicant shall submit an explanation and documentation supporting this claim.
The applicant's right to make this request expires 270 days after the
promulgation by the Environmental Protection Agency of an effluent limitation
guideline that pertains to the pollutant discharged by the applicant that is
subject to the best available technology requirement, or at the close of the
public comment period established under part
7001.0100, subpart 4, whichever is
earlier.
(5) If the applicant's
discharge contains a pollutant that is subject to the best available technology
requirements of section 301(b)(2)(F) of the Clean Water Act, United States
Code, title 33, section 1311(b)(2)(F), and if the applicant's request is based
on the claim that the requested effluent limitation will meet the standards in
section 301(g) of the Clean Water Act, United States Code, title 33, section
1311(g), the applicant shall submit an explanation and documentation supporting
this claim. The applicant's right to make this request expires 270 days after
the promulgation by the Environmental Protection Agency of an effluent
limitation guideline that pertains to the pollutant discharged by the applicant
that is subject to the best available technology requirement, or at the close
of the public comment period established under part
7001.0100, subpart 4, whichever is
earlier.
O. If the
applicant desires to request an extension from the statutory deadline
established in section 301(b)(2)(A) of the Clean Water Act, United States Code,
title 33, section 1311(b)(2)(A), on the grounds that the applicant proposes to
replace existing production capacity with an innovative production process
which will meet the standards in section 301(k) of the Clean Water Act, United
States Code, title 33, section 1311(k), the applicant shall submit an
explanation and documentation supporting this claim.