Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Requirement.
According to part
7001.0150, subpart
2, a national pollutant
discharge elimination system permit issued by the agency must contain
conditions necessary for the permittee to achieve compliance with all Minnesota
or federal statutes or rules. These conditions must be initially established by
the commissioner in the draft permit but are subject to final issuance by the
agency. The conditions to be included are given in subparts
2 to
9.
Subp. 2.
Effluent limitations,
standards, or prohibitions.
Except as provided in subpart
3, the commissioner shall
establish effluent limitations, standards, or prohibitions for each pollutant
to be discharged from each outfall or discharge point of the permitted
facility; except that if the commissioner finds that as a result of exceptional
circumstances it is not feasible to establish effluent limitations, standards,
or prohibitions which are applicable at the point of discharge, the
commissioner shall establish effluent limitations, standards, or prohibitions
for pollutants in internal waste streams at the point prior to mixing with
other waste streams or cooling water streams. In determining the appropriate
effluent limitations, standards, or prohibitions the commissioner shall comply
with the following requirements:
A.
Effluent limitations, standards, or prohibitions must be expressed in terms of
weight or mass, where applicable, and in the following terms:
(1) for continuous discharges from a publicly
owned treatment works, in terms of average weekly and maximum monthly discharge
limitations;
(2) for continuous
discharges from a facility which is not a publicly owned treatment works, in
terms of maximum daily and average monthly discharge limitations;
(3) for noncontinuous discharges, in terms
which most appropriately limit the discharge, such as frequency, total mass,
concentration, or maximum rate of discharge;
(4) for metals, in terms of total metal,
which is the sum of the dissolved and suspended fractions of the metal. This
requirement does not apply if a federal or state rule requires that an effluent
limitation, standard, or prohibition be expressed in terms of the dissolved or
valent form of the metal; or if the commissioner determines that the expression
of the effluent limitation, standard, or prohibition in a different manner
would better enable the agency to determine compliance by the permittee with
all applicable Minnesota or federal statutes or rules.
B. In establishing effluent limitations,
standards, or prohibitions the commissioner shall consider the following:
(1) technology-based effluent limitations,
standards, or prohibitions and effluent limitation guidelines that apply to the
permittee;
(2) effluent standards
or limitations applicable to the permittee; promulgated by the Environmental
Protection Agency under sections 302, 303, 304, 307, 318, 402(a), and 405 of
the Clean Water Act, United States Code, title 33, sections 1312, 1313, 1314,
1317, 1328, 1342, and 1345 as amended; and published in Code of Federal
Regulations, title 40, parts 400 to 460, which are applicable to the
permittee;
(3) the applicable water
quality standards in parts
7050.0100 to
7050.0220,
7050.0300 to
7050.0380,
7055.0010 to
7055.0120, and
7055.0250 to
7055.0310.
(4) the requirements of the water quality
management plan adopted by the state and approved by the Environmental
Protection Agency under section 208(b) of the Clean Water Act, United States
Code, title 33, section 1288(b) as amended; and
(5) the requirements of the National
Environmental Policy Act, United States Code, title 42, sections 4321 et seq.
as amended, and the Minnesota Environmental Policy Act, Minnesota Statutes,
chapter 116D.
C. If the
establishment of an effluent limitation, standard, or prohibition requires the
making of a calculation, the commissioner shall comply with the following, if
applicable:
(1) for a publicly owned
treatment works, calculations must be based on the design flow of the
facility;
(2) for a facility which
is not a publicly owned treatment works, calculations of technology-based
effluent limitations must be based on a reasonable measure of the actual
quantity of the product manufactured, processed, or produced at the facility,
or, for a new source or new discharger, the projected measure of the quantity
of product;
(3) for a facility
which is not a publicly owned treatment works, calculations of effluent
limitations other than technology-based effluent limitations must be based on a
reasonably representative quantity of flow from the facility; and
(4) for a facility which disposes of any part
of its wastewater in a manner which does not involve a discharge of a pollutant
into the waters of the state, calculations of effluent limitations, standards,
or prohibitions expressed in terms of mass must be based only upon that portion
of the wastewater which is discharged into the waters of the state.
D. If a permit issued to a new
source or a new discharger contains technology-based effluent limitations,
standards, or prohibitions for pollutants other than toxic pollutants or
hazardous substances, the source or discharger must not be subject to more
stringent technology-based limitations, standards, or prohibitions for the
following periods of time, whichever is less:
(1) for new sources, ten years from the date
that construction of the source is completed;
(2) ten years from the date that the source
begins to discharge process or other nonconstruction related wastewater;
or
(3) the period of depreciation
or amortization of the facility for the purposes of section 167 or 169, or
both, of the Internal Revenue Code of 1954, United States Code, title
26.
Subp. 3.
Best management practices.
If the commissioner finds that it is not feasible to
establish an effluent limitation, standard, or prohibition using a numerical
value, the commissioner shall establish permit conditions requiring the
implementation by the permittee of best management practices. The commissioner
may also require implementation of best management practices if the
commissioner finds that this requirement is necessary to achieve compliance
with an effluent limitation, standard, or prohibition or to comply with
Minnesota or federal statutes or rules, including requirements for the control
of toxic pollutants and hazardous substances from ancillary activities.
Subp. 4.
Reporting
violations.
The commissioner shall include as a condition of the permit
that the permittee shall report, in accordance with part
7001.0150, subpart
3, item K, all violations of
maximum daily discharge limitations for certain pollutants. The pollutants must
be listed in the permit.
Subp.
5.
Monitoring requirements.
In addition to the requirements in part
7001.0150, subpart
2, the commissioner shall
establish appropriate monitoring and reporting of monitoring requirements to
ensure compliance with permit limitations. These requirements must
include:
A. a specification of the
appropriate measurement to be reported for each pollutant limited in the
permit;
B. the volume of effluent
discharged from each outfall;
C.
any other measurement needed to determine compliance with a permit
condition;
D. specification as to
any test procedures which the permittee is required to use which differ from
those set forth in Code of Federal Regulations, title 40, part 136;
and
E. specification of the
frequency of monitoring and monitoring reporting. In no case may the frequency
of monitoring and monitoring reporting be less than once per year.
Subp. 6.
Pretreatment
requirements for publicly owned treatment works.
If the applicant proposes to own or operate a publicly owned
treatment works and if the applicant is required by part
7049.0800 to develop a publicly
owned treatment works pretreatment program, the commissioner shall:
A. incorporate the provisions of the approved
publicly owned treatment works pretreatment program into the permit and require
the permittee to submit the information in part
7049.1020; or
B. if the publicly owned treatment works does
not have an approved pretreatment program, incorporate into the permit a
compliance schedule for development of an approvable pretreatment program. The
schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the development of a
pretreatment program. No increment in the schedule shall exceed nine months.
The permit shall also require the permittee to submit to the commissioner,
within 14 days following each date in the schedule progress, reports stating
whether or not the permittee has complied with the increment of progress to be
met on such date and, if not, the date on which the permittee expects to comply
with this increment of progress, the reason for delay, and the steps taken to
return to the schedule. In no event shall more than nine months elapse between
progress reports to the commissioner.
Subp. 7.
Conditions imposed in
construction grants.
If the applicant is using construction grant funds to
construct or operate its wastewater treatment facility, the commissioner shall
incorporate into the permit any provisions of the grant that relate to the
achievement of compliance with effluent limitations, standards, or prohibitions
or with water quality standards.
Subp.
8.
Conditions related to navigation.
The commissioner shall incorporate into the permit conditions
that are necessary to ensure that navigation and anchorage will not be
substantially impaired.
Subp.
9.
Conditions in reissued permits.
In a reissued permit the commissioner shall establish
effluent limitations, standards, or prohibitions that are at least as stringent
as the effluent limitations, standards, or prohibitions or conditions in the
previous permit unless the commissioner establishes less stringent effluent
limitations, standards, or prohibitions in accordance with part
7050.0212.