Current through Register Vol. 56, No. 24, December 18, 2024
(a) The
discharge permit shall include technology based effluent limitations to control
all toxic pollutants which the Department determines are or may be discharged
at a level greater than the level which can be achieved by the technology-based
requirements appropriate to the permittee under
N.J.A.C.
7:14A-13.3(b)2.
(b) The Department may determine that
surrogate limitations established in accordance with
N.J.A.C.
7:14A-13.10 will provide controls for one or
more of the pollutants identified under (a) above.
(c) In setting case-by-case technology based
limitations, the following factors shall be considered:
1. For best practicable control technology
(BPT) requirements:
i. The total cost of
application of technology in relation to the effluent reduction benefits to be
achieved;
ii. The age of the
equipment and facilities involved;
iii. The process employed;
iv. The engineering aspects of the
application of various types of control techniques;
v. Process changes; and
vi. Non-water quality environmental impacts,
including energy requirements.
2. For best conventional pollutant control
technology (BCT) requirements:
i. The
reasonableness of the relationship between the costs of attaining a reduction
in the pollutant(s) and the benefits derived from the pollutant
reduction;
ii. Cost and level of
treatment comparisons between DTWs and a class or category of industrial
sources;
iii. The age of the
equipment and facilities involved;
iv. The process employed;
v. The engineering aspects of the application
of various types of control techniques;
vi. Process changes; and
vii. Non-water quality environmental impacts,
including energy requirements.
3. For best available technology (BAT)
requirements for toxic pollutants and non-conventional pollutants:
i. The age of the equipment and facilities
involved;
ii. The process
employed;
iii. The engineering
aspects of the application of various types of control techniques;
iv. Process changes; and
v. Non-water quality environmental impacts,
including energy requirements.
(d) The Department shall set a permit limit
for a conventional pollutant at a level more stringent than the best
conventional pollutant control technology, or a limit for a nonconventional
pollutant which shall not be subject to modification under Section 301(c) or
(g) of the Federal Act, where either (d)1 or 2 below apply. The permit fact
sheet required by
N.J.A.C.
7:14A-15.8 shall set forth the basis for the
limitation, including a finding that compliance with the limitation will result
in the BAT level of control of the toxic or hazardous pollutant discharges
identified, and a finding that it would be economically or technically
infeasible to directly limit the toxic or hazardous pollutant(s).
1. Effluent limitations guidelines specify
the pollutant as a surrogate for a toxic or hazardous pollutant; or
2. The limitation reflects the BAT level of
control of the discharge of one or more toxic or hazardous pollutants which are
present in a waste stream, and a specific BAT limitation upon the toxic or
hazardous pollutant(s) is not feasible for economic or technical reasons. The
permit shall identify which toxic or hazardous pollutants are intended to be
controlled by the use of the limitation.
(e) The Department shall set a permit limit
for a conventional pollutant at a level more stringent than best conventional
pollutant control technology when:
1.
Effluent limitations guidelines specify the pollutant as an indicator for a
hazardous substance; or
2. The
limitation reflects best available technology level of control of the discharge
of one or more hazardous substances which are present in a waste stream, and a
specific best available technology limitation upon the hazardous substance(s)
is not feasible for economic or technical reasons. The permit shall identify
which hazardous substances are intended to be controlled by the use of the
limitation. The statement of basis under
N.J.A.C.
7:14A-15.7 or the permit fact sheet required
by N.J.A.C. 7:14A-15.8 and 40 CFR Part
124.56 shall set forth the basis for the limitation, including a finding that
compliance with the limitation will result in the best available technology
level of control of the hazardous substances identified in the discharge, and a
finding that it would be economically or technically infeasible to directly
limit the hazardous substance(s).
(f) The Department shall not set a more
stringent limit under (d) or (e) above if the method of treatment required to
comply with the limit differs from that which would be required if the toxic
pollutants or hazardous substances controlled by the limitation were limited
directly.
(g) Toxic pollutants
identified under (d) above shall be subject to the provisions of
N.J.A.C.
7:14A-11.2 concerning establishing permit
conditions.
(i) Technology based
treatment requirements shall be applied prior to or at the point of
discharge.
(j) Technology based
treatment requirements cannot be satisfied through the use of non-treatment
techniques such as flow augmentation and instream mechanical aerators. However,
these techniques may be considered as an acceptable method of achieving ambient
water quality standards on a case-by-case basis when:
1. The technology based treatment
requirements applicable to the discharge are not sufficient to meet the ambient
water quality standards;
2. The
discharger waives any opportunity to request a variance under section 301(c),
(g), or (h) of the Federal Act; and
3. The discharger demonstrates that such a
technique is the preferred environmental and economic method to achieve the
ambient water quality standards after consideration of alternatives such as
advanced waste treatment, recycle and reuse, land disposal, changes in
operating methods, and other available options.
(k) Except as provided below, technology
based effluent limitations imposed in permits shall not be adjusted for
pollutants in the intake water.
1. Upon
request of the discharger, technology based effluent limitations or standards
shall be adjusted to reflect credit for pollutants in the discharger's intake
water if:
i. The applicable effluent
standards specifically provide that they may be applied on a net basis;
or
ii. The discharger demonstrates
that the control system it proposes or uses to meet applicable technology based
limitations and standards would, if properly installed and operated, meet the
effluent limitations and standards in the absence of pollutants in the intake
water;
2. The permit
includes conditions requiring:
i. The
permittee to conduct additional monitoring (for example, for flow and
concentration of pollutants) as necessary to determine continued eligibility
for and compliance with any such adjustments; and
ii. The permittee to notify the Department if
eligibility for an adjustment under this section may no longer be applicable.
In that case, the permit shall be modified accordingly under
N.J.A.C.
7:14A-16.4(b)8;
3. Credit for generic pollutants
such as biochemical oxygen demand (BOD) or total suspended solids (TSS) shall
not be granted unless the permittee demonstrates that the constituents of the
generic measure in the effluent are substantially similar to the constituents
of the generic measure in the intake water or unless appropriate additional
limits are placed on process water pollutants either at the outfall or
elsewhere;
4. Credit shall be
granted only to the extent necessary to meet the applicable limitation or
standard, up to a maximum value equal to the influent value. Additional
monitoring may be necessary to determine continued eligibility for credits and
compliance with permit limits;
5.
Credit shall be granted only if the discharger demonstrates that the intake
water is drawn from the same body of water into which the discharge is made.
For the purposes of this provision, same body of water means any hydrologically
connected waterbody provided chemical characteristics are essentially
identical. Chemical characteristics may be evaluated on a parameter by
parameter basis; and
6. The
discharge of raw water clarifier sludge generated from the treatment of intake
water shall not be adjusted for pollutants in the intake water.
(l) The development of technology
based effluent limitations shall incorporate alternative effluent limitations
or standards where warranted by fundamentally different factors under
N.J.A.C.
7:14A-11.7(b)1.
(m) Technology based effluent limitations
shall be established under this section for solids, sludges, filter backwash,
and other pollutants removed in the course of treatment or control of
wastewaters in the same manner as for other pollutants.
