Current through Register Vol. 56, No. 6, March 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 7:14A-13.3(b)2.
(b) The Department may determine that surrogate limitations established in accordance with 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 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 7:14A-15.7 or the permit fact sheet required by 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 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 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 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.
