Current through September 24, 2024
(1) General.
Either the Approval Authority or a WWF with an approved WWF Pretreatment
Program may initiate program modification at any time to reflect changing
conditions at the WWF. Program modification is necessary whenever there is a
significant change in the operation of a WWF Pretreatment Program that differs
from the information in the WWF's submission, as approved under Rule
0400-40-14-.11.
(2) Substantial modifications
defined. Substantial modifications include:
(a) Modifications that relax WWF legal
authorities (as described in subparagraph (6)(a) of Rule
0400-40-14-.08), except for
modifications that directly reflect a revision to this chapter or to 40 C.F.R.
chapter I, subchapter N, and are reported pursuant to paragraph (4) of this
rule;
(b) Modifications that relax
local limits, except for the modifications to local limits for pH and
reallocations of the Maximum Allowable Industrial Loading of a pollutant that
do not increase the total industrial loadings for the pollutant, which are
reported pursuant to paragraph (4) of this rule. Maximum Allowable Industrial
Loading means the total mass of a pollutant that all Industrial Users of a WWF
(or a subgroup of Industrial Users identified by the WWF) may discharge
pursuant to limits developed under paragraph (3) of Rule
0400-40-14-.05;
(c) Changes to the WWF's control mechanism,
as described in part (6)(a)3. of Rule
0400-40-14-.08;
(d) A decrease in the frequency of
self-monitoring or reporting required of industrial users;
(e) A decrease in the frequency of industrial
user inspections or sampling by the WWF;
(f) Changes to the WWF's confidentiality
procedures; and
(g) Other
modifications designated as substantial modifications by the Approval Authority
on the basis that the modification could have a significant impact on the
operation of the WWF's Pretreatment Program; could result in an increase in
pollutant loadings at the WWF; or could result in less stringent requirements
being imposed on Industrial Users of the WWF.
(3) Approval procedures for substantial
modifications.
(a) The WWF shall submit to the
Approval Authority a statement of the basis for the desired program
modification, a modified program description (see paragraph (2) of Rule
0400-40-14-.09), or such other
documents the Approval Authority determines to be necessary under the
circumstances.
(b) The Approval
Authority shall approve or disapprove the modification based on the
requirements of paragraph (6) of Rule
0400-40-14-.08 and using the
procedures in paragraphs (2) through (6) of Rule
0400-40-14-.11, except as
provided in subparagraphs (c) and (d) of this paragraph. The modification shall
become effective upon approval by the Approval Authority.
(c) The Approval Authority need not publish a
notice of decision under paragraph (5) of Rule
0400-40-14-.11 provided the
notice of request for approval under subparagraph (2)(a) of Rule
0400-40-14-.11 states that the
request will be approved if no comments are received by a date specified in the
notice; no substantive comments are received; and the request is approved
without change.
(d) Notices
required by Rule
0400-40-14-.11 may be performed
by the WWF provided that the Approval Authority finds that the WWF notice
otherwise satisfies the requirements of Rule
0400-40-14-.11.
(4) Approval procedures for
non-substantial modifications.
(a) The WWF
shall notify the Approval Authority of any non-substantial modification at
least 45 days prior to implementation by the WWF, in a statement similar to
that provided for in subparagraph (3)(a) of this rule.
(b) Within 45 days after the submission of
the WWF's statement, the Approval Authority shall notify the WWF of its
decision to approve or disapprove the non-substantial modification.
(c) If the Approval Authority does not notify
the WWF within 45 days of its decision to approve or deny the modification, or
to treat the modification as substantial under subparagraph (2)(g) of this
rule, the WWF may implement the modification.
(5) Incorporation in permit.
All
modifications shall be incorporated into the WWF's NPDES permit upon approval.
The permit will be modified to incorporate the approved modification in
accordance with 40 C.F.R.
§
122.63(g).
Authority: T.C.A. §§
4-5-201, et seq., and 69-3-101, et
seq.
