Ala. Admin. Code r. 335-6-6-.20

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-6-6-.20 - Fact Sheets

(1) A fact sheet shall be prepared for every draft NPDES permit for a major NPDES facility, for every NPDES draft permit that incorporates a variance, for any permit that a fact sheet is required by 40 CFR 124.8(1994), and for every draft permit which the Director finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Director shall send this fact sheet to the applicant and, on request, to any other person.

(2) The fact sheet shall include, when applicable;

(a) a brief description of the type of facility or activity which is the subject of the draft permit;

(b) the type and quantity of wastes, or pollutants which are proposed to be treated or discharged;

(c) a summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;

(d) reasons why any requested variances or alternatives to required standards do or do not appear justified;

(e) any calculations or other necessary explanation of the derivation of specific discharge limitations and conditions, including a citation to the applicable effluent limitation guideline or performance standard provisions and reasons why they are applicable or an explanation of how alternate effluent limitations were developed;

(f) when the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:

1. limitations to control toxic pollutants;

2. limitations on internal waste streams;

3. limitations on indicator pollutants;

4. limitations for a new source or new discharger whose discharge has the potential to cause or contribute to the violation of a water quality standard;

5. limitations set on a case by case basis in accordance with 40 CFR Part 125.3(1989);

6. waivers from monitoring requirements granted under 40 CFR Part 122.44(a) (2000).

(g) when appropriate, sketch or detailed description of the location of the discharge described in the application;

(h) a description of the procedures for reaching a final decision on the draft permit including:

1. the beginning and ending dates of the public notice period and the address where comments will be received;

2. procedures for requesting a hearing and the nature of that hearing; and

3. any other procedures by which the public may participate in the final decision.

(i) name and telephone number of a person to contact for additional information; and

(j) permit rationales, permit applications and draft permits that contain information required to be included in a fact sheet may be referenced and attached to the fact sheet.

Authors: John Poole, Ed Hughes

Ala. Admin. Code r. 335-6-6-.20

October 19, 1979. Amended: January 24, 1989. Amended: Filed June 26, 2002; effective July 31, 2002.

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5.