Section 327 IAC 5-20-2 - Application for authorization to revise categorical standardsAuthority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 2.
(a) An application to revise discharge limits for specific pollutants for an industrial user that is, or in the future may be, subject to categorical pretreatment standards must be submitted to the commissioner by a POTW pursuant to this section. The initial application must be submitted after or concurrently with the POTW's request for approval of its POTW pretreatment program. Subsequent applications, if needed, may be submitted by a POTW no more than once every six (6) months upon the occurrence of one (1) or more of the following: (1) Promulgation of a categorical pretreatment standard since the previous application.(2) An industrial user with new or modified facilities or production changes results in the discharge of a pollutant to the POTW that was not previously discharged and is subject to a categorical standard.(3) Any significant increase in removal efficiency attributable to specific identifiable circumstances or corrective measures, such as: (A) improvements in operation and maintenance practices;(B) new treatment or treatment capacity; or(C) a significant change in the influent to the POTW treatment plant.(b) An application for authorization to revise discharge limits must include the following information:(1) A list of pollutants proposed for discharge limit revisions.(2) Influent and effluent operational data demonstrating consistent removal or other information, as permitted by the commissioner, that demonstrates consistent removal of the pollutants for which a removal allowance is proposed. These data must meet the following requirements: (A) The data must be representative of yearly and seasonal conditions to which the POTW is subjected for each pollutant proposed for a discharge limit revision.(B) The data must be representative of the quality and quantity of normal effluent and influent flow of the system if the data can be obtained. If the data are unobtainable, alternate data or information may be presented for approval to demonstrate consistent removal.(C) The influent and effluent operational data must be obtained through a minimum of twelve (12) composite samples taken at approximately equal intervals throughout one (1) calendar year and meeting the following requirements: (i) Each composite sample must consist of discrete, flow-proportional samples taken at equal time intervals not to exceed two (2) hours.(ii) The sampling period must be a minimum of twenty-four (24) hours and each effluent sample must be taken approximately one (1) detention time later than the corresponding influent sample except that, if the commissioner determines that a sampling schedule will not be representative of the actual operation of the POTW treatment plant, an alternative sampling schedule will be required. The detention time must be determined from the flow at the time sampling begins.(iii) If a particular pollutant is measurable in the influent but not in the effluent, the effluent level may be assumed to be the limit of quantitation, and those data may be used by the POTW in its discretion subject to approval by the commissioner.(iv) If the pollutant is not measurable in the influent, the data must not be used.(v) If there are less than eight (8) samples with influent concentrations equal to or above the limit of quantitation, the commissioner may approve alternate means, such as a mass balance, for demonstrating consistent removal. The samples must be evenly distributed over the days of the week so as to include nonworkdays as well as workdays. If the commissioner determines that this schedule will not be most representative of the actual operation of the POTW, an alternative sampling schedule will be approved.(vi) In addition, upon the commissioner's approval, a POTW may utilize an historical data base amassed prior to the effective data of this rule, provided that the data meets the requirements of this subdivision. In order for the historical data base to be approved, it must present a statistically valid description of daily, weekly, and seasonal sewage treatment plant loadings and performance for at least one (1) year.(D) Where composite sampling is not an appropriate sampling technique, a grab sample must be taken to obtain influent and effluent operational data and must meet the following requirements:(i) A grab sample is required, for example, when the parameters being evaluated are those that may not be held for any extended period because of biological, chemical, or physical interactions that take place after sample collection, therefore affecting the results.(ii) A grab sample is an individual sample and must be collected over a period of time not exceeding fifteen (15) minutes.(iii) Collection of influent grab samples must precede collection of effluent samples by approximately one (1) detention period.(E) The sampling and analysis required by clause (C) and this clause must be performed in accordance with the following:(i) Techniques prescribed in one (1) of the following: (AA)40 CFR 136 * and its amendments.(BB) Applicable categorical standards. (ii) Applicable sampling and analytical procedures approved by U.S. EPA if one (1) of the following situations exists to make the techniques listed in item (i) inapplicable: (AA) There is no sampling or analytical technique for the pollutant in question.(BB) The administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question.(F) Consistent removal for a specific pollutant must be determined as follows:(i) For each sample, the difference between the pollutant concentrations in the influent and effluent must be calculated and expressed as a percentage of the influent concentration.(ii) Removal for the pollutant must be calculated as the average of the lowest fifty percent (50%) of the individual sample removal results. If the number of samples with quantifiable results is between eight (8) and twelve (12), the removal must be calculated as the average of the lowest six (6) sample results.(iii) All sample data obtained for the measured pollutant according to clause (C) must be reported and used in calculating consistent removal.(iv) If an alternate means is approved by the commissioner under clause (C) for demonstrating consistent removal, then removal must be calculated as specifically provided by the commissioner.(3) A list of the industrial subcategories for which discharge limits in categorical pretreatment standards would be revised, including the number of industrial users in each subcategory and an identification of which of the pollutants on the list prepared under subdivision (1) are discharged by each subcategory.(4) The revised discharge limits proposed for each of the subcategories of industrial users identified in subdivision (3) calculated in the following manner: (A) The revised discharge limit proposed for the specified pollutant must be calculated using the following formula: Click here to view Image
Where: X = Pollutant discharge limit specified in the applicable categorical pretreatment standard (expressed in milligrams per liter).
r = POTW's consistent removal rate for that pollutant as established under this rule (percentage expressed as a decimal).
Y = Revised discharge limit for the specified pollutant (expressed in milligrams per liter).
(B) In the case of a POTW that either has combined sewers or has bypassed untreated wastewater into the receiving water at least once annually, and that claims consistent removal of a pollutant under section 1(c)(1) of this rule, the revised discharge limits proposed for the specific pollutant must be calculated using the following formula: Click here to view Image
Where: rm = POTW's consistent removal rate for a specific pollutant.
rc = Removal corrected by the overflow factor.
Z = Hours per year that overflow occurred between the industrial user and the POTW treatment plant, the hours either to be shown in the POTW's current NPDES permit application or the hours, as demonstrated by verifiable techniques, that a particular industrial user's discharge overflows between the industrial user and the POTW treatment plant.
(5) Data showing the concentrations and amounts of the pollutants in a POTW's sludge that are proposed for discharge limit revisions, and for which sludge disposal or use criteria applicable to the POTW's current method of sludge use or disposal have been published by U.S. EPA or the department must meet the following requirements: (A) The data must be obtained through a composite sample taken during each of the sampling periods selected to measure consistent removal in accordance with the requirements of subdivision (2)(C). Each composite sample must contain a minimum of twelve (12) discrete samples taken at equal time intervals over a twenty-four (24) hour period. Where a composite sample is not an appropriate sampling technique, grab samples must be taken.(B) Sampling and analysis of the samples referred to in clause (A) must be performed in accordance with the sampling and analytical techniques described in subdivision (2)(E).(6) A specific description of the following: (A) The POTW's current method of use or disposal of its sludge.(B) Data certifying that the current sludge use or disposal methods comply and will continue to comply with section 1(d) of this rule.(7) A certification that the POTW has an approved POTW pretreatment program or qualifies for the exception to this requirement found at section 1(c) of this rule.(8) A certification that the granting of removal credits will not cause a violation of the POTW's NPDES permit limits or conditions. (c) The application to revise categorical standards must contain the following: (1) Signature of one (1) of the following: (A) A principal executive officer.(B) A ranking elected official.(C) A duly authorized employee of the POTW, if the employee is responsible for overall operation of the POTW.(2) A certification by the signatory or an independent consulting engineer, if retained by the POTW to prepare the application, stating, "I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that this information was obtained in accordance with the requirements of 327 IAC 5-20-2(b). Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate, and complete.".(d) An application to revise categorical standards, upon its submittal by a POTW, will be reviewed, approved, or denied by the commissioner in accordance with the procedures of 327 IAC 5-19-5. Approval of an application only empowers the POTW to revise the specific discharge limits proposed under subsection (b)(4).(e) If the state has an approved pretreatment program, the regional administrator may agree in the Memorandum of Agreement under 40 CFR 123.24(d) * to waive the right to review and object to submissions for authority to grant removal credits. The agreement does not restrict the regional administrator's right to comment upon or object to permits issued to POTW's except to the extent 40 CFR 123.24(d) allows such a restriction.(f) Nothing in this rule precludes an industrial user or other interested party from assisting the POTW in preparing and presenting the information necessary to apply for authorization. *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
Water Pollution Control Board; 327 IAC 5-20-2; filed Oct 10, 2000, 3:02 p.m.: 24 IR 310; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1937Filed 9/6/2018, 11:50 a.m.: 20181003-IR-327170278FRA