Section 327 IAC 5-20-4 - Continuation or withdrawal of 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. 4.
(a) After a POTW has received authorization to grant removal credits for a particular pollutant regulated in a categorical pretreatment standard, it may automatically extend that removal credit to the same pollutant when it is regulated in other categorical standards, unless granting the removal credit will cause the POTW to violate its sludge requirements or its NPDES permit limits and conditions. If a POTW elects at a later time to extend removal credits to a certain categorical pretreatment standard, industrial subcategory, or one (1) or more industrial users that initially were not granted removal credits, it must notify the control authority.(b) Following authorization to revise discharge limits from categorical pretreatment standards, the POTW shall continue to monitor and report on the POTW's removal capabilities for all pollutants for which authority to revise limits has been granted. The report shall contain the information required by section 2(b)(2)(A), 2(b)(2)(B), 2(b)(5), and 2(b)(6) of this rule. The data obtained for purposes of this report must be obtained through a composite sample taken on three (3) consecutive days during the reporting period and meet the requirements of section 2(b)(2)(C) of this rule. If no categorical pretreatment standards are yet promulgated relative to the industrial users of a POTW receiving authorization to revise discharge limits or if the POTW has received provisional authorization to revise limits under section 3(b) of this rule, the initial report shall be submitted to the commissioner within sixty (60) days after the earliest date of promulgation of an applicable categorical standard or the date the discharge of pollutants for which provisional authorization was granted commences. In all other cases, the initial report shall be submitted within six (6) months after the date authorization to revise limits was granted. Subsequent reports shall be submitted at six (6) month intervals unless required more frequently by the commissioner.(c) Approval of authority to revise categorical pretreatment standards will be reexamined whenever the POTW's NPDES permit is reissued or whenever the categorical pretreatment standard is revised by EPA unless the commissioner determines the need to reevaluate the authority earlier as required by subsection (e). In addition, where overflows of untreated waste by the POTW continue to occur, the commissioner may condition continued authorization to revise discharge limits upon the POTW performing additional analysis or implementing additional control measures as is consistent with departmental policy toward POTW bypasses.(d) After authority to revise discharge limits for a specified pollutant is granted, the revised discharge limits for industrial users of the POTW's system, as well as the consistent removal documented by the POTW for that pollutant, and the other conditions of section 1 of this rule shall be included in the POTW's NPDES permit upon the earliest reissuance or modification (at or following the POTW pretreatment program approval) and shall become enforceable requirements of the POTW's NPDES permit. The removal credits will remain in effect for the term of the POTW's NPDES permit, provided the POTW maintains compliance with the conditions of this rule.(e) If, on the basis of pollutant removal capability reports received as required by subsection (b) or other information available to it, the commissioner determines that: (1) one (1) or more of the discharge limit revisions made by the POTW or the POTW itself no longer meets the requirements of section 1 of this rule; or(2) such discharge limit revisions are causing or significantly contributing to a violation of any conditions or limits contained in the POTW's NPDES permit; then the commissioner shall notify the POTW and, if appropriate corrective action is not taken within a reasonable time, not to exceed sixty (60) days (unless the POTW or the affected industrial users demonstrate that a longer time period is reasonably necessary to undertake the appropriate corrective action), either withdraw or require modifications in the revised discharge limits.
(f) The commissioner shall not withdraw or modify revised discharge limits according to subsection (e) without doing the following:(1) Notifying the POTW and all industrial users to whom revised discharge limits have been applied of the information required by subdivision (2).(2) Giving written notice of the following: (A) The reasons for such withdrawal or modification.(B) The time to be allowed for new compliance dates.(3) Providing an opportunity for a hearing.(g) After receiving notice of withdrawal or modification from the commissioner according to subsections (e) and (f), all industrial users to whom revised discharge limits had been applied shall be subject to the modified limits or the discharge limits prescribed in the applicable categorical pretreatment standards, as appropriate, and shall achieve compliance with such limits within a reasonable time, though not in excess of the time period prescribed in the applicable categorical pretreatment standard, as may be specified by the commissioner.Water Pollution Control Board; 327 IAC 5-20-4; filed Oct 10, 2000, 3:02 p.m.: 24 IR 313