Appendix B - Additional Requirements Applicable to Existing Manufacturing, Commercial, Mining and Silviculture Discharges
(a) Application requirements. Existing manufacturing, commercial, mining, and silviculture discharges applying for permits, except for those facilities which discharge only non-process wastewater, shall provide the following information, in addition to that described in Section 5(a) (v), to the administrator, using the application forms provided by the administrator.
(i) A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification required in paragraph (a) (ii) of this appendix. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.
(ii) Average flows and treatment. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations, or production areas may be described in general terms (for example, "dye-making reactor," "distillation tower") For a privately owned treatment works, this information shall include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated.
(iii) Intermittent flows. If any of the discharges described in paragraph (a) (ii) of this appendix are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence (except for storm water runoff, spillage or leaks).
(iv) Maximum production. If an effluent guideline listed in Section 5(c) of these regulations applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's actual production reported in the units used in the applicant effluent limitation. The reported measure must reflect the actual production of the facility.
(v) Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project and projected final compliance dates.
(vi) Quantitative data. At a minimum, the applicant shall submit quantitative data for pollutants in the discharge as provided in this paragraph and in paragraph (a) (vi) (G) of this appendix. For purposes of this paragraph, an applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant.
(A) Every applicant must report quantitative data for every outfall for the following pollutants:
(I) Biochemical Oxygen Demand (BOD5),
(II) Chemical Oxygen Demand,
(III) Total Organic Carbon,
(IV) Total Suspended Solids,
(V) Ammonia (as N),
(VI) Temperature (both winter and summer), and
(VII) pH.
(B) The administrator may waive the reporting requirements for individual point sources or for a particular industry category for one or more of the pollutants listed in paragraph (a) (vi) (A) of this appendix if the applicant has demonstrated that such a waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.
(C) Each applicant with processes in one or more primary industry category (see Appendix A to 40 CFR Part 122) contributing to a discharge must report quantitative data for the following pollutants in each outfall containing process wastewater:
(I) The organic toxic pollutants in the fractions designated in 40 CFR Part 122, Table I of Appendix D for the applicant's industrial category or categories. Table II of Appendix D lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromatography/mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant's inclusion in that category for any other purposes.
(II) The pollutants listed in 40 CFR Part 122, Table III of Appendix D (the toxic metals, cyanide, and total phenols).
(D) Each applicant must indicate whether they know or have reason to believe that any of the pollutants as described in (I) or (II) below is discharged from each outfall.
(I) Any of the pollutants in Table IV of Appendix D (certain conventional and non-conventional pollutants) of 40 CFR Part 122. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.
(II) Any of the pollutants listed in Table II or Table III of Appendix D (the toxic pollutants and total phenols) of 40 CFR Part 122 for which quantitative data are not otherwise required under paragraph (a) (vi) (C) of this appendix. For every pollutant expected to be discharged in concentrations of 10 ppb or greater the applicant must report quantitative data For acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, where any of these four pollutants are expected to be discharged in concentrations of 100 ppb or greater, the applicant must report qualitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged.
(E) Each applicant must indicate whether they know or have reason to believe that any of the pollutants in Table V of Appendix D of 40 CFR Part 122 (certain hazardous substances and asbestos) are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant.
(F) For purposes of paragraphs (C) and (D) above, the applicant need not provide quantitative data if the pollutant is present in the discharge solely as a result of the presence in intake water. However, the applicant must report such pollutant as present.
(G) Each applicant must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if they:
(I) Use or manufacture 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorphenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or
(II) Know or have reason to believe that TCDD is or may be present in an effluent.
(vii) When quantitative data for a pollutant are required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR Part 136. When no analytical method is approved the applicant may use any suitable method but must provide a description of the method.
(A) When an applicant has two (2) or more outfalls with substantially identical effluents, the department may allow the applicant to test only one (1) outfall and report that the quantitative data also apply to the substantially identical outfalls.
(B) Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform and fecal streptococcus.
(C) For all other pollutants, 24-hour composite samples must be used. However, a minimum of one (1) grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24-hours. In addition, for discharges other than storm water discharges, the administrator may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is infeasible and that the minimum of four (4) grab samples will be a representative sample of the effluent being discharged.
(viii) Used or manufactured toxins. A listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or byproduct. The administrator may waive or modify this requirement for any applicant who demonstrates that it would be unduly burdensome to identify each toxic pollutant if the administrator has adequate information to issue the permit.
(ix) An identification of any whole effluent toxicity tests which the applicant knows or has reason to believe has been made within the last three (3) years on any of the applicant's discharges or on a receiving water in relation to a discharge.
(x) Contract analyses. If a contract laboratory or consulting firm performed any of the analyses required in paragraphs (a) (vi) or (a) (vii) of this appendix, the applicant shall identify each laboratory or firm and the analyses performed.
(xi) Small business exemption. An applicant which qualifies as a small business under one of the following criteria is exempt from the requirements in Appendix B (a) (vi) (C) (I) and the Table II quantitative requirement of Appendix B (a) (vi) (D) (II):
(A) For coal mines, the probable total annual production is less than 100,000 tons per year.
(B) For all other applicants, the gross total annual sales average less than $100,000 per year (in second quarter 1980 dollars).
(b) Notification of routine toxic discharges not limited in the permit. Permits for existing manufacturing, commercial, mining and silvicultural discharges shall require that the permittee report to the administrator as soon as the permittee knows or has reason to believe that any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following notification levels:
(i) One hundred micrograms per liter (100 ug/l);
(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application; or
(iv) The notification level established by the director in accordance with Section 5(c) of these regulations.
(c) Notification of non-routine toxic discharges not limited in the permit Permits for existing manufacturing, commercial, mining and silvicultural discharges shall require that the permittee report to the director as soon as the permittee knows or has reason to believe that any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of any toxic pollutant which is not limited in the permit , if that discharge will exceed the highest of the following notification levels:
(i) Five hundred micrograms per liter (500 ug/l);
(ii) One milligram per liter (1 mg/l) for antimony;
(iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application; or
(iv) The notification level established by the administrator in accordance with Section 5(c) of these regulations.