Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.14 - Establishing Limitations, Standards, And Other Permit Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to
				permit conditions required under Rule
				335-6-6-.12 and Rule
				335-6-6-.13, the Director shall
				establish permit conditions, as required on a case-by-case basis, to provide
				for and ensure compliance with all applicable requirements. An applicable
				requirement is a state statutory or regulatory requirement which takes effect
				prior to final administrative disposition of a permit. An applicable
				requirement is also any requirement which takes effect prior to the
				modification or revocation and reissuance of a permit.
(2) All applicable requirements shall be
				incorporated into each NPDES permit either expressly or by reference. If
				incorporated by reference, a specific citation to the applicable requirements
				must be given in the permit.
(3)
				Each NPDES permit shall include conditions meeting the following requirements
				where applicable:
(a) Technology-based
				effluent limitations and standards based on effluent limitations and standards
				promulgated under Section 301 of the FWPCA or new source performance standards
				promulgated under Section 306 of the FWPCA, or case-by-case effluent
				limitations determined under Section 402(a)(1) of the FWPCA when technology
				based standards or new source performance standards have not been promulgated,
				or on a combination of the two. Application of technology-based effluent
				limitations shall be in accordance with 40 CFR Part 125 (2007) Subpart
				A.
(b) Other applicable effluent
				limitations and standards under Sections 301, 302, 303, 304, 307, 318, and 405
				of the FWPCA and applicable effluent guidelines and standards under 40 CFR
				(2007) Subchapter N. If any applicable toxic effluent standard or prohibition
				(including any schedule of compliance specified in such effluent standard or
				prohibition) is promulgated under Section 307(a) of the FWPCA for a toxic
				pollutant and that standard is more stringent than any limitation on the
				pollutant in the permit, the Director shall institute proceedings to modify or
				revoke and reissue the permit to conform to the toxic effluent standard or
				prohibition.
(c) Where applicable,
				requirements for secondary treatment shall be in accordance with the
				Department's Water Quality Criteria, Section V, and 40 CFR Part 133
				(2007).
(d) A reopener clause that
				requires permit modification or permit revocation and reissuance to include the
				requirements of any applicable standard or limitation that is promulgated under
				Sections 301(b)(2)(C), (D), (E), and (F), 304(b)(2), and 307(a)(2) of the FWPCA
				after the permit is issued and when that effluent standard or limitation is
				more stringent than any effluent limitation in the permit or controls a
				pollutant not limited in the permit and that requires permit modification or
				permit revocation and reissuance to correct any water quality standard
				violation caused by the permitted discharge shall be included in all
				permits.
(e) Other requirements in
				addition to or more stringent than promulgated effluent limitations guidelines
				or standards under Sections 301, 304, 306, 307, 318, and 405 of the FWPCA shall
				be included where necessary to:
1. Achieve
				water quality standards established under Section 303 of the FWPCA and (AWPCA)
Code of Ala. 1975
, §
											22-22-9(g)
				(1984);
(i) Limitations must be applied to
				control all pollutants or pollutant parameters which the Director determines
				are or may be discharged at a level which will cause, have reasonable potential
				to cause, or contribute to an exceedance of a narrative or numerical water
				quality standard;
(ii) Procedures
				which account for existing controls on point and nonpoint sources of pollution,
				the variability of the pollutant or pollutant parameter in the discharge, the
				sensitivity of the species to toxicity testing (when evaluating whole effluent
				toxicity) and where appropriate the dilution of the effluent in the receiving
				water shall be considered when determining whether a discharge will cause, have
				reasonable potential to cause, or contribute to an exceedance of a narrative or
				numerical water quality standard;
(iii) When the Director determines that a
				discharge will cause, have reasonable potential to cause, or contribute to an
				exceedance of a narrative or numerical water quality standard for an individual
				pollutant, the permit shall contain a discharge limit for that
				pollutant;
(iv) Except when it can
				be determined using the methods described in subparagraph
				335-6-6-.14(3)(e)1.(ii),
				that chemical specific limits are sufficient to attain and maintain the
				narrative toxicity water quality standard, the permit shall contain effluent
				limits for whole effluent toxicity sufficient to attain and maintain the
				narrative standard.
2.
				Attain or maintain a specified water quality through water quality related
				effluent limits;
3. Conform to
				applicable water quality requirements under Section 401(a)(2) of the FWPCA when
				the discharge affects another state;
4. Incorporate any more stringent
				limitations, standards, or schedule of compliance requirements established
				under federal or state law or regulations in accordance with Section
				301(b)(1)(C) of the FWPCA;
5.
				Ensure consistency with the requirements of a Water Quality Management Plan
				approved by EPA under Section 208(b) of the FWPCA;
6. Incorporate Section 403(c) (FWPCA)
				criteria under 40 CFR Part 125 (1994), Subpart M, for ocean discharges;
				and
7. Incorporate alternative
				effluent limitations or standards where warranted by "fundamentally different
				factors", under 40 CFR Part 125 (2007), Subpart D.; and
8. Incorporate effluent limits developed to
				protect a narrative water quality criterion, a numeric water quality criterion,
				or both, consistent with the requirements of any applicable total maximum daily
				load allocation established pursuant to section 303(d) of the FWPCA and 40 CFR
				Part 130.7 (2007).
(f)
				Toxic Pollutants. Limitations established under subparagraphs
				335-6-6-.14(3)(a), (b), or
				(e), to control pollutants meeting the
				criteria listed in subparagraph
				335-6-6-.14(3)(f)1.
				shall be included. Limitations will be established in accordance with
				subparagraph
				335-6-6-.14(3)(f)2.
				An explanation of the development of these limitations shall be included in the
				permit rationale and (if prepared) fact sheet. Permit conditions for toxic
				pollutants shall be in accordance with the requirements of 40 CFR Part 129
				(2007).
1. Limitations must control all toxic
				pollutants which the Director determines (based on information reported in a
				permit application or in a notification under paragraph
				335-6-6-.13(a)
				or on other information) are or may be discharged at a level greater than the
				level which can be achieved by the technology-based treatment requirements
				appropriate to the permittee under 40 CFR Part 125.3 (2007) or in
				concentrations which would cause violations of state water quality standards in
				the receiving stream.
2. The
				requirement that the limitations control the pollutants meeting the criteria of
				subparagraph
				335-6-6-.14(3)(f)1.
				will be satisfied by:
(i) Limitations on
				those pollutants;
(ii) Limitations
				on other pollutants which, in the judgment of the Director, will represent
				treatment of the pollutants under subparagraph
				335-6-6-.14(3)(f)1.
				to the levels required by technology-based treatment requirements under 40 CFR
				Part 125.3(c) (2007); and/or
(iii)
				Whole effluent toxicity limits.
3. When no individual water quality standard
				exists for a substance that the Director determines to be present in
				concentrations that represent a potential to cause a violation of a narrative
				water quality standard(s), limitations on the discharge of the substance shall
				be based on the review of any applicable data available to the Department.
				Information that may be considered includes, but is not limited, to the
				following:
(i) EPA water quality criteria or
				other EPA documents that suggest or predict an acceptable instream pollutant
				concentration,
(ii) Information
				that may be available from the Food and Drug Administration,
(iii) Scientific information available to the
				permit writer,
(iv) Review of
				practices employed by agencies of other states and their success in achieving
				compliance with the standard,
(v)
				Toxicity or other testing performed by the Department or by the permit
				applicant and others, testing must be in accordance with good scientific
				practice and must be quality controlled, and
(vi) When information sufficient to develop a
				permit limit is not available to the Department, whole effluent toxicity
				testing may be substituted for a numerical permit limitation.
(g) Notification Level.
				A notification level which exceeds the notification level of paragraph
				335-6-6-.13(a) or
				(b) may be included and upon petition from
				the permittee or on the Director's initiative. This new notification level may
				not exceed the level which can be achieved by technology based treatment
				requirements appropriate to the permittee under 40 CFR Part 125.3(c)
				(2007).
(h) Twenty-four Hour
				Reporting. Pollutants for which the permittee must report violations of
				discharge limitations under subparagraph
				335-6-6-.12(1)6.(i)
				shall be listed in the permit. This list shall include any toxic pollutant,
				hazardous substance, any pollutant specifically identified as the method to
				control a toxic pollutant or hazardous substance, or any other pollutant
				specified by the Director.
(i)
				Monitoring Requirements. To ensure compliance with permit limitations, the
				permit shall include requirements to monitor:
1. The mass, or other measurement specified
				in the permit, for each pollutant limited in the permit;
2. The volume of effluent discharged from
				each outfall, except when the volume is not required to evaluate the
				discharge's impact on water quality or compliance with effluent or treatment
				standards;
3. The determination of
				the toxicity of the effluent by whole effluent biological testing, as
				necessary;
4. Other measurement as
				appropriate; including pollutants in internal waste streams; pollutants in
				intake water for net limitations; frequency, rate of discharge, etc., for
				noncontinuous discharges; and pollutants subject to notification requirements;
				and
5. According to sufficiently
				sensitive test procedures (i.e., methods) approved under 40 CFR Part 136 for
				the analysis of pollutants or pollutant parameters or required under 40 CFR
				chapter I, subchapter N.
(i) For the purposes
				of subparagraph
				335-6-6-.14(3)(i)5.,
				a method is "sufficiently sensitive" when:
(I) The method minimum level (ML) is at or
				below the level of the effluent limit established in the permit for the
				measured pollutant or pollutant parameter; or
(II) The method has the lowest ML of the
				analytical methods approved under 40 CFR Part 136 or required under 40 CFR
				chapter I, subchapter N for the measured pollutant or pollutant
				parameter.
(ii) In the
				case of pollutants or pollutant parameters for which there are no approved
				methods under 40 CFR Part 136 or methods are not otherwise required under 40
				CFR chapter I, subchapter N, monitoring shall be conducted according to a test
				procedure specified in the permit for such pollutants or pollutant
				parameters.
(iii) With respect to
				subparagraph
				335-6-6-.14(3)(i)5.(i),
				applicants or permittees have the option of providing matrix or sample specific
				minimum levels rather than the levels published in 40 CFR Part 136. Further,
				where an applicant or permittee can demonstrate that, despite a good faith
				effort to use a method that would otherwise meet the definition of
				"sufficiently sensitive", the analytical results are not consistent with the
				QA/QC specifications for that method, then the Director may determine that the
				method is not performing adequately, and the Director shall select a different
				method from the remaining EPA-approved methods that is sufficiently sensitive
				consistent with subparagraph
				335-6-6-.14(3)(i)5.(i).
				Where no other EPA-approved methods exist, the Director should select a method
				consistent with subparagraph
				335-6-6-.14(3)(i)5.(ii).
(j) Pretreatment
				Program for POTW's. Requirement for POTW's to:
1. Comply with the provisions of paragraph
				335-6-6-.13(b);
2. Identify, in terms of character and volume
				of pollutants, any indirect discharges into the POTW subject to pretreatment
				standards under Section 307(b) of the FWPCA, general and specific prohibitions
				under 40 CFR Part 403 (2007), and subject to permitting requirements under
				chapter 335-6-5;
3. Submit a local
				program, when required by and in accordance with 40 CFR Part 403 (2007), and
				chapter 335-6-5 of these regulations, to ensure compliance with pretreatment
				standards as applicable under Section 307(b) of the FWPCA. The local program
				shall be incorporated into the permit as described in 40 CFR Part 403 (2007).
				The Department may choose to assume responsibility for any or all of these
				requirements. When the Department assumes partial responsibility, the local
				program shall address those requirements not assumed by the
				Department.
(k) Best
				Management Practices: to control or abate the discharge of pollutants when:
1. The practices are reasonably necessary to
				achieve effluent limitations and standards or to carry out the purposes and
				intent of the FWPCA and the AWPCA or;
2. Numeric discharge limitations are
				infeasible; (l) Reissued Permits.
1. Except
				as provided in subparagraph
				335-6-6-.14(3)(e)2.,
				when a permit is renewed, modified, or reissued, limitations, standards or
				conditions shall be included which are at least as stringent as the final
				limitations, standards, or conditions in the previous permit unless the
				circumstances on which the previous permit was based have materially and
				substantially changed since the time the permit was issued and would constitute
				cause for permit modification or revocation and reissuance under Rule
				335-6-6-.17.
2. When effluent limitations were imposed
				under Section 402 (a)(1) of the FWPCA in a previously issued permit and these
				limitations are more stringent than the subsequently promulgated effluent
				guidelines, subparagraph
				335-6-6-.14(3)(e)1.
				shall apply unless:
(i) The permittee has
				installed the waste treatment facilities required to meet the effluent
				limitations in the previous permit and has properly operated and maintained the
				facilities but has nevertheless been unable to achieve the previous effluent
				limitations. In this case the limitations in the renewed or reissued permit may
				reflect the level of pollutant control actually achieved, but shall not be less
				stringent than required by the subsequently promulgated effluent limitation
				guidelines;
(ii) The circumstances
				on which the previous permit was based have materially and substantially
				changed since the time the permit was issued and would constitute cause for
				permit modification or revocation and reissuance under Rule
				335-6-6-.17;
(iii) There is increased production at the
				facility which results in significant reduction in treatment efficiency, in
				which case the permit limitations will be adjusted to reflect any decreased
				efficiency resulting from increased production and raw waste loads, but in no
				event shall permit limitations be less stringent than those required by
				subsequently promulgated standards and limitations;
(iv) The Director determines that technical
				mistakes or mistaken interpretations of the law were made in issuing the
				permit; or
(v) The permittee has
				received permit modification under Clean Water Act Sections 301(c), 301(g),
				301(h), 301(i), 301(k), 301(n), or 316(a).
3. In any case, discharge limitations shall
				not be less stringent than required to meet water quality standards.
(m) Grants. Any
				conditions imposed in grants made by the Administrator to POTW's under Sections
				201 and 204 of the FWPCA which are reasonably necessary for the achievement of
				effluent limitations under Section 301 of the FWPCA.
(n) Sewage Sludge. Requirements under Section
				405 of the FWPCA governing the disposal of sewage sludge from publicly owned
				treatment works and privately owned treatment works, in accordance with any
				applicable regulations and requirements of 40 CFR Parts 122, 123, 124, 501, and
				503 (2007).
(o) Other Sludge.
				Requirements under appropriate state and federal laws governing solid waste
				disposal or other requirements to ensure that sludges are disposed of in an
				environmentally acceptable manner.