Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 5 - Permit Conditions - General › 18 AAC 83.520 - Production-based limitations

Current through May 31, 2024
(a) For a POTW,
				permit effluent limitations, standards, or prohibitions must be calculated
				based on design flow. Except for a POTW or as provided in (b) of this section,
				any permit limitations, standards, or prohibitions that are based on production
				or other measure of operation must be calculated on a reasonable measure of
				actual production of the facility, not on the designed production capacity. A
				new source or new discharger must estimate actual production based on projected
				production. The measure of production must be calculated over a time period
				corresponding to the time period of the calculated permit limitations; for
				example, monthly production must be used to calculate average monthly discharge
				limitations.
(b) The department may
				include a condition establishing alternate permit limitations, standards, or
				prohibitions based upon an anticipated decrease or increase in production
				levels, but not exceeding maximum production capability.
(c) For the automotive manufacturing industry
				only, the department may establish a condition under (b) of this section if the
				applicant satisfactorily demonstrates to the department when the application is
				submitted that its actual production is substantially below maximum production
				capability and actual production, as delineated in (a) of this section, has
				reasonable potential to increase during the term of the permit.
(d) If the department establishes permit
				conditions under (b) of this section, the permit must require the permittee to
(1) notify the department at least two
				business days before a month in which the permittee expects to operate at a
				level higher than the lowest production level identified in the permit; the
				notice must specify the anticipated level and the period during which the
				permittee expects to operate at the alternate level; if the notice covers more
				than one month, the notice must specify the reasons for the anticipated
				production level increase; a new notice of discharge at an alternate level is
				required to cover a period or production level not covered by a previous notice
				or, if during two consecutive months otherwise covered by a notice, the
				production level at the permitted facility does not in fact meet the higher
				level designated in the notice;
(2)
				comply with the limitations, standards, or prohibitions that correspond to the
				lowest level of production specified in the permit, unless the permittee has
				notified the department under (d)(1) of this section, in which case the
				permittee shall comply with the lower of the actual level of production during
				each month or the level specified in the notice; and
(3) submit with the discharge monitoring
				report the level of production that actually occurred during each month and the
				limitations, standards, or prohibitions applicable to that level of
				production.