Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1217 - Compliance schedules

Current through Vol. 24-12, July 15, 2024
Rule 1217.
(1) If
				  a permit issued to a new discharger contains a water quality-based effluent
				  limitation (WQBEL) for a toxic substance, then the permittee shall comply with
				  the limitation upon commencement of the discharge. Compliance schedules may be
				  granted for new or more stringent WQBELs contained in a modification to the
				  permit or subsequently issued permits.
(2) Any existing permit that is reissued or
				  modified to contain a new or more restrictive WQBEL for a toxic substance or a
				  lower quantification level established under R 323.1213 may allow a reasonable
				  period of time, up to 5 years from the date of permit issuance or modification,
				  for the permittee to comply with the new or more restrictive WQBEL or lower
				  quantification level. When a compliance schedule goes beyond the term of a
				  permit, an interim permit limit shall become effective on or before the permit
				  expiration date.
(3) If a permit
				  establishes a schedule of compliance under subrule (2) of this rule that
				  exceeds 1 year from the date of permit issuance or modification, then the
				  schedule shall set forth interim requirements and dates for achievement of the
				  requirements, as appropriate.
(4)
				  If a WQBEL for a toxic substance based upon a tier II value derived under R
				  323.1057 is included in a reissued or modified permit for an existing
				  discharger, then the permit shall provide a reasonable period of time, up to 2
				  years, in which to provide additional data necessary to develop a tier I value
				  or to modify the tier II value. Information submitted to modify the tier II
				  value may also include site-specific data and any such site-specific
				  modifications shall be calculated according to the site-specific modification
				  requirements of R 323.1057. The permit shall require compliance with the tier
				  II limitation within a reasonable period of time, which shall not be more than
				  5 years after permit issuance or modification, and shall contain a reopener
				  clause.
(5) The reopener clause
				  specified in subrule (4) of this rule shall authorize permit modifications if
				  additional data have been provided by the permittee or a third party during the
				  time allowed to provide the data and if the permittee or a third party
				  demonstrates that a revised WQBEL for a toxic substance is appropriate. The
				  revised WQBEL shall be incorporated through a permit modification and
				  areasonable time period, up to 5 years from the date of modification, shall be
				  allowed for compliance. If incorporated before the compliance date of the
				  original tier II limitation, any such revised WQBEL shall not be considered
				  less stringent for purposes of the antibacksliding provisions of section 402(o)
				  of the clean water act (CWA).
(6)
				  If the specified studies have been completed and do not demonstrate that a
				  revised WQBEL is appropriate, then the department shall provide a reasonable
				  additional period of time, not to exceed 5 years, to achieve compliance with
				  the original WQBEL.
(7) If future
				  studies other than those conducted under subrule (4) of this rule result in a
				  water quality value being changed to a less stringent value, after the
				  effective date of a WQBEL for that substance, the existing WQBEL may be revised
				  to be less stringent if 1 of the following provisions is met:
(a) The less stringent WQBEL complies with
				  sections 402(o)(2) and (3) of the clean water act.
(b) The less stringent WQBEL complies with
				  water quality standards or is consistent with a department-approved total
				  maximum daily load in nonattainment waters.
(c) The less stringent WQBEL complies with R
				  323.1098 in attained waters.