reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-4 - Criteria and Standards for Determining Fundamentally Different Factors Under Sections 301(b)(1)(A), 301(b)(2) (A) and (E) of the Clean Water Act [see 40 CFR 125, Subpart D] › Subsection 096-524-4-I - Purpose and scope

Current through 2024-29, July 17, 2024
(a) This section
				  establishes the criteria and standards to be used in determining whether
				  effluent limitations alternative to those required by promulgated EPA effluent
				  limitations guidelines under sections 301 and 304 of the Act (hereinafter
				  referred to as ``national limits'') should be imposed on a discharger because
				  factors relating to the discharger's facilities, equipment, processes or other
				  factors related to the discharger are fundamentally different from the factors
				  considered by EPA in development of the national limits. This section applies
				  to all national limitations promulgated under sections 301 and 304 of the Act,
				  except for the BPT limits contained in
				  40
				  CFR 423.12 (steam electric generating point
				  source category).
(b) In
				  establishing national limits, EPA takes into account all the information it can
				  collect, develop and solicit regarding the factors listed in sections 304(b)
				  and 304(g) of the Act. In some cases, however, data which could affect these
				  national limits as they apply to a particular discharge may not be available or
				  may not be considered during their development. As a result, it may be
				  necessary on a case-by-case basis to adjust the national limits, and make them
				  either more or less stringent as they apply to certain dischargers within an
				  industrial category or subcategory. This will only be done if data specific to
				  that discharger indicates it presents factors fundamentally different from
				  those considered by EPA in developing the limit at issue. Any interested person
				  believing that factors relating to a discharger's facilities, equipment,
				  processes or other facilities related to the discharger are fundamentally
				  different from the factors considered during development of the national limits
				  may request a fundamentally different factors variance under Chapter 521. In
				  addition, such a variance may be proposed by the Department in the draft
				  permit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-4 - Criteria and Standards for Determining Fundamentally Different Factors Under Sections 301(b)(1)(A), 301(b)(2) (A) and (E) of the Clean Water Act [see 40 CFR 125, Subpart D] › Subsection 096-524-4-II - Criteria

Current through 2024-29, July 17, 2024
(a) A request for the establishment of
				  effluent limitations under this section (fundamentally different factors
				  variance) shall be approved only if:
(1)
				  There is an applicable national limit which is applied in the permit and
				  specifically controls the pollutant for which alternative effluent limitations
				  or standards have been requested; and
(2) Factors relating to the discharge
				  controlled by the permit are fundamentally different from those considered by
				  EPA in establishing the national limits; and
(3) The request for alternative effluent
				  limitations or standards is made in accordance with the procedural requirements
				  of Chapters 2 and 522.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-4 - Criteria and Standards for Determining Fundamentally Different Factors Under Sections 301(b)(1)(A), 301(b)(2) (A) and (E) of the Clean Water Act [see 40 CFR 125, Subpart D] › Subsection 096-524-4-III - Method of application

Current through 2024-29, July 17, 2024
(a)
				  [reserved]
(b) The burden is on the
				  person requesting the variance to explain that:
(1) Factor(s) listed in Subsection II of this
				  section regarding the discharger's facility are fundamentally different from
				  the factors EPA considered in establishing the national limits. The requester
				  should refer to all relevant material and information, such as the published
				  guideline regulations development document, all associated technical and
				  economic data collected for use in developing each national limit, all records
				  of legal proceedings, and all written and printed documentation including
				  records of communication, etc., relevant to the regulations which are kept on
				  public file by the EPA;
(2) The
				  alternative limitations requested are justified by the fundamental difference
				  alleged in paragraph (b)(1) of this subsection; and
(3) The appropriate requirements of
				  Sub-section I of this section have been met.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-5 - Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act [see 40 CFR 125, Subpart H] › Subsection 096-524-5-I - Purpose and scope

Current through 2024-29, July 17, 2024
Section 316(a) of the Act provides that:
``With respect to any point source otherwise subject to the
					 provisions of section 301 or section 306 of this Act, whenever the owner or
					 operator of any such source, after opportunity for public hearing, can
					 demonstrate to the satisfaction of the Administrator (or, if appropriate, the
					 State) that any effluent limitation proposed for the control of the thermal
					 component of any discharge from such source will require effluent limitations
					 more stringent than necessary to assure the projection [sic] and propagation of
					 a balanced, indigenous population of shellfish, fish and wildlife in and on the
					 body of water into which the discharge is to be made, the Administrator (or, if
					 appropriate, the State) may impose an effluent limitation under such sections
					 on such plant, with respect to the thermal component of such discharge (taking
					 into account the interaction of such thermal component with other pollutants),
					 that will assure the protection and propagation of a balanced indigenous
					 population of shellfish, fish and wildlife in and on that body of
					 water.''
This section describes the factors, criteria and standards
					 for the establishment of alternative thermal effluent limitations under section
					 316(a) of the Act in permits issued under section 402(a) of the
					 Act.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-5 - Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act [see 40 CFR 125, Subpart H] › Subsection 096-524-5-II - Definitions

Current through 2024-29, July 17, 2024
For the purpose of this section:
(a) Alternative effluent limitations means
				  all effluent limitations or standards of performance for the control of the
				  thermal component of end discharge which are established under section 316(a)
				  of the Act and this section.
(b)
				  Representative important species means species which are representative, in
				  terms of their biological needs, of a balanced, indigenous community of
				  shellfish, fish and wildlife in the body of water into which a discharge of
				  heat is made.
(c) The term
				  balanced, indigenous community is synonymous with the term balanced, indigenous
				  population in the Act and means a biotic community typically characterized by
				  diversity, the capacity to sustain itself through cyclic seasonal changes,
				  presence of necessary food chain species and by a lack of domination by
				  pollution tolerant species. Such a community may include historically
				  non-native species introduced in connection with a program of wildlife
				  management and species whose presence or abundance results from substantial,
				  irreversible environmental modifications. Normally, however, such a community
				  will not include species whose presence or abundance is attributable to the
				  introduction of pollutants that will be eliminated by compliance by all sources
				  with section 301(b)(2) of the Act; and may not include species whose presence
				  or abundance is attributable to alternative effluent limitations imposed
				  pursuant to section 316(a) of the Act.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-5 - Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act [see 40 CFR 125, Subpart H] › Subsection 096-524-5-III - Early screening of applications for variances under section 316(a) of the Act

Current through 2024-29, July 17, 2024
(a) Any initial
				  application for a variance under section 316(a) of the Act shall include the
				  following early screening information:
(1) A
				  description of the alternative effluent limitation requested;
(2) A general description of the method by
				  which the discharger proposes to demonstrate that the otherwise applicable
				  thermal discharge effluent limitations are more stringent than
				  necessary;
(3) A general
				  description of the type of data, studies, experiments and other information
				  which the discharger intends to submit for the demonstration; and
(4) Such data and information as may be
				  available to assist the Department in selecting the appropriate representative
				  important species.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-5 - Criteria for Determining Alternative Effluent Limitations Under Section 316(a) of the Clean Water Act [see 40 CFR 125, Subpart H] › Subsection 096-524-5-IV - Criteria and standards for the determination of alternative effluent limitations under section 316(a) of the Act

Current through 2024-29, July 17, 2024
(a)
				  Thermal discharge effluent limitations or standards established in permits may
				  be less stringent than those required by applicable standards and limitations
				  if the discharger demonstrates to the satisfaction of the Department that such
				  effluent limitations are more stringent than necessary to assure the protection
				  and propagation of a balanced, indigenous community of shellfish, fish and
				  wildlife in and on the body of water into which the discharge is made. This
				  demonstration must show that the alternative effluent limitation desired by the
				  discharger, considering the cumulative impact of its thermal discharge together
				  with all other significant impacts on the species affected, will assure the
				  protection and propagation of a balanced indigenous community of shellfish,
				  fish and wildlife in and on the body of water into which the discharge is to be
				  made.
(b) In determining whether or
				  not the protection and propagation of the affected species will be assured, the
				  Department may consider any information contained or referenced in any
				  applicable thermal water quality criteria and thermal water quality information
				  published by the Administrator under section 304(a) of the Act, or any other
				  information it deems relevant.
(c)
(1) Existing dischargers may base their
				  demonstration upon the absence of prior appreciable harm in lieu of predictive
				  studies. Any such demonstrations shall show:
(i) That no appreciable harm has resulted
				  from the normal component of the discharge (taking into account the interaction
				  of such thermal component with other pollutants and the additive effect of
				  other thermal sources to a balanced, indigenous community of shellfish, fish
				  and wildlife in and on the body of water into which the discharge has been
				  made; or
(ii) That despite the
				  occurrence of such previous harm, the desired alternative effluent limitations
				  (or appropriate modifications thereof) will nevertheless assure the protection
				  and propagation of a balanced, indigenous community of shellfish, fish and
				  wildlife in and on the body of water into which the discharge is
				  made.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-6 - Criteria and Standards for Best Management Practices Authorized Under Section 304(e) of the Clean Water Act [see 40 CFR 125, Subpart K] › Subsection 096-524-6-I - Purpose and scope

Current through 2024-29, July 17, 2024
This section describes how best management practices (BMPs)
					 for ancillary industrial activities under section 304(e) of the Act shall be
					 reflected in permits, including best management practices promulgated in
					 effluent limitations under section 304 and established on a case-by-case basis
					 in permits under section 402(a)(1) of the Act. Best management practices
					 authorized by section 304(e) of the Act are included in permits as requirements
					 for the purposes of section 301, 302, 306, 307, or 403 of the Act, as the case
					 may be.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-6 - Criteria and Standards for Best Management Practices Authorized Under Section 304(e) of the Clean Water Act [see 40 CFR 125, Subpart K] › Subsection 096-524-6-II - Definition

Current through 2024-29, July 17, 2024
Manufacture means to produce as an intermediate or final
					 product, or by-product.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-6 - Criteria and Standards for Best Management Practices Authorized Under Section 304(e) of the Clean Water Act [see 40 CFR 125, Subpart K] › Subsection 096-524-6-III - Applicability of best management practices

Current through 2024-29, July 17, 2024
Dischargers who use, manufacture, store, handle or
					 discharge any pollutant listed as toxic under section 307(a)(1) of the Act or
					 any pollutant listed as hazardous under section 311 of the Act are subject to
					 the requirements of this section for all activities which may result in
					 significant amounts of those pollutants reaching waters of the State. These
					 activities are ancillary manufacturing operations including: Materials storage
					 areas; in-plant transfer, process and material handling areas; loading and
					 unloading operations; plant site runoff; and sludge and waste disposal
					 areas.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-6 - Criteria and Standards for Best Management Practices Authorized Under Section 304(e) of the Clean Water Act [see 40 CFR 125, Subpart K] › Subsection 096-524-6-IV - Permit terms and conditions

Current through 2024-29, July 17, 2024
(a) Best
				  management practices shall be expressly incorporated into a permit where
				  required by an applicable EPA promulgated effluent limitations guideline under
				  section 304(e) of the Act;
(b) Best
				  management practices may be expressly incorporated into a permit on a
				  case-by-case basis where determined necessary to carry out the provisions of
				  the Act under section 402(a)(1) of the Act. In issuing a permit containing BMP
				  requirements, the Department shall consider the following factors:
(1) Toxicity of the pollutant(s);
(2) Quantity of the pollutant(s) used,
				  produced, or discharged;
(3)
				  History of NPDES permit violations;
(4) History of significant leaks or spills of
				  toxic or hazardous pollutants;
(5)
				  Potential for adverse impact on public health (e.g., proximity to a public
				  water supply) or the environment (e.g., proximity to a sport or commercial
				  fishery); and
(6) Any other factors
				  determined to be relevant to the control of toxic or hazardous
				  pollutants.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Section 096-525-Section 1 - References to Federal Regulations and definitions

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR). Definitions for terms used in this rule may be found Chapter
				  520. Where the terms "Part" or "Sec." appear in this rule, they mean the
				  specific Part or Section of 40 CFR which is referenced.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-I - Scope and purpose [see 40 CFR 129.1]

Current through 2024-29, July 17, 2024
(a) The provisions of this section apply to
				  owners or operators of specified facilities discharging into navigable
				  waters.
(b) The effluent standards
				  or prohibitions for toxic pollutants established in this section shall be
				  applicable to the sources and pollutants hereinafter set forth, and may be
				  incorporated in any NPDES permit, modification or renewal thereof, in
				  accordance with the provisions of this section.
(c) The provisions of 40 CFR parts 124 and
				  125 shall apply to any NPDES permit proceedings for any point source discharge
				  containing any toxic pollutant for which a standard or prohibition is
				  established under this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-III - Abbreviations [see 40 CFR 129.3]

Current through 2024-29, July 17, 2024
The abbreviations used in this Chapter represent the
					 following terms:
lb = pound (or pounds).
g = gram.
ug/l = micrograms per liter (1 one-millionth
					 gram/liter).
kg = kilogram(s).
kkg = 1000 kilogram(s).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-IV - Toxic pollutants [see 40 CFR 129.4]

Current through 2024-29, July 17, 2024
The following are the pollutants subject to regulation
					 under the provisions of this section:
(a) Aldrin/Dieldrin--Aldrin means the
				  compound aldrin as identified by the chemical name,
				  1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro -1,4
				  -endo-5,8-exo-dimethanonaphthalene; ``Dieldrin'' means the compound the
				  dieldrin as identified by the chemical name 1,2,3,4,10,10-hexachloro-6,7 -
				  epoxy -
				  1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-5,8-exo-dimethanonaphthalene.
(b) DDT--DDT means the compounds DDT, DDD,
				  and DDE as identified by the chemical names:(DDT)-1,1,1-trichloro-2,2 - bis(p
				  -chlorophenyl)ethane and someo,p'-isomers; (DDD) or (TDE) -1,1 - dichloro -
				  2,2-bis(p-chlorophenyl) ethane and some o,p'-isomers; (DDE) - 1,1
				  -dichloro-2,2-bis(p-chlorophenyl) ethylene.
(c) Endrin--Endrin means the compound endrin
				  as identified by the chemical name 1,2,3,4,10,10-hexachloro-6,7-epoxy -
				  1,4,4a,5,6,7,8,8a -octahydro - 1,4-endo-5,8-endodimethanonaphthalene.
(d) Toxaphene--Toxaphene means a material
				  consisting of technical grade chlorinated camphene having the approximate
				  formula of
				  C10H10Cl8
				  and normally containing 67-69 percent chlorine by weight.
(e) Benzidine--Benzidine means the compound
				  benzidine and its salts as identified by the chemical name
				  4,4'-diaminobiphenyl.
(f)
				  Polychlorinated Biphenyls (PCBs) polychlorinated biphenyls (PCBs) means a
				  mixture of compounds composed of the biphenyl molecule which has been
				  chlorinated to varying degrees.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-V - Compliance [see 40 CFR 129.5]

Current through 2024-29, July 17, 2024
(a)
(1) Within 60 days from the date of
				  promulgation of any toxic pollutant effluent standard or prohibition each owner
				  or operator with a discharge subject to that standard or prohibition must
				  notify the Department of such discharge. Such notification shall include such
				  information and follow such procedures as the Department may require.
(2) Any owner or operator who does not have a
				  discharge subject to any toxic pollutant effluent standard at the time of such
				  promulgation but who thereafter commences or intends to commence any activity
				  which would result in such a discharge shall first notify the Department in the
				  manner herein provided at least 60 days prior to any such discharge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-VI - Adjustment of effluent standard for presence of toxic pollutant in the intake water [see 40 CFR 129.6]

Current through 2024-29, July 17, 2024
(a) Upon the
				  request of the owner or operator of a facility discharging a pollutant subject
				  to a toxic pollutant effluent standard or prohibition, the Department shall
				  give credit, and shall adjust the effluent standard(s) in such permit to
				  reflect credit for the toxic pollutant(s) in the owner's or operator's water
				  supply if (1) the source of the owner's or operator's water supply is the same
				  body of water into which the discharge is made and if (2) it is demonstrated to
				  the Department that the toxic pollutant(s) present in the owner's or operator's
				  intake water will not be removed by any wastewater treatment systems whose
				  design capacity and operation were such as to reduce toxic pollutants to the
				  levels required by the applicable toxic pollutant effluent standards in the
				  absence of the toxic pollutant in the intake water.
(b) Effluent limitations established pursuant
				  to this section shall be calculated on the basis of the amount of section
				  307(a) toxic pollutant(s) present in the water after any water supply treatment
				  steps have been performed by or for the owner or operator.
(c) Any permit which includes toxic pollutant
				  effluent limitations established pursuant to this section shall also contain
				  conditions requiring the permittee to conduct additional monitoring in the
				  manner and locations determined by the Department for those toxic pollutants
				  for which the toxic pollutant effluent standards have been adjusted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-VII - Requirement and procedure for establishing a more stringent effluent limitation [see 40 CFR 129.7]

Current through 2024-29, July 17, 2024
(a) In exceptional
				  cases:
(1) Where the Department determines
				  that the ambient water criterion established in these standards is not being
				  met or will not be met in the receiving water as a result of one or more
				  discharges at levels allowed by these standards, and
(2) Where he or she further determines that
				  this is resulting in or may cause or contribute to significant adverse effects
				  on aquatic or other organisms usually or potentially present, or on human
				  health, he or she may issue to an owner or operator a permit or a permit
				  modification containing a toxic pollutant effluent limitation at a more
				  stringent level than that required by the standard set forth in these
				  regulations. Any such action shall be taken pursuant to the procedural
				  provisions of Chapters 522 and 524, as appropriate. In any proceeding in
				  connection with such action the burden of proof and of going forward with
				  evidence with regard to such more stringent effluent limitation shall be upon
				  the Department as the proponent of such more stringent effluent
				  limitation.
(3) Evidence in such
				  proceeding shall include at a minimum: Analysis using data and other
				  information to demonstrate receiving water concentrations of the specified
				  toxic pollutant, projections of the anticipated effects of the proposed
				  modification on such receiving water concentrations, and the hydrologic and
				  hydrographic characteristics of the receiving waters including the occurrence
				  of dispersion of the effluent. Detailed specifications for presenting relevant
				  information by any interested party may be prescribed in guidance documents
				  published from time to time, whose availability will be announced in the
				  Federal Register.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-VIII - Compliance date [see 40 CFR 129.8]

Current through 2024-29, July 17, 2024
(a) The
				  effluent standards or prohibitions set forth herein shall be compiled with not
				  later than one year after promulgation unless an earlier date is established by
				  the Administrator for an industrial subcategory in the promulgation of the
				  standards or prohibitions.
(b)
				  Toxic pollutant effluent standards or prohibitions set froth herein shall
				  become enforceable under sections 307(d) and 309 of the Act on the date
				  established in paragraph (a) of this subsection regardless of proceedings in
				  connection with the issuance of any NPDES permit or application therefor, or
				  modification or renewal thereof.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-IX - Aldrin/dieldrin [see 40 CFR 129.100]

Current through 2024-29, July 17, 2024
(a) Specialized
				  definitions.
(1) Aldrin/Dieldrin manufacturer
				  means a manufacturer, excluding any source which is exclusively an
				  aldrin/dieldrin formulator, who produces, prepares or processes technical
				  aldrin or dieldrin or who uses aldrin or dieldrin as a material in the
				  production, preparation or processing of another synthetic organic
				  substance.
(2) Aldrin/Dieldrin
				  formulator means a person who produces, prepares or processes a formulated
				  product comprising a mixture of either aldrin or dieldrin and inert materials
				  or other diluents, into a product intended for application in any use
				  registered under the Federal Insecticide, Fungicide and Rodenticide Act, as
				  amended ( 7 U.S.C. 135, et. seq.).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-X - DDT, DDD and DDE [see 40 CFR 129.101]

Current through 2024-29, July 17, 2024
(a) Specialized definitions.
(1) DDT Manufacturer means a manufacturer,
				  excluding any source which is exclusively a DDT formulator, who produces,
				  prepares or processes technical DDT, or houses DDT as a material in the
				  production, preparation or processing of another synthetic organic
				  substance.
(2) DDT formulator means
				  a person who produces, prepares or processes a formulated product comprising a
				  mixture of DDT and inert materials or other diluents into a product intended
				  for application in any use registered under the Federal Insecticide, Fungicide
				  and Rodenticide Act, as amended ( 7 U.S.C. 135, et seq.).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-XI - Endrin [see 40 CFR 129.102]

Current through 2024-29, July 17, 2024
(a) Specialized
				  definitions.
(1) Endrin Manufacturer means a
				  manufacturer, excluding any source which is exclusively an endrin formulator,
				  who produces, prepares or processes technical endrin or houses endrin as a
				  material in the production, preparation or processing of another synthetic
				  organic substance.
(2) Endrin
				  Formulator means a person who produces, prepares or processes a formulated
				  product comprising a mixture of endrin and inert materials or other diluents
				  into a product intended for application in any use registered under the Federal
				  Insecticide, Fungicide and Rodenticide Act, as amended ( 7 U.S.C. 135, et
				  seq.).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-XII - Toxaphene [see 40 CFR 129.103]

Current through 2024-29, July 17, 2024
(a) Specialized
				  definitions.
(1) Toxaphene manufacturer means
				  a manufacturer, excluding any source which is exclusively a toxaphene
				  formulator, who produces, prepares or processes toxaphene or who uses toxaphene
				  as a material in the production, preparation or processing of another synthetic
				  organic substance.
(2) Toxaphene
				  formulator means a person who produces, prepares or processes a formulated
				  product comprising a mixture of toxaphene and inert materials or other diluents
				  into a product intended for application in any use registered under the Federal
				  Insecticide, Fungicide and Rodenticide Act, as amended ( 7 U.S.C. 135, et
				  seq.).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-XIII - Benzidine [see 40 CFR 1291.04]

Current through 2024-29, July 17, 2024
(a) Specialized
				  definitions.
(1) Benzidine Manufacturer means
				  a manufacturer who produces benzidine or who produces benzidine as an
				  intermediate product in the manufacture of dyes commonly used for textile,
				  leather and paper dyeing.
(2)
				  Benzidine-Based Dye Applicator means an owner or operator houses
				  benzidine-based dyes in the dyeing of textiles, leather or paper.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-2 - Toxic Pollutants. [see 40 CFR 129] › Subsection 096-525-2-XIV - Polychlorinated biphenyls (PCBs) [see 40 CFR 129.105]

Current through 2024-29, July 17, 2024
(a) Specialized definitions.
(1) PCB Manufacturer means a manufacturer who
				  produces polychlorinated biphenyls.
(2) Electrical capacitor manufacturer means a
				  manufacturer who produces or assembles electrical capacitors in which PCB or
				  PCB-containing compounds are part of the dielectric.
(3) Electrical transformer manufacturer means
				  a manufacturer who produces or assembles electrical transformers in which PCB
				  or PCB-containing compounds are part of the dielectric.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-3 - Secondary Treatment [see 40 CFR 133] › Subsection 096-525-3-I - Purpose [see 40 CFR 133.100]

Current through 2024-29, July 17, 2024
This Section provides information on the level of effluent
					 quality attainable through the application of secondary or equivalent
					 treatment.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-3 - Secondary Treatment [see 40 CFR 133] › Subsection 096-525-3-II - Definitions [see 40 CFR 133.101]

Current through 2024-29, July 17, 2024
Terms used in this section are defined as follows:
(a) 7-day average. The arithmetic mean of
				  pollutant parameter values for samples collected in a period of 7 consecutive
				  days.
(b) 30-day average. The
				  arithmetic mean of pollutant parameter values of samples collected in a period
				  of 30 consecutive days.
(c) Act.
				  The Clean Water Act (
				  33 U.S.C.
				  1251 et seq., as amended).
(d) BOD. The five day measure of the
				  pollutant parameter biochemical oxygen demand (BOD).
(e) CBOD-5. The five day measure of the
				  pollutant parameter carbonaceous biochemical oxygen demand (CBOD-5).
(f) Effluent concentrations consistently
				  achievable through proper operation and maintenance. (1) For a given pollutant
				  parameter, the 95th percentile value for the 30-day average effluent quality
				  achieved by a treatment works in a period of at least two years, excluding
				  values attributable to upsets, bypasses, operational errors, or other unusual
				  conditions, and (2) a 7-day average value equal to 1.5 times the value derived
				  under paragraph (f)(1) of this subsection.
(g) Facilities eligible for treatment
				  equivalent to secondary treatment. Treatment works shall be eligible for
				  consideration for effluent limitations described for treatment equivalent to
				  secondary treatment (subsection VI ), if:
(1)
				  The BOD-5 and SS effluent concentrations consistently achievable through proper
				  operation and maintenance (paragraph (f)) of the treatment works exceed the
				  minimum level of the effluent quality set forth in Subsections III(a) and
				  (b),
(2) A trickling filter or
				  waste stabilization pond is used as the principal process, and
(3) The treatment works provide significant
				  biological treatment of municipal wastewater.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-3 - Secondary Treatment [see 40 CFR 133] › Subsection 096-525-3-III - Secondary treatment [see 40 CFR 133.102]

Current through 2024-29, July 17, 2024
The following paragraphs describe the minimum level of
					 effluent quality attainable by secondary treatment in terms of the
					 parameters--
BOD-5, SS and pH. All requirements for each parameter shall
					 be achieved except as provided for in Subsections IV and VI.
(a) BOD-5.
(1) The 30-day average shall not exceed 30
				  mg/l.
(2) The 7-day average shall
				  not exceed 45 mg/l.
(3) The 30-day
				  average percent removal shall not be less than 85 percent.
(4) At the option of the NPDES permitting
				  authority, in lieu of the parameter BOD-5 and the levels of the effluent
				  quality specified in paragraphs (a)(1), (a)(2) and (a)(3), the parameter CBOD-5
				  may be substituted with the following levels of the CBOD-5 effluent quality
				  provided:
(i) The 30-day average shall not
				  exceed 25 mg/l.
(ii) The 7-day
				  average shall not exceed 40 mg/l.
(iii) The 30-day average percent removal
				  shall not be less than 85 percent.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-3 - Secondary Treatment [see 40 CFR 133] › Subsection 096-525-3-V - Sampling and test procedures [see 40 CFR 133.104]

Current through 2024-29, July 17, 2024
(a) Sampling and test procedures for
				  pollutants listed in this Chapter shall be in accordance with guidelines
				  promulgated by the Administrator in 40 CFR part 136.
(b) Chemical oxygen demand (COD) or total
				  organic carbon (TOC) maybe substituted for BOD-5 when a long-term BOD:COD or
				  BOD:TOC correlation has been demonstrated.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-3 - Secondary Treatment [see 40 CFR 133] › Subsection 096-525-3-VI - Treatment equivalent to secondary treatment [see 40 CFR 133.105]

Current through 2024-29, July 17, 2024
This subsection describes the minimum level of effluent
					 quality attainable by facilities eligible for treatment equivalent to secondary
					 treatment (Subsection II(g) ) in terms of the parameters--BOD-5, SS and pH. All
					 requirements for the specified parameters in paragraphs(a), (b) and (c) of this
					 subsection shall be achieved except as provided for in Subsection IV, or
					 paragraphs (d), (e) or (f) of this subsection.
(a) BOD-5.
(1) The 30-day average shall not exceed 45
				  mg/l
(2) The 7-day average shall
				  not exceed 65 mg/l.
(3) The 30-day
				  average percent removal shall not be less than 65 percent.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-I - Scope and purpose [see 40 CFR 401.10]

Current through 2024-29, July 17, 2024
Regulations promulgated or proposed under Section 5 and
					 Chapter 528 prescribe effluent limitations guidelines for existing sources,
					 standards of performance for new sources and pretreatment standards for new and
					 existing sources pursuant to sections 301, 304(b)and (c), 306(b) and (c),
					 307(b) and (c) and 316(b) of the Federal Water Pollution Control Act, as
					 amended (the ``Act''),
					 33 U.S.C.
					 1251,
					 1311,
					 1314(b) and
					 (c),
					 1316(b) and
					 (c),
					 1317(b)
					 and (c) and
					 1326(b);
					 86 Stat. 816; Pub. L. 92-500. Point sources of discharges of pollutants are
					 required to comply with these regulations, where applicable, and permits issued
					 by States or the Environmental Protection Agency (EPA) under the National
					 Pollutant Discharge Elimination System (NPDES) established pursuant to section
					 402 of the Act must be conditioned upon compliance with applicable requirements
					 of sections 301 and 306 of the Act (as well as certain other requirements).
					 This Section sets forth the legal authority and general definitions which will
					 apply to all regulations issued concerning specific classes and categories of
					 point sources under Section 5 and Chapter 528 which follow. In certain
					 instances the regulations applicable to a particular point source category or
					 sub category will contain more specialized definitions. Except as provided in
					 Subsection VIII, in the case of any conflict between regulations issued under
					 this Section and regulations issued under Section 5 and Chapter 528, the latter
					 more specific regulations shall apply.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-II - General definitions [see 40 CFR 401.11]

Current through 2024-29, July 17, 2024
For the purposes of the regulations incorporated by section
					 5 of this chapter:
(a)- (l) [reserved]
(m) The terms state water
				  pollution control agency, interstate agency, State, municipality, person,
				  territorial seas, contiguous zone, biological monitoring, schedule of
				  compliance, and industrial user shall be defined in accordance with section 502
				  of the Act unless the context otherwise requires.
(n) The term noncontact cooling water means
				  water used for cooling which does not come into direct contact with any raw
				  material, intermediate product, waste product or finished product.
(o) The term noncontact cooling water
				  pollutants means pollutants present in noncontact cooling waters.
(p) The term blowdown means the minimum
				  discharge of recirculating water for the purpose of discharging materials
				  contained in the water, the further buildup of which would cause concentration
				  in amounts exceeding limits established by best engineering practice.
(q)-(r) [reserved] (s) The following
				  abbreviations shall have the following meanings:
(1) BOD5 means five-day biochemical oxygen
				  demand;
(2) COD means chemical
				  oxygen demand;
(3) TOC means total
				  organic carbon;
(4) TDS means total
				  dissolved solids;
(5) TSS means
				  total suspended non-filterable solids;
(6) kw means kilowatt(s);
(7) kwh means kilowatt hour(s);
(8) Mw means megawatt(s);
(9) Mwh means megawatt hour(s);
(10) hp means horsepower;
(11) mm means millimeter(s);
(12) cm means centimeter;
(13) m means meter(s);
(14) in. means inch;
(15) ft means foot (feet);
(16) l means liter(s);
(17) cu m means cubic meter(s);
(18) k cu m means 1000 cubic
				  meter(s);
(19) gal means
				  gallon(s);
(20) cu ft means cubic
				  foot (feet);
(21) mg means
				  milligram(s);
(22) g means
				  gram(s);
(23) kg means
				  kilogram(s);
(24) kkg means 1000
				  kilogram(s);
(25) lb means
				  pound(s);
(26) sq m means square
				  meter(s);
(27) ha means
				  hectare(s);
(28) sq ft means square
				  foot (feet); and
(29) ac means
				  acre(s).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-IV - Test procedures for measurement [see 40 CFR 401.13]

Current through 2024-29, July 17, 2024
The test procedures for measurement which are prescribed at
					 40 CFR part 136 shall apply to expressions of pollutant amounts,
					 characteristics or properties in effluent limitations guidelines and standards
					 of performance and pretreatment standards as set forth at Subsection 5 and
					 Chapter 528, unless otherwise specifically noted or
					 defined.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-V - Cooling water intake structures [see 40 CFR 401.14]

Current through 2024-29, July 17, 2024
The location, design, construction and capacity of cooling
					 water intake structures of any point source for which a standard is established
					 pursuant to section 301 or 306 of the Act shall reflect the best technology
					 available for minimizing adverse environmental impact, in accordance with the
					 provisions of 40 CFR part 402.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-VI - Toxic pollutants [see 40 CFR 401.15]

Current through 2024-29, July 17, 2024
The following comprise the list of toxic pollutants
					 designated pursuant to section 307(a)(1) of the Act:
1. Acenaphthene
2. Acrolein
3. Acrylonitrile
4. Aldrin/Dieldrin \1\
5. Antimony and compounds \2\
6. Arsenic and compounds
7. Asbestos
8. Benzene
9. Benzidine \1\
10. Beryllium and compounds
11. Cadmium and compounds
12. Carbon tetrachloride
13. Chlordane (technical mixture and
				  metabolites)
14. Chlorinated
				  benzenes (other than di-chlorobenzenes)
15. Chlorinated ethanes (including
				  1,2-di-chloroethane, 1,1,1-
trichloroethane, and hexachloroethane)
16. Chloroalkyl ethers (chloroethyl and mixed
				  ethers)
17. Chlorinated
				  naphthalene
18. Chlorinated phenols
				  (other than those listed elsewhere; includes trichlorophenols and chlorinated
				  cresols)
19. Chloroform
20. 2-chlorophenol
21. Chromium and compounds
22. Copper and compounds
23. Cyanides
24. DDT and metabolites \1\
25. Dichlorobenzenes (1,2-, 1,3-, and
				  1,4-di-chlorobenzenes)
26.
				  Dichlorobenzidine
27.
				  Dichloroethylenes (1,1-, and 1,2-dichloroethylene)
28. 2,4-dichlorophenol
29. Dichloropropane and
				  dichloropropene
30.
				  2,4-dimethylphenol
31.
				  Dinitrotoluene
32.
				  Diphenylhydrazine
33. Endosulfan
				  and metabolites
34. Endrin and
				  metabolites \1\
35.
				  Ethylbenzene
36.
				  Fluoranthene
37. Haloethers (other
				  than those listed elsewhere; includes chlorophenylphenyl ethers,
				  bromophenylphenyl ether, bis(dichloroisopropyl) ether, bis-(chloroethoxy)
				  methane and polychlorinated diphenyl ethers)
38. Halomethanes (other than those listed
				  elsewhere; includes methylene chloride, methylchloride, methylbromide,
				  bromoform, dichlorobromomethane
39.
				  Heptachlor and metabolites
40.
				  Hexachlorobutadiene
41.
				  Hexachlorocyclohexane
42.
				  Hexachlorocyclopentadiene
43.
				  Isophorone
44. Lead and
				  compounds
45. Mercury and
				  compounds
46. Naphthalene
47. Nickel and compounds
48. Nitrobenzene
49. Nitrophenols (including
				  2,4-dinitrophenol, dinitrocresol)
50. Nitrosamines
51. Pentachlorophenol
52. Phenol
53. Phthalate esters
54. Polychlorinated biphenyls (PCBs)
				  \1\
55. Polynuclear aromatic
				  hydrocarbons (including benzanthracenes, benzopyrenes, benzofluoranthene,
				  chrysenes, dibenz-anthracenes, and indenopyrenes)
56. Selenium and compounds
57. Silver and compounds
58. 2,3,7,8-tetrachlorodibenzo-p-dioxin
				  (TCDD)
59.
				  Tetrachloroethylene
60. Thallium
				  and compounds
61. Toluene
62. Toxaphene \1\
63. Trichloroethylene
64. Vinyl chloride
65. Zinc and compounds
\1\ Effluent standard promulgated ( 40 CFR part 129
					 )
\2\ The term compounds shall include organic and inorganic
					 compounds
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-VII - Conventional pollutants [see 40 CFR 401.16]

Current through 2024-29, July 17, 2024
The following comprise the list of conventional pollutants
					 designated pursuant to section 304(a)(4) of the Act:
1. Biochemical oxygen demand (BOD)
2. Total suspended solids (non filterable)
				  (TSS)
3. pH
4. Fecal coliform
5. Oil and grease