Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 20 - Removal Credits › Section 20-4 - Continuation or withdrawal of authorization to revise categorical standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC
				  13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 4.
(a) After a
				POTW has received authorization to grant removal credits for a particular
				pollutant regulated in a categorical pretreatment standard, it may
				automatically extend that removal credit to the same pollutant when it is
				regulated in other categorical standards, unless granting the removal credit
				will cause the POTW to violate its sludge requirements or its NPDES permit
				limits and conditions. If a POTW elects at a later time to extend removal
				credits to a certain categorical pretreatment standard, industrial subcategory,
				or one (1) or more industrial users that initially were not granted removal
				credits, it must notify the control authority.
(b) Following authorization to revise
				discharge limits from categorical pretreatment standards, the POTW shall
				continue to monitor and report on the POTW's removal capabilities for all
				pollutants for which authority to revise limits has been granted. The report
				shall contain the information required by section 2(b)(2)(A), 2(b)(2)(B),
				2(b)(5), and 2(b)(6) of this rule. The data obtained for purposes of this
				report must be obtained through a composite sample taken on three (3)
				consecutive days during the reporting period and meet the requirements of
				section 2(b)(2)(C) of this rule. If no categorical pretreatment standards are
				yet promulgated relative to the industrial users of a POTW receiving
				authorization to revise discharge limits or if the POTW has received
				provisional authorization to revise limits under section 3(b) of this rule, the
				initial report shall be submitted to the commissioner within sixty (60) days
				after the earliest date of promulgation of an applicable categorical standard
				or the date the discharge of pollutants for which provisional authorization was
				granted commences. In all other cases, the initial report shall be submitted
				within six (6) months after the date authorization to revise limits was
				granted. Subsequent reports shall be submitted at six (6) month intervals
				unless required more frequently by the commissioner.
(c) Approval of authority to revise
				categorical pretreatment standards will be reexamined whenever the POTW's NPDES
				permit is reissued or whenever the categorical pretreatment standard is revised
				by EPA unless the commissioner determines the need to reevaluate the authority
				earlier as required by subsection (e). In addition, where overflows of
				untreated waste by the POTW continue to occur, the commissioner may condition
				continued authorization to revise discharge limits upon the POTW performing
				additional analysis or implementing additional control measures as is
				consistent with departmental policy toward POTW bypasses.
(d) After authority to revise discharge
				limits for a specified pollutant is granted, the revised discharge limits for
				industrial users of the POTW's system, as well as the consistent removal
				documented by the POTW for that pollutant, and the other conditions of section
				1 of this rule shall be included in the POTW's NPDES permit upon the earliest
				reissuance or modification (at or following the POTW pretreatment program
				approval) and shall become enforceable requirements of the POTW's NPDES permit.
				The removal credits will remain in effect for the term of the POTW's NPDES
				permit, provided the POTW maintains compliance with the conditions of this
				rule.
(e) If, on the basis of
				pollutant removal capability reports received as required by subsection (b) or
				other information available to it, the commissioner determines that:
(1) one (1) or more of the discharge limit
				revisions made by the POTW or the POTW itself no longer meets the requirements
				of section 1 of this rule; or
(2)
				such discharge limit revisions are causing or significantly contributing to a
				violation of any conditions or limits contained in the POTW's NPDES permit;
then the commissioner shall notify the POTW and, if
				  appropriate corrective action is not taken within a reasonable time, not to
				  exceed sixty (60) days (unless the POTW or the affected industrial users
				  demonstrate that a longer time period is reasonably necessary to undertake the
				  appropriate corrective action), either withdraw or require modifications in the
				  revised discharge limits.