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. 323.1213 - WQBELs less than quantification level

Current through Vol. 24-12, July 15, 2024
Rule 1213.
(1) If
				  a water quality-based effluent limit (WQBEL) for a toxic substance is
				  calculated to be less than the quantification level, then all of the following
				  provisions apply:
(a) The department shall
				  designate, in the national pollutant discharge elimination system (NPDES)
				  permit, the WQBEL as calculated.
(b) The permit shall state, for the purpose
				  of compliance assessment, the analytical method to be used to monitor the
				  amount of toxic substance in the effluent and the quantification level. The
				  analytical method specified shall be the most sensitive, applicable, analytical
				  method specified in or approved under the pollutant testing regulations set
				  forth in 40 C.F.R. §136 (2000), which are adopted by reference in R
				  323.1221, or other appropriate method that provides confirmation and
				  verification acceptable to the department if one is not available under 40
				  C.F.R. §136 (2000). The permit shall also state that if an effluent sample
				  is less than the quantification level, then the permittee shall be considered
				  in compliance for the period that the sample represents if the pollutant
				  minimization program (PMP) described in subdivision (d) of this subrule is
				  being fully performed.
(c) The
				  quantification level shall be the minimum level (ML) specified in, or approved
				  under, 40 C.F.R. §136 (2000), which are adopted by reference in R
				  323.1221, for the method for that toxic substance. If such ML does not exists,
				  or if the method is not specified or approved under 40 C.F.R. §136 (2000),
				  then the quantification level shall be the lowest quantifiable level
				  practicable as established by procedures approved by the department. When
				  establishing a quantification level, the department shall consider the
				  achievability of the value by competent commercial laboratories. The permittee
				  shall be given the opportunity to demonstrate that a higher quantification
				  level is appropriate because of sample matrix interference.
(d) The permit shall contain a special
				  condition requiring the permittee to develop and conduct a PMP for each toxic
				  substance with a WQBEL below the quantification level, unless the permittee can
				  demonstrate to the department that an alternate technique is available and will
				  be used to assess compliance with the WQBEL. The goal of the PMP shall be to
				  maintain the effluent concentration of the toxic substance at or below the
				  WQBEL. The department shall consider cost-effectiveness during the development
				  and implementation of a PMP. The permit shall require the submittal of a PMP by
				  the permittee that describes the control strategy designed to proceed toward
				  achievement of the goal and shall include all of the following:
(i) An annual review and semiannual
				  monitoring of potential sources of the toxic substance.
(ii) Quarterly monitoring for the toxic
				  substance in the influent to the wastewater treatment system.
(iii) A commitment by the permittee that
				  reasonable cost-effective control measures will be implemented when sources of
				  the toxic substance are discovered. Factors to be considered shall include all
				  of the following:
(A) Significance of
				  sources.
(B) Economic
				  considerations.
(C) Technical and
				  treatability considerations.
(iv) An annual status report. The report
				  shall be sent to the department and shall include all of the following:
(A) All minimization program monitoring
				  results for the previous year.
(B)
				  A list of potential sources of the toxic substance.
(C) A summary of all actions taken to reduce
				  or eliminate the identified sources of the toxic substance. The requirements of
				  paragraphs (i) to (iv) of this subdivision may be modified by the department on
				  a case-by-case basis.
(e) The permit may contain a special
				  condition requiring fish tissue monitoring or other biouptake sampling, or
				  both, or facility sludge monitoring to assess the progress of the
				  PMP.
(f) The permit shall contain a
				  reopener clause indicating that any information generated as a result of the
				  PMP described in subdivision (d) of this subrule may be used to support a
				  request for subsequent permit modification, including revision or removal of
				  the PMP requirement.
(g) The
				  quantification level specified in a NPDES permit pursuant to this rule shall
				  remain in effect until the permit is modified or reissued. If the
				  quantification level is reduced through a permit modification or reissuance,
				  then the permittee may be eligible for a compliance schedule under R 323.1217
				  and a variance under R 323.1103.