Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-6 - Calculating NPDES permit conditions [see 40 CFR 122.45]

Current through 2024-29, July 17, 2024
(a) Outfalls and discharge points. All permit
				effluent limitations, standards and prohibitions shall be established for each
				outfall or discharge point of the permitted facility, except as otherwise
				provided under Section 5(k) (BMPs where limitations are infeasible) and
				paragraph (i) of this section (limitations on internal waste
				streams).
(b) Production-based
				limitations.
(1) In the case of POTWs, permit
				effluent limitations, standards, or prohibitions shall be calculated based on
				design flow.
(2)
(i) Except in the case of POTWs or as
				provided in paragraph (b)(2)(ii) of this section, calculation of any permit
				limitations, standards, or prohibitions which are based on production (or other
				measure of operation) shall be based not upon the designed production capacity
				but rather upon a reasonable measure of actual production of the facility. For
				new sources or new dischargers, actual production shall be estimated using
				projected production. The time period of the measure of production shall
				correspond to the time period of the calculated permit limitations; for
				example, monthly production shall be used to calculate average monthly
				discharge limitations.
(ii)
(A)
(1) The
				Department may include a condition establishing alternate permit limitations,
				standards, or prohibitions based upon anticipated increased (not to exceed
				maximum production capability) or decreased production levels.
(2) For the automotive manufacturing industry
				only, the Regional Administrator shall, and the Department may establish a
				condition under paragraph (b)(2)(ii)(A)(1) of this section if the applicant
				satisfactorily demonstrates to the Director at the time the application is
				submitted that its actual production, as indicated in paragraph (b)(2)(i) of
				this section, is substantially below maximum production capability and that
				there is a reasonable potential for an increase above actual production during
				the duration of the permit.
(B) If the Department establishes permit
				conditions under paragraph (b)(2)(ii)(A) of this section:
(1) The permit shall require the permittee to
				notify the Department at least two business days prior to a month in which the
				permittee expects to operate at a level higher than the lowest production level
				identified in the permit.
The notice shall 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 shall specify the reasons for the
				  anticipated production level increase. New notice of discharge at alternate
				  levels is required to cover a period or production level not covered by prior
				  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) The permittee shall 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 paragraph (b)(2)(ii)(B)(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.
(3) The permittee shall submit with the DMR
				the level of production that actually occurred during each month and the
				limitations, standards, or prohibitions applicable to that level of
				production.