Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.16 - Establishing Limitations, Standards and Other Permit Conditions

Current through June 14, 2024
A. Each permit shall include conditions
				  meeting the following requirements when applicable:
1. Technology-based effluent limitations and
				  standards based on effluent limitations and standards promulgated under
				  33 U.S.C. §
												1311 (Section 301 of the Clean Water Act) or
				  new source performance standards promulgated under
				  33 U.S.C. §
												1316 (Section 306 of the Clean Water Act); or
				  case-by-case effluent limitations determined under
				  33 U.S.C. §
												1342(a)(1) (Section
				  402(a)(1) of the Clean Water Act), or on a combination of the two, in
				  accordance with 40 C.F.R.
				  §
												125.3, incorporated above at §
											1.3(B) of
				  this Part.
2. Monitoring waivers
				  for certain guideline-listed pollutants.
a.
				  The Department may authorize a discharger subject to technology-based effluent
				  limitations guidelines and standards in an RIPDES permit to forego sampling of
				  a pollutant found at 40 C.F.R. Chapter I, Subchapter N, incorporated above at
				  §
												1.3(B) of
				  this Part if the discharger has demonstrated through sampling and other
				  technical factors that the pollutant is not present in the discharge or is
				  present only at background levels from intake water and without any increase in
				  the pollutant due to activities of the discharger.
b. This waiver is good only for the term of
				  the permit and is not available during the term of the first permit issued to a
				  discharger.
c. Any request for this
				  waiver must be submitted when applying for a reissued permit or modification of
				  a reissued permit. The request must demonstrate through sampling or other
				  technical information, including information generated during an earlier permit
				  term that the pollutant is not present in the discharge or is present only at
				  background levels from intake water and without any increase in the pollutant
				  due to activities of the discharger.
d. Any grant of the monitoring waiver must be
				  included in the permit as an express permit condition and the reasons
				  supporting the grant must be documented in the permit's fact sheet or statement
				  of basis.
e. This provision does
				  not supersede certification processes and requirements already established in
				  existing effluent limitations guidelines and standards.
3. Other effluent limitations and standards
				  under 33 U.S.C. §§
												1311,
				  1312,
				  1313,
				  1317,
				  1328 and
				  1345 (Sections 301, 302, 303, 307,
				  318 and 405 of the Clean Water Act), and
				  40 C.F.R. §§
												125,
				  129,
				  133, and Chapter I, Subchapter N,
				  incorporated above at §
											1.3(B) of
				  this Part. If any applicable toxic effluent standard or prohibition (including
				  any schedule of compliance specified in such effluent standards or prohibition)
				  is promulgated under 33
				  U.S.C. §
												1317(a)
				  (Section 307(a) of the Clean Water Act) for a toxic pollutant and that standard
				  or prohibition is more stringent that any limitation on the pollutant in the
				  permit, the Department shall institute proceedings under these regulations to
				  modify or revoke and reissue the permit to conform to the toxic effluent
				  standard or prohibition.
4.
				  Reopener clause: for any discharge within a primary industry category (see
				  §
											1.69
				  of this Part), requirements under
				  33 U.S.C. §
												1317(a)(2) (Section
				  307(a)(2) of the Clean Water Act) as follows:
a. Any permit issued shall include effluent
				  limitations and a compliance schedule to meet the requirements of
				  33 U.S.C. §
													1311(b)(2)(A),(C),(D),(E) and
				  (F) (Sections 301(b)(2)(A),(C),(D),(E) and
				  (F) of the Clean Water Act) whether or not applicable effluent limitation
				  guidelines have been promulgated or approved. Such permits shall contain a
				  provision that, if an applicable standard limitation is promulgated under
				  33 U.S.C. §§
													1311(b)(2)(C) and (D),
				  1314(b)(2), and
				  1317(a)(2)
				  (Section 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water
				  Act), and that effluent standard or limitations is more stringent than any
				  effluent limitation in the permit, or controls a pollutant not limited in the
				  permit, the permit shall be promptly modified or revoked and reissued to
				  conform to the effluent standard or limitation.
b. The Department shall promptly modify or
				  revoke and reissue any permit to incorporate an applicable effluent standard or
				  limitation under 33 U.S.C.
				  §§
													1311(b)(2)(C) and
				  (D),
				  1314(b)(2) and
				  1317(a)(2)
				  (Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act)
				  which is promulgated or approved after the permit is issued if that effluent
				  standard or limitation is more stringent than any effluent limitation in the
				  permit, or controls a pollutant not limited in the permit.
5. Water quality standards and State
				  requirements: any requirements in addition to or more stringent than
				  promulgated effluent limitations guidelines or standards under
				  33 U.S.C. §§
												1311,
				  1314,
				  1316,
				  1317,
				  1328, and
				  1345 (Sections 301, 304, 306, 307,
				  318, and 405 of the Clean Water Act) necessary to:
a. Achieve water quality standards;
				  established under 33 U.S.C.
				  §
													1313 (Section 303 of the Clean Water
				  Act);
b. Limitations must control
				  all pollutants or pollutant parameters (either conventional, nonconventional,
				  or toxic pollutants) which the Department determines are or may be discharged
				  at a level which will cause, have the reasonable potential to cause, or
				  contribute to an excursion above any State water quality standard, including
				  State narrative criteria for water quality.
c. When determining whether a discharge
				  causes, has the reasonable potential to cause, or contributes to an in-stream
				  excursion above a narrative or numeric criteria within a State water quality
				  standard, the permitting authority shall use procedures which account for
				  existing controls on point and nonpoint sources of pollution, the variability
				  of the pollutant or pollutant parameter in the effluent, the sensitivity of the
				  species to toxicity testing (when evaluating whole effluent toxicity), and
				  where appropriate, the dilution of the effluent in the receiving
				  water.
d. When the permitting
				  authority determines, using the procedures in this section, that a discharge
				  causes, has the reasonable potential to cause, or contributes to an in-stream
				  excursion above the allowable ambient concentration of a State numeric criteria
				  within a State water quality standard for an individual pollutant, the permit
				  must contain effluent limits for that pollutant.
e. When the permitting authority determines,
				  using the procedures in this section, that a discharge causes, has the
				  reasonable potential to cause, or contributes to an in-stream excursion above
				  the numeric criterion for whole effluent toxicity, the permit must contain
				  effluent limits for whole effluent toxicity.
f. Except as provided in this subparagraph,
				  when the permitting authority determines, using the procedures in this section,
				  toxicity testing data, or other information, that a discharge causes, has the
				  reasonable potential to cause, or contributes to an in-stream excursion above a
				  narrative criterion within an applicable State water quality standard, the
				  permit must contain effluent limits for whole effluent toxicity. Limits on
				  whole effluent toxicity are not necessary where the permitting authority
				  demonstrates in the fact sheet or statement of basis of the RIPDES permit,
				  using the procedures in this section, that chemical-specific limits for the
				  effluent are sufficient to attain and maintain applicable numeric and narrative
				  State water quality standards.
g.
				  Where the State has not established a water quality criterion for a specific
				  chemical pollutant that is present in an effluent at a concentration that
				  causes, has the reasonable potential to cause, or contributes to an excursion
				  above a narrative criterion within an applicable State water quality standard,
				  the permitting authority must establish effluent limits using one or more of
				  the following options:
(1) Establish effluent
				  limits using a calculated numeric water quality criterion for the pollutant
				  which the permitting authority demonstrates will attain and maintain applicable
				  narrative water quality criteria and will fully protect the designated use.
				  Such a criterion may be derived using a proposed State criterion, or an
				  explicit State policy or regulation interpreting its narrative water quality
				  criterion, supplemented with other relevant information which may include:
				  EPA's Water Quality Standards Handbook, risk assessment data, exposure data,
				  information about the pollutant from the Food and Drug Administration, and
				  current EPA criteria documents; or
(2) Establish effluent limits on a
				  case-by-case basis, using EPA's water quality criteria, published under
				  33 U.S.C. §
														1314(a) (Section 304(a) of
				  the Clean Water Act), supplemented where necessary by other relevant
				  information; or
(3) Establish
				  effluent limitations on an indicator parameter for the pollutant of concern,
				  provided:
(AA) The permit identifies which
				  pollutants are intended to be controlled by the use of the effluent
				  limitation;
(BB) The fact sheet
				  sets forth the basis for the limit, including a finding that compliance with
				  the effluent limit on the indicator parameter will result in controls on the
				  pollutant of concern which are sufficient to attain and maintain applicable
				  water quality standards;
(CC) The
				  permit requires all effluent and ambient monitoring necessary to show that
				  during the term of the permit the limit on the indicator parameter continues to
				  attain and maintain applicable water quality standards; and
(DD) The permit contains a reopener clause
				  allowing the permitting authority to modify or revoke and reissue the permit if
				  the limits on the indicator parameter no longer attain and maintain applicable
				  water quality standards.
h. When developing water quality-based
				  effluent limits under this paragraph the permitting authority shall ensure
				  that:
(1) The level of water quality to be
				  achieved by limits on point sources established under this paragraph is derived
				  from, and complies with all applicable water quality standards; and
(2) Effluent limits developed to protect a
				  narrative water quality criterion, a numeric water quality criterion, or both,
				  are consistent with the assumptions and requirements of any available wasteload
				  allocation for the discharge prepared by the State and approved by EPA pursuant
				  to 40 C.F.R. §
														130.7.
(3) Attain or maintain a specified water
				  quality through water quality-related effluent limits established under
				  33 U.S.C. §
														1312 (Section 302 of the Clean Water
				  Act);
(4) Conform to applicable
				  water quality requirements under
				  33 U.S.C. §
														1341(a)(2) (Section
				  401(a)(2) of the Clean Water Act) when the discharge affects a state other than
				  the certifying State;
(5)
				  Incorporate any more stringent limitations, treatment standards, or schedule of
				  compliance requirements established under Federal or State law or regulations
				  in accordance with 33 U.S.C.
				  §
														1311(b)(1)(C)
				  (Section 301(b)(1)(C) of the Clean Water Act) or R.I. Gen. Laws Chapter
				  46-12;
(6) Ensure consistency with
				  the requirements of a Water Quality Management plan approved by EPA and the
				  Governor of Rhode Island under
				  33 U.S.C. §
														1288(b) (Section 208(b) of
				  the Clean Water Act);
(7)
				  Incorporate Section 403(c) criteria under
				  40 C.F.R. §
														125 Subpart M, incorporated above at §
													1.3(B) of
				  this Part for ocean discharges;
(8)
				  Incorporate alternative effluent limitations or standards where warranted by
				  "fundamentally different factors", under
				  40 C.F.R. §
														125 Subpart D, incorporated above at §
													1.3(B) of
				  this Part.
6.
				  Toxic pollutants: limitations established under §§
											1.16(A)(1),
				  1.16(A)(3)
				  and 1.16(A)(5)
				  of this Part to control pollutants meeting the criteria listed in §
											1.16(A)(6)(a)
				   of this Part, shall be established in
				  accordance with §
											1.16(A)(6)(b)
				  of this Part. An explanation of the development of these limitations shall be
				  included in the fact sheet under §
											1.40 of this Part.
a. Limitations must control all toxic
				  pollutants which:
(1) The Department
				  determines (based on information reported in a permit application under §
													1.11 of this Part or in a
				  notification under §
													1.17(A) of
				  this Part or on other information) are or may be discharged at a level greater
				  than the level which can be achieved by the technology-based treatment
				  requirements appropriate to the permittee under
				  40 C.F.R. §
														125.3(c), incorporated above
				  at §
													1.3(B) of
				  this Part; or
(2) The discharger
				  does or may use or manufacture as an intermediate or final product or
				  byproduct.
b. The
				  requirement that the limitations control the pollutants meeting the criteria of
				  §
												1.16(A)(6)(a)
				   of this Part will be satisfied by:
(1) Limitations on those pollutants;
				  or
(2) Limitations on other
				  pollutants which, in the judgement of the Department, will provide treatment of
				  the pollutants under §
													1.16(A)(6)(a)
				  of this Part to the levels required by
				  40 C.F.R. §
														125.3(c), incorporated above
				  at §
													1.3(B) of
				  this Part.
7.
				  Maximum Daily Discharge Limitations. The requirement that the permit contain a
				  list of all pollutants for which a permittee must report violations of maximum
				  daily discharge limitations. This list shall include any toxic pollutant or
				  hazardous substance, or any pollutant specifically identified as the method to
				  control a toxic pollutant or hazardous substance.
8. Best Management Practices: Adopt best
				  management practices to control or abate the discharge of pollutants when:
a. Authorized under
				  33 U.S.C. §
													1314(e) (Section 304(e) of
				  the Clean Water Act) for the control of toxic pollutants and hazardous
				  substances from ancillary activities;
b. Authorized under
				  33 U.S.C. §
													1342(p) (Section 402(p) of
				  Clean Water Act) for the control of storm water discharges;
c. Numeric effluent limitations are
				  infeasible, or
d. The practices are
				  reasonably necessary to achieve effluent limitations and standards or to carry
				  out the purposes and intent of the State and Federal Acts.
9. Notification Level: The requirement that
				  the permit contain a "notification level" which may not exceed those levels
				  provided in §
											1.17(A) of
				  this Part or the level which can be achieved by the technology-based treatment
				  requirements appropriate to the permittee under
				  40 C.F.R. §
												125.3(c), incorporated above
				  at §
											1.3(B) of
				  this Part.
10. Qualifying State, or
				  local programs. A qualifying local program is a local or State storm water
				  management program that the Department determines, at a minimum, the relevant
				  requirements in §
											1.32(E)(3)(b)
				  of this Part are imposed. Where a qualifying State, or local program does not
				  include one or more of the elements as conditions in the permit, the operator
				  of the MS4 is required to include the missing elements in the storm water
				  management program.
a. For storm water
				  discharges associated with small construction activity identified in §
												1.4 of this Part, the
				  Department may include permit conditions that incorporate qualifying State, or
				  local erosion and sediment control program requirements by reference. A
				  qualifying State, or local erosion and sediment control program is one that
				  includes:
(1) Requirements for construction
				  site operators to implement appropriate erosion and sediment control best
				  management practices;
(2)
				  Requirements for construction site operators to control waste, such as
				  discarded building materials, concrete truck washout, chemicals, litter, and
				  sanitary waste at the construction site that may cause adverse impacts to water
				  quality;
(3) Requirements for
				  construction site operators to develop and implement a storm water pollution
				  prevention plan. (A storm water pollution prevention plan includes site
				  descriptions, description of appropriate control measures, copies of approved
				  State or local requirements, maintenance procedures, inspection procedures, and
				  identification of non-storm water discharges); and
(4) Requirements to submit a site plan for
				  review that incorporates consideration of potential water quality
				  impacts.
b. For storm
				  water discharges from construction activity identified in §
												1.4 of this Part, the
				  Department may include permit conditions that incorporate qualifying State, or
				  local erosion and sediment control program requirements by reference. A
				  qualifying State, or local erosion and sediment control program is one that
				  includes the elements listed in §
												1.16(A)(10)(a)
				  of this Part and any additional requirements necessary to achieve the
				  applicable technology-based standards of "best available technology" and "best
				  conventional technology" based on the best professional judgement of the permit
				  writer.