Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Appendix M - Criteria for Determining Alternative Effluent Limitations

Current through July 13, 2024
(a) With respect to any point source otherwise subject to the
				  provisions of Section 301 or Section 306 of the CWA, whenever the owner or
				  operator of any such source, after opportunity for public hearing can
				  demonstrate to the satisfaction of the administrator 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 protection and propagation of shellfish, fish and
				  wildlife in and on the body of water into which the discharge is to be made,
				  the administrator may impose an effluent limitation 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 appendix describes the
				  factors, criteria and standards for the establishment of alternative thermal
				  effluent limitations.
(b) Definitions.
(i) "Alternative effluent limitations" means all effluent
				  limitations or standards of performance for the control of the thermal
				  component of any discharge which are established under this appendix.
(ii) "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.
(iii) The term "balanced, indigenous community" is synonymous
				  with the term "balanced, indigenous population" in the CWA 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 CWA; and may not
				  include species whose presence or abundance is attributable to alternative
				  effluent limitations imposed pursuant to this appendix.
(c) Early screening of applications.
(i) Any initial application for an alternative effluent
				  limitation under this appendix shall include the following early screening
				  information:
(A) A description of the alternative effluent limitation
				  requested;
(B) A general description of the method by which the
				  applicant proposes to demonstrate that the otherwise applicable thermal
				  discharge effluent limitations are more stringent than necessary;
(C) A general description of the type of data, studies,
				  experiments and other information which the applicant intends to submit for the
				  demonstration; and
(D) Such data and information as may be available to assist
				  the administrator in selecting the appropriate representative important
				  species.
(ii) After submitting the early screening information under
				  Appendix M (c), the applicant shall consult with the administrator at the
				  earliest practicable time (but not later than 30 days after the application is
				  filed) to discuss the applicant's early screening information. Within 60 days
				  after the application is filed, the applicant shall submit for the
				  administrator's approval a detailed plan of study which the applicant will
				  undertake to support its demonstration under this appendix. The applicant shall
				  specify the nature and extent of the following type of information to be
				  included in the plan of study: biological, hydrographical and meteorological
				  data; physical monitoring data; engineering or diffusion models; laboratory
				  studies; representative important species; and other relevant information. In
				  selecting representative important species, special consideration shall be
				  given to species mentioned in applicable water quality standards. After the
				  applicant submits its detailed plan of study, the administrator shall either
				  approve the plan or specify any necessary revisions to the plan. The applicant
				  shall provide any additional information or studies which the administrator
				  subsequently determines necessary to support the demonstration, including such
				  studies or inspections as may be necessary to select representative important
				  species. The applicant may provide any additional information or studies which
				  the applicant feels are appropriate to support the demonstration.
(iii) Any application for the renewal of an alternative
				  effluent limitation under this appendix shall include only such information
				  described in Appendix M (c) (i) and (ii) as the administrator requests within
				  60 days after receipt of the permit application.
(iv) The administrator shall promptly notify the Regional
				  Administrator of the EPA and any affected state of the filing of the request
				  and shall consider any timely recommendations they submit.
(v) In making the demonstration, the applicant shall consider
				  any information or guidance published by EPA to assist in making such
				  demonstrations.
(vi) If an applicant desires a ruling on an application under
				  this appendix, before the ruling on any other necessary permit terms and
				  conditions, the applicant shall so request upon filing its application under
				  Appendix M (c) (i). This request shall be granted or denied at the discretion
				  of the administrator.
(d) Criteria and standards for the determination of
				  alternative effluent limitations under this appendix.
(i) Thermal discharge effluent limitations or standards
				  established in permits may be less stringent than those required by applicable
				  standards and limitations if the applicant demonstrates to the satisfaction of
				  the administrator 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 applicant, 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.
(ii) In determining whether or not the protection and
				  propagation of the affected species will be assured, the administrator may
				  consider any information contained or referenced in any applicable thermal
				  water quality criteria and thermal water quality information published by the
				  Administrator of the EPA under Section 304(a) of the CWA, or any other
				  information the administrator deems relevant.
(iii) Demonstration upon the absence of prior appreciable
				  harm.
(A) Existing permittees 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.
(iv) In determining whether or not prior appreciable harm has
				  occurred, the administrator shall consider the length of time in which the
				  applicant has been discharging and the nature of the
				  discharge.