R18-9-A215. New or Adjusted Aquifer Water Quality Standards

A. Permit Amendment Schedule. Upon the effective date of a new or adjusted AWQS, the Director shall develop a schedule to amend issued individual permits to reflect the new or adjusted AWQS pursuant to R18-9-A211. B. Permit Amendment Requirement. Persons holding issued individual permits as of the effective date of a new or adjusted AWQS shall submit an administratively complete application to amend their permit to reflect a new or adjusted AWQS in accordance with the amendment schedule described in subsection (A). 1. Notwithstanding the amendment schedule described in subsection (A) above, administratively complete applications shall be submitted to the Department no later than four years after a new or adjusted AWQS effective date. 2. The requirement to submit an application to amend in subsection (B) is not applicable for pollutants with a new or adjusted AWQS that are within the scope of a demonstration submitted pursuant to subsection (H). C. Baseline Monitoring. Persons with issued individual permits as of a new or adjusted AWQS effective date shall begin Baseline Monitoring, pursuant to subsection (E) below, for a new or adjusted AWQS within three months, unless: 1. The permit has no ongoing monitoring requirements, 2. The permittee has not begun ongoing monitoring, 3. The permittee has submitted a request for an alternative timeframe, duration or frequency pursuant to subsection (D) below, or 4. The permittee has submitted a demonstration pursuant to subsection (H). 5. For the purposes of this subsection, “ongoing monitoring” means permit-required monitoring at groundwater point of compliance, discharge or other monitoring locations subject to alert levels, discharge limitations or AQLs based on AWQSs pursuant to R18-9-A205. D. Alternative Baseline Monitoring Timeframe, Duration and/or Frequency. Permittees subject to Baseline Monitoring may submit a request to conduct Baseline Monitoring under an alternative timeframe, monitoring duration and/or sampling frequency within three months of a new or adjusted AWQS effective date with reasonable cause for the request included therein. E. Baseline Monitoring Requirements. 1. Baseline Monitoring shall occur at permit-required groundwater point of compliance, discharge or other monitoring locations subject to alert levels, discharge limitations or AQLs based on AWQSs pursuant to R18-9- A205. 2. Subsection R18-9-A206(B) applies to Baseline Monitoring. 3. Permittees that have collected relevant samples prior to the Baseline Monitoring period at permit-required groundwater point of compliance, discharge or other monitoring locations subject to alert levels, discharge limitations or AQLs based on AWQSs pursuant to R18-9- A205, may use that data to develop the Baseline Monitoring Report. Previously collected data may be used to shorten or eliminate a Baseline Monitoring period if all data components: a. Are sampled pursuant to subsection (E)(4) below, b. Are analyzed using industry standard quality assurance and quality control procedures, c. Collectively, are representative of a complete data set per the applicable requirements of Baseline Monitoring, and d. Collectively, meet other applicable requirements of Baseline Monitoring. 4. Sampling for each pollutant with a new or adjusted AWQS shall be conducted using Arizona Department of Health Services-approved (ADHS) methods under A.A.C. R9-14-610, including methods on the ADHS Director Approved List, if available. If an ADHSapproved method does not exist, sampling shall be conducted using an appropriate EPA-approved method or a method specified by the ADEQ Director. 5. Groundwater Monitoring. Permittees that are required to monitor groundwater shall conduct Baseline Monitoring for a new or adjusted AWQS at the point of compliance monitoring location or locations for eight quarters unless an alternative timeframe, duration or frequency is approved by the Department pursuant to subsection (D) above. The Director may lengthen the monitoring period if one or more of the following events occur: a. A deviation from an operational practice or design authorized in the permit; b. An exceedance of any discharge limitation; c. An exceedance of a new or adjusted AWQS; d. A significant trend in the monitoring data; or e. Any other significant issue that affects the representativeness of Baseline Monitoring. 6. Discharge Monitoring. Permittees that are required to monitor discharge or water quality shall conduct Baseline Monitoring for a new or adjusted AWQS at the discharge monitoring location or locations on a monthly frequency for one year unless an alternative timeframe, duration or frequency is approved by the Department pursuant to subsection (D) above. If a permittee conducting Discharge Baseline Monitoring collects a sample that is at or above a new or adjusted AWQS, the permittee shall notify ADEQ within five days of becoming aware. The Director may lengthen the monitoring period if one or more of the following events occur: a. A deviation from an operational practice or design authorized in the permit; b. An exceedance of any discharge limitation; c. An exceedance of a new or adjusted AWQS; d. A significant trend in the monitoring data; or e. Any other significant issue that affects the representativeness of Baseline Monitoring. F. Baseline Monitoring Report. 1. At the conclusion of Baseline Monitoring, or upon the compilation of a complete and representative data set pursuant to subsection (E)(3) above, permittees shall develop a Baseline Monitoring Report within three months of receipt of the last sample result. 2. Permittees subject to both Groundwater and Discharge Baseline Monitoring may develop a combined, comprehensive Baseline Monitoring Report within three months of receipt of the last sample result. 3. The report shall characterize the discharge and/or groundwater quality at the permit-required monitoring locations pursuant to subsections (C) and (E) of this Section. 4. The report shall include: a. The sampling results of discharge and/or groundwater monitoring for a pollutant with a new or adjusted AWQS, b. A demonstration of the baseline concentration of a new or adjusted AWQS at permit-required groundwater point of compliance, discharge or other monitoring locations subject to alert levels, discharge limitations or AQLs based on AWQSs pursuant to R18-9-A205, c. Laboratory data from the entire Baseline Monitoring period, and d. An Alert Level, Discharge Limitation and/or AQL proposal in accordance with R18-9-A205, as applicable, for each pollutant with a new or adjusted AWQS. 5. A permittee may include additional information in a Baseline Monitoring Report. 6. The permittee shall submit the monitoring data in a manner prescribed by the Director. 7. After review by the Department, additional information may be required. G. Report Review and Permit Amendment. After the conclusion of Baseline Monitoring, a permittee shall submit an administratively complete application to amend their permit to reflect a new or adjusted AWQS in accordance with the amendment schedule described in subsection (A). The Baseline Monitoring Report shall be a component of the amendment application. Upon receipt, the Department shall review, process and determine whether a new or adjusted Alert Level, Discharge Limitation and/or AQL is required for a new or adjusted AWQS in accordance with R18-9-A205. Thereafter, the Department may incorporate, through a permit amendment, a new or adjusted Alert Level, Discharge Limitation and/or AQL for a new or adjusted AWQS in accordance with R18-9- A205. H. Unlikely to be Present in Discharge Demonstration. A pollutant with a new or adjusted AWQS shall be removed from the scope of Baseline Monitoring upon a demonstration that the pollutant is not likely to be present in a facility’s discharge. The Department may require a permittee to begin Baseline Monitoring for a pollutant with a new or adjusted AWQS after review of the demonstration if the Department has a reasonable basis to believe the pollutant is, or is likely to be, present in the facility’s discharge. Demonstrations may include, but are not limited to: 1. A characterization of the facility’s discharge in relation to the pollutant with a new or adjusted AWQS; 2. Past monitoring and sampling data at the facility and the facility’s site; or 3. Process or other information demonstrating that the pollutant is not used or generated at the site or is otherwise not likely to be present in discharges at the site. I. Permits Without Monitoring. The Department may require persons with issued individual permits as of the effective date of a new or adjusted AWQS without ongoing monitoring to reasonably characterize their discharge and/or groundwater quality in relation to a pollutant with a new or adjusted AWQS within a reasonable amount of time if the Department has a reasonable basis to believe a pollutant with a new or adjusted AWQS is, or is likely to be, present in the facility’s discharge. 1. For the purposes of this subsection, “ongoing monitoring” means permit-required monitoring at groundwater point of compliance, discharge or other monitoring locations subject to alert levels, discharge limitations or AQLs based on AWQSs pursuant to R18-9-A205. 2. A requirement to reasonably characterize discharge and/ or groundwater quality in relation to a pollutant with a new or adjusted AWQS does not apply upon the submission of a demonstration pursuant to subsection (H). The Department may require a permittee to reasonably characterize their discharge and/or groundwater quality in relation to a pollutant with a new or adjusted AWQS if, after review of a subsection (H) demonstration, the Department has a reasonable basis to believe the pollutant is, or is likely to be, present in the facility’s discharge.