327 IAC 5-20-3 Conditional and provisional authorization to revise categorical standards

Sec. 3. (a) The requirements for conditional and provisional authorization to revise categorical standards are as follows: (1) A POTW may submit an application to the commissioner for conditional authority to revise discharge limits contained in categorical pretreatment standards prior to approval of its POTW pretreatment program. The application must conform to the requirements of section 2 of this rule. (2) The commissioner may approve an application for conditional authority to revise discharge limits if the commissioner determines that consistent removal has been adequately demonstrated for the specific pollutant proposed for discharge limit revision. The public notice and comment procedures of 327 IAC 5-19-5 may be omitted by the commissioner in approving an application under this section. However, at the time the commissioner gives public notice of the POTW's request for approval of its POTW pretreatment program, the commissioner shall also give public notice of the intent to ratify or not ratify the conditional authorization to revise discharge limits. (3) If the commissioner approves the application for conditional authorization, the POTW may proceed to revise the discharge limits for the specific pollutants identified in the application subject to the following conditions: (A) Except for section 1(a)(2) of this rule, the conditions specified by section 1 of this rule. (B) The POTW must submit to the commissioner an application for a POTW pretreatment program approval meeting the requirements of 327 IAC 5-19-2, 327 IAC 5-19-3, and 327 IAC 5-19-4 in a timely manner, not to exceed the time limitation set forth in a compliance schedule for development of a POTW pretreatment program included in the POTW's NPDES permit. (C) If a POTW grants a conditional revision and the commissioner subsequently makes a final determination, after notice and an opportunity for a hearing, that the POTW failed to comply with the conditions stated in this section, the following shall occur: (i) The conditional revision shall be terminated by the commissioner. (ii) An industrial user to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standard within a reasonable time, though not in excess of the time period prescribed in the applicable categorical pretreatment standard, as specified by the commissioner. (b) For pollutants that are not currently being discharged, including pollutants expected from new or modified facilities or production changes, application may be made for provisional authorization to revise discharge limits in the applicable categorical pretreatment standard prior to initial discharge of the pollutant. Consistent removal may be based provisionally on data from treatability studies or demonstrated removal at other comparable treatment facilities where the quality and quantity of influent are similar. The procedures and conditions for provisional authorization shall be those set forth in subsection (a), except as follows: (1) The information required for the application under section 2(b)(2) and 2(b)(5) of this rule shall be temporarily waived and the treatability data or other alternate basis for projecting removal submitted instead. (2) Within eighteen (18) months after discharge of the pollutants granted for provisional authorization, the data specified in section 2(b)(2) and 2(b)(5) of this rule shall be gathered and submitted to the commissioner. If the data fail to demonstrate consistent removal of the pollutant, the following shall occur: (A) The provisional revision shall be terminated by the commissioner. (B) An industrial user that had been given revised discharge limits shall achieve compliance with the applicable categorical standards within a reasonable time, though not in excess of the time period prescribed in the applicable standards, as specified by the commissioner. Conversely, if the data confirm consistent removal of the pollutants in question, the commissioner shall ratify the provisional authorization.