327 IAC 5-3.5-2 Applicability

Sec. 2. (a) An SMV shall be available for the duration of the NPDES permit issued to a wastewater discharging facility that has an NPDES permit in effect containing a discharge limitation for mercury that cannot be achieved consistently by the facility. (b) Application for a variance under this rule meets the requirements for a variance under IC 13-14-8-9 and rules adopted by the board. (c) An SMV is not available for the following: (1) New or recommencing Great Lakes system dischargers except as provided under 327 IAC 2-1.5-17(a)(3). (2) Applicants seeking an interim limit whose effluent contains mercury at an average concentration, as determined under section 8(a) of this rule, greater than thirty (30) ng/l (parts per trillion).