327 IAC 5-3-13 Special procedures for decisions on thermal issues

Sec. 13. (a) Permit applicants who wish a final decision, prior to issuance of a final permit, on whether alternative thermal effluent limitations would be justified under section 316(a) of the CWA and whether cooling water intake structures employ the best available technology under section 316(b) of the CWA should request such an early decision and furnish supporting reasons at the time their applications are filed under 327 IAC 5-3-4(b)(5). The commissioner may, in the commissioner's discretion, grant or deny such a request. If it is granted, both the early decision on CWA section 316(a) or (b) issues and the determination on the balance of the permit shall be considered permit issuance under these rules (327 IAC 5-3), and shall be subject to the same requirements of public notice and comment and the same opportunity for an adjudicatory hearing. (b) If the commissioner, on review of the administrative record, determines that the information necessary to decide whether or not an alternative effluent limitation under section 316(a) of the CWA should be granted to a source is not likely to be available by the time a decision on permit issuance must be made, the commissioner may issue a permit for a term of up to five (5) years without making the CWA section 316(a) decision. This permit shall require that the point source achieve the effluent limitations initially proposed for the control of the thermal component of the discharge no later than the date otherwise required by applicable legal requirements. However, the permit shall also afford the permittee an opportunity to file a demonstration under section 316(a) of the CWA after conducting such studies as are required by 327 IAC 5-7. (c) Whenever the commissioner defers the CWA section 316(a) determination pursuant to subsection (b), any determination under section 316(b) of the CWA may also be deferred.