327 IAC 5-7-3 Early screening of applications

Sec. 3. (a) Any initial application for a CWA section 316(a) variance shall include the following early screening information: (1) A description of the alternative effluent limitations requested. (2) A general description of the method by which the discharger proposes to demonstrate that the otherwise applicable thermal discharge effluent limitations are more stringent than necessary. (3) A general description of the type of data, studies, experiments, and other information which the discharger intends to submit for the demonstration. (4) Such data and information as may be available to assist the commissioner in selecting the appropriate representative important species. (b) After submitting the early screening information under subsection (a), the discharger shall consult with the commissioner at the earliest practicable time to discuss the discharger's early screening information. Within ninety (90) days after the application is filed, the discharger shall submit for the commissioner's approval a detailed plan of study which the discharger will undertake to support its demonstration under section 316(a) of the CWA. The discharger shall specify the nature and extent of the following type of information to be included in the plan of study: (1) Biological. (2) Hydrographical and meteorological data. (3) Physical monitoring data. (4) Engineering or diffusion models. (5) Laboratory studies. (6) Representative important species. (7) Other relevant information. In selecting representative important species, special consideration shall be given to species mentioned in applicable water quality standards. After the discharger submits its detailed plan of study, the commissioner shall either approve the plan or specify any necessary revisions to the plan. The discharger shall provide any additional information or studies which the commissioner subsequently determines necessary to support the demonstration, including such studies or inspections as may be necessary to select representative important species. The discharger may provide any additional information or studies which the discharger feels are appropriate to support the demonstration. (c) Any application for the renewal of a CWA section 316(a) variance need include only such information described in subsections (a) and (b) as the commissioner requests not later than one (1) year prior to the date on which the renewal application is due unless the commissioner can demonstrate good cause for making such a request at a later date. (d) The commissioner shall promptly notify the Secretary of Commerce, the Secretary of the Interior, and any affected state of the filing of the request and shall consider any timely recommendations they submit. (e) In making the demonstration, the discharger shall consider any information or guidance published by EPA to assist in making such demonstrations. (f) If an applicant desires a ruling on a CWA section 316(a) application before the ruling on any other necessary permit terms and conditions, it shall so request upon filing its application under subsection (a). This request shall be granted or denied at the discretion of the commissioner.