18 AAC 83.310 - Permit application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers
(a)
Information
requirements.Except for a facility subject to the requirements of
18
AAC 83.315, an applicant for an APDES permit for an
existing discharge from a manufacturing, commercial, mining, or silvicultural
facility or activity shall provide the following information to the department,
using the applicable forms specified in
18
AAC 83.305(a):
(1) the latitude and longitude of each outfall
location to the nearest 15 seconds and the name of each receiving
water;
(2) for each outfall
(A) a narrative identifying each type of
process, operation, or production area that contributes wastewater to the
effluent from that outfall, including process wastewater , cooling water, and
storm water runoff; processes, operations, or production areas may be described
in general terms, such as "dye-making reactor" or "distillation tower";
(B) the average flow that each process
contributes and a description of the treatment the wastewater receives, including
the ultimate disposal of any solid or fluid wastes other than by
discharge ;
(C) for a privately owned
treatment works , the identity of each user of the treatment works;
(D) the average flow of point sources composed
of storm water ; for this sub-paragraph, the average flow may be
estimated;
(E) the basis for the
rainfall event with the method of estimation;
(3) a description of the frequency, duration,
and flow rate of each discharge occurrence, except for storm water runoff,
spillage, or leaks, for any of the discharges described in (a)(2) of this section
that are intermittent or seasonal;
(4) a reasonable measure of the applicant's
actual production reported in the units used in the applicable effluent
guideline, if an effluent guideline promulgated under
33 U.S.C.
1314 applies to the applicant and is expressed
in terms of production or other measure of operation; the reported measure must
reflect the actual production of the facility as required by
18
AAC 83.520;
(5) if the applicant is subject to any present
requirements or compliance schedules for construction, upgrading, or operation of
waste treatment equipment, an identification of the abatement requirement, a
description of the abatement project, and a listing of the required and projected
final compliance dates;
(6) a listing
of any toxic pollutant that the applicant currently uses or manufactures as an
intermediate or final product or byproduct, except that the department may waive
or modify this requirement
(i) if the applicant
demonstrates that it would be unduly burdensome to identify each toxic pollutant ;
and
(ii) the department has adequate
information to issue the permit;
(7) an identification of any biological
toxicity tests that the applicant knows or has reason to believe have been made
within the last three years on any of the applicant's discharges or on a
receiving water in relation to a discharge ;
(8) the identity of each laboratory or firm and
the analyses performed, if a contract laboratory or consulting firm performed any
of the analyses required by (c) of this section.
(b)
Line drawing.The owner or
operator of a facility subject to this section shall submit with an application a
line drawing of the water flow through the facility with a water balance, showing
operations contributing wastewater to the effluent and treatment units. In the
line drawing, similar processes, operations, or production areas may be indicated
as a single unit, labeled to correspond to the more detailed identification under
(a)(2) of this section. The water balance must show approximate average flows at
intake and discharge points and between units, including treatment units. If a
water balance cannot be determined for certain activities such as mining, the
applicant may instead provide a pictorial description of the nature and amount of
any sources of water and any collection and treatment measures.
(c)
Effluent characteristics.In
addition to the items of information listed in (a) and (b) of this section, and
except for information on storm water discharges required by
40 C.F.R.
122.26, adopted by reference in
18
AAC 83.010, an applicant for an APDES permit for an
existing facility described in (a) of this section shall
(1) collect, prepare, and submit information
regarding the discharge of pollutants specified in this section and effluent
characteristics; and
(2) when
quantitative data for a pollutant are required, collect a sample of effluent and
analyze it for the pollutant in accordance with analytical methods approved under
40 C.F.R. Part 136, adopted by reference in
18
AAC 83.010, except that when no analytical method is
approved, the applicant may use any suitable method but must describe the
method.
(d)
Grab
sampling.An applicant for an APDES permit under this section shall use
grab samples in providing information regarding pH, temperature, cyanide, total
phenols, residual chlorine, oil and grease, fecal coliform, and fecal
streptococcus. For all other pollutants, the applicant shall use 24-hour
composite samples, except that a minimum of one grab sample may be taken for
effluents from holding ponds or other impoundments with a retention period
greater than 24 hours. For discharges other than storm water discharges, the
department may waive composite sampling for any outfall for which the applicant
demonstrates that the use of an automatic sampler is not feasible and that a
minimum of four grab samples will be a representative sample of the effluent
being discharged.
(e)
Exceptions to testing and data provision requirements for effluent
characteristics.For purposes of (c) of this section,
(1) when an applicant has two or more outfalls
with substantially identical effluents, the department may allow the applicant to
test only one outfall and report that the quantitative data also apply to the
substantially identical outfall;
(2)
an applicant's duty under (j), (k), and (l) of this section to
provide quantitative data for certain pollutants known or believed to be present
does not apply to pollutants present in a discharge solely as the result of their
presence in intake water; however, an applicant shall report that those
pollutants are present.
(f)
Storm water discharges.For
storm water discharges associated with an existing facility described in (a) of
this section,
(1) all samples must be collected
from the discharge resulting from a storm event and shall be collected at least
72 hours from the previously measurable storm event, and, where feasible, from a
storm event that does not exceed the duration and total rainfall of the average
or median storm event in that area by more than 50 percent;
(2) a flow-weighted composite sample must be
taken for either the entire discharge or for the first three hours of the
discharge , except for the following:
(A) the
sampling may be taken with a continuous sampler or as a combination of a minimum
of three sample aliquots taken in each hour of discharge for the entire discharge
or for the first three hours of the discharge , with each aliquot being separated
by a minimum period of 15 minutes; if the department approves, an applicant for a
storm water discharge permit under
40 C.F.R.
122.26(d), adopted by
reference in
18
AAC 83.010, may collect flow-weighted composite samples
using different protocols with respect to the time duration between the
collection of sample aliquots;
(B) a
minimum of one grab sample may be taken for storm water discharges from holding
ponds or other impoundments with a retention period greater than 24
hours;
(C) for a flow-weighted
composite sample, only one analysis of the composite of aliquots is
required;
(3) for samples
taken from discharges associated with industrial activities, quantitative data
must be reported for the grab sample taken during the first 30 minutes, or as
soon thereafter as practicable, of the discharge for all pollutants specified in
40 C.F.R.
122.26(c)(1), adopted by
reference in
18
AAC 83.010, except that for all storm water permit
applicants taking flow-weighted composites, quantitative data must be reported
for all pollutants specified in
40 C.F.R.
122.26, adopted by reference in
18
AAC 83.010, but not for pH, temperature, cyanide, total
phenols, residual chlorine, oil and grease, fecal coliform, and fecal
streptococcus;
(4) the department
may, on a case-by-case basis, allow or establish appropriate site-specific
sampling procedures or requirements, including
(A) sampling locations;
(B) the season in which the sampling takes
place;
(C) the minimum duration
between the previous measurable storm event and the sampled storm
event;
(D) the minimum or maximum
level of precipitation required for an appropriate storm event;
(E) the form of precipitation sampled, whether
snow melt or rain fall;
(F) protocols
for collecting samples under 40 C.F.R. Part 136, adopted by reference in
18
AAC 83.010; and
(G) additional time for submitting
data;
(5) an applicant is
deemed to know or have reason to believe that a pollutant is present in an
effluent if an evaluation of the expected use, production, or storage of the
pollutant , or any previous analyses for the pollutant , show that pollutant 's
presence.
(g)
Reporting requirements.Unless a reporting requirement is waived
under (h) of this section, every applicant subject to this section shall report
quantitative data for the following pollutants for every outfall:
(1) biochemical oxygen demand;
(2) chemical oxygen demand;
(3) total organic carbon;
(4) total suspended solids;
(5) ammonia, as N;
(6) temperature in both winter and summer,
respectively;
(7) pH.
(h)
Waiver.The
department may waive the reporting requirements for individual point sources or
for a particular industry category for one or more of the pollutants listed in
(g) of this section if the applicant demonstrates that information adequate to
support issuance of a permit can be obtained with less stringent
requirements.
(i)
Processes in
one or more primary industry categories.Except as provided in (n) of this
section, an applicant with an existing facility described in (a) of this section
that has processes that qualify in one or more of the primary industry categories
shown in Appendix A to 40 C.F.R. Part 122, adopted by reference in
18
AAC 83.010, contributing to a discharge , must report
quantitative data for pollutants in each outfall containing process wastewater as
follows:
(1) data for the organic toxic
pollutants listed in Table II of Appendix D to 40 C.F.R. Part 122, adopted by
reference in
18
AAC 83.010, in the fractions designated in Table I of
Appendix D to 40 C.F.R. Part 122, adopted by reference in
18
AAC 83.010; for purposes of this paragraph:
(A) Table II of Appendix D to 40 C.F.R. Part
122, lists the organic toxic pollutants in each fraction; the fractions result
from the sample preparation required by the analytical procedure that uses gas
chromatography/mass spectrometry;
(B)
if the department determines that an applicant falls within an industrial
category for the purposes of selecting fractions for testing, that determination
does not establish the applicant's category for any other purpose; see Notes 2,
3, and 4 to 40 C.F.R.
122.21, as revised as of July 1,
2005;
(2) data for the
toxic metals, cyanide, and total phenols listed in Table III of Appendix D to 40
C.F.R. Part 122, adopted by reference in
18
AAC 83.010.
(j)
Disclosure regarding conventional and
nonconventional pollutants.An applicant for an APDES permit under this
section must disclose in an application whether the applicant knows or has reason
to believe that any of the conventional and nonconventional pollutants in Table
IV of Appendix D to 40 C.F.R. Part 122, adopted by reference in
18
AAC 83.010, are discharged from each outfall. If an
applicable effluent limitations guideline limits the pollutant either directly or
indirectly by express limitations on an indicator, the applicant must report
quantitative data. For every pollutant discharged that is not limited in an
effluent limitations guideline, the applicant must either report quantitative
data or briefly describe the reasons the pollutant is expected to be
discharged.
(k)
Disclosure
regarding organic toxic pollutants, toxic metals, cyanide, or total
phenols.An applicant for an APDES permit under this section must disclose
in an application whether the applicant knows or has reason to believe that any
of the organic toxic pollutants listed in Table II or the toxic metals, cyanide,
or total phenols listed in Table III of Appendix D to 40 C.F.R. Part 122, adopted
by reference in
18
AAC 83.010, for which quantitative data are not
otherwise required under (i) of this section, are discharged from each outfall.
Unless an applicant qualifies as a small business under (n) of this section, the
applicant must
(1) report quantitative data for
every pollutant expected to be discharged in concentrations of 10 parts per
billion or greater;
(2) report
quantitative data for acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,
6 dinitrophenol, if any of these four pollutants are expected to be discharged in
concentrations of 100 parts per billion or greater; and
(3) for every pollutant expected to be
discharged in concentrations less than 10 parts per billion, or in the case of
acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, in
concentrations less than 100 parts per billion, either submit quantitative data
or briefly describe the reasons the pollutant is expected to be
discharged.
(l)
Disclosure regarding asbestos or hazardous substances in
discharge .An applicant for an APDES permit under this section must
disclose in an application whether the applicant knows or has reason to believe
that asbestos or any of the hazardous substances listed in Table V of Appendix D
to 40 C.F.R. Part 122, adopted by reference in
18
AAC 83.010, are discharged from each outfall. For every
pollutant expected to be discharged, the applicant must briefly describe the
reasons the pollutant is expected to be discharged and report any quantitative
data it has for any pollutant .
(m)
Disclosure regarding certain chlorinated compounds.An applicant for
an APDES permit under this section must disclose in an application and report
qualitative data, generated using a screening procedure not calibrated with
analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if the
applicant
(1) uses or manufactures the
following:
(A) 2,4,5-trichlorophenoxy acetic
acid (2,4,5,-T);
(B)
2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP);
(C) 2-(2,4,5-trichlorophenoxy) ethyl,
2,2-dichloropropionate (Erbon);
(D)
o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel);
(E) 2,4,5-trichlorophenol (TCP);
(F) hexachlorophene (HCP); or
(2) knows or has reason to believe
that TCDD is or may be present in an effluent.
(n)
Small business exemption.An
applicant under this section is exempt from the quantitative data requirements in
(i)(1) or (k) of this section for the organic toxic pollutants listed in Table II
of Appendix D to 40 C.F.R. Part 122, adopted by reference in
18
AAC 83.010, if that applicant qualifies as a small
business under one of the following criteria:
(1) the applicant is a coal mine with an
expected total annual production of less than 100,000 tons per year;
(2) the applicant has gross total annual sales
averaging less than $233,000 per year in 2003 dollars.
(o)
Additional information.In
addition to the information reported on the application form, an applicant under
this section shall provide to the department, at the department's request, any
other information that the department may reasonably require to assess the
discharges of the facility and to determine whether to issue an APDES permit. The
additional information may include additional quantitative data and bioassays to
assess the relative toxicity of discharges to aquatic life and information
required to determine the cause of the toxicity.
(p)
Definition.In this section,
"storm event" means a rainfall greater than.1 inch.
Notes
Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
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