Sec. 18 AAC 83.310 - Permit application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers

ยง 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.

(Eff. 7/29/2006, Register 179)

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

The following state regulations pages link to this page.