Sec. 18 AAC 83.520 - Production-based limitations
§ 18 AAC 83.520. Production-based limitations
(a) For a POTW, permit effluent limitations, standards, or prohibitions must be calculated based on design flow. Except for a POTW or as provided in (b) of this section, any permit limitations, standards, or prohibitions that are based on production or other measure of operation must be calculated on a reasonable measure of actual production of the facility, not on the designed production capacity. A new source or new discharger must estimate actual production based on projected production. The measure of production must be calculated over a time period corresponding to the time period of the calculated permit limitations; for example, monthly production must be used to calculate average monthly discharge limitations.
(b) The department may include a condition establishing alternate permit limitations, standards, or prohibitions based upon an anticipated decrease or increase in production levels, but not exceeding maximum production capability.
(c) For the automotive manufacturing industry only, the department may establish a condition under (b) of this section if the applicant satisfactorily demonstrates to the department when the application is submitted that its actual production is substantially below maximum production capability and actual production, as delineated in (a) of this section, has reasonable potential to increase during the term of the permit.
(d) If the department establishes permit conditions under (b) of this section, the permit must require the permittee to
(1) notify the department at least two business days before a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit; the notice must specify the anticipated level and the period during which the permittee expects to operate at the alternate level; if the notice covers more than one month, the notice must specify the reasons for the anticipated production level increase; a new notice of discharge at an alternate level is required to cover a period or production level not covered by a previous notice or, if during two consecutive months otherwise covered by a notice, the production level at the permitted facility does not in fact meet the higher level designated in the notice;
(2) comply with the limitations, standards, or prohibitions that correspond to the lowest level of production specified in the permit, unless the permittee has notified the department under (d)(1) of this section, in which case the permittee shall comply with the lower of the actual level of production during each month or the level specified in the notice; and
(3) submit with the discharge monitoring report the level of production that actually occurred during each month and the limitations, standards, or prohibitions applicable to that level of production.(Eff. 7/29/2006, Register 179)
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