58.01.25.108 - DRAFT PERMIT AND FACT SHEET

58.01.25.108. DRAFT PERMIT AND FACT SHEET

01. Draft Permit. (3-20-20)T

a. If the Department decides to prepare a draft permit, it shall contain the following information: (3-20-20)T

i. All conditions established under Section 300 (Conditions Applicable to All Permits); (3-20-20)T

ii. All conditions for specific categories established under Section 301 (Permit Conditions for Specific Categories) and 40 CFR 122.42(e). (3-20-20)T

iii. All conditions established under Section 302 (Establishing Permit Provisions); (3-20-20)T

iv. All conditions established under Section 303 (Calculating Permit Provisions); (3-20-20)T

v. All monitoring requirements established under Section 304 (Monitoring and Reporting Requirements); (3-20-20)T

vi. Schedules of compliance established under Section 305 (Compliance Schedules); and (3-20-20)T

vii. Any variances that are approved. (3-20-20)T

b. General and individual proposed permits shall be available to the EPA Region 10 Administrator for comment as specified in Subsections 107.03 (Proposed Permit) and 107.04 (Final Permit). (3-20-20)T

02. Fact Sheets. (3-20-20)T

a. A fact sheet containing the information required in Subsection 108.02.b. must accompany the draft permit prepared for: (3-20-20)T

i. A major IPDES facility or activity; (3-20-20)T

ii. A Class I sludge management facility; (3-20-20)T

iii. An IPDES general permit; (3-20-20)T

iv. A permit that incorporates a variance or requires an explanation under Subsection 108.02.b.ix. through 108.02.b.x.; (3-20-20)T

v. A permit that includes a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix); and (3-20-20)T

vi. A permit that the Department finds is the subject of wide-spread public interest or raises major issues. (3-20-20)T

b. A fact sheet must briefly set out the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit and must include, if applicable, the following information: (3-20-20)T

i. A brief description of the type of facility or activity that is the subject of the draft permit; (3-20-20)T

ii. The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged; (3-20-20)T

iii. A brief summary of the basis for the draft permit conditions, including references to applicable statutes or regulations and appropriate supporting references to the administrative record; (3-20-20)T

iv. Reasons for the Department's tentative decision on any requested variances or alternatives to required standards; (3-20-20)T

v. A description of the procedures for reaching a final decision on the draft permit, including: (3-20-20)T

(1) The beginning and ending dates of the comment period under Subsection 109.02 and the address where comments should be submitted; (3-20-20)T

(2) The procedure for requesting a public meeting and the nature of that meeting; and (3-20-20)T

(3) Any other procedures by which the public may participate in the final decision; (3-20-20)T

vi. The name and telephone number of a person to contact for additional information; (3-20-20)T

vii. The justification for waiver of any application requirements under Section 105 (Application for an Individual IPDES Permit) for new and existing POTWs; (3-20-20)T

viii. Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable effluent limitation guideline or performance standard as required by Section 302 (Establishing Permit Provisions), and reasons why the effluent limitations and conditions are applicable, or an explanation of how any alternate effluent limitation was developed; (3-20-20)T

ix. If applicable, an explanation of why the draft permit contains the following conditions or waivers: (3-20-20)T

(1) Limitations to control toxic pollutants under Subsection 302.07; (3-20-20)T

(2) Limitations on internal waste streams under Section 304 (Monitoring and Reporting Requirements); (3-20-20)T

(3) Limitations on indicator pollutants under 40 CFR 125.3(g); (3-20-20)T

(4) Limitations established on a case-by-case basis under 40 CFR 125.3(c)(2) or (c)(3) or pursuant to the Clean Water Act section 405(d)(4); (3-20-20)T

(5) Limitations to meet the criteria for permit issuance under Subsection 103.07; or (3-20-20)T

(6) Waivers from monitoring requirements granted under Subsection 302.03; (3-20-20)T

x. For a draft permit for a treatment works owned by a person other than a state or municipality, an explanation of the Department's decision on regulation of users under Subsection 302.15; (3-20-20)T

xi. If appropriate, a sketch or detailed description of the location of the discharge or regulated activity described in the application; and (3-20-20)T

xii. For permits that include a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix), a brief description of how each of the required elements of the land application plan are addressed in the permit. (3-20-20)T

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