Authority: IC
13-14-8; IC
13-15-1-2;
IC
13-15-2-1;
IC 13-18-3
Affected: IC
13-18-4; IC
13-18-19
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.
