327 IAC 5-9-2 - Applicability of best management practices (BMPs)
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. 2.
(a)
Dischargers who use, manufacture, store, handle, or discharge any pollutant
listed as toxic under section 307(a)(1) of the CWA, any pollutant listed as
hazardous under section 311 of the CWA, or on a case-by-case basis, other
materials which may cause pollution if they are discharged are subject to the
requirements of this rule for all activities which may result in significant
amounts of those pollutants reaching waters of the state. These activities are
ancillary manufacturing operations including the following:
(1) Materials storage areas.
(2) In-plant transfer.
(3) Process and material handling
areas.
(4) Loading and unloading
operations.
(5) Plant site
runoff.
(6) Sludge and waste
disposal areas.
(b) For
purposes of this rule, "manufacture" means to produce as an intermediate or
final product or byproduct.
(c) BMP
programs shall be developed in accordance with good engineering
practices.
(d) The BMP program
shall:
(1) be documented in narrative form,
and shall include any necessary plot plans, drawings, or maps;
(2) establish specific objectives for the
control of toxic and hazardous pollutants as follows:
(A) Each facility component or system shall
be examined for its potential for causing a release of significant amounts of
toxic or hazardous pollutants to waters of the United States due to equipment
failure, improper operation, or natural phenomena such as rain or snowfall,
etc.
(B) Where experience indicates
a reasonable potential for equipment failure, for example, a tank overflow or
leakage, natural condition, for example, precipitation, or other circumstances
to result in significant amounts of toxic or hazardous pollutants reaching
surface waters, the program should include a prediction of the direction, rate
of flow, and total quantity of toxic or hazardous pollutants which could be
discharged from the facility as a result of each condition or circumstance;
and
(3) establish
specific best management practices to meet the objectives identified under
subdivision (2), addressing each component or system capable of causing a
release of significant amounts of toxic or hazardous pollutants to the waters
of the state.
(e) Also,
the BMP program:
(1) may reflect requirements
for Spill Prevention Control Countermeasure (SPCC) plans under section 311 of
the CWA and may incorporate any part of such plans into the BMP program by
reference;
(2) shall assure the
proper management of solid and hazardous waste in accordance with regulations
promulgated under the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (RCRA) (40 U.S.C. 6901 et
seq.). Management practices required under RCRA regulations shall be expressly
incorporated into the BMP program; and
(3) shall address the following points for
the ancillary activities:
(A) Statement of
policy.
(B) Spill control
committee.
(C) Material
inventory.
(D) Material
compatibility.
(E) Employee
training.
(F) Reporting and
notification procedures.
(G) Visual
inspections.
(H) Preventive
maintenance.
(I)
Housekeeping.
(J)
Security.
(f)
The BMP program must be clearly described and submitted as part of the permit
application. An application which does not contain a BMP program shall be
considered incomplete. Upon receipt of the application, the commissioner shall
approve or modify the program in accordance with the requirements of this
section. The BMP program as approved or modified shall be included in the draft
permit. The BMP program shall be subject to the applicable permit issuance
requirements of this rule, resulting in the incorporation of the program
(including any modifications of the program resulting from the permit issuance
procedures) into the final permit.
(g) Proposed modifications to the BMP program
which affect the discharger's permit obligations shall be submitted to the
commissioner for approval. If the commissioner approves the proposed BMP
program modification, the permit shall be modified in accordance with this
rule, provided that the commissioner may waive the requirements for public
notice and opportunity for hearing on such modification if it is determined
that the modification is not significant. The BMP program, or modification
thereof, shall be fully implemented as soon as possible but not later than one
(1) year after permit issuance, modification, or revocation and reissuance
unless the commissioner specifies a later date in the permit.
(h) The discharger shall maintain a
description of the BMP program at the facility and shall make the description
available to the commissioner upon request.
(i) The owner or operator of a facility
subject to this section shall amend the BMP program whenever there is a change
in facility design, construction operation, or maintenance which materially
affects the facility's potential for discharge of significant amounts of
hazardous or toxic pollutants into the waters of the state.
(j) If the BMP program proves to be
ineffective in achieving the general objective of preventing the release of
significant amounts of toxic or hazardous pollutants to those waters and the
specific objectives and requirements under subsections (d) and (e), the permit
and/or the BMP program shall be subject to modification to incorporate revised
BMP requirements.
Notes
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No prior version found.