25 Pa. Code § 95.4 - Extensions of time to achieve water quality based effluent limitations
(a) The Department
may grant a discharger an extension of time to achieve water quality based
effluent limitations imposed under Chapter 93 (relating to water quality
standards) for specific pollutants, if all of the following requirements are
met:
(1) The discharge was in existence on
October 8, 1979, or the date on which the water quality standards applicable to
the specific pollutants were originally promulgated, whichever is
later.
(2) The discharger either:
(i) Has installed Best Demonstrated
Technology (BDT) as defined in this section.
(ii) Has installed Best Available Technology
Economically Achievable (BAT), Best Conventional Pollutant Control Technology
(BCT), or new source standards of performance, as applicable, established by
the Administrator of the United States Environmental Protection Agency under
33 U.S.C.A. §§
1314(b) and
1316 or their equivalent as
determined by the Department and will install BDT in accordance with a schedule
acceptable to the Department.
(3) The installation of BDT will not result
in the discharger achieving the water quality based effluent limitations for
the pollutants in question.
(4) The
discharger demonstrates, to the satisfaction of the Department, additional
efforts to meet the water quality based effluent limitations by:
(i) Modifying process materials or production
methods; or both.
(ii) Utilizing an
alternate point of wastewater discharge-including the use of land application
of wastewater.
(iii) Implementing
wastewater management practices such as wastewater recycling, wastewater reuse
and good housekeeping.
(iv)
Conducting research into the application of new or innovative wastewater
treatment technologies or management practices-including carrying out
pilot-plant operations of sufficient size and duration to demonstrate
adequately the technical feasibility of such treatment technologies or
management practices.
(b) Subsection (a) shall not apply to any of
the following:
(1) New sources as defined
under 33 U.S.C.A. §
1316.
(2) Toxic pollutant effluent standards or
prohibitions established under
33 U.S.C.A. §
1317(a).
(3) Dischargers which have a history of
noncompliance with the Clean Streams Law (35 P. S. §§
691.1-691.1001) or the regulations
promulgated thereunder, this article, or the terms and conditions of permits or
Department orders issued pursuant thereto. A discharger's timely installation
of BDT and the other methods set forth in subsection (a)(4) which do not result
in achievement of water quality based effluent limitations, shall not be
considered noncompliance for the purposes of this subsection.
(c) Requests for time extensions
shall be in writing, and shall contain information sufficient to demonstrate
that the requirements specified in subsection (a) have been, or will be,
met.
(d) Extensions shall be for a
limited period of time, not to exceed 5 years, which will be specified by the
Department in permits issued under the Clean Streams Law (35 P. S. §§
691.1-691.1001). A discharger's
extension of time may be renewed, for a period of time for each extension not
to exceed 5 years, if the requirements for the extension continue to be
met.
(e) During the initial
extension period, and subsequent extension renewal, the discharger shall submit
periodic progress reports to the Department, at a frequency acceptable to the
Department, but in no case less than once every year detailing its efforts to
meet the water quality based effluent limitations in question.
(f) Failure by the discharger to implement
any of the requirements contained in subsections (a)-(e) will result in the
imposition and enforcement by the Department of the required water quality
based effluent limitations.
(g) The
following definition shall apply for the purpose of implementing subsections
(a)-(f): Best Demonstrated Technology (BDT)-The combination of
wastewater treatment technologies and management practices which have been
demonstrated, to the satisfaction of the Department, to achieve the most
effective degree of pollutant reduction applicable to the type of wastewater
and pollutants in question. The determination of BDT shall be based upon the
documented results of either full-scale installation and operation of treatment
technologies and management practices, or investigation and pilot-plant
operations carried out by the discharger. In no case shall BDT be less
stringent than Best Available Technology Economically Achievable (BAT), Best
Conventional Pollutant Control Technology (BCT), or standards of performance
for new sources for the wastewater and pollutants as determined by the
Administrator of the United States Environmental Protection Agency under
33 U.S.C.A. §§
1314(b) and
1316.
Notes
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