Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4

Sec. 1. (a) Any POTW receiving wastewater from an industrial user that is required to meet a categorical pretreatment standard may revise the discharge limits specified by the standard for any specific pollutant or pollutants if the POTW has:

1. (1) applied for and received authorization from the commissioner to revise the discharge limits for a specific pollutant in accordance with this rule and 327 IAC 5-19-5; and
2. (2) a POTW pretreatment program approved under 327 IAC 5-19.

(b) The revised discharge limit for a specific pollutant must be:

1. (1) based upon the POTW's capability to consistently remove that pollutant, as demonstrated in accordance with section 2(b) of this rule; and
2. (2) calculated as provided in section 2(b)(4) of this rule.

A discharge limit revision for a toxic pollutant, that is listed pursuant to Section 307(a) of the Clean Water Act (33 U.S.C. 1317(a)), must be based on the POTW's ability to remove that toxic pollutant and not the ability to remove indicator or surrogate pollutants.

(c) A POTW with a combined sewer overflow or systems that overflow untreated wastewater into a receiving water at least once annually shall not be able to claim consistent removal of a pollutant unless achieving compliance with one (1) of the following:

1. (1) The industrial user provides containment, reduction, or otherwise ceases all discharges from the regulated processes of a pollutant for which a removal allowance is requested during all circumstances in which an overflow event can reasonably be expected to occur. Discharges must cease or be reduced, or pretreatment must be increased to the extent necessary, to compensate for the removal not being provided by the POTW. Allowances under this rule will not be granted unless the POTW submits to the commissioner evidence of the following:

   1. (A) All industrial users to which the POTW proposes to apply this rule have demonstrated the ability to contain, reduce, or otherwise cease, during circumstances in which an overflow event can reasonably be expected to occur, all discharges from the regulated processes that contain pollutants for which a removal allowance is requested.
   2. (B) The POTW has identified circumstances in which an overflow event can reasonably be expected to occur, and has a notification procedure or other viable plan in place to ensure that industrial users will learn of an impending bypass in sufficient time to contain, reduce, or cease its discharge to prevent untreated overflow from occurring. The POTW must also demonstrate that it will monitor and verify the data required in clause (C) to ensure that industrial users are containing, reducing, or ceasing operations during POTW overflows.

   3. (C) All industrial users to which the POTW proposes to apply this rule have demonstrated the ability and commitment to collect and make available upon request by the POTW, commissioner, or U.S. EPA regional administrator:

      1. (i) daily flow reports; or

      2. (ii) other data sufficient to demonstrate that all discharges from regulated processes containing the pollutant for which the removal allowance is requested were:

         1. (AA) contained;
         2. (BB) reduced; or
         3. (CC) otherwise terminated;
      3. during all circumstances in which an overflow event was reasonably expected to occur.

2. (2) The revised discharge limit proposed for a specific pollutant is calculated under section 2(b)(4)(B) of this rule to account for the reduction in POTW removal due to overflows, except as follows:

   1. (A) If an industrial user can demonstrate that overflows do not occur in the POTW's system between the industrial user's discharge and the treatment plant, the POTW may calculate revised discharge limits for the industrial user under section 2(b)(4)(A) of this rule.
   2. (B) After April 19, 1994, consistent removal may be claimed only if efforts to correct the conditions resulting in untreated discharges by a POTW are underway in accordance with the policy and procedures set forth in the EPA Combined Sewer Overflow (CSO) Control Policy (FRL-4732-7)*, published in the Federal Register on April 19, 1994. Revision to discharge limits in categorical pretreatment standards may not be made if a POTW has not committed to efforts to minimize pollution from combined sewer overflows. At a minimum, a POTW must have completed an analysis of combined sewer overflow alternatives in accordance with the requirements of the CSO Control Policy and be making a good faith effort to implement the plan.

(d) A discharge limit revision must not cause or contribute to a violation of the following:

1. (1) Applicable water quality standards in the state waters receiving the POTW's effluent.
2. (2) The POTW's ability to comply with its NPDES permit limitations and conditions.
3. (3) Any sludge requirements that apply to the sludge management method chosen by the POTW.

Alternatively, the POTW can demonstrate to the commissioner that even though it is not presently in compliance with applicable sludge requirements, it will be in compliance when the industrial user to whom the removal credit would apply is required to meet its categorical pretreatment standard as modified by the removal credit. If granting removal credits forces a POTW to incur greater sludge management costs than would be incurred in the absence of granting removal costs, the additional sludge management costs will not be eligible for U.S. EPA grant assistance.

(e) If a POTW has received a construction grant under Section 201(g) of the Clean Water Act (33 U.S.C. 1281(g)) from funds authorized for any fiscal year beginning after September 30, 1978, the POTW shall have completed the analysis required by Section 201(g)(5) of the Clean Water Act (33 U.S.C. 1281(g)(5))*, and demonstrated that the revised discharge limits will not preclude the use of innovative or alternative technology otherwise available to the POTW.

(f) An industrial user that wishes to receive a removal allowance must:

1. (1) submit to the POTW the information required in 40 CFR 403.12(b)*, including the specification of what, if any, additional treatment or process facilities will be needed to comply with applicable categorical pretreatment standards as approved for revision under this rule;
2. (2) enter into a compliance schedule agreement with the POTW to install the needed facilities within the time period provided by the applicable categorical standards; and
3. (3) have the POTW submit to the commissioner, within sixty (60) days of the effective date of revision of discharge limits for a particular industrial user, the name and address of the industrial user and the specific discharge limits that were revised.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

(Water Pollution Control Division; 327 IAC 5-20-1; filed Oct 10, 2000, 3:02 p.m.: 24 IR 309; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1936; filed Sep 6, 2018, 11:50 a.m.: 20181003-IR-327170278FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)