Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18

Affected: IC 4-21.5-3; IC 13-14-1-9; IC 13-18-4

Sec. 10. (a) Either at the time a discharging facility applies for or when it receives a renewal of an NPDES permit with a previously established mercury limit from a prior NPDES permit for which a compliance schedule for mercury is not established in the renewed permit and the discharging facility has not had a prior SMV, then the following may be done to assure compliance with the renewed permit:

1. (1) In a written document to the department, the discharging facility should:

   1. (A) indicate that the discharging facility is planning to apply for an SMV in accordance with this rule; and
   2. (B) provide information to establish a transitional limit consistent with section 8 of this rule.
2. (2) The department may issue a transitional limit for the discharging facility through a permit modification or an order under IC 13-14-1-9 until the SMV is either approved or denied.

(b) If an SMV is denied, a discharger may request an individual variance, notwithstanding the time limitations set in 327 IAC 5-3-4.1, by doing the following:

1. (1) Requesting the commissioner's consideration and written determination on a request for a mercury variance from a water quality standard as provided in 327 IAC 2-1-8.8 or 327 IAC 2-1.5-17.
2. (2) Applying for the mercury variance up to ninety (90) days after the denial of the SMV so long as all other requirements in 327 IAC 5-3-4.1 are met. The applicant may petition the commissioner for up to an additional ninety (90) day period to submit the application.

(Water Pollution Control Division; 327 IAC 5-3.5-10; filed Apr 6, 2005, 4:00 p.m.: 28 IR 2352; readopted filed Jun 15, 2011, 11:15 a.m.: 20110713-IR-327110193BFA; readopted filed Jun 29, 2017, 9:34 a.m.: 20170726-IR-327170225BFA; readopted filed May 12, 2023, 1:07 p.m.: 20230607-IR-327230079BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)