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 13-14-8-9; IC 13-18-4

Sec. 2. (a) An SMV shall be available for the duration of the NPDES permit issued to a wastewater discharging facility that has an NPDES permit in effect containing a discharge limitation for mercury that cannot be achieved consistently by the facility.

(b) Application for a variance under this rule meets the requirements for a variance under IC 13-14-8-9 and rules adopted by the board.

(c) An SMV is not available for the following:

1. (1) New or recommencing Great Lakes system dischargers except as provided under 327 IAC 2-1.5-17(a)(3).
2. (2) Applicants seeking an interim limit whose effluent contains mercury at an average concentration, as determined under section 8(a) of this rule, greater than thirty (30) ng/l (parts per trillion).

(Water Pollution Control Division; 327 IAC 5-3.5-2; filed Apr 6, 2005, 4:00 p.m.: 28 IR 2349; 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)