18 AAC 83.430 - Effluent limitations and standards; monitoring waiver
(a) An APDES permit
must include conditions meeting the following requirements, if applicable, in
addition to those set out in other sections of this chapter:
(1) technology-based effluent limitations and
standards based on effluent limitations and standards promulgated under
33 U.S.C.
1311, new source performance standards
promulgated under 33 U.S.C.
1316, case-by-case effluent limitations
determined under 33 U.S.C.
1342(a), or a combination of
the three authorities in accordance with
40 C.F.R.
125.3; for new sources or new dischargers,
technology-based limitations and standards are subject to the provisions of
40 C.F.R.
122.29(d), adopted by
reference in
18 AAC 83.010;
(2) other effluent limitations and standards
under 33 U.S.C.
1311 -
1313,
1317,
1328, and
1345; if any applicable toxic
effluent standard or prohibition, including any schedule of compliance
specified in the effluent standard or prohibition, is promulgated under
33 U.S.C.
1317(a), and that standard
or prohibition is more stringent than any limitation on the pollutant in the
permit, the department shall commence proceedings under this chapter to modify
or revoke and reissue the permit to conform to the more stringent toxic
effluent standard or prohibition;
(3) requirements applicable to cooling water
intake structures under 33
U.S.C. 1326(b), in
accordance with 40 C.F.R. Part 125, Subparts I, J, and N, adopted by reference
in 18 AAC 83.010; and
(4) for significant industrial users of a
POTW without an approved pretreatment program, applicable requirements under 40
C.F.R. Part 403 - 40 C.F.R. Part 471, adopted by reference in
18 AAC 83.010(g).
(b) The department may waive monitoring for
certain guideline-listed pollutants as follows:
(1) the department may authorize a discharger
subject to technology-based effluent limitations guidelines and standards in
APDES permit to omit sampling of a pollutant found at 40 C.F.R. Part 401 - 40
C.F.R. Part 471, adopted by reference in
18 AAC 83.010, if the discharger
has demonstrated through sampling and other technical factors that the
pollutant is not present in the discharge or is present only at background
levels from intake water and without any increase in the pollutant due to
activities of the discharger;
(2) a
monitoring waiver under this subsection is not available during the term of the
first permit granted to a discharger, and is effective only for the term of the
permit in effect when the waiver is granted;
(3) a permittee shall submit a request for a
monitoring waiver under this subsection when applying for a reissued permit or
for modification of a reissued permit; the request must demonstrate through
sampling or other technical information, including information generated during
an earlier permit term, that the pollutant is not present in the discharge or
is present only at background levels from intake water and without any increase
in the pollutant due to activities of the discharger; and
(4) if a monitoring waiver is granted, the
permit must include the monitoring waiver as an express permit condition, and
the reasons supporting the waiver must be documented in the permit's fact
sheet.
(c) Nothing in
this section supersedes certification processes and requirements already
established in existing effluent limitations guidelines and
standards.
Notes
Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
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