Section 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.Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110