327 Ind. Admin. Code 5-3.5-7

Current through December 4, 2024

Section 327 IAC 5-3.5-7 - Renewal of SMV

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. 7.

(a) An eligible applicant may apply for a renewal of the SMV:

(1) one hundred eighty (180) days prior to the expiration of its NPDES permit; or

(2) within one hundred eighty (180) days after issuance of a revised NPDES permit that establishes a revised mercury discharge limit based on the water quality criteria.

(b) The department may renew an initial SMV in accordance with IC 13-14-8-9 if the applicant demonstrates that implementation of the PMPP has achieved progress toward the goal of reducing mercury from its discharge except as provided in subsection (d).

(c) A renewal application shall contain the following:

(1) All information required for an initial SMV application under section 4 of this rule, including revisions to the PMPP, if applicable.

(2) A report on implementation of each provision of the PMPP.

(3) An analysis of the mercury concentrations determined through sampling at the facility's locations that have mercury monitoring requirements in the NPDES permit for the two (2) year period prior to the SMV renewal application.

(4) A proposed alternative mercury discharge limit, if appropriate, to be evaluated by the department according to section 8(b) of this rule, based on the most recent two (2) years of representative sampling information from the facility.

(d) A PMPP must be revised if implementation of the original PMPP does not lead to demonstrable progress in minimizing the discharge of mercury. If the applicant can provide information, as part of a revision to a PMPP, that demonstrates there is no known reasonable additional action that will reduce mercury, the PMPP may remain as previously approved.

(e) A renewal SMV shall be issued in a timely manner and in accordance with the requirements for the issuance of an initial SMV under this rule. If an applicant submits an application for a renewal SMV at least one hundred eighty (180) days prior to the expiration of its NPDES permit, the department shall make a final SMV decision, if requested by the applicant, concurrent with the final decision on the NPDES permit.

327 IAC 5-3.5-7

Water Pollution Control Board; 327 IAC 5-3.5-7; filed Apr 6, 2005, 4:00 p.m.: 28 IR 2350; 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 5/12/2023, 1:07 p.m.: 20230607-IR-327230079BFA

Readopted filed 10/18/2024, 1:57 p.m.: 20241113-IR-327230810RFA