TITLE 327 WATER POLLUTION CONTROL BOARD

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules and amendments to rules and amendments to rules at 327 IAC 5 and 327 IAC 15 concerning National Pollutant Discharge Elimination System (NPDES) general permits issued under 42 U.S.C. 1342. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

First Notice of Comment Period: October 27, 2010, Indiana Register (DIN: 20101027-IR-327100659FNA).

Continuation of First Notice of Comment Period: September 7, 2011, Indiana Register (DIN: 20110907-IR-327100659FCA).

In 1992, 1994, and 2003, the Water Pollution Control Board adopted 327 IAC 15, "NPDES General Permit Program", to provide general permits for use by selected industries in lieu of obtaining individual permits. That article was based on programs and procedures in place at the time of adoption.

The purpose of this rulemaking is to establish authority for the department to issue NPDES general permits administratively, the same way NPDES individual permits are issued, and to move the NPDES general permit requirements from 327 IAC 5 and 327 IAC 15 to the general permits themselves.

Since 327 IAC 15 was adopted, a number of changes have occurred in the NPDES program at the federal level, and the current rules have not kept pace with those changes. In addition, the Environmental Protection Agency (EPA), Region 5, Chicago, Illinois, notified the department about concerns with Indiana's NPDES permit program.

As provided in IC 13-18-1-2, the Water Pollution Control Board (board) consists of 12 members, one of whom must be a "representative of manufacturing employed by an entity that holds an NPDES major permit" (added by P.L.90-1998, SECTION 19). In March 2010, the EPA Regional Administrator notified the department that the Indiana statute conflicts with EPA regulations governing state NPDES programs at 40 CFR 123.25(c), that provide that an NPDES permit cannot be issued by a board a member of which is employed by an entity holding an NPDES permit. (EPA Region 5 letter dated March 9, 2010)

Following the March 2010, correspondence, on June 6, 2011, the Regional Administrator notified IDEM of additional concerns with Indiana's NPDES permit program, including:

Since Indiana's NPDES general permits are "permits by rule" and are effectively issued by the board, this creates a conflict of interest that requires revision of Indiana's NPDES program. EPA recommended that the authority for issuing NPDES general permits be transferred from the board to the department. That transfer is a major goal of this rulemaking.

Another issue raised by EPA is the lack of a renewal process for NPDES general permits under the existing rules. The permit term for a general permit is five years, after which time the general permit is to be reissued in draft form to allow for comment by EPA and the public. Adding a renewal process that meets the standards of the Clean Water Act is also a goal of this rulemaking.

This rulemaking would consolidate all NPDES general permit rules in one article with the exception of general permit rules for concentrated animal feeding operations (CAFOs) proposed to be eliminated in LSA Document #09-213 (DIN: 20100811-IR-327090213SNA). The elimination of the CAFO general permit was part of a separate rulemaking to update the CAFO NPDES rules in accordance with updated federal CAFO requirements (November 20, 2008, 73 FR 70417). Those updated rules will become effective on July 1, 2012. The department intends to create as streamlined and efficient a permitting process as possible within the confines of federal and state law.

The move from "permit by rule" general permits to administratively issued general permits is intended to be a purely procedural move. That is, the regulatory requirements on affected permit holders will remain the same, except in those cases where new federal requirements have been put in place since the last amendments to the state general permit rules. Those requirements will be included in the draft general permits when they are made available for public comment as required under the CWA.

IDEM will be working to assure a smooth transition from the general permits by rule to administratively-issued general permits so that no gap in coverage occurs.

No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law.

This rule transfers authority to issue NPDES general permits from the Water Pollution Control Board to the department. These provisions are administrative and do not establish new permit requirements. Because this rule does not establish new permit requirements, this rule will not result in any new costs or cost savings. Any new costs or cost savings resulting from new provisions added to general permits to make them consistent with current federal permit requirements will result from those federal requirements and not from the provisions of this rule. As a result, the net economic impact of this rule to regulated entities is $0.

No workgroup is planned for this rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Steve Mojonnier, Rules Development Branch, Office of Legal Counsel at (317) 233-1655 or (800) 451-6021 (in Indiana).

IDEM requested public comment from October 6, 2010, through November 5, 2010, regarding new rules and amendments to rules in 327 IAC 15 concerning NPDES general permits. IDEM received comments from the following commentors:

Justin T. Schneider, Indiana Farm Bureau, Inc. (IFB)

Stan Pinegar, Indiana Utility Group (IUG)

Mark I. Shublak, Ice Miller LLP, representing the Agribusiness Council of Indiana (ACI)

William C. Wagner, Taft Stettinius & Hollister LLP, representing the Indiana Water Quality Coalition and the Indiana Manufacturers Association (IWQC/IMA)

Joshua D. Trenary, Indiana Pork Advocacy Coalition (IPAC)

Jessica Dexter, Environmental Law & Policy Center, with Angela Hamm, Hoosier Environmental Council and Bowden Quinn, Sierra Club (ELPC)

David L. Hatchett, Hatchett & Hauck, LLP, representing Steel Dynamics, Inc. (SDI)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: The agency should consider the use of general permits for livestock operations in the future when the opportunity presents itself. (IFB)

Response: This comment involves another rulemaking action and is outside the scope of this rulemaking. IDEM may consider issuing a CAFO general permit in the future should the need arise.

Comment: To correct the problem that a representative of an NPDES permit holder serves on the board, we suggest that revision of the makeup of the board be considered. This could be done by ensuring that no board appointee receive a significant portion of their income from an NPDES permit holder or an applicant. (IFB)

Response: This comment would require legislative action and is outside the scope of this rulemaking. Appointments to the environmental boards are within the statutory authority of the Governor, not the department [See IC 13-18-1-2].

Comment: We do not oppose moving the adoption of general permits to the agency. The board should serve in an advisory role to the agency. The process could stay much the same whereby the agency would present the proposed general permit to the board who could conduct the public hearing process and make recommendations to IDEM with respect to adopting general permit language. Since the board would only serve in a non-binding position, this would appear to satisfy EPA's concerns and comply with federal regulations. (IFB)

Response: Currently, Indiana law establishes the board as a policy-setting body for the department, not merely as an advisor (IC 13-18-3-3). Board members, as members of the public, will be free to provide comment on all draft general permits.

Comment: A separate modification is that the board could take a more active role in the drafting of the general permit which would be adopted by the agency. Either way, it would provide a public forum for comment and debate on the proposed general permits. (IFB)

Response: This comment would not satisfy the objection by EPA because the board would still be determining the actual terms and conditions of the permits. Also, changing the relationship between the board and the department would require legislative action and is outside the scope of this rulemaking. A public forum of notice and comment will be provided for all draft general permits.

Comment: We urge IDEM to establish a clear policy by which the public, including the regulated community, could provide input into the development of a rule. By providing a clear mechanism for public input into the adoption of the general permit, the opportunity to comment will be clear to interested parties. (IFB)

Response: This rulemaking is being done under IC 13-14-9 which provides numerous opportunities for public notice and comment. Those opportunities are provided in the context of the Water Pollution Control Board. This rulemaking proposes that IDEM issue general permits without board action, as directed by EPA in accordance with 40 CFR §123.25(c). Involvement by the board in drafting permit language violates that provision. Section 402 of the CWA requires the department to provide notice of and opportunity for the public to comment on each NPDES permit. The department is required to follow that process.

Comment: The commentor supports a renewal process by which the public can comment. The process must be transparent and provide set time frames for when changes must be made to the general permit, as well as the time periods for when notice must be filed and adoption must take place. The period of a general permit must extend beyond periods of five years. (IFB)

Response: Section 402(b)(1)(B) specifies that NPDES permits "are for fixed terms not exceeding five years".

Comment: The commentor does not believe that agricultural applications of pesticides are covered by the NPDES permitting program. (IFB)

Response: Neither the EPA final rule or the Sixth Circuit Court of Appeals decision specifically included agricultural application of pesticides to terrestrial crops under an NPDES general permit program. A pesticide general permit has already been administratively issued by IDEM.

Comment: IDEM should amend the existing Article 5 NPDES rules [327 IAC 5] to incorporate regulations for general permitting similar to those adopted by West Virginia at 40 C.S.R. 70, Section 13.6. General Permits. (IUG)

Response: Adoption of permit requirements by the Water Pollution Control Board as currently constituted under Indiana law would not comply with 40 CFR §123.25(c).

Comment: IDEM should consider implementing antidegradation for general permits by implementing a policy revision to require that new and reissued NPDES general permits be evaluated to consider the potential for significant degradation as a result of the permitted activity. Regulated activities covered under an NPDES general permit would not be required to undergo a Tier 2 antidegradation review as part of the permit registration process. Regulated activities with NPDES permits that will degrade higher tier waters would have to comply with an antidegradation review. (IUG)

Response: This comment involves another rulemaking action and is outside the scope of this rulemaking.

Comment: Regulated activities that qualify for coverage under a Corps of Engineers regional or nationwide permit under section 404 of the Clean Water Act that has been certified by the state under section 401 of the CWA should not be required to undergo a Tier 2 antidegradation review unless an individual section 401 permit is required. (IUG)

Response: This comment involves another rulemaking action and is outside the scope of this rulemaking.

Comment: Regulated activities that have section 401 certification that will degrade waters higher than Tier 2 must comply with antidegradation review requirements for that category of water. (IUG)

Response: This comment involves another rulemaking action and is outside the scope of this rulemaking.

Comment: IDEM should include in its antidegradation rule a requirement to develop guidance which addresses these implementation procedures and provides additional information to persons conducting regulated affected by these procedures. (IUG)

Response: This comment involves another rulemaking action and is outside the scope of this rulemaking.

Comment: IDEM will be issuing new regulations regarding NPDES permits for pesticides. While agriculture has not been directly focused on in the EPA Draft Pesticide General Permit, the commentor believes that IDEM intends to regulate agricultural application of pesticides in this action. (ACI)

Response: IDEM has not included agricultural application of pesticides in a pesticide general permit. The IDEM administratively issued pesticide general permit does not extend to normal agricultural pesticide use.

Comment: To the extent that an NPDES permit will be required for pesticide uses, the commentor agrees that all such uses should be covered by a general permit even though the commentor believes that application of CWA requirements to pesticides was never intended by Congress. (ACI)

Response: The Sixth Circuit Court of Appeals disagreed in National Cotton Council et al. v. EPA, however that decision focused on the two pesticide uses covered in the EPA final rule "Application of Pesticides to Waters of the United States in Compliance with FIFRA," (November 27, 2006, 71 FR 68483). Agricultural application of pesticides was not included in that final rule.

Comment: The commentor notes that requiring an NPDES permit for pesticide applications is a departure from Congressional intent as well as current practice. Commentor believes that agricultural pesticide use should not require any NPDES permit. Any proposed NPDES regulation should provide that any application of FIFRA regulated material by a licensed applicator that has been done in accordance with FIFRA should be deemed as meeting the requirements of a general permit issued by IDEM. (ACI)

Response: IDEM has not included agricultural application of pesticides in the pesticide general permit it issued on October 31, 2011.

Comment: The current proposed rule and EPA pesticide general permit appear to disregard both IDEM's and EPA's longstanding interpretations that pesticide use for agricultural purposes is not regulated by the Clean Water Act. To the extent the Proposed Rule is meant to constitute notice of a NPDES permit for pesticides or other FIFRA regulated material, the Proposed Rule is inconsistent with the requirement of "ascertainable standards" and fails to provide adequate notice of the actual standards that will be used for this type of permit. In Indiana, "all administrative decisions must be in accord with previously stated ascertainable standards." At this time, an applicant seeking a general or individual NPDES permit with regard to the use of pesticides cannot know, with any reasonable certainty, what objective standards IDEM will utilize under the Proposed Rule, what the proposed permit terms would be, or how long it would take to obtain all necessary permits. The commentor disagrees with the EPA conclusion that if it determines that the pesticide general permit, or any other NPDES permit, should apply to pesticide uses other that those specifically mentioned in the [draft] pesticide general permit then no further notice is necessary. Before a pesticide use not listed in the [draft] pesticide general permit is deemed to be regulated by the NPDES program, those [regulated entities] that EPA proposes to regulate should be given a fair opportunity to understand and comment upon any rules or regulations that might apply to them. Despite EPA's contention that there will be no anticipated adverse economic impacts on farmers, ranchers and applicators from the [EPA] pesticide general permit, the commentor believes the implementation of the EPA pesticide general permit, as written, and the incorporation of similar requirements by IDEM into its NPDES permitting system, will trigger many costly consequences. Because Indiana has chosen to have pesticide enforcement fall under the Indiana State Chemist and Seed Commissioner (OISC), with enforcement of the Clean Water Act belonging to IDEM, this dual-agency regulation of pesticides will only complicate the regulation process and add to the financial burden on state and local agencies, municipalities, farmers and operators. The commentor is concerned about the costs of integrated pest management and surveillance for operators. (ACI)(9) IDEM and EPA should acknowledge in any NPDES permit that roadside ditches, swales and other upland conveyances potentially encountered by terrestrial (land based) applications are not subject to the Clean Water Act or its permit. There should be an explicit acknowledgment that NPDES regulations do not apply to irrigation return flows, agricultural storm water runoff, or spray drift from terrestrial crop protection applications, regardless of whether such agricultural products are located "near" waters of the United States or not, as provided in section 502(14) of the Clean Water Act. Currently there is no statutory definition of what is meant by "near" waters of the United States. IDEM needs to clarify what constitutes "near" a water of the United States and what is an "unavoidable discharge". The commentor requests that IDEM implement a rule that states that pesticide discharges will only be regulated if they are directly to a navigable water or to a federally regulated wetland. The commentor believes that to the extent an NPDES permit will be required by IDEM for pesticide use in Indiana, the OISC must be involved in this permitting and regulatory process either directly or through a Memorandum of Understanding between IDEM and the OISC. The commentor notes the existence of the Indiana Pesticide State Management Plan [dated October 30, 1995] based on authority in IC 13-7 [now recodified in IC 13-13-5-1(1) and IC 13-18-2] and IC 15-3 and notes the dual regulation of pesticides by IDEM and OISC established in pesticide management plan, memorandum of understanding, and state rules. Farmers and agricultural business may find themselves in a situation where one application of pesticides may result in penalties from both the OISC and IDEM for the same action. Any NPDES regulation pertaining to FIFRA regulated materials should provide that any application of a FIFRA regulated material in accordance with FIFRA by an applicator licensed by OISC would be deemed to have been done in compliance with, and under the protection of, a general permit promulgated by IDEM or the OISC. Most pesticides leave residues and metabolites after their application. EPA's [draft] pesticide general permit and IDEM's proposed incorporation of this proposed rule into its general permitting program, essentially classifies all pesticides as pollutants whose application near water will require an NPDES permit. Thus the pesticide general permit and proposed rule will have an impact on every farmer who applies pesticides that may eventually end up in a water of the U.S. Under the currently proposed [EPA] pesticide general permit and thus IDEM's "proposed rule", lawful pesticide applications resulting in residue or excess will now require some form of NPDES permit. The agricultural community in Indiana is concerned about the impact of IDEM's "proposed rule" and the potential vulnerability of the agricultural community to lawsuits. Farmers are concerned with the time it could take to develop a general permit. Farmers have never needed or had the opportunity to obtain an NPDES permit for any pesticide or other FIFRA regulated application. Farmers who have been faced with a notice of intent to sue for spray drift applications were unable to obtain an NPDES permit directly from EPA, from IDEM, or from OISC. As a result, farmers have been, and will continue to be, vulnerable to citizen suits or threats from activists to stop using pesticides. The commentor is concerned that the regulatory restrictions of an NPDES permit will prevent effective pest control. Any delay in issuing permit could have a negative influence on the farming and agricultural industries, and without any definite protocols in place, this will surely happen. There are also grave concerns regarding the timing of any NPDES permitting process for pesticides since thousands of pesticide applicators will be requesting permits at the same time. Adding another regulatory requirement will slow real time production decisions made by farmers every day, resulting in greater use of pesticides. Farmers have a general inability to predict the need for a permit. The commentor describes a number of critical pest control timing issues faced by farmers and states that the need for an NPDES permit, per IDEM's "proposed rule", would very likely delay the farmer's options under these very common circumstances. Regulatory requirements will push farmers to seek non-regulatory options for controlling pests whenever and wherever possible. Some farmers use natural pest control methods and integrated pest management. In order to minimize use of pesticides, integrated pest management requires quick action within hours, not delay, once preventative methods fail. Many farmers will not know how to obtain a permit or find that integrated pest management is complicated or rendered useless by a cumbersome and time consuming permit process. Permits will increase the number of pesticides used because they will lock farmers into "preventative" applications that comply with their IDEM approved permit. They will have no viable alternatives other than to comply in accordance with their permits. Since IDEM issued NPDES permits will increase the cost of controlling weeds, this increased cost will force farmers to abandon no-till farming techniques and increase mechanical plowing with resulting increased soil erosion and release of organic carbon. (ACI)

Response: IDEM issued the pesticide general permit on October 31, 2011. It is not part of this rulemaking.

Comment: The first notice of comment period states that IDEM's NPDES general permit rule program has not kept pace with changes in the NPDES program occurring at the federal level. The IWQC and IMA expect that any such changes will be noticed separately since they are not specifically identified in the three alternatives proposed in the notice. (IWQC/IMA)

Response: Since the terms and conditions of a general permit would be an administrative action, they will be noticed under 40 CFR 124. Adoption of permit requirements by the Water Pollution Control Board as currently constituted under Indiana law would not comply with 40 CFR §123.25(c).

Comment: The commentor agrees that having a member of the [Water Pollution Control] Board (Board) employed by an entity that holds an NPDES permit is inconsistent with EPA regulations [40 CFR 123.35(c)] and does not disagree with IDEM's recommendation that the authority for issuing NPDES general permits be transferred from the board to the commissioner. (IWQC/IMA)

Response: IDEM agrees.

Comment: The commentor does not object to amending existing rules or new rules to specifically add five year expiration dates to renewed NPDES general permit as required by CWA section 402(b)(1)(B), provided the conditions of the permit continue in force and the permittee has submitted a timely and complete application as provided in 40 CFR 122.6(a). (IWQC/IMA)

Response: The department must follow federal requirements for permit renewals.

Comment: The notice states that EPA has raised an issue with IDEM's lack of a renewal process for NPDES general permits. The commentor believes that IDEM will attempt to add broader public review requirements than those needed for permit renewals. The commentor objects to any effort by IDEM to modify the overall public review procedures to NPDES permitting through this notice since the clear implication of the notice aims solely at the public review procedures employed during the renewal process. (IWQC/IMA)

Response: IDEM intends to provide the amount of public review of permits required under the Clean Water Act.

Comment: The commentor notes that IDEM's procedures for issuing NPDES general permits already contain substantial opportunities for public review and comment and does not believe any additional public review procedures need to be imposed. Adopting such procedures for general permits would substantially burden the regulated community and IDEM. (IWQC/IMA)

Response: There are not substantial opportunities for review and comment as the rule language has not been opened for several years. IDEM disagrees that providing the required 30 day comment period on general permit language once every five years will result in a substantial burden on anyone.

Comment: The commentor reminds IDEM that the NPDES general permit rules should comply with the rulemaking requirement in IC 4-22-2-19.5(a). (IWQC/IMA)

Response: IDEM agrees.

Comment: The commentor understands that Indiana's general permit program conflicts with the requirements in 40 CFR 123.25(c) and must be modified. However, the commentor disagrees that updated federal confined animal feeding operations (CAFO) requirements necessitate the elimination of the CAFO general permit in Indiana. (IPAC)

Response: This comment involves another rulemaking action (LSA Document #09-213) and is outside the scope of this rulemaking. The CAFO general permit was eliminated in amended rules that become effective on July 1, 2012.

Comment: In transferring [permit] issuing authority from the Board to the department, the commentor urges caution against any decrease in the participation of the general public and the regulated community in the development of general permits. As the Board is uniquely suited to address the concerns of both the general public and the regulated community in a public forum, this transition of authority should include the development of procedures by which the Board could facilitate this process and provide input to the "rulemaking agency" (department). (IPAC)

Response: Development of permit requirements and conditions by the Water Pollution Control Board as currently constituted under Indiana law, with subsequent direction to IDEM under IC 13-18-3-3, would not comply with 40 CFR §123.25(c).

Comment: The commentor supports the development of a renewal process by which the public and the regulated community have the ability to provide input, but proposed changes to a general permit during this process must be appropriately scrutinized. Sweeping changes in a permit at every renewal date would create undue burden on the regulated community. (IPAC)

Response: It is doubtful that "sweeping changes" will occur at every renewal date. However, to avoid invalidating those renewed permits, the renewed permit must remain at least as stringent as, and as broad in scope as, the corresponding federal permit. All NPDES permits must keep pace with changes in the national permitting process, which is one major deficiency in Indiana's NPDES program noted by EPA.

Comment: The commentor stated that public participation during the development of a general permit, during the renewal process, or during the public review of a nutrient management plan should be encouraged, but only within appropriate parameters. The commentor proposed several limitations on the scope of public participation in a general permit. (IPAC)

Response: Public participation in development of NPDES general permits is governed by 40 CFR 122 through 40 CFR 124. Those procedures will be followed during development of the general permits.

Comment: The commentor supports rulemaking abolishing Indiana's general permit-by-rule system that does not comply with the legal requirements of the NPDES program. Discharges currently authorized under 327 IAC 15 are illegal discharges subject to enforcement under the NPDES program. To the extent that general permits are appropriate and necessary for IDEM to administer the NPDES program, this rulemaking to delegate authority to issue proper NPDES permits to IDEM must proceed. Alternative 1 is the only option that would begin to address the legal deficiencies of the current general permit-by-rule. Alternatives 2 and 3 would not correct even the problems identified in the rulemaking (improper constitution of Board; permits effective for more than 5 years). State and federal law requires the Board to proceed with alternative 1 and transfer permit authority to IDEM. (ELPC)

Response: IDEM agrees that this rulemaking is necessary to comply with federal law.

Comment: While the commentor supports alternative 1, the proposed scope of the rule does not go far enough to remedy the substantial shortcomings of Indiana's attempt to issue general permits under the NPDES program. The Board should (1) revisit the appropriateness of regulating certain types of discharges under a general permit program, (2) clarify that IDEM has full authority to issue permits that conform to NPDES program requirements, (3) clarify that IDEM has authority to require and review all information necessary to carry out its NPDES duties, and (4) undertake emergency action to transition the hundreds of illegal discharges currently authorized under Article 15 to legitimate NPDES permits. (ELPC)

Response: IDEM disagrees that illegal discharges are authorized under existing general permits.

Comment: Not all categories of point source discharges authorized under the current Article 15 program are properly regulated by general permit. The Board should carefully examine the discharges currently authorized under Article 15 [327 IAC 15] permits-by-rule to ensure the classes or categories of discharges are appropriately regulated by NPDES general permits. The commentor cites discharges from coal mining as a type of discharge that should not be authorized under a general permit. (ELPC)

Response: The purpose of this rulemaking is to transfer the issuance of NPDES general permits from the rulemaking process to an administrative process to resolve EPA concerns, including the inherent conflict of interest the Water Pollution Control Board has in issuing General Permits. That same conflict would exist if the Water Board were to--through this rule making–decide which types of permits IDEM could or could not issue through a General Permit. That Is why this rule is limited to ensuring IDEM issues general permits in the same manner it issues individual permits. More specifically regarding Coal Mine General Permits, state law requires IDEM to issue a general permit. This rule will not alter the fact that with any specific facility, IDEM can decide whether or not it will allow coverage under a General Permit.

Comment: Substantive problems with the current permits-by-rule under Article 15 must be addressed before NPDES permits may be issued. The terms of existing Rule 7 [327 IAC 15-7] are insufficient to comply with state or federal law. Simply adopting the terms of existing Rule 7 into an NPDES permit will not correct the substantive shortcomings of IDEM's program to regulate coal mining discharges. Rule 7 does not (1) allow for water quality based effluent limits or (2) consider impacts of pollutants associated with coal mining, and must require (3) an antidegradation review and (4) adequate monitoring to ensure permit and water quality standard compliance. Since IDEM contends that it cannot consider the nature of a receiving water or predicted pollution from a mine, this rulemaking should make it clear that the department has the authority and duty to comply with all NPDES legal requirements. (ELPC)

Response: This rulemaking is limited to transferring authority to IDEM to issue General Permits administratively. When IDEM issues a Coal Mine General Permit, it will, like every other NPDES permit, be subject to public notice. At that time, IDEM will take comment on the specific provisions of the General Permit.

Comment: New rules for NPDES general permits must require IDEM to collect necessary information from permit applicants. Under the current rules, IDEM has argued that it doesn't have authority to collect information from the applicant, or to even review its own information, regarding the proposed discharge, condition of the receiving waters, alternatives that could be implemented or conditions warranting an individual permit. This rulemaking should make it clear (1) that IDEM must develop a notice of intent (NOI) form that requires information about the quality of the receiving waters, the predicted chemical composition of the proposed discharges, and an antidegradation analysis for any new or increased discharges, and (2) that IDEM has the duty to review information in its control regarding condition of the receiving waters and the compliance record of the applicant. (ELPC)

Response: This rulemaking is intended to ensure that IDEM has the authority to issue General Permits administratively. As you are aware, several different types of General Permits currently exist and therefore the requirements regarding the submission of an NOI will be sufficiently broad to allow IDEM to require information it requires to evaluate eligibility for coverage under each general permit.

Comment: Emergency action is necessary to address the current illegal discharges authorized under Article 15 [327 IAC 15]. Discharges to waters of the United States that are not subject to a valid NPDES permit are illegal under the Clean Water Act. Indiana's current general permit-by-rule program does not authorize discharges subject to valid NPDES permits, therefore the discharges authorized under this program are and continue to be illegal discharges subject to enforcement action. The timeline for adoption of valid NPDES permits will allow these discharges to continue for at least another year, so delays in the rulemaking process will not be tolerated. The commentor recommends that the rulemaking impose a moratorium on new or increased discharges authorized under 327 IAC 15 until the required valid NPDES general permits can be issued. In the meantime, proposed discharges can be addressed in individual permits. When the NPDES permits are issued, all existing discharges authorized under 327 IAC 15 must be immediately transitioned to coverage by the appropriate general or individual permits. If the board finds that certain discharges, such as from coal mines, are not appropriately regulated by general permits, the transition to individual permits can begin sooner. (ELPC)

Response: IDEM is working expeditiously to pass this rule and IDEM will work to issue General Permits that meet the requirements of the Clean Water Act. At this time, IDEM has no plans to impose a moratorium on new or increased discharges under article 15, and will continue to evaluate applications for coverage under existing General Permits.

Comment: The commentor objects to the discussion of federal rules that are not effective in Indiana and not applicable to Indiana sources. The EPA Multi-Sector General Permit (MSGP) is not applicable to any facilities in Indiana. The commentor understands that this rulemaking is narrowly tailored to address EPA's March 9, 2010 comments which only discussed (1) a perceived conflict of interest by the board to issue NPDES general permits, and (2) the lack of a renewal process for NPDES general permits under the existing rule. The MSGP has no connection to this targeted rulemaking and should not be cited in the rulemaking action. (SDI)

Response: IDEM is considering modeling the permits for industrial stormwater discharges on the current EPA multi-sector general permit. This notice solicited comment on use of the EPA construction general permit and the MSGP as models for Indiana NPDES general permits. In any case, Indiana's permit requirements cannot be less stringent than the corresponding federal requirements.

IDEM requested public comment from September 8, 2011, through October 7, 2011, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no comments in response to the continuation of the first public comment period.

This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the following ways:

(1) By mail or common carrier to the following address:

LSA Doc. #10-659 (NPDES General Permits)

Attn: Steve Mojonnier

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

100 North Senate Ave. MC 65-45

Indianapolis, Indiana 46204-2251

(2) By facsimile to (317) 233-5517. Please confirm the timely receipt of your faxed comments by calling the Rules Development Branch at (317) 233-8903.

(3) By electronic mail to smojonni@idem.in.gov. To confirm timely receipt of your comments, please request a document receipt when you send the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.

Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking you are commenting on.

All comments must be postmarked, faxed or time stamped no later than June 1, 2012. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.

Additional information regarding this action may be obtained from Steve Mojonnier, Rules Development Branch, Office of Legal Counsel, (317) 233-1655 or (800) 451-6027 (in Indiana).

SECTION 1. 327 IAC 5-1-1.5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-18-3

Sec. 1.5. Except as provided in 327 IAC 15-14, 327 IAC 15-3.5, the point source discharge of sewage, treated or untreated, from a dwelling or its associated residential sewage disposal system, to the waters of the state is prohibited.

SECTION 2. 327 IAC 5-1.5-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18-3-15; IC 13-18-4

Sec. 1. In addition to The definitions contained in the materials incorporated by reference in this article, 40 CFR 122, IC 13-11-2, IC 13-12-3-1, IC 13-11-2, 327 IAC 1, 327 IAC 2-1, and 327 IAC 2-1.5, the definitions in and this rule apply throughout this article.

SECTION 3. 327 IAC 5-1.5-19.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 19.5. "Existing source" means any source that is not a new source or a new discharger.

SECTION 4. 327 IAC 5-1.5-19.7 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 19.7. "Facilities or equipment" means buildings, structures, or process or production equipment or machinery that form a permanent part of the new source and that will be used in its operation, provided that the facilities or equipment are of such value as to represent a substantial commitment to construct. The term does not include facilities or equipment used in connection with feasibility, engineering, and design studies regarding the source or water pollution treatment for the source.

SECTION 5. 327 IAC 5-1.5-25.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 25.5. "Individual NPDES permit" means a NPDES permit issued to one (1) facility that contains requirements specific to that facility. An individual NPDES permit is not a general permit.

SECTION 6. 327 IAC 5-1.5-37.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 37.5 "Notice of intent" means a written notification indicating a person's intention to comply with the terms of a specified general permit in lieu of applying for an individual NPDES permit and includes information as required by the applicable general permit.

SECTION 7. 327 IAC 5-1.5-62.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 62.5. "Site" means the land or water area upon which a source and its water pollution control facilities are physically located, including, but not limited to, adjacent land used for utility systems, repair, storage, shipping or processing areas, or other areas incident to the industrial, manufacturing, or water pollution treatment processes.

SECTION 8. 327 IAC 5-1.5-63.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 63.5. "Source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants.

SECTION 9. 327 IAC 5-1.5-64.2 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 64.2. "Storm water", as defined in 40 CFR 122.26(b)(13), means storm water runoff, snow melt runoff, and surface runoff and drainage.

SECTION 10. 327 IAC 5-2-1.5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 1.5. (a) The following materials have been are incorporated by reference: in this article. Each of the following items, in addition to its title, will list the name and address of where it may be located for inspection and copying:

(b) Federal regulations that have been incorporated by reference do not include any later amendments than those specified in this section.

(c) The Code of Federal Regulations is available:

(d) Where exceptions to materials incorporated by reference are necessary, these exceptions will be noted in section 1.8 of this rule or otherwise identified in this article.

(e) The incorporation of federal regulations as state rules does not negate the requirement to comply with federal provisions that may be effective in Indiana that are not incorporated in this article or are retained as federal authority.

SECTION 11. 327 IAC 5-2-1.6 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-14-12; IC 13-18; IC 13-30

Sec. 1.6. The department shall issue NPDES permits consistent with the following:

Part	Title of Part	Revision Date
40 CFR 122	EPA Administered Permit Programs: The National Pollutant Discharge Elimination System	July 1, 2011
40 CFR 123	State Program Requirements	July 1, 2011
40 CFR 124	Procedures for Decisionmaking	July 1, 2011
40 CFR 131	Water Quality Standards	July 1, 2011

SECTION 12. 327 IAC 5-2-1.7 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-14-12; IC 13-18; IC 13-30

Sec. 1.7. When used in 40 CFR, as incorporated by reference in this article, substitute the following unless otherwise indicated:

SECTION 13. 327 IAC 5-2-1.8 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2-38.3; IC 13-14-12; IC 13-18; IC 13-30

Sec. 1.8. The following are exceptions and additions to materials incorporated by reference in section 1.5 of this rule. Delete 40 CFR 122.3 and insert the following: The following discharges do not require an NPDES permit:

SECTION 14. 327 IAC 5-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 3. (a) Any person required to have an NPDES permit, except for persons covered by general NPDES permits under 327 IAC 15, shall submit a complete application to the commissioner in accordance with this section, and 327 IAC 5-3, and 40 CFR 122.21. In lieu of the forms specified in this section, a person may submit the application using equivalent state forms provided by the commissioner.

(b) An application for a permit shall be submitted to the commissioner by the time specified in 327 IAC 5-3-2 or, in the case of an application for a statutory modification of or variance from effluent limitations, by the time specified in 327 IAC 5-3-4.

(c) The owner of the facility or operation from which a discharge of pollutants occurs is responsible for applying for and obtaining a permit, except where the facility or operation is operated by a person other than an employee of the owner in which case it is the operator's duty to apply for and obtain a permit.

(d) All applicants for NPDES permits, other than POTWs, shall submit to the commissioner a completed Application Form 1 - General as described in 45 FR 33545-56 (May 19, 1980), including any revisions made to this form by EPA through December 31, 1986. The commissioner may substitute a substantially equivalent form for submittal in place of the Form 1-General. Information EPA Form 3510-1, revised August 1990.

(e) Existing industrial facilities, including manufacturing, commercial, mining, and silvicultural dischargers operations applying for NPDES permits shall provide the commissioner with the additional information specified in Application Form 2C NPDES as described in 45 FR 38054-71 (September 26, 1984), including any revisions made to this form by EPA through December 31, 1986, or substantially equivalent forms supplied by the commissioner. – Wastewater Discharge Information, EPA Form 3510-2C, revised August 1990.

(f) New and existing concentrated animal feeding operations and concentrated aquatic animal production facilities shall provide the commissioner with the additional information specified in application Form 2B NPDES, as described in 45 FR 33557-8 (May 19, 1980), including any revisions made to this form by EPA through December 31, 1986, or substantially equivalent forms supplied by the commissioner. Applications for Permit to Discharge Wastewater, Concentrated Animal feeding Operations and Aquatic Animal Production Facilities, EPA Form 3510-2B, revised November 2008.

(g) New and existing POTWs shall provide the additional information specified by 40 CFR 122.21(j) on Standard Form A-Municipal (EPA Form 7550-22) or substantially equivalent forms supplied by the commissioner. If EPA promulgates NPDES Form 2A NPDES, the commissioner may specify its use for applications by new and existing POTWs. Application Overview, EPA Form 3510-2A, revised January 1999. Pursuant to 40 CFR 122.21(j), the commissioner may waive any requirement of Form 2A that is not of material concern for a specific permit, if approved by EPA. The following POTWs shall provide the results of valid whole effluent biological toxicity testing to the commissioner:

(h) In addition to the POTWs listed in subsection (g), the commissioner may require other POTWs to submit the results of toxicity tests with their permit applications, based on consideration of the following factors:

(i) For POTWs required under subsection (g) or (h) to conduct toxicity testing, POTWs shall use EPA's methods or other established protocols, which are scientifically defensible and sufficiently sensitive to detect aquatic toxicity. Such testing must have been conducted since the last NPDES permit reissuance or permit modification under 40 CFR 122.62(a), whichever occurred later.

(j) All POTWs with approved pretreatment programs shall provide, to the commissioner, a written technical evaluation of the need to revise local limits under 40 CFR 403.5(c)(1).

(k) Except for stormwater discharges, all existing industrial facilities engaged in manufacturing, commercial, mining, and silvicultural operations shall provide the additional information specified in Application Form 2C – Wastewater Discharge Information, EPA Form 3510-2C, revised August 1990.

(k) (l) Except for storm water discharges, all new sources and new dischargers industrial facilities engaged in manufacturing, commercial, mining, and silvicultural activities operations shall provide the additional information specified in Application Form 2D NPDES as described in 51 FR 26999-27014 (July 28, 1986) or substantially equivalent forms supplied by the commissioner. – New Sources and New Dischargers: Application for Permit to Discharge Process Wastewater, EPA Form 3510-2D, revised August 1990.

(l) (m) Except for storm water discharges, all manufacturing, commercial, mining, and silvicultural dischargers applying for NPDES permits which discharge only nonprocess wastewater not regulated by an effluent limitations guideline or new source performance standard shall provide the commissioner with the additional information specified in Application Form 2E NPDES as described in 51 FR 26994-98 (July 28, 1986) or substantially equivalent forms supplied by the commissioner. – Facilities Which Do Not Discharge Process Wastewater, revised August 1, 1990.

(m) Point source (n) Discharges of storm water associated with new and existing industrial activity as defined in 40 CFR 122.26(b)(14) shall provide additional information specified in application NPDES Form 2F, Application for Permit to Discharge Storm Water Discharges Associated with Industrial Activity, EPA Form 3510-2F, revised January 1992.

(n) (o) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this section for a period of at least three (3) years from the date the application is signed.

(o) (p) In the case of an application for permit reissuance by a manufacturing, commercial, mining, or silvicultural discharger who has previously submitted an application in accordance with subsection (e) or (k), (l), the permittee may request a waiver of the submission of analytical data for toxic pollutants otherwise required as part of the application if:

(p) (q) For discharges to waters within the Great Lakes system, in addition to the other requirements of this section, applicants requesting a permit renewal shall submit valid, representative receiving waterbody monitoring data for every metal monitored or limited in the applicant's existing permit. If the existing permit contains monitoring for cadmium, chromium (III), copper, lead, nickel, or zinc, the applicant shall also submit receiving waterbody monitoring data for hardness. The commissioner may require waterbody monitoring for additional substances if the data are necessary to process the permit application. If valid, representative, monitoring data in the waterbody for these parameters are already available, the applicant may request that this existing data substitute for the monitoring required under this subsection. The commissioner may require the submission of this additional receiving waterbody monitoring data for applicants requesting a new, renewal of, or modification of an NPDES permit if these additional data are necessary to draft an NPDES permit.

(r) Applications for permits for on-site residential sewage discharging disposal systems located within the Allen County on-site waste management district must be submitted in accordance with 327 IAC 15-3.5.

(s) The permit application forms described in this section are available online at http://cfpub.epa.gov/npdes/ or from the IDEM Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

SECTION 15. 327 IAC 5-2-8 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-7-1; IC 13-30-10-1

Sec. 8. The following conditions apply to all NPDES permits and shall be incorporated into the permits either expressly or by reference:

SECTION 16. 327 IAC 5-2-14 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-14-4-3; IC 13-18-4

Sec. 14. (a) Any permittee required to monitor under 327 IAC 5-2-13 shall maintain records of all monitoring information and monitoring activities, including:

(b) All records of monitoring activities and results (including all original strip chart recordings for continuous monitoring instrumentation and calibration and maintenance records) shall be retained by the permittee for three (3) years. These records shall be retained on-site at the permitted facility or in such a manner that the records are reasonably available for review by agency staff to comply with the provisions of 327 IAC 5-1-3. The three-year period shall be extended:

SECTION 17. 327 IAC 5-2-15 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-14-4-3; IC 13-18-4

Sec. 15. (a) Permittees shall report to the commissioner, using discharge monitoring reports (DMR) (EPA Form 3320-1) and, also, in the case of POTWs, semipublic, state, and federal facilities' reports of operation, the results of any monitoring specified by the permit, under section 13 of this rule, as often as required by the permit, but in no case less than once per year. POTWs with pretreatment or hybrid pretreatment requirements in their NPDES permits as well as industrial dischargers shall also submit the results of effluent analysis on the Indiana Discharge Monthly Monitoring Report (MMR) for Industrial Discharge Permits (State Form 30530). Alternatively, permittees may seek authorization by the commissioner to utilize agency-approved electronic reporting formats for the submittal of all NPDES-related reports in lieu of submitting paper copies of such documents.

(b) If the permittee monitors any pollutant more frequently than required by the permit, using approved analytical methods, the results of this monitoring shall be reported in the DMR. Other monitoring data not specifically required in the permit (such as internal process or internal wastestream data) that is collected by or for the permittee need not be submitted unless requested by the commissioner. Any such additional monitoring data that indicates a violation of a permit limitation shall be followed up by the permittee, whenever feasible, with a monitoring sample obtained and analyzed pursuant to approved analytical methods. The results of the analysis of the follow-up sample shall be reported to the commissioner in the permittee's DMR.

(c) All reports required by this section shall be prepared by or under the direction of a certified wastewater treatment plant operator or a certified water treatment plant operator licensed under the provisions of 327 IAC 5-22 or 327 IAC 8 when such reports concern a discharge originating in whole or in part from a wastewater treatment plant or a water treatment plant, respectively, as defined in IC 13-11-2.

(d) As used in this section, "approved analytical methods" means those test procedures for the analysis of pollutants under section 13(d) of this rule.

(e) NPDES effluent data is to be reported on the monthly DMRs as follows:

SECTION 18. 327 IAC 5-2-17 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 17. (a) Definitions. "Existing source" means any source which is not a new source or a new discharger.

"Facilities or equipment" means buildings, structures, process or production equipment or machinery which form a permanent part of the new source and which will be used in its operation, provided that such facilities or equipment are of such value as to represent a substantial commitment to construct. It does not include facilities or equipment used in connection with feasibility, engineering, and design studies regarding the source or water pollution treatment for the source.

"New source" and "new discharger" are defined in 327 IAC 5-1-2.

"Site" means the land or water area upon which a source and its water pollution control facilities are physically located, including but not limited to adjacent land used for utility systems, repair, storage, shipping or processing areas, or other areas incident to the industrial, manufacturing, or water pollution treatment processes.

"Source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants.

(b) (a) Criteria for new source determination.

(c) (b) Effect of compliance with new source performance standards.

SECTION 19. 327 IAC 5-2-20 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-14-10; IC 13-18-3-15; IC 13-18-4; IC 13-30

Sec. 20. (a) Any violation of this article:

(b) The three (3) enforcement responses enumerated in subsection (a) are independent and not mutually exclusive. Thus the initiation and prosecution of any particular response to a violation of this article does not exclude the concurrent or subsequent initiation of any other response.

(c) For purposes of this section, a "violation of this article" shall include, but not be limited to:

(d) For a permit for storm water runoff associated with construction activity, the department shall investigate potential violations of the permit to determine which person may be responsible for the violation. The department shall, if appropriate, consider public records of ownership, building permits issued by local units of government, and other relevant information, which may include site inspections, storm water pollution prevention plans, notices of intent, and other information related to the specific facts and circumstances of the potential violation.

SECTION 20. 327 IAC 5-2-22 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-1-3; IC 13-7

Sec. 22. (a) All permit applications shall be signed as follows:

(b) All reports required by permits and other information requested by the commissioner shall be signed by a person described in subsection (a), or by a duly authorized representative of that person. A person is a duly authorized representative only if the authorization meets the following requirements:

(c) If an authorization under subsection (b) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (b) must be submitted to the commissioner prior to or together with any reports, information, or applications to be signed by an authorized representative.

(d) Any person signing a document under subsection (a) or (b) shall make the following certification:

SECTION 21. 327 IAC 5-3-8 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 8. (a) The department shall prepare a fact sheet shall be prepared for every draft permit for a major discharger, any draft permit which incorporates a statutory variance or modification or requires explanation under subsection (b)(5), general permits, and every draft permit which the commissioner finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the major facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The commissioner shall send this fact sheet to the following:

(b) The fact sheet shall include the following:

SECTION 22. 327 IAC 5-3-9 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 9. (a) A comment period of at least thirty (30) days following the date of public notice of the formulation of a draft permit shall be provided. During this period any interested persons may submit written comments on the draft permit and may request a public hearing in accordance with subsection (b). All comments, including those submitted in a public hearing, shall be considered by the commissioner in preparing the final permit and shall be responded to as provided in 327 IAC 5-3-15.

(b)(1) A public hearing on a draft permit may be held by the commissioner in appropriate cases, either on the commissioner's own initiative or in response to a request or requests for public hearing submitted during the public comment period. Such a hearing shall be held where the commissioner finds there is a significant public interest in the draft permit. Instances of doubt will be resolved in favor of holding a hearing. Public notice of a public hearing shall be given as specified in 327 IAC 5-3-12.

(2) A request for a public hearing shall be in writing and shall state the nature of the issues to be raised and the reasons why a hearing is warranted.

(3) Any hearing conducted pursuant to this section shall be held in the geographical area of the proposed discharge, or other appropriate area where significant public interest exists in the discretion of the commissioner, and may, when appropriate, consider two or more related draft permits.

(4) Any person appearing at such a hearing may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. A hearing conducted under this section shall not constitute an "administrative adjudication" for purposes of IC 4-22-1 or IC 4-21.5.

(c) All persons, including the applicant, who believe any of the terms and conditions of a draft permit or a tentative decision to deny or terminate a permit is not appropriate for any reason, must raise all reasonably ascertainable issues and submit all arguments and a summary of the factual grounds supporting their position by the close of the public comment period (including any public hearing period).

(d) Since a general permit is in the nature of rule, Public notice and opportunity for comment and public hearing of the a proposed issuance of a general permit must be given provided in accordance with statutorily prescribed procedures for administrative agency rulemaking as well as the provisions of this section and 327 IAC 5-3-12. section 12 of this rule.

SECTION 23. 327 IAC 5-3-12 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 12. (a) Notice of every proposed determination on a permit issuance or denial and of a public hearing concerning such a proposed determination shall be circulated in a manner designed to inform interested persons. Notice of a proposed permit determination shall allow at least thirty (30) days for public comment, as specified in section 9 of this rule, and notice of a public hearing shall be given at least thirty (30) days before the hearing.

(b) Public notices required by subsection (a) shall be given by the commissioner as follows:

(c) All public notices issued under this section shall contain the following information:

(d) Notice of the formulation of a draft general permit and the issuance of a final general permit under section 15 of this rule 327 IAC 15 shall:

(e) In addition to the information required under subsection (c), public notice of a public hearing held under section 9 of this rule shall contain the following information:

(f) The commissioner, at the commissioner's discretion, may include in any notice of a tentative permit determination under subsection (c) a notice of hearing in accordance with subsection (e), whether or not any request for such hearing shall have been submitted to him or her.

(g) The mailing lists referred to in subsection (b)(1) and in section 8(a) of this rule consists of those persons who request to be on the list to receive copies of all public notices. or fact sheets, respectively, or both. Such a request shall be made in writing to the department and shall be renewed annually in the month of January. Failure to renew the request will be cause for the commissioner to remove a name from the appropriate mailing list. Availability of the mailing lists will be publicized periodically through press releases and notices in the Indiana Register, IDEM website, or other appropriate publications. The commissioner may establish regional mailing lists in addition to or in place of a statewide list.

SECTION 24. 327 IAC 5-3-14 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 4-21.5-3-7; IC 13-11-2; IC 13-15; IC 13-18-3-15; IC 13-18-4

Sec. 14. (a) After the close of:

(b) Issuance of a general permit shall be accomplished by the publication of the full text of the permit in the Indiana Register and the notification specified under section 12(d) of this rule, in addition to the notification required by subsection (a).

(c) The commissioner may delegate authority to a staff member to issue or deny NPDES permits to applicants within a specified class or category of point sources. discharges. Within the scope of any such delegation, a reference in this rule to the commissioner shall also mean the commissioner's delegatee.

(d) A final permit decision shall become effective with respect to the applicant unless, within fifteen (15) days after receipt of notice of said decision, the applicant files a request for adjudicatory hearing concerning the permit decision with the commissioner in accordance with IC 13-7-10-2.5(c) IC 13-15-16-1 and IC 4-21.5-3-7.

(e) If an adjudicatory hearing request concerning a final permit decision is granted by the board pursuant to IC 13-7-10-2.5(e), IC 13-15-6-3, any permit provisions that are stayed by order of the board shall not go into effect until confirmed at the final resolution of the hearing or until the board otherwise dissolves the stay. Any permit provisions not stayed by the board in such a proceeding remain effective and in full force.

(f) Where permit provisions are stayed during an adjudicatory proceeding on a renewal permit for an existing source, all provisions of the previous permit which correspond to the stayed provisions of the new permit and which are consistent with those provisions of the new permit that are not stayed shall continue in full force and effect until a final resolution of the adjudicatory proceeding. However, this subsection shall not apply if a timely and sufficient application for the renewal permit was not submitted in accordance with IC 13-7-10-2(e). IC 13-15-3-6.

SECTION 25. 327 IAC 5-3.5-9 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-18-3-15; IC 13-18-4; IC 13-20-17.5

Sec. 9. (a) A PMPP for a facility must be submitted with an application for an SMV. The PMPP must contain the following:

(b) In addition to subsection (a), a PMPP for a POTW must include the following:

(c) Prior to submitting the PMPP to the department as part of the SMV application, an applicant shall do the following:

(d) All notices published under this section shall contain the following information:

(e) The applicant shall do the following:

(f) The department shall consider a PMPP to be complete if it meets the requirements of this section.

SECTION 26. 327 IAC 5-4-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 5. Discharges into acquaculture aquaculture projects, as defined in 40 CFR 122.25, are subject to the NPDES permit program in accordance with the criteria specified in 40 CFR Part 125, Subpart B.

SECTION 27. 327 IAC 5-4-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-18-4

Sec. 6. (a) The following discharges consisting entirely of storm water require an individual NPDES permit:

(b) The following Discharges consisting described in 327 IAC 15-2-2 that consist entirely of storm water require an NPDES permit and are eligible for coverage under a general NPDES permit unless one (1) any of the conditions in subsection (a) is for issuance of an individual permit are met.

(c) The commissioner shall not, under this section, require a permit for discharges of storm water runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facilities, composed entirely of flows from conveyances or systems of conveyances, including, but not limited to, pipes, conduits, ditches, and channels, used for collecting and conveying precipitation run-off and which are not contaminated by contact with or do not come into contact with any overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site of such operations. any of the following:

(d) If an individual NPDES permit is required under subsection (a) for discharges consisting entirely of storm water, or if an individual permit is required under 327 IAC 5-2-2 that includes discharge of commingled storm water associated with industrial activity, the department may consider the following in determining the requirements to be contained in the permit:

(e) Storm water runoff discharged into a combined sewer system is not subject to the provisions of this section.

(f) Whether a discharge from an MS4 conveyance is, subject to regulation under this section, shall have no bearing on whether the owner or operator of the discharge is eligible for funding under Title II, Title III, or Title VI of the CWA. Clean Water Act.

(g) Terms, as used in this section, have the same meaning as defined under 40 CFR 122.26(b), 327 IAC 15-5-4, 327 IAC 15-6-4, or 327 IAC 15-13-5, unless defined as follows:

*Copies of the United States Environmental Protection Agency guidance document referenced in this section may be obtained from the Government Printing Office, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

SECTION 28. 327 IAC 5-16-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15; IC 13-18-4

Sec. 1. (a) The pretreatment rules establish a state program to control the discharge of industrial pollutants into publicly owned treatment works (POTWs), as defined in 327 IAC 5-1.5-48, to implement 40 CFR 403 and related provisions of the federal Clean Water Act, 33 U.S.C. §1251.

(b) The state pretreatment program has the following three (3) objectives:

(c) The pretreatment rules apply to:

(d) Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations in the pretreatment rules refers to the July 1, 1999, revision.

SECTION 29. 327 IAC 5-16-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18

Sec. 5. (a) All POTWs and industrial users shall comply with the applicable reporting requirements of 40 CFR 403.12*. 403.12.

(b) The reporting requirements for an industrial user upon the effective date of a categorical pretreatment standard are as follows:

(c) The baseline monitoring report submitted by the industrial user to the POTW must include the following information:

(d) The following conditions apply to the compliance schedule for meeting categorical pretreatment standards required by subsection (c)(8):

(e) Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following the introduction of wastewater into the POTW, an industrial user shall do the following:

(f) This subsection does not apply to nonsignificant categorical users as defined in 40 CFR 403.3(v)(2). An industrial user subject to a categorical pretreatment standard, after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit a periodic compliance monitoring report to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority or the approval authority. The periodic compliance monitoring report shall contain the following:

(g) All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by 40 CFR 403.5(b)***. 403.5(b).

(h) Industrial users shall continue monitoring and analysis to demonstrate continued compliance, including the following:

(i) The reporting requirements for industrial users not subject to categorical pretreatment standards are as follows:

(j) Additionally, reporting of:

*Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR 403.12 is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

**Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR 403.6(a)(2)(ii) is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

***Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR 403.5(b) is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

****Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR Part 136 is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

SECTION 30. 327 IAC 5-16-5.3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15; IC 13-18-4; IC 13-18-11

Sec. 5.3. (a) The reports required by 40 CFR 403.12 or 327 IAC 5-21-10 must be signed by one (1) of the following:

(b) An industrial user subject to the reporting requirements of section 5 of this rule and this section shall maintain records of the monitoring activities in accordance with 327 IAC 5-2-14, including documentation associated with best management practices. These records must be made available, upon request, to the:

(c) A POTW to which reports are submitted by an industrial user under this section shall:

(d) A report required by this section that relates to the actual operation of or discharge from a pretreatment facility must be prepared by or under the direction of a wastewater treatment plant operator certified under IC 13-18-11.

(e) A report required of a POTW by 40 CFR 403.12 must be signed by a responsible corporate officer, ranking elected official, or other duly authorized employee. The duly authorized employee shall be an individual or position having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be:

(f) An industrial user who wishes to demonstrate the affirmative defense of upset for noncompliance with any pretreatment standard or requirement in 327 IAC 5-2 shall, as provided in 327 IAC 5-18-3, comply with the reporting requirements and conditions under section 6 of this rule.

(g) An industrial user shall report incidents of bypass or intent to bypass in accordance with section 7 of this rule.

(h) All industrial users shall promptly notify the:

(i) A facility determined to be a nonsignificant categorical industrial user pursuant to 40 CFR 403.3(v)(2) shall annually submit a certification statement, signed in accordance with the signatory requirements in 40 CFR 403.12(l)*. This certification must accompany an alternative report required by the control authority. The certification statement must include the following:

(j) An industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and the commissioner in writing of any discharge into the POTW of a substance that, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. The notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge, for example, continuous, batch, or other. If the industrial user discharges more than one hundred (100) kilograms of the waste per calendar month to the POTW, the notification must also contain the following information to the extent the information is known and readily available to the industrial user:

(k) Dischargers are exempt from the requirements of this subsection and subsections (j) and (l) during a calendar month in which they discharge not more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 40 CFR 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 40 CFR 261.33(e), requires a one (1) time notification.

(l) Subsequent months, during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(m) In the case of any notification made under subsections (j) through (l), the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(n) The control authority that chooses to receive electronic documents shall satisfy the requirements of 40 CFR Part 3***, Part 3, electronic reporting.

*Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR 403.12(l) is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

**Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR 403.12(j) is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

***Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR Part 3 is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

SECTION 31. 327 IAC 5-18-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 4-22-2; IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15; IC 13-18-4

Sec. 4. (a) General provisions for the categorical pretreatment standards are as follows:

(b) The requirements concerning a request for a subcategory determination are as follows:

(c) Compliance with new categorical standards shall be in accordance with the following:

(d) Concentration and mass limits are determined by the following:

(e) When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the control authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the control authority. The control authority may establish equivalent mass limits only if the industrial user meets all of the following conditions:

(f) A control authority that chooses to establish equivalent mass limits under subsection (e):

(g) The control authority may convert the mass limits of the categorical pretreatment standards at 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions:

(h) The application of a limitation for a categorical pretreatment standard shall be in accordance with the following:

(i) Except where expressly authorized to do so by an applicable categorical pretreatment standard, no industrial user shall increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any pretreatment standard or requirement. An unauthorized attempt by an industrial user to dilute a regulated discharge shall be cause for the control authority to impose the mass limits set forth in the categorical standard.

*Notwithstanding 327 IAC 5-16-1(d), the July 1, 2007, version of 40 CFR 403.6(a) is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

SECTION 32. 327 IAC 5-18-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15; IC 13-18-4

Sec. 5. (a) The requirements for requesting a variance from a categorical pretreatment standard for fundamentally different factors are as follows:

(b) The commissioner shall act upon a FDFV request according to the following:

*40 CFR 403.13 is incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

SECTION 33. 327 IAC 15-1-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 1. The purpose of this article is to establish NPDES administrative general permit rules authority for certain classes or categories of point source discharges, by prescribing the policies, procedures, and technical criteria to operate and discharge under the requirements of a NPDES general permit rule. Compliance with all requirements of applicable general permit rules may obviate the need for an individual NPDES permit issued under 327 IAC 5. A facility can operate under an individual NPDES permit and one (1) or more applicable general permit rules. except those covered by individual permits, within a geographical area within the state.

SECTION 34. 327 IAC 15-1-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 2. In addition to The definitions contained in IC 13-7-1, IC 13-1-3-1.5, 327 IAC 1, and 327 IAC 5, as amended, the following definitions IC 13-11-2, 327 IAC 5-1.5, 40 CFR 122.26(b), and 40 CFR 403.3 apply throughout this article.

SECTION 35. 327 IAC 15-1-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 3. (a) The commissioner may, in a general permit issued under this article, require any person as defined at IC 13-7-1-17 who is subject to this article shall: to:

(b) Sampling of internal wastestreams under subsection (a)(4) and the provisions of data under subsection (a)(5) shall not be required by the commissioner unless:

SECTION 36. 327 IAC 15-1-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4; IC 13-30

Sec. 4. This article shall be enforced through the provisions of IC 13-7-10-5, IC 13-7-11, or IC 13-7-12, or any combination thereof, as appropriate. Penalties for violation of this article shall be governed by IC 13-7-13. as provided in IC 13-30.

SECTION 37. 327 IAC 15-2-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2-79; IC 13-18-3-15; IC 13-18-4

Sec. 1. This rule defines the basic programmatic requirements of the NPDES administrative general permit rule program to be administered by the commissioner consistent with NPDES requirements under the Federal Clean Water Act, as defined at IC 13-1-4-1, IC 13-7-1-10, and 327 IAC 5. IC 13-11-2-79.

SECTION 38. 327 IAC 15-2-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-4; IC 13-18-12-9

Sec. 2. (a) The commissioner may regulate the following discharges under an NPDES administrative general permit: rules:

(b) The commissioner may determine that an individual permit must be obtained under section 9 of this rule. Any person to whom this article applies may avoid compliance with this article by obtaining an individual NPDES permit.

(c) Each general permit rule shall be applicable to persons meeting the criteria of subsection (a) existing within specific boundaries designated by the commissioner in accordance with the following:

(d) As provided in 40 CFR 122.28(b)(2)(v), the commissioner may authorize a person to discharge under a general permit without submitting a notice of intent if the commissioner finds that a notice of intent would be inappropriate. However, this provision does not apply to discharges from:

SECTION 39. 327 IAC 15-2-2.3 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 2.3. The commissioner shall make draft general permits available for public comment for not less than thirty (30) days, consistent with Section 402 of the Clean Water Act (33 U.S.C. 1342).

SECTION 40. 327 IAC 15-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 3. (a) A general permit rule may regulate all designated categories of point sources discharges for which a general permit rule exists except:

(b) Persons excluded from general permit rule regulation solely because they have an existing individual NPDES permit may request to be regulated under a general permit rule and may request that the individual NPDES permit be revoked or modified to remove the point source discharge from the existing permit. Upon revocation or expiration of the individual NPDES permit, the general permit rule shall apply to such point source discharges regulated under this article. This allowance to change from an individual NPDES permit to a general NPDES permit does not apply to municipal separate storm sewer system permittees who were issued an individual NPDES permit before January 1, 2000.

(c) A person that holds an individual NPDES permit may have discharges regulated under an applicable general permit rule if such discharges are not addressed in the individual permit.

SECTION 41. 327 IAC 15-2-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 5. (a) Except as provided in 40 CFR 122.28(b)(2)(v), any person subject to the requirements of this article seeking to obtain an NPDES general permit shall submit a NOI letter that complies with this section, 327 IAC 15-3, and notice of intent in accordance with the additional requirements in any of the applicable general permit. rule.

(b) A NOI letter notice of intent shall be submitted to the commissioner by the time specified under 327 IAC 15-3 or the time indicated in the applicable general permit. rule.

(c) The person responsible for the operation of the facility from which a point source discharge of pollutants and/or storm water occurs must submit a NOI letter.

SECTION 42. 327 IAC 15-2-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 6. (a) Except as provided in subsection (b), an individual NPDES permit issued under 327 IAC 5 is required for a discharge:

(b) A discharge to an outstanding national resource water or outstanding state resource water or exceptional use that consists only of storm water may be permitted under 327 IAC 15-5, 327 IAC 15-6, or 327 IAC 15-13 this article if the commissioner determines the discharge will not significantly lower the water quality as defined under 327 IAC 5-2-11.3(b)(1) of such a water downstream of that point source discharge.

SECTION 43. 327 IAC 15-2-9 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 4-21.5; IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 9. (a) If a general permit rule is amended, all persons regulated by the affected general permit rule must be notified by first class mail of the amendment by the commissioner. Those persons notified by the commissioner under this subsection shall:

(b) (a) The commissioner may require any person either with an existing discharge subject to the requirements of this article or who is proposing a discharge that would otherwise be subject to the requirements of this article to apply for and obtain an individual NPDES permit if one (1) of the six (6) cases listed in this subsection occurs. Interested persons may petition the commissioner to take action under this subsection. Cases where individual NPDES permits may be required include any of the following occurs:

(c) (b) If, under subsection (b), the commissioner requires an individual NPDES permit, pursuant to 327 IAC 5-3, the commissioner shall notify the person in writing that an individual NPDES permit application is required. This notice shall be issued pursuant to IC 4-21.5 and shall also include the following:

(d) (c) A person having financial responsibility or operational control for a facility, project site, or municipal separate storm sewer system area and the associated storm water discharges, that meets the applicability requirements of the general permit rule and is not covered by an existing individual NPDES permit, must submit an application under 40 CFR 122.26 as published in the Federal Register on November 16, 1990, and 327 IAC 5-3 if the operator seeks to cover the discharge under an individual permit.

(e) On the effective date of an individual NPDES permit that is issued to a person regulated under this article, this article no longer applies to that person.

(f) Persons with a discharge meeting all the applicability criteria of more than one (1) general permit rule shall comply with all applicable general permit rules.

SECTION 44. 327 IAC 15-2-10 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4

Sec. 10. No general permit rule shall be promulgated and issued where the terms and conditions of the permit rule do not comply with the applicable guidelines and requirements of:

SECTION 45. 327 IAC 15-3.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-18-12-9

Sec. 1. This rule applies to on-site residential sewage discharging disposal systems located within the Allen County on-site waste management district that have been installed to repair or replace a sewage disposal system that fails to meet public health and environmental standards and for which an operating permit has been issued under IC 13-18-12-9.

Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4; IC 36-11

Sec. 2. In addition to the definitions in IC 13-11-2, 327 IAC 5, and 327 IAC 15-1.5, the following definitions apply throughout this rule:

Affected: IC 13-18-12-9

Sec. 3. (a) Except as provided in subsection (f), the owner of property upon which an on-site residential sewage discharging disposal system subject to this rule is located shall submit to the district a request for inclusion into the district and coverage under the on-site residential sewage discharging disposal system general permit. The request shall include the following:

(b) If an on-site residential sewage discharging disposal system serves more than one (1) home, each homeowner served by the system shall submit the information required in subsection (a).

(c) If there is a change of ownership of the property upon which an on-site residential sewage discharging disposal system is located, the following must be accomplished in accordance with any applicable district requirements:

(d) The district shall submit a notice of intent in accordance with 327 IAC 15-2-5 and 327 IAC 15-3.

(e) In addition to the information required in 327 IAC 15-2-3 and 327 IAC 15-3, the notice of intent shall include the following:

(f) For an on-site residential sewage discharging disposal system installed at a residence that was constructed after July 1, 2002, because of failure of the original on-site nondischarging sewage disposal system, the following additional requirements apply:

(g) The notice of intent must be signed by the head of the governing body of the district.

Affected: IC 13-18-3-15; IC 13-18-4

Sec. 4. (a) Any person requesting inclusion in the district and coverage under this rule shall submit the request for inclusion to the district within thirty (30) days of receipt of the operating permit issued by the local health department. However, a person described in section 3(f) of this rule shall submit the notice of intent required under section 3 of this rule to the district and IDEM at least fifteen (15) days prior to discharging.

(b) The district shall submit the notice of intent to the department within ninety (90) days of the effective date of this rule.

(c) The district shall provide written updates to the department every three (3) months after submission of the initial notice of intent. The updates shall include the following:

(d) The update required by subsection (c) must be signed by the head of the governing body of the district.

Affected: IC 13-18-3-15; IC 13-18-4

Sec. 5. (a) The standard conditions for a NPDES permit under 327 IAC 5 and the standard conditions for an NPDES general permit under this article apply to an on-site residential sewage discharging disposal system general permit.

(b) The district shall maintain the following records within the district office and make them available for inspection:

Affected: IC 13-14-10; IC 13-15-7; IC 13-18-3; IC 13-18-4; IC 13-30; IC 36-11-2-1; IC 36-11-5

Sec. 6. In addition to the requirements of 327 IAC 5-2-8(8), the district shall allow the commissioner or an authorized representative, upon presentation of credentials, to enter the district office and have access to and copy any records that must be kept under the conditions of the general permit.

SECTION 46. THE FOLLOWING ARE REPEALED: 327 IAC 5-1.5-62; 327 IAC 5-2-4; 327 IAC 5-18-10; 327 IAC 15-2-4; 327 IAC 15-2-7; 327 IAC 15-2-8; 327 IAC 15-3; 327 IAC 15-4; 327 IAC 15-5-1; 327 IAC 15-5-2; 327 IAC 15-5-3; 327 IAC 15-5-4; 327 IAC 15-5-5; 327 IAC 15-5-6; 327 IAC 15-5-7; 327 IAC 15-5-8; 327 IAC 15-5-9; 327 IAC 15-5-10; 327 IAC 15-5-12; 327 IAC 15-6; 327 IAC 15-7; 327 IAC 15-8; 327 IAC 15-9; 327 IAC 15-10; 327 IAC 15-11; 327 IAC 15-12; 327 IAC 15-13; 327 IAC 15-14.

Notice of Public Hearing

DIN: 20120502-IR-327100659SNA

Composed: Apr 25,2024 2:40:36AM EDT

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