Section 323.1213. WQBELs less than quantification level.

(1) If a water quality-based effluent limit (WQBEL) for a toxic substance is calculated to be less than the quantification level, then all of the following provisions apply:

(a)     The department shall designate, in the national pollutant discharge elimination system (NPDES) permit, the WQBEL as calculated.

(b)     The permit shall state, for the purpose of compliance assessment, the analytical method to be used to monitor the amount of toxic substance in the effluent and the quantification level. The analytical method specified shall be the most sensitive, applicable, analytical method specified in or approved under the pollutant testing regulations set forth in 40 C.F.R. §136 (2000), which are adopted by reference in R 323.1221, or other appropriate method that provides confirmation and verification acceptable to the department if one is not available under 40 C.F.R. §136 (2000). The permit shall also state that if an effluent sample is less than the quantification level, then the permittee shall be considered in compliance for the period that the sample represents if the pollutant minimization program (PMP) described in subdivision (d) of this subrule is being fully performed.

(c)        The quantification level shall be the minimum level (ML) specified in, or approved under, 40 C.F.R. §136 (2000), which are adopted by reference in R 323.1221,

for the method for that toxic substance.   If  such   ML  does   not exists, or if the method is not specified or approved under 40 C.F.R. §136 (2000), then the quantification level shall be the lowest quantifiable level practicable as established by procedures approved by the department. When establishing a quantification level, the department shall consider the achievability of the value by competent commercial laboratories. The permittee shall be given the opportunity to demonstrate that  a  higher quantification level is appropriate because of sample matrix interference.

(d)    The permit shall contain a special condition requiring the permittee to develop and conduct a PMP for each toxic substance with a WQBEL below the quantification level, unless the permittee can demonstrate to the department that an  alternate  technique is available and will be  used   to  assess  compliance with the WQBEL.  The goal of the PMP shall be to maintain the effluent concentration of the toxic substance at or below the WQBEL. The department shall consider cost-effectiveness during the development and implementation of a PMP. The permit shall require the submittal of a PMP by the permittee that describes the control strategy designed to proceed toward achievement of the goal and shall include all of the following:

(i)      An annual review and semiannual monitoring of potential sources of the toxic substance.

(ii)      Quarterly monitoring for the toxic substance in the influent to the wastewater treatment system.

(iii)     A commitment by the permittee that reasonable cost-effective control measures will be implemented  when  sources  of  the   toxic  substance   are discovered. Factors to be considered shall include all of the following:

(A)    )  Significance of sources.

(B)    Economic considerations.

(C)    Technical and treatability considerations.

(iv)      An annual status report. The report shall be sent to the department and shall include all of the following:

(A)    All minimization program monitoring results for the previous year.

(B)    A list of potential sources of the toxic substance.

(C)     A summary of all actions taken to reduce or eliminate the identified sources of the toxic substance. The requirements of paragraphs (i) to (iv) of this subdivision may be modified by the department on a case-by-case basis.

(e)     The permit may contain a special  condition  requiring   fish  tissue monitoring or other biouptake sampling, or both, or facility sludge monitoring to assess the progress of the PMP.

(f)     The permit shall contain a reopener clause indicating that any information generated as a result of the PMP described in subdivision (d) of this subrule may be used to support a request for subsequent permit modification, including revision or removal of the PMP requirement.

(g)     The quantification level specified in a NPDES permit pursuant to this rule shall remain in effect until the permit is modified or reissued. If the quantification level is reduced through a permit modification or reissuance, then the permittee may be eligible for a compliance schedule under R 323.1217 and a variance under R 323.1103.

History: 1997 AACS; 2006 AACS.