Section 327IAC5-2-9. Notification requirements for toxic pollutants

   In addition to the reporting requirements of section 8(10) of this rule, permits issued to any manufacturing, commercial, mining, or silvicultural discharger shall contain conditions requiring the discharger to notify the commissioner as soon as the discharger knows or has reason to know the following:

(1) That any activity has occurred or will occur that would result in the discharge of any toxic pollutant that is not limited in the permit if that discharge will exceed the highest of the following notification levels:

(A) One hundred (100) micrograms per liter.

(B) Two hundred (200) micrograms per liter for acrolein and acrylonitrile; five hundred (500) micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one (1) milligram per liter for antimony.

(C) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7).

(D) A notification level established by the commissioner on a case-by-case basis, either at the commissioner’s own initiative or upon a petition by the permittee. This notification level may exceed the levels specified in clause (A), (B), or (C) but may not exceed the level which can be achieved by the technology-based treatment requirements applicable to the permittee under the CWA (see 327 IAC 5-5-2).

(2) That the discharger has begun or expects to begin to use or manufacture, as an intermediate or final product or byproduct, any toxic pollutant that was not reported in the permit application under 40 CFR 122.21(g)(9). However, this subdivision does not apply to the permittee’s use or manufacture of a toxic pollutant solely under research or laboratory conditions.

(Water Pollution Control Division; 327 IAC 5-2-9; filed Sep 24, 1987, 3:00 p.m.: 11 IR 622; filed Apr 9, 2003, 2:55 p.m.: 26 IR 2613)