Section 327IAC5-3-8. Fact sheet

   (a) The department shall prepare a fact sheet for every draft permit for a major discharger, any draft permit that incorporates a statutory variance or modification or requires explanation under subsection (b)(5), general permits, and every draft permit that 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:

(1) The applicant.

(2) EPA Region 5.

(3) The district engineer of the Corps of Engineers.

(4) The regional director of the U.S. Fish and Wildlife Service.

(5) Other interested state and federal agencies.

(6) Any other person on request.

  (b) The fact sheet shall include the following:

(1) A brief description of the type of facility or activity that is the subject of the draft permit and, where appropriate, a sketch or detailed description of the discharge described in the application.

(2) A description of the type and quantity of pollutants that are, or are proposed to be, discharged.

(3) A brief explanation of the express statutory or regulatory provisions on which permit requirements are based.

(4) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable guideline or development documents or standard provisions as required under 327 IAC 5-2-10 and reasons why they are applicable or an explanation of how alternate effluent limitations were developed.

(5) When the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:

(A) Technology-based limitations to control toxic pollutants under 327 IAC 5-2-10.

(B) Limitations on internal waste streams in accordance with 327 IAC 5-2-11(h).

(C) Limitations on indicator pollutants under 327 IAC 5-2-10(6) and 327 IAC 5-5-2(f).

(D) Limitations allowing an increase in the discharge of any pollutant, including an explanation that satisfies the requirements of 327 IAC 5-2-10(11) and the antidegradation requirements of 327 IAC 2-1, 327 IAC 2-1.3, and 327 IAC 2-1.5.

(E) Limitations implementing a variance from water quality standards under 327 IAC 2-1-8.8 or 327 IAC 2-1.5-17 and section 4.1 of this rule.

(6) Reasons why requested variances or modifications from otherwise required effluent limitations do or do not appear justified.

(7) Name and telephone number of a departmental contact person who can provide additional information.

(8) Any information, not otherwise specified herein, required under 327 IAC 5-2-12 or 327 IAC 5-2-12.1.

(Water Pollution Control Division; 327 IAC 5-3-8; filed Sep 24, 1987, 3:00 p.m.: 11 IR 638; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1761; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1472; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; filed May 29, 2012, 3:19 p.m.: 20120627-IR-327080764FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA)