Section 327IAC5-9-2. Applicability of best management practices (BMPs)

   (a) Dischargers who use, manufacture, store, handle, or discharge any pollutant listed as toxic under section 307(a)(1) of the CWA, any pollutant listed as hazardous under section 311 of the CWA, or on a case-by-case basis, other materials which may cause pollution if they are discharged are subject to the requirements of this rule for all activities which may result in significant amounts of those pollutants reaching waters of the state. These activities are ancillary manufacturing operations including the following:

(1) Materials storage areas.

(2) In-plant transfer.

(3) Process and material handling areas.

(4) Loading and unloading operations.

(5) Plant site runoff.

(6) Sludge and waste disposal areas.

  (b) For purposes of this rule, "manufacture" means to produce as an intermediate or final product or byproduct.

  (c) BMP programs shall be developed in accordance with good engineering practices.

  (d) The BMP program shall:

(1) be documented in narrative form, and shall include any necessary plot plans, drawings, or maps;

(2) establish specific objectives for the control of toxic and hazardous pollutants as follows:

(A) Each facility component or system shall be examined for its potential for causing a release of significant amounts of toxic or hazardous pollutants to waters of the United States due to equipment failure, improper operation, or natural phenomena such as rain or snowfall, etc.

(B) Where experience indicates a reasonable potential for equipment failure, for example, a tank overflow or leakage, natural condition, for example, precipitation, or other circumstances to result in significant amounts of toxic or hazardous pollutants reaching surface waters, the program should include a prediction of the direction, rate of flow, and total quantity of toxic or hazardous pollutants which could be discharged from the facility as a result of each condition or circumstance; and

(3) establish specific best management practices to meet the objectives identified under subdivision (2), addressing each component or system capable of causing a release of significant amounts of toxic or hazardous pollutants to the waters of the state.

  (e) Also, the BMP program:

(1) may reflect requirements for Spill Prevention Control Countermeasure (SPCC) plans under section 311 of the CWA and may incorporate any part of such plans into the BMP program by reference;

(2) shall assure the proper management of solid and hazardous waste in accordance with regulations promulgated under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) (40 U.S.C. 6901 et seq.). Management practices required under RCRA regulations shall be expressly incorporated into the BMP program; and

(3) shall address the following points for the ancillary activities:

(A) Statement of policy.

(B) Spill control committee.

(C) Material inventory.

(D) Material compatibility.

(E) Employee training.

(F) Reporting and notification procedures.

(G) Visual inspections.

(H) Preventive maintenance.

(I) Housekeeping.

(J) Security.

  (f) The BMP program must be clearly described and submitted as part of the permit application. An application which does not contain a BMP program shall be considered incomplete. Upon receipt of the application, the commissioner shall approve or modify the program in accordance with the requirements of this section. The BMP program as approved or modified shall be included in the draft permit. The BMP program shall be subject to the applicable permit issuance requirements of this rule, resulting in the incorporation of the program (including any modifications of the program resulting from the permit issuance procedures) into the final permit.

  (g) Proposed modifications to the BMP program which affect the discharger's permit obligations shall be submitted to the commissioner for approval. If the commissioner approves the proposed BMP program modification, the permit shall be modified in accordance with this rule, provided that the commissioner may waive the requirements for public notice and opportunity for hearing on such modification if it is determined that the modification is not significant. The BMP program, or modification thereof, shall be fully implemented as soon as possible but not later than one (1) year after permit issuance, modification, or revocation and reissuance unless the commissioner specifies a later date in the permit.

  (h) The discharger shall maintain a description of the BMP program at the facility and shall make the description available to the commissioner upon request.

  (i) The owner or operator of a facility subject to this section shall amend the BMP program whenever there is a change in facility design, construction operation, or maintenance which materially affects the facility's potential for discharge of significant amounts of hazardous or toxic pollutants into the waters of the state.

  (j) If the BMP program proves to be ineffective in achieving the general objective of preventing the release of significant amounts of toxic or hazardous pollutants to those waters and the specific objectives and requirements under subsections (d) and (e), the permit and/or the BMP program shall be subject to modification to incorporate revised BMP requirements. (Water Pollution Control Division; 327 IAC 5-9-2; filed Sep 24, 1987, 3:00 p.m.: 11 IR 651; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1771; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)