 |
|
(6) The value of KOW
(A) The value of KOW used for an organic chemical
(i) Where the Log KOW is less than four (4) (Log KOW < 4):
(ii) Where the Log KOW is greater than four (4) (Log KOW > 4):
(B) The CLOGP program is a computer program available from Pomona College. A value of KOW that seems to be different from the others should be considered an outlier and not used. The value of KOW used for an organic chemical
(7) This section provides overall guidance for the derivation of BAFs, but it cannot cover all the decisions that must be made in the review and selection of acceptable data. Professional judgment is required throughout the process. A degree of uncertainty is associated with the determination of any BAF, BSAF, BCF, or KOW. The amount of uncertainty in a baseline BAF depends on both the quality of data available and the method used to derive the BAF.
(8)
(c) For comparative purposes, baseline BAFs should be derived for each chemical by as many of the four (4) methods as available data allow. Baseline BAFs
(1) A measured baseline BAF for an organic or inorganic chemical derived from a field study of acceptable quality.
(2) A predicted baseline BAF for an organic chemical derived using field-measured BSAFs of acceptable quality.
(3) A predicted baseline BAF for an organic or inorganic chemical derived from a BCF measured in a laboratory study of acceptable quality and an FCM.
(4) A predicted baseline BAF for an organic chemical derived from a KOW of acceptable quality and an FCM.
(d) The following procedures
(1) The following procedures
(A) It is assumed that BAFs and BCFs for organic chemicals can be extrapolated on the basis of percent lipid from one (1) tissue to another and from one (1) aquatic species to another in most cases.
(B) Because BAFs and BCFs for organic chemicals are related to the percent lipid, it does not make any difference whether the tissue sample is whole body or edible portion, but both the BAF (or BCF) and the percent lipid must be determined for the same tissue. The percent lipid of the tissue should be measured during the BAF or BCF study, but in some cases it can be reliably estimated from measurements on tissue from other organisms. If percent lipid is not reported for the test organisms in the original study, it may be obtained from the author; or, in the case of a laboratory study, lipid data for the same or a comparable laboratory population of test organisms that were used in the original study may be used.
(C) The lipid-normalized concentration,
 , of a chemical in tissue is defined using the following equation:
(2) By definition, baseline BAFs and BCFs for organic chemicals, whether measured or predicted, are based on the concentration of the chemical that is freely dissolved in the ambient water in order to account for bioavailability. The following procedures
(A) For the purposes of this subsection, the relationship between the total concentration of the chemical in the water (that which is freely dissolved plus that which is sorbed to particulate organic carbon or to dissolved organic carbon), to the freely dissolved concentration of the chemical in the ambient water,
(B) The fraction of the total chemical in the ambient water that is freely dissolved, ffd,
(3) In the absence of a field-measured BAF or a predicted BAF derived from a BSAF, a
(4) A baseline BAF
The trophic level to which the baseline BAF applies is the same as the trophic level of the organisms used in the determination of the field-measured BAF. For each trophic level, a species mean measured baseline BAF
(5) A baseline BAF
(A) A baseline BAF for organic chemical "i"
(B) A BSAF
(C) The organic carbon-normalized concentration of a chemical in sediment, CSOC,
(D) Predicting BAFs from BSAFs requires data from a steady-state (or near steady-state) condition between sediment and ambient water for both a reference chemical "r" with a field-measured BAFd, and other chemicals "n = i" for which BSAFs are to be determined.
(E) The trophic level to which the baseline BAF applies is the same as the trophic level of the organisms used in the determination of the BSAF. For each trophic level, a species mean baseline BAF
(F) If a baseline BAF based on a measured BSAF is available for either trophic level three (3) or four (4), but not both, a baseline BAF for the other trophic level
(6) A baseline BAF for trophic level three (3), and a baseline BAF for trophic level four (4),
For each trophic level, a species mean baseline BAF
(7) A baseline BAF for trophic level three (3), and a baseline BAF for trophic level four (4),
(e) The following procedures
(1) To calculate human health and wildlife BAFs for an organic chemical, the KOW of the chemical
 (2) The human health BAFs for an organic chemical
(A) For trophic level three (3):
(B) For trophic level four (4):
(3) The wildlife BAFs for an organic chemical
(A) For trophic level three (3):
(B) For trophic level four (4):
(f) The following procedures
(1) For inorganic chemicals, the baseline BAFs for trophic levels three (3) and four (4) are both assumed to equal the BCF determined for the chemical with fish; for example, the FCM is assumed to be one (1) for both trophic levels three (3) and four (4). However, an FCM greater than one (1) might be applicable to some metals, such as mercury, if
(2) The following procedures
(A) Measured BAFs and BCFs used to determine human health BAFs for inorganic chemicals
(B) If one (1) or more field-measured baseline BAFs for an inorganic chemical are available from studies conducted in the Great Lakes system with the muscle of fish:
(i) for each trophic level, a species mean measured baseline BAF
(ii) for each trophic level, the geometric mean of the species mean measured baseline BAFs
(C) If an acceptable measured baseline BAF is not available for an inorganic chemical and one (1) or more acceptable edible portion laboratory measured BCFs are available for the chemical, a predicted baseline BAF
(3) The following procedures
(A) Measured BAFs and BCFs used to determine wildlife BAFs for inorganic chemicals
(B) If one (1) or more field-measured baseline BAFs for an inorganic chemical are available from studies conducted in the Great Lakes system with whole body of fish or invertebrates:
(i) for each trophic level, a species mean measured baseline BAF
(ii) for each trophic level, the geometric mean of the species mean measured baseline BAFs
(C) If an acceptable measured baseline BAF is not available for an inorganic chemical, and one (1) or more acceptable whole body laboratory measured BCFs are available for the chemical, a predicted baseline BAF
(g) For both organic and inorganic chemicals, human health and wildlife BAFs for both trophic levels
(h) The following
*Copies of these documents and access to the AQUIRE database may be obtained from U.S. EPA, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, www.epa.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
**Copies of this document may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 8.
Authority: |
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= 
= 
= 
= 
= | RAD = | 0.00001 | |
| q1* |
| Where: | RAD = | risk associated dose in milligrams of toxicant per kilogram body weight per day (mg/kg/day). |
| 0.00001 (1 × 10-5) = | incremental risk of developing cancer equal to one (1) in one hundred thousand (100,000). | |
| q1* = | slope factor (mg/kg/day)-1. |
(H) If human epidemiologic data or other biological animal data (animal) indicate that a chemical causes cancer via a threshold mechanism, the risk associated dose may, on a case-by-case basis, be calculated using a method that assumes a threshold mechanism is operative.
(2) The following procedures apply for noncarcinogens:
(A) Noncarcinogens shall must generally be assumed to have a threshold dose or concentration below which no adverse effects should be observed. Therefore, the Tier I criterion or Tier II value is the maximum water concentration of a substance at or below which a lifetime exposure from drinking the water, consuming fish caught in the water, and ingesting water as a result of participating in water-related recreation activities is likely to be without appreciable risk of deleterious effects. For some noncarcinogens, there may not be a threshold dose below which no adverse effects should be observed. Chemicals acting as genotoxic teratogens and germline mutagens are thought to possibly produce reproductive or developmental effects via a genetically-linked mechanism which may have no threshold. Other chemicals also may not demonstrate a threshold. Criteria for these types of chemicals will be established on a case-by-case basis using appropriate assumptions reflecting the likelihood that no threshold exists.
(B) All appropriate human and animal toxicologic data shall must be reviewed and evaluated. To the maximum extent possible, data most specific to the environmentally relevant route of exposure shall must be used. Oral exposure data should be used preferentially over dermal and inhalation since, in most cases, the exposure routes of greatest concern are fish consumption and drinking water/incidental ingestion. When acceptable human data are not available, for example, such as well-conducted epidemiologic studies, animal data from species most biologically relevant to humans shall must be used. In the absence of data to distinguish the most relevant species, data from the most sensitive animal species tested, such as the species showing a toxic effect at the lowest administered dose (given a relevant route of exposure), should generally be used.
(C) Minimum data requirements are specified in subsection (b)(2). The experimental exposure level representing the highest level tested at which no adverse effects were demonstrated (NOAEL) from studies satisfying the provisions of subsection (b)(2) shall must be used for criteria calculations. In the absence of a NOAEL, the LOAEL from studies satisfying the provisions of subsection (b)(2) may be used if it is based on relatively mild and reversible effects.
(D) Uncertainty factors (UFs) shall must be used to account for the uncertainties in predicting acceptable dose levels for the general human population based upon experimental animal data or limited human data as follows:
(i) A UF of ten (10) shall must generally be used when extrapolating from valid experimental results from studies on prolonged exposure to average healthy humans. This ten (10) fold factor is used to protect sensitive members of the human population.
(ii) A UF of one hundred (100) shall must generally be used when extrapolating from valid results of long term studies on experimental animals, when results of studies of human exposure are not available or are inadequate. In comparison to item (i), this represents an additional ten (10) fold UF in extrapolating data from the average animal to the average human.
(iii) A UF of up to one thousand (1,000) shall must generally be used when extrapolating from animal studies for which the exposure duration is less than chronic, but greater than subchronic, for example, such as ninety (90) days or more in length, or when other significant deficiencies in study quality are present, and when useful long term human data are not available. In comparison to item (ii), this represents an additional UF of up to ten (10) fold for less than chronic, but greater than subchronic, studies.
(iv) A UF of up to three thousand (3,000) shall must generally be used when extrapolating from animal studies for which the exposure duration is less than subchronic, for example, such as twenty-eight (28) days. In comparison to item (ii), this represents an additional UF of up to thirty (30) fold for less than subchronic studies. The level of additional uncertainty applied for less than chronic exposures depends on the duration of the study used relative to the lifetime of the experimental animal.
(v) An additional UF of between one (1) and ten (10) may be used when deriving a criterion from a LOAEL. This UF accounts for the lack of an identifiable NOAEL. The level of additional uncertainty applied may depend upon the severity and the incidence of the observed adverse effect.
(vi) An additional UF of between one (1) and ten (10) may be applied when there are limited effects data or incomplete subacute or chronic toxicity data, for example, such as reproductive or developmental data. The level of quality and quantity of the experimental data available, as well as structure activity relationships, may be used to determine the factor selected.
(vii) When deriving a UF in developing a Tier I criterion or Tier II value, the total uncertainty, as calculated following the procedures in items (i) through (vi) shall must not exceed ten thousand (10,000) for Tier I criteria and thirty thousand (30,000) for Tier II values.
(E) All study results shall must be converted, as necessary, to the standard unit for acceptable daily exposure of milligrams of toxicant per kilogram of body weight per day (mg/kg/day). Doses shall must be adjusted for continuous exposure, that is, seven (7) days per week, twenty-four (24) hours per day.
(F) The acceptable daily exposure (ADE) shall RfD must be calculated using the following equation:
| NOAEL (or LOAEL) | ||
| UF |
| Where: | ||
| NOAEL (or LOAEL) = | The no observed adverse effect level or lowest observed adverse effect level as determined in accordance with clause (C). | |
| UF = | The product of the uncertainty factors as determined in accordance with clause (D). |
(3) The following procedures shall must be used to derive criteria and values:
(A) The following represent This subdivision lists the standard exposure assumptions used to calculate Tier I criteria and Tier II values for carcinogens and noncarcinogens. Different levels of exposure may be used where appropriate in deriving site-specific criteria pursuant to section 16 of this rule. The standard exposure assumptions are as follows:
| (i) | BW = | Body weight of an average human (BW = 70 kilograms). | |
| (ii) | WCd = | Per capita water consumption, both drinking and incidental exposure, for surface waters classified as public water supplies = two (2) liters per day. |
|
| (iii) | WCr = | Per capita incidental daily water ingestion for surface waters not used as human drinking water sources = 0.01 liters per day. | |
| (iv) | FC = | Per capita daily consumption of regionally caught freshwater fish = 0.015 kg/day (0.0036 kilograms per day for trophic level three (3) and 0.0114 kilograms per day for trophic level four (4)). | |
| (v) | BAF = | Bioaccumulation factor for trophic level three (3) and trophic level four (4) as derived using the BAF methodology in section 13 of this rule. |
(B) The Tier I human cancer criteria or Tier II values shall must be calculated as follows:
| Where: | HCV = | Human cancer value in milligrams per liter (mg/L). |
| RAD = | Risk associated dose in milligrams toxicant per kilogram body weight per day (mg/kg/day) that is associated with a lifetime incremental cancer risk equal to one (1) in one hundred thousand (100,000). | |
| BW = | Weight of an average human (BW = 70 kilograms). | |
| WCd = | Per capita water consumption, both drinking and incidental exposure, for surface waters classified as public water supplies = two (2) liters per day. |
|
| WCr = | Per capita incidental daily water ingestion for surface waters not used as human drinking water sources = 0.01 liters per day. | |
| FCTL3 = | Mean consumption of trophic level three (3) of regionally caught freshwater fish = 0.0036 kilograms per day. | |
| FCTL4 = | Mean consumption of trophic level four (4) of regionally caught freshwater fish = 0.0114 kilograms per day. | |
 = | Bioaccumulation factor for trophic level three (3) fish as derived using the BAF methodology in section 13 of this rule. | |
 = | Bioaccumulation factor for trophic level four (4) fish as derived using the BAF methodology in section 13 of this rule. |
(C) The Tier I human noncancer criteria or Tier II values shall must be calculated as follows:
| Where: | HNV = | Human noncancer value in milligrams per liter (mg/L). |
| RSC = | Relative source contribution factor of eight-tenths (0.8). An RSC derived from actual exposure data may be developed using the methodology outlined by the 1980 National Guidelines (see 45 FR 79354). | |
| BW = | Weight of an average human (BW = 70 kilograms). | |
| WCd = | Per capita water consumption, both drinking and incidental exposure, for surface waters classified as public water supplies = two (2) liters per day. |
|
| WCr = | Per capita incidental daily water ingestion for surface waters not used as human drinking water sources = 0.01 liters/day. | |
| FCTL3 = | Mean consumption of trophic level three (3) fish by regional sport fishers of regionally caught freshwater fish = 0.0036 kilograms per day. | |
| FCTL4 = | Mean consumption of trophic level four (4) fish by regional sport fishers of regionally caught freshwater fish = 0.0114 kilograms per day. | |
| = | Human health bioaccumulation factor for edible portion of trophic level three (3) fish as derived using the BAF methodology in section 13 of this rule. | |
| = | Human health bioaccumulation factor for edible portion of trophic level four (4) fish as derived using the BAF methodology in section 13 of this rule. |
*This database may be accessed from the U.S. Environmental Protection Agency, IRIS Hotline c/o EPA Docket Center (EPA West, Mail Code 28221T), 1301 Constitution Avenue N.W., Washington, D.C. 20005, or www.epa.gov/iris.
**These documents are incorporated by reference. Copies may be obtained from the U.S. Environmental Protection Agency, Office of Water Resource Center (EPA West, Room 1119), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 9. 327 IAC 2-1.5-15 IS AMENDED TO READ AS FOLLOWS:
327 IAC 2-1.5-15 Determination of wildlife criteria
Authority: Affected: IC 13-18-4
Sec. 15. (a) This section establishes a procedure that is required when developing Tier I wildlife criteria for bioaccumulative chemicals of concern BCCs as follows:
(1) This method may be used for the development of Tier I criteria or Tier II values for pollutants other than BCCs for which the commissioner determines:
(A) Tier I criteria or Tier II values are necessary for the protection of wildlife in the Great Lakes basin; and
(B) that this method is applicable to the pollutant.
(2) In the event that this procedure is used to develop criteria for pollutants other than BCCs, the procedure for deriving bioaccumulation factors under section 13 of this rule must be used. For chemicals that do not biomagnify to the extent of BCCs, it may be appropriate to select different representative species that are better examples of species with the highest exposures for the given chemical. In addition, section 16 of this rule describes the procedures for calculating site-specific wildlife criteria.
(b) The following procedures shall must be used to calculate wildlife values for Tier I criteria:
(1) Tier I wildlife values are to be calculated using the following equation:
| Where: | WV = | Wildlife value in milligrams of substance per liter (mg/L). |
| TD = | Test dose (TD) in milligrams of substance per kilograms per day |
|
| UFA = | Uncertainty factor (UF) for extrapolating toxicity data across species (unitless). A species-specific UF |
|
| UFS = | UF for extrapolating from subchronic to chronic exposures (unitless). | |
| UFL = | UF for LOAEL to NOAEL extrapolations (unitless). | |
| Wt = | Average weight in kilograms (kg) for the representative species. | |
| W = | Average daily volume of water consumed in liters per day (l/d) by the representative species. | |
| FTLi = | Average daily amount of food consumed from trophic level i in kilograms per day (kg/d) by the representative species. | |
 = | Bioaccumulation factor (BAF) for wildlife food in trophic level i in liters per kilogram (l/kg), developed using the BAF methodology in section 13 of this rule. For consumption of piscivorous birds by other birds, for example, herring gull by eagles, the BAF is derived by multiplying the trophic level three (3) BAF for fish by a biomagnification factor to account for the biomagnification from fish to the consumed birds. |
(2) For bioaccumulative chemicals, piscivorous species are identified as the focus of concern for wildlife criteria development in the Great Lakes. This methodology identifies three (3) avian species (eagle, kingfisher, and herring gull) and two (2) mammalian species (mink and otter) as representative species for protection. The TD obtained from toxicity data for each taxonomic class is used to calculate WVs for each of the five (5) representative species.
(3) The avian WV is the geometric mean of the WVs calculated for the three (3) representative avian species. The mammalian WV is the geometric mean of the WVs calculated for the two (2) representative mammalian species. The lower of the mammalian and avian WVs must be selected as the Great Lakes wildlife criteria GLWC.
(c) The following procedures shall must be used to obtain the parameters of the effect component of the wildlife criteria procedure:
(1) A test dose (TD) value is required for criterion calculation. To derive a Tier I criterion for wildlife, the data set shall must provide enough data to generate a subchronic or chronic dose response curve for any given substance for both mammalian and avian species as follows:
(A) In reviewing the toxicity data available that meet the minimum data requirements for each taxonomic class, the following order of preference shall must be applied to select the appropriate TD to be used for calculation of individual WVs:
(i) Data from peer-reviewed field studies of wildlife species take precedence over other types of studies, where such the studies are of adequate quality. An acceptable field study must be of subchronic or chronic duration, provide a defensible, chemical specific dose response curve in which cause and effect are clearly established, and assess acceptable endpoints as defined in this rule.
(ii) When acceptable wildlife field studies are not available, or determined to be of inadequate quality, the needed toxicity information may come from peer reviewed laboratory studies. When laboratory studies are used, preference shall must be given to laboratory studies with wildlife species over traditional laboratory animals to reduce uncertainties in making interspecies extrapolations.
(B) All available laboratory data and field studies shall must be reviewed to corroborate the final GLWC, to assess the reasonableness of the toxicity value used, and to assess the appropriateness of any UFs that are applied. When evaluating the studies from which a test dose is derived in general, the following requirements must be met:
(i) The mammalian data must come from at least one (1) well-conducted study of ninety (90) days or greater designed to observe subchronic or chronic effects as defined in this rule.
(ii) The avian data must come from at least one well-conducted study of twenty-eight (28) days or greater designed to observe subchronic or chronic effects as defined in this rule.
(iii) In reviewing the studies from which a TD is derived for use in calculating a WV, studies involving exposure routes other than oral may be considered only when an equivalent oral daily dose can be estimated and technically justified because the criteria calculations are based on an oral route of exposure.
(iv) In assessing the studies that meet the minimum data requirements, preference should be given to studies that assess effects on developmental or reproductive endpoints because, in general, these are more important endpoints in ensuring that a population's productivity is maintained.
(2) In selecting data to be used in the derivation of WVs, the evaluation of acceptable endpoints, as defined in this rule, will be the primary selection criterion. All data not part of the selected subset may be used to assess the reasonableness of the toxicity value and the appropriateness of the UFs that are applied as follows:
(A) If more than one (1) TD value is available within a taxonomic class, based on different endpoints of toxicity, that TD, which is likely to reflect best potential impacts to wildlife populations through resultant changes in mortality or fecundity rates, shall must be used for the calculation of WVs.
(B) If more than one (1) TD is available within a taxonomic class, based on the same endpoint of toxicity, the TD from the most sensitive species shall must be used.
(C) If more than one (1) TD based on the same endpoint of toxicity is available for a given species, the TD for that species shall must be calculated using the geometric mean of those TDs.
(3) The following exposure assumptions are made in the determination of the TD:
(A) In those cases in which a TD is available in units other than milligrams of substance per kilograms per day (mg/kg/d), clauses (B) and (C) shall must be used to convert the TD to the appropriate units prior to calculating a WV.
(B) If the TD is given in milligrams of toxicant per liter of water consumed by the test animals (mg/L), the TD shall must be multiplied by the daily average volume of water consumed by the test animals in liters per day (L/d) and divided by the average weight of the test animals in kilograms (kg).
(C) If the TD is given in milligrams of toxicant per kilogram of food consumed by the test animals (mg/kg), the TD shall must be multiplied by the average amount of food in kilograms consumed daily by the test animals (kg/d) and divided by the average weight of the test animals in kilograms (kg).
(4) Drinking and feeding rates shall must be determined as follows:
(A) When drinking and feeding rates and body weight are needed to express the TD in milligrams of substance per kilograms per day (mg/kg/d), they are obtained from the study from which the TD was derived. If not already determined, body weight and drinking and feeding rates are to be converted to a wet weight basis.
(B) If the study does not provide the needed values, the values shall must be determined from appropriate scientific literature. When scientific literature does not contain exposure information for the species used in a given study, either the allometric equations which are presented in clauses (C) and (D), or the exposure estimation methods presented in Chapter 4 of the Wildlife Exposure Factors Handbook (U.S. EPA, EPA/600/R-93/187a and b, December 1993)*, shall must be applied to approximate the needed feeding or drinking rates. The choice of the methods described in this clause is at the discretion of the commissioner.
(C) For mammalian species, the general allometric equations are:
(i) F = (0.0687)(Wt)0.82
| Where: | F = | Feeding rate of mammalian species in kilograms per day (kg/d) dry weight. |
| Wt = | Average weight in kilograms (kg) of the test animals. |
(ii) W = (0.099)(Wt)0.90
| Where: | W = | Drinking rate of mammalian species in liters per day (L/d). |
| Wt = | Average weight in kilograms (kg) of the test animals. |
(D) For avian species, the general allometric equations are:
(i) F = (0.0582)(Wt)0.65
| Where: | F = | Feeding rate of avian species in kilograms per day (kg/d) dry weight. |
| Wt = | Average weight in kilograms (kg) of the test animals. |
(ii) W = (0.059)(Wt)0.67
| Where: | W = | Drinking rate of avian species in liters per day (L/d). |
| Wt = | Average weight in kilograms (kg) of the test animals. |
(5) In those cases in which a NOAEL is unavailable as the TD and a LOAEL is available, the LOAEL may be used to estimate the NOAEL. If used, the LOAEL shall must be divided by an the UF to estimate a NOAEL for use in deriving WVs. The value of the UF shall must not be less than one (1) and should not exceed ten (10), depending on the dose-response curve and any other available data, and is represented by UFL in the equation expressed in subsection (b)(1).
(6) In instances where only subchronic data are available, the TD may be derived from subchronic data. In such these cases, the TD shall must be divided by an the UF to extrapolate from subchronic to chronic levels. The value of the UF shall must not be less than one (1) and should not exceed ten (10), and is represented by UFS in the equation expressed in subsection (b)(1). This factor is to be used when assessing highly bioaccumulative substances where toxicokinetic considerations suggest that a bioassay of limited length underestimates chronic effects.
(7) The following procedure shall must be used to determine an uncertainty factor for interspecies extrapolations (UFA):
(A) The selection of the UFA shall must be based on the available toxicological data and on available data concerning the physicochemical, toxicokinetic, and toxicodynamic properties of the substance in question and the amount and quality of available data. This value is an the UF that is intended to account for differences in toxicological sensitivity among species.
(B) For the derivation of Tier I criteria, a UFA shall must not be less than one (1) and should not exceed one hundred (100), and shall must be applied to each of the five (5) representative species, based on existing data and best professional judgement. The value of UFA may differ for each of the representative species.
(C) For Tier I wildlife criteria, the UFA shall must be used only for extrapolating toxicity data across species within a taxonomic class, except as provided in this clause. The Tier I UFA is not intended for interclass extrapolations because of the poorly defined comparative toxicokinetic and toxicodynamic parameters between mammals and birds. However, an interclass extrapolation employing a UFA may be used for a given chemical if it can be supported by a validated biologically-based dose response model or by an analysis of interclass toxicological data, considering acceptable endpoints, for a chemical analog that acts under the same mode of toxic action.
(d) The following procedures shall must be used to determine the parameters of the exposure component of the wildlife criteria procedure:
(1) The body weights (Wt), feeding rates (FTli), drinking rates (W), and trophic level dietary composition, as food ingestion rate and percent in diet, for each of the five (5) representative species are presented in Table 15-1 in subsection (e).
(2) The procedure for the determination of bioaccumulation factors is contained under section 13 of this rule. Trophic levels three (3) and four (4) BAFs are used to derive WVs because these are the trophic levels at which the representative species feed.
(e) The following exposure parameters for the five (5) representative species identified for protection shall must be used:
| Table 15-1 | ||||
| Exposure Parameters for the Five Representative Species Identified for Protection | ||||
| Species | Adult Body Weight (kg) | Water Ingestion Rate (L/day) | Food Ingestion Rate of Prey in Each Trophic Level (kg/day) | Trophic Level of Prey (Percent of Diet) |
| Mink | 0.80 | 0.081 | TL3: 0.159 | TL3: 90% |
| Other: 0.0177 | Other: 10% | |||
| Otter | 7.4 | 0.600 | TL3: 0.977 | TL3: 80% |
| TL4: 0.244 | TL4: 20% | |||
| Kingfisher | 0.15 | 0.017 | TL3: 0.0672 | TL3: 100% |
| Herring gull | 1.1 | 0.063 | TL3: 0.192 | Fish: 90% |
| TL4: 0.0480 | TL3: 80% | |||
| Other: 0.0267 | TL4: 20% | |||
| Other: 10% | ||||
| Bald eagle | 4.6 | 0.160 | TL3: 0.371 | Fish: 92% |
| TL4: 0.0929 | TL3: 80% | |||
| PB: 0.0283 | TL4: 20% | |||
| Other: 0.0121 | Birds: 8% | |||
| PB: 70% | ||||
| nonaquatic: 30% | ||||
| TL3 = | trophic level three fish | |||
| TL4 = | trophic level four fish | |||
| PB = | piscivorous birds | |||
| Other = | nonaquatic birds and mammals | |||
*This document is incorporated by reference. Copies are available from the U.S. Environmental Protection Agency, Office of Water Resource Center, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 10. 327 IAC 2-3-1 IS AMENDED TO READ AS FOLLOWS:
327 IAC 2-3-1 Coal mines; acid mine drainage prohibitions
Authority: Affected: IC 13-18-4
Sec. 1. (a) Every person, firm, corporation or other legal entity who owns an active or abandoned coal mine or who is engaged in the storage, transportation, use, mining or processing of coal in the state of Indiana, shall dispose of refuse, including gob and coal fines, from processing coal, so as to create minimal acid mine drainage and deposits of coal fines in waters of this state. No
(b) Gob shall must not be used in the construction of public or private roadways in the state of Indiana, which will cause acid mine drainage to the waters of this state under the jurisdiction of the water pollution control board.
(Water Pollution Control Division;
SECTION 11. 327 IAC 2-4-3 IS AMENDED TO READ AS FOLLOWS:
327 IAC 2-4-3 Sampling frequency; methods of analysis
Authority: Affected: IC 13-18-4
Sec. 3. Sampling, measurements of flow, and characteristics of the effluent shall must be performed at a frequency prescribed by the commissioner. All analytical work shall must be in accordance with 40 CFR 136* or other methods approved by the commissioner.
*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 12. 327 IAC 2-10-3 IS AMENDED TO READ AS FOLLOWS:
327 IAC 2-10-3 Exclusions
Authority: Sec. 3. (a) The requirements of this rule do not apply to the following:
(1) An aboveground storage tank, storage areas, or transfer areas for agricultural chemicals regulated by the office of the Indiana state chemist under 355 IAC 2 and 355 IAC 5 .
(2) An aboveground storage tank, storage areas, or transfer areas regulated by the Indiana fire prevention and building safety commission pursuant to 675 IAC 22 .
(3) An aboveground storage tank or storage areas containing liquids which are solids or gases above sixty (60) degrees Fahrenheit and at atmospheric pressure.
(4) An aboveground storage system or petroleum facility and other structures, equipment, and appurtenances thereto, used or capable of being used to store or transfer oil as defined in and regulated by 40 CFR 112* or petroleum as defined in IC 13-11-2-160 .
(5) Underground storage tanks as defined in IC 13-11-2-241 .
(6) Hazardous materials that are stored or transferred as products packaged for distribution to, and used by, the public.
(7) Aboveground storage tanks, storage areas, and transfer areas containing hazardous waste regulated under 329 IAC 3.1 and 42 U.S.C. 6991 through 6991(i)*. as amended.
(8) Machinery and equipment containing integral operating fluids, provided that these fluids are necessary for the proper operation of the equipment.
(9) Process tanks.
(10) Piping, with the exception of any segment of piping extending from an aboveground storage tank to the point of the first fitting.
(11) Aboveground storage tanks used to store materials other than oils or petroleum products that:
(A) have a capacity of not more than six hundred sixty (660) gallons and are not in a delineated wellhead protection area as approved by the department under 327 IAC 8-4.1 ; or
(B) are less than two hundred seventy-five (275) gallons if at a facility that has been notified in writing by a water utility that it is located in a delineated public water supply wellhead protection area as approved by the department under 327 IAC 8-4.1 .
(12) Storage area areas in which the drums and portable containers are considered empty of liquid hazardous materials if the standards set forth in 40 CFR 261.7* are met.
(b) Aboveground storage tanks, storage areas, and transfer areas constructed on or before the effective date of this rule are not subject to the requirements of sections 5 through 7 of this rule, except as provided in section 2 of this rule.
SECTION 13. 327 IAC 2-11-3 IS AMENDED TO READ AS FOLLOWS:
327 IAC 2-11-3 Definitions
Authority: Sec. 3. The following definitions apply throughout this rule:
(1) "Agency" means one (1) or more of the following:
(A) The department of environmental management.
(B) The department of natural resources.
(C) The Indiana state department of health.
(D) The state chemist of the state of Indiana.
(E) The office of the state fire marshal.
(2) "Commissioner" means the commissioner of the department of environmental management.
(3) "Contaminant" means any solid, semisolid, liquid, or gaseous matter, or any odor, radioactive material, pollutant as defined by the federal Water Pollution Control Act (33 U.S.C. 1362(6))*, as amended on December 16, 1996)*, hazardous waste as defined in the federal Solid Waste Disposal Act (42 U.S.C. 6903(5))*, as amended on March 26, 1996)**, any constituent of a hazardous waste, or any combination of the items described in this subdivision, from whatever source, that:
(A) is injurious to human health, plant or animal life, or property;
(B) interferes unreasonably with the enjoyment of life or property; or
(C) otherwise violates:
(i) environmental management laws; or
(ii) rules adopted under environmental management laws.
(4) "Criterion" means a numeric value or a narrative statement established to maintain and protect the quality of ground water.
(5) "Drinking water well" means a bored, drilled, or driven shaft or a dug hole that meets the following:
(A) Supplies ground water for human consumption.
(B) Has a depth greater than its largest surface dimension.
(C) Is not permanently abandoned in accordance with 310 IAC 16-10-2 .312 IAC 13-10-2 .
(6) "Environmental management laws" has the meaning set forth in IC 13-11-2-71 .
(7) "Ground water" means water located below the ground surface in interconnected voids and pore spaces in the zone of saturation.
(8) "Ground water management zone" means a three (3) dimensional region of ground water around a potential or existing contaminant source, where a contaminant is or was managed to prevent or mitigate deterioration of ground water quality such so that the criteria established in this rule are met at and beyond the boundary of the region.
(9) "Naturally occurring concentration" means a constituent concentration in ground water that is not attributable to human activity.
(10) "Preventative action level" means a measured concentration of a chemical constituent that is:
(A) established on a site-specific or program-specific basis;
(B) used to evaluate sample analysis data from ground water monitoring systems;
(C) statistically measurable using standard laboratory analyses; and
(D) used to determine if further action is necessary to ensure the standards established in this rule are not violated.
(11) "Property boundary" means the edge of a contiguous parcel of land owned or leased by a common owner or lessee. Contiguous land shall include includes land separated by a public right-of-way, if that land would otherwise be contiguous.
(12) "Standards", when used without qualification, means:
(A) the numeric and narrative criteria;
(B) the classification plan; and
(C) the method of determining where the criteria must apply;
established by this rule.
(13) "Surface water quality standards" means the water quality standards established in 327 IAC 2-1 and 327 IAC 2-1.5 .
SECTION 14. 327 IAC 3-2.1-3 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-2.1-3 Permitting authority and responsibilities
Authority: Sec. 3. (a) The plans for a sanitary sewer extension are not required to be submitted to any state agency for a permit, permission, or review, unless required by federal law, if the following are met:
(1) A person submits plans to a unit concerning the design or construction of a sanitary sewer.
(2) A professional engineer prepared the plans.
(3) The unit provided a review of the plans by a qualified engineer and subsequently approved the plans.
(4) All other requirements specified in this rule and all other rules adopted by the water pollution control board are met.
(b) The proposed construction of a sanitary sewer must be in accordance with the Clean Water Act.
(c) The other requirements specified in rules that have been adopted by the water pollution control board and must be adhered to in the permitting of a sanitary sewer include, but are not limited to, the following:
(1) 327 IAC 1 .
(2) 327 IAC 2 .
(3) 327 IAC 4 .
(4) 327 IAC 3-6 .
(d) Units shall notify the commissioner that a sanitary sewer construction permit application has been received by submitting to the department, on the date received, the following information:
(1) Project name.
(2) Identification of the professional engineer and engineering firm, if applicable, who designed the project, plans, and specifications.
(3) The county of the construction project.
(4) The location of the construction project in terms of the following:
(A) Nearest public intersection.
(B) Quarter section, section, township, and range of the approximate center of the construction project.
(C) If the information requested by clause (B) is not available, the latitude and longitude of the approximate center of the construction project to the nearest fifteen (15) seconds.
(e) Units shall notify the commissioner of all sanitary sewer construction permits that the unit has issued by submitting to the department, on the effective date of the permit, a copy of each issued permit. Each submission shall must contain the following information for each issued permit:
(1) Project name with project number and approval number, if different from the project number.
(2) Identification of the professional engineer and engineering firm, if applicable, who designed the project, plans, and specifications.
(3) The county of the construction project.
(4) The location of the construction project in terms of the following:
(A) Nearest public intersection.
(B) Quarter section, section, township, and range of the approximate center of the construction project.
(C) If the information requested by clause (B) is not available, the latitude and longitude of the approximate center of the construction project to the nearest fifteen (15) seconds.
(5) Date of issuance and effective date of the permit.
(6) Average flows in gallons per day allotted to the sanitary sewer project and determined using the values for flow allotment per connection type according to Bulletin SE 13, 1988, "On-Site Water Supply and Wastewater Disposal for Public and Commercial Establishments"*.
(7) Project description giving length and type of sewer.
(8) The number and type of sewer connections requested.
(9) Description of any lift stations included in the project.
(10) A project site map.
*This document is incorporated by reference. Copies of this document may be obtained from the Indiana State Board of Health, 1330 West Michigan Street, P.O. Box 1964, Indianapolis, IN 46206, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 15. 327 IAC 3-6-8 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-8 Sanitary sewer materials
Authority: Sec. 8. (a) All piping, accessories, and other materials in a sanitary sewer shall must conform to the following applicable standards:
(1) For ductile-iron and fittings, the following standards apply:
(A) American National Standard C104/A21.4-95* for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water.
(B) American National Standard C105/A21.5-93* for Polyethylene Encasement for Ductile-Iron Pipe Systems.
(C) American National Standard C110/A21.10-93* for Ductile-Iron and Gray-Iron Fittings, 3 In. through 48 In. (75 mm through 1,200 mm), for Water and Other Liquids.
(D) American National Standard C111/A21.50-90* for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings.
(E) American National Standard C115/A21.15-94* for Flanged Ductile-Iron Pipe or Gray-Iron Threaded Flanges.
(F) American National Standard C150/A21.50-91* for the Thickness Design of Ductile-Iron Pipe.
(G) American National Standard C151/A21.51-91* for Ductile-Iron Pipe, Centrifugally Cast, for Water or Other Liquids.
(H) American National Standard C153/A-21.53-94* for Ductile-Iron Compact Fittings, 3 In. through 24 In. (76 mm through 610 mm) and 54 In. through 64 In. (1,400 mm through 1,600 mm), for Water Service.
(2) For clay pipe used in gravity sewers, the Vitrified Clay Pipe (VCP) Standard Specification for Vitrified Clay Pipe, Extra Strength, Standard Strength, and Perforated, ASTM C700-96** shall apply. applies.
(3) For concrete pipe used in gravity sewers, the following standards apply:
(A) Concrete Pipe (CP), ASTM C14-95**, Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe.
(B) Reinforced Concrete Pipe (RCP), ASTM C76-95a**, Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe.
(4) For asbestos-cement pipe, the following standards apply:
(A) AWWA C400-93*** Standard for Asbestos-Cement Pressure Pipe, 4 In. through 16 In. (100 mm through 400 mm), for Water Distribution Systems.
(B) AWWA C401-93*** Standard for the Selection of Asbestos-Cement Pressure Pipe, 4 In. through 16 In. (100 mm through 400 mm), for Water Distribution Systems.
(C) AWWA C402-89*** Standard for Asbestos-Cement Transmission Pipe, 18 In. through 42 In. (450 mm through 1,050 mm), for Potable Water and Other Liquids.
(D) AWWA C403-89*** Standard for the Selection of Asbestos-Cement Transmission and Feeder Main Pipe, Sizes 18 In. through 42 In. (450 mm through 1,050 mm).
(5) For plastic pipe used in gravity sewers, the following standards apply:
(A) ASTM D1785-96b**, Standard Specification for Poly Vinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80, and 120.
(B) ASTM D2680-95a**, Standard Specification for Acrylonitrile-Butadiene-Styrene (ABS) and Poly Vinyl Chloride (PVC) Composite Sewer Piping.
(C) ASTM D3034-97**, Standard Specification for Type PSM Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings.
(D) ASTM F679-95**, Standard Specification for Poly Vinyl Chloride (PVC) Large-Diameter Plastic Gravity Sewer Pipe and Fittings.
(E) ASTM F794-97**, Standard Specification for Poly Vinyl Chloride (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter.
(F) ASTM F894-95**, Standard Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe.
(G) ASTM F949-96a**, Standard Specification for Poly Vinyl Chloride (PVC) Corrugated Sewer Pipe with a Smooth Interior and Fittings.
(H) AWWA C900-89***, Standard for Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. through 12 In. for Water Distribution (includes addendum C900a-92).
(I) AWWA C905-88***, Standard for Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. through 36 In.
(6) For plastic pipe used in force mains, the following standards apply:
(A) ASTM D2241-96b**, Standard Specification for Poly Vinyl Chloride (PVC) Pressure-Rated Pipe, (SDR21, greater than 4 inch diameter).
(B) ASTM D2241-96b**, Standard Specification for Poly Vinyl Chloride (PVC) Pressure-Rated Pipe, (SDR26, less than 4 inch diameter).
(C) ASTM F714-97**, Standard Specification for Polyethylene (PE) Plastic Pipe (SDR 21) Based on Outside Diameter.
(D) AWWA C900-89***, Standard for Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. through 12 In. for Water Distribution (includes addendum C900a-92).
(E) AWWA C905-88***, Standard for Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. through 36 In.
(b) Piping and accessories previously used exclusively for sanitary sewers or water mains may be reused if:
(1) the piping or accessories comply with the requirements of subsection (a); and
(2) the piping or accessories have been restored to their original condition.
(c) All connections between pipes shall must have mechanical joints or slip-on joints with rubber gaskets with the exception of polyethylene (PE) pipes that may be thermojointed by a person who is a manufacturer's certified thermojointer.
(d) Sanitary sewers constructed with polyvinyl chloride (PVC) and installed under existing or proposed roadways and railroads shall must be cased in conformance with AWWA Standard C900-89***, Standard for Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. through 12 In. for Water Distribution, Appendix A, or AWWA Standard C905-88***, Standard for Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. through 36 In., Appendix A.
(e) Sanitary sewers that are cased shall must conform to AWWA Standard C600-93***, Section 6, Standard for Installation of Ductile-Iron Water Mains and Their Appurtenances.
(f) Force mains shall must be identified as such when using water main materials.
(g) The minimum diameter of sanitary sewers shall must be sized so that the peak daily flow, in accordance with section 11 of this rule, that will be collected from the proposed collection system that is the subject of the application, plans, and specifications:
(1) will not cause overflowing or bypassing in the same subject proposed collection system from locations other than NPDES authorized discharge points; and
(2) will be in accordance with the following:
(A) Gravity sewers shall must not be less than eight (8) inches in diameter.
(B) Force mains shall must not be less than four (4) inches in diameter.
*These documents are incorporated by reference. Copies may be obtained from ANSI Headquarters, 1899 L Street, NW, 11th Floor, Washington, D.C. 20036, www.ansi.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
**These documents are incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
***These documents are incorporated by reference. Copies may be obtained from American Water Works Association, 6666 W. Quincy Ave., Denver, CO 80235, www.awwa.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 16. 327 IAC 3-6-9 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-9 Separation of collection systems from water mains and drinking water wells
Authority: Sec. 9. (a) Sanitary sewers shall must not be located within ten (10) feet of any existing or proposed water mains, when measured horizontally from the outside edge of the sanitary sewer to the outside edge of any existing and proposed water mains, unless the sanitary sewers and the water main comply with the following:
(1) The sanitary sewer and water main must cross with the sanitary sewer and water main separated by a minimum of eighteen (18) inches measured vertically from the outside edge of the sanitary sewer to the outside edge of the water main.
(2) The crossing specified in subdivision (1) must be at a minimum angle of forty-five (45) degrees measured from the center lines of the sanitary sewer and water main.
(3) The conditions specified in subdivisions (1) and (2) must be maintained for a minimum distance of ten (10) feet from either side of the sanitary sewer as measured from the outside edge of the sanitary sewer to the outside edge of the water main.
(b) A shorter separation distance than that specified in subsection (a) is allowed if the following is conducted within the separation distances specified in subsection (a):
(1) The sanitary sewers meet all water main pressure testing requirements as described in 327 IAC 8-3.2-17 (a).
(2) The sanitary sewer shall must be constructed of materials in conformance with one (1) of the following:
(A) 327 IAC 8-3.2-8 .
(B) Section 8(a)(1) of this rule.
(C) ASTM D2241-96b*, Standard Specification for Poly Vinyl Chloride (PVC) Pressure-Rated Pipe, and having a SDR (standard dimension ratio) of 21.
(3) The sanitary sewers and water mains are not in contact.
(4) Any sanitary sewer joints are a compression type joint that are placed equidistantly from the water main.
(5) The sanitary sewer and water main are laid on separate trench shelves.
(c) No sanitary sewer manhole shall must be within eight (8) feet of a water main as measured from the outside edge of the sanitary sewer manhole to the outside edge of the water main.
(d) Sanitary sewers shall must not be within the isolation area of a public water system drinking water well unless in accordance with the following:
(1) The sanitary sewers meet all water main pressure testing requirements as described in 327 IAC 8-3.2-17 (a).
(2) The sanitary sewer shall must be constructed of materials in conformance with one (1) of the following:
(A) 327 IAC 8-3.2-8 .
(B) Section 8(a)(1) of this rule.
(C) ASTM D2241-96b*, Standard Specification for Poly Vinyl Chloride (PVC) Pressure-Rated Pipe, and having a SDR ratio of 21.
(3) The sanitary sewers are no closer than fifty (50) feet from the public water system drinking water well as measured from the outside edge of the sanitary sewer to the outside edge of the well casing.
(e) Sanitary lift stations shall must not be located within ten (10) feet measured horizontally from the outside edge of the lift station to the outside edge of any existing and proposed water mains.
(f) The following shall must not be located within the isolation area of a public water system drinking water well:
(1) Sanitary lift stations.
(2) Sanitary sewer manholes.
*This document is incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 17. 327 IAC 3-6-10 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-10 Collection systems near surface waterbodies
Authority: Sec. 10. (a) Sanitary sewers and lift stations shall must be separated from existing or proposed water bodies waterbodies by ten (10) feet horizontally measured from the outside edge of the sanitary sewer to the edge of the water line at normal pool elevation.
(b) Sanitary sewers located above surface water bodies shall waterbodies must be in accordance with the following:
(1) Supported and anchored at each joint.
(2) Protected from damage and freezing with any of the following:
(A) Insulation.
(B) Increased slope.
(3) Accessible for repair or replacement.
(c) Sanitary sewers located under surface water bodies shall waterbodies must be constructed with ductile iron pipe or constructed of PVC having a SDR ratio of 21 and in conformance with ASTM D2241-96b*, Standard Specification for Poly Vinyl Chloride (PVC) Pressure-Rated Pipe, with mechanical joints rated to two hundred (200) pounds per square inch and backfilled with a stone, gravel, or coarse aggregate and covered in accordance with the following:
(1) Below the channel pavement if the channel is paved.
(2) Twelve (12) inches of cover shall must be provided where the sewer is located in rock.
(3) Thirty-six (36) inches of cover shall must be provided in all other areas.
(d) Sanitary sewers, other than inverted siphons in conformance with section 17 of this rule, that cross streams or rivers shall must be in accordance with the following:
(1) Cross perpendicular to the stream flow.
(2) Have no change in grade.
(e) Sanitary lift stations shall must be capable of remaining fully operational and accessible during a twenty-five (25) year flood.
(f) Sanitary lift stations, structures, and electrical and mechanical equipment shall must be protected from physical damage potentially caused by a one hundred (100) year flood.
*This document is incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 18. 327 IAC 3-6-13 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-13 Force main requirements
Authority: Sec. 13. In addition to the force main requirements specified throughout this rule, the following apply:
(1) Force mains shall must be sized to provide a cleansing velocity of at least two (2) feet per second throughout the length of the sewer at the design pumping rate.
(2) Force main pipe and joint materials shall must be equivalent to water main strength at design conditions.
(3) Air relief valves or other air relief devices shall must be installed at every intermediate apex point where air may accumulate in the force main.
(4) Each air relief valve that exhausts above ground must be equipped with an exhaust pipe extending to a downward facing elbow covered with a corrosion-resistant, twenty-four (24) mesh screened opening at an elevation of eighteen (18) inches above ground level.
(5) Air relief valves shall must be selected in accordance with the following:
(A) Automatic air relief valves shall must not be used in areas:
(i) within the one hundred (100) year flood plain; or
(ii) where flooding may occur, such as in:
(AA) a pit;
(BB) a chamber; or
(CC) a manhole;
unless the automatic air relief valve is equipped with a downward facing exhaust pipe covered with a corrosion-resistant, twenty-four (24) mesh screened opening at an elevation of eighteen (18) inches above the ground surface and above the one hundred (100) year flood elevation.
(B) Manually operated air relief valves shall must be used in areas:
(i) within the one hundred (100) year flood plain; and
(ii) where flooding may occur, such as in:
(AA) a pit;
(BB) a chamber; or
(CC) a manhole.
(6) The following reaction devices installed to prevent movement in pipes and fittings, of any material type, shall must be designed in conformance with Section 3.8 of AWWA Standard C600-93*, AWWA Standard for Installation of Ductile-Iron Water Mains and Their Appurtenances:
(A) Blocking.
(B) Tie rods.
(C) Joints.
*This document is incorporated by reference. Copies may be obtained from American Water Works Association, 6666 W. Quincy Ave., Denver, CO 80235, www.awwa.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 19. 327 IAC 3-6-16 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-16 Manholes
Authority: Sec. 16. (a) Manholes shall must:
(1) be constructed of:
(1) (A) precast concrete that has lift holes; or
(2) (B) poured-in-place concrete; and shall
(2) have grade adjustment rings sealed with nonshrinking mortar in conformance with ASTM C478-96*, Standard Specification for Precast Reinforced Concrete Manhole Sections.
(b) Inlet or outlet pipes shall must be joined to the manhole with a gasketed, flexible, and watertight connection.
(c) Manholes shall must have a minimum diameter of forty-eight (48) inches and a minimum access diameter of twenty-two (22) inches.
(d) Watertight manhole covers shall must be used in any area where the manhole tops are:
(1) subject to flooding by street run-off or high water;
(2) in a floodway; or
(3) in a floodplain.
(e) Manholes shall must be located as follows:
(1) At all end points of sanitary sewers.
(2) Wherever changes occur in grade, size, or alignment of the sanitary sewer.
(3) At all intersections of sanitary sewers.
(4) With separation distances between any two (2) manholes not to be greater than the following:
(A) Four hundred (400) feet for sanitary sewers less than fifteen (15) inches in diameter.
(B) Five hundred (500) feet for sanitary sewers equal to or greater than fifteen (15) inches and less than thirty (30) inches in diameter.
(C) Six hundred (600) feet for sanitary sewers equal to or greater than thirty (30) inches in diameter.
(f) All upstream sanitary sewers less than twenty-four (24) inches from the manhole invert shall must be filleted to prevent solids deposition. Drop pipes shall must be provided for incoming sanitary sewers entering a manhole at an elevation of twenty-four (24) inches or more above the manhole invert and shall must be in accordance with the following:
(1) Drop pipe connections on the inside of manholes shall must be secured to the interior wall of the manhole and provide access for cleaning.
(2) Drop pipe connections on the outside of manholes shall must be encased in concrete.
(g) A flow channel that conforms to the shape of the connecting sanitary sewer shall must be made through the bottom surface of the manhole. The channel walls shall must be formed or shaped to the full height of the crown of the outlet sewer.
(h) A bench shall: must:
(1) be provided on each side of any flow channel if the pipe diameter is less than the manhole diameter;
(2) have a surface slope of no less than four percent (4%); and
(3) receive no discharge onto the surface of the bench from a:
(A) lateral;
(B) service connection; or
(C) drop manhole pipe.
(i) The inlet to a manhole from a force main shall must enter the manhole at an elevation less than twenty-four (24) inches above the flow line of the receiving manhole.
(j) Manholes shall must be air tested in accordance with ASTM C1244-93*, Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test.
*These documents are incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 20. 327 IAC 3-6-18 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-18 Installation
Authority: Sec. 18. (a) All gravity sewers, force mains, and the accessories to either shall must be installed in accordance with the one (1) of the following:
(1) ASTM C12-95*, Standard Practice for Installing Vitrified Clay Pipe Lines.
(2) ASTM D2321-89*, Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications.
(3) AWWA standard C600-93**, AWWA Standard for Installation of Ductile-Iron Water Mains and Their Appurtenances.
(4) AWWA standard C602-89**, AWWA Standard for Cement-Mortar Lining of Water Pipelines–4 In. (100 mm) and Larger–In Place.
(5) AWWA standard C603-90**, AWWA Standard for Installation of Asbestos–Cement Pressure Pipe.
(6) AWWA standard C605-94**, AWWA Standard for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water.
(7) AWWA standard C606-87**, AWWA Standard for Grooved and Shouldered Joints.
(b) If an ASTM or AWWA standard as allowed by subsection (a) is not applicable for the particular installation, the manufacturer's recommended installation procedure shall must be followed.
(c) Continuous and uniform bedding shall must be provided in the trench for all buried pipe. Backfill material shall must be tamped in layers around the pipe and to a height above the pipe capable to support and protect the pipe.
(d) All ledge rock, boulders, and stones unable to pass through an opening of two (2) inches that are found in the trench within four (4) inches of the outside edge of all sewer pipe shall must be removed.
(e) Sanitary sewers shall must be covered with at least thirty-six (36) inches of earthen cover measured from the top of the pipe to the proposed finish grade.
(f) Bedding classes A, B, C, or crushed stone as described in ASTM C12-95*, Standard Practice for Installing Vitrified Clay Pipe Lines, shall must be used and compacted for all rigid pipe installation.
(g) Embedment materials for bedding, haunching, and initial backfill, Class I, II, or III as described in ASTM D2321-89*, Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications, shall must be used and compacted for all flexible pipe installation.
(h) Final backfill shall: must:
(1) be placed in a manner that will not disturb the sanitary sewer pipe; and
(2) not consist of the following:
(A) Debris.
(B) Organic material.
(C) Frozen material.
(D) Unstable materials.
(E) Boulders or stones unable to pass through an opening of two (2) inches that are placed within two (2) feet of the sewer pipe as measured radially from the outside edge of the sewer.
*These documents are incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
**These documents are incorporated by reference. Copies may be obtained from American Water Works Association, 6666 W. Quincy Ave., Denver, CO 80235, www.awwa.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North,100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 21. 327 IAC 3-6-19 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-19 Deflection and leakage tests
Authority: Sec. 19. (a) A deflection test shall must be performed on each flexible pipe following the elapse of thirty (30) days after the placement of the final backfill.
(b) No The pipe shall must not exceed a deflection of five percent (5%) or greater.
(c) The diameter of the rigid ball or mandrel used for a deflection test shall must be no less than ninety-five percent (95%) of the base inside diameter of the pipe to be tested, dependent on what is specified in the corresponding ASTM standard. The test shall must not be performed with the aid of a mechanical pulling device.
(d) All gravity sewer pipe shall must be tested using one (1) of the following leakage test types:
(1) A hydrostatic test shall must be performed with a minimum of two (2) feet of positive head. The rate of exfiltration or infiltration shall must not exceed two hundred (200) gallons per inch of pipe diameter per linear mile per day.
(2) An air test shall must conform to one (1) of the following methods:
(A) ASTM C828-90*, Standard Test Method for Low-Pressure Air Test of Vitrified Clay Pipe Lines, for clay pipe.
(B) ASTM C 924-89*, Standard Practice for Testing Concrete Pipe Sewer Lines by Low-Pressure Air Test Method, for concrete pipe.
(C) ASTM F1417-92*, Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low-Pressure Air, for plastic pipe.
(e) All force mains shall must be pressure and leak tested in accordance with one (1) of the following methods:
(1) AWWA standard C600-93**, AWWA Standard for Installation of Ductile-Iron Water Mains and Their Appurtenances.
(2) AWWA standard C602-89**, AWWA Standard for Cement-Mortar Lining of Water Pipelines-4 In. (100 mm) and Larger-In Place.
(3) AWWA standard C603-90**, AWWA Standard for Installation of Asbestos–Cement Pressure Pipe.
(4) AWWA standard C605-94**, AWWA Standard for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water.
(5) AWWA standard C606-87**, AWWA Standard for Grooved and Shouldered Joints.
If an AWWA standard is not available for the particular installation, the installation procedure recommended by the manufacturer shall must be followed.
*These documents are incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
**These documents are incorporated by reference. Copies may be obtained from American Water Works Association, 6666 W. Quincy Ave., Denver, CO 80235, www.awwa.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 22. 327 IAC 3-6-24 IS AMENDED TO READ AS FOLLOWS:
327 IAC 3-6-24 Electrical requirements
Authority: Sec. 24. The National Electrical Code, 2017, NFPA 70* requirements for Class I, Group D, Division 1 locations shall govern electrical systems and components used in wet wells or in enclosed or partially-enclosed areas where concentrations of flammable gases or vapors may be present. The components may include such equipment such as motors, lights, cables, conduits, switch boxes, and control circuits, and all shall must comply with the following:
(1) Be protected against corrosive conditions.
(2) Each flexible cable shall must be provided with a watertight seal and separate strain relief.
(3) The main power feed to all lift stations shall must be equipped with a fused disconnect switch located aboveground.
(4) The equipment, if not housed, shall must meet the requirements of NEMA 3R or 4, in accordance with NEMA 250-2014, Enclosures for Electrical Equipment (1,000 Volts Maximum)**.
*This document is incorporated by reference. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169, www.nfpa.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
**This document is incorporated by reference. Copies may be obtained from the National Electrical Manufacturers Association, 1300 North 17th Street, Suite 900, Arlington, VA 22209, www.nema.org, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 23. 327 IAC 5-1-1 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-1-1 Purpose
Authority: Affected: IC 13-18-3
Sec. 1. This article prescribes policies, procedures, and technical criteria for the following programs: of the water pollution control board:
(Water Pollution Control Division; (1) The issuance of discharge permits under the National Pollutant Discharge Elimination System (NPDES).
(2) The implementation of a program for the pretreatment of industrial wastewater to be discharged into municipal sewage treatment facilities.
The provisions of this rule are generally applicable to all other rules of this article.
SECTION 24. 327 IAC 5-2-1.5 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-2-1.5 Incorporation by reference
Authority: Sec. 1.5. (a) The following are incorporated by reference:
(1) 40 CFR 125*, Criteria and Standards for the National Pollutant Discharge Elimination System.
(2) 40 CFR 130*, Water Quality Planning and Management.
(3) 40 CFR 133*, Secondary Treatment Regulation.
(4) 40 CFR 136*, Guidelines Establishing Test Procedures for the Analysis of Pollutants.
(5) 40 CFR 403*, General Pre-Treatment Regulations for Existing and New Sources of Pollution.
(6) 40 CFR 405*, Dairy Products Processing.
(7) 40 CFR 406*, Grain Mills.
(8) 40 CFR 407*, Canned and Preserved Fruits and Vegetables Processing.
(9) 40 CFR 408*, Canned and Preserved Seafood (Seafood Processing).
(10) 40 CFR 409*, Sugar Processing.
(11) 40 CFR 410*, Textile Mills.
(12) 40 CFR 411*, Cement Manufacturing.
(13) 40 CFR 412*, Concentrated Animal Feeding Operations (CAFO).
(14) 40 CFR 413*, Electroplating.
(15) 40 CFR 414*, Organic Chemicals, Plastics and Synthetic Fibers.
(16) 40 CFR 415*, Inorganic Chemicals Manufacturing.
(17) 40 CFR 417*, Soap and Detergent Manufacturing.
(18) 40 CFR 418*, Fertilizer Manufacturing.
(19) 40 CFR 419*, Petroleum Refining.
(20) 40 CFR 420*, Iron and Steel Manufacturing.
(21) 40 CFR 421*, Nonferrous Metals Manufacturing.
(22) 40 CFR 422*, Phosphate Manufacturing.
(23) 40 CFR 423*, Steam Electric Power Generating, as amended by 82 FR 43500.
(24) 40 CFR 424*, Ferroalloy Manufacturing.
(25) 40 CFR 425*, Leather Tanning and Finishing.
(26) 40 CFR 426*, Glass Manufacturing.
(27) 40 CFR 427*, Asbestos Manufacturing.
(28) 40 CFR 428*, Rubber Manufacturing.
(29) 40 CFR 429*, Timber Products Processing.
(30) 40 CFR 430*, Pulp, Paper and Paperboard.
(31) 40 CFR 432*, Meat and Poultry Products.
(32) 40 CFR 433*, Metal Finishing.
(33) 40 CFR 434*, Coal Mining Point Source Category BPT, BAT, BCT Limitations and New Source Performance Standards.
(34) 40 CFR 435*, Oil and Gas Extraction.
(35) 40 CFR 436*, Mineral Mining and Processing.
(36) 40 CFR 437*, Centralized Waste Treatment.
(37) 40 CFR 438*, Metal Products and Machinery.
(38) 40 CFR 439*, Pharmaceutical Manufacturing.
(39) 40 CFR 440*, Ore Mining and Dressing.
(40) 40 CFR 442*, Transportation Equipment Cleaning.
(41) 40 CFR 443*, Effluent Limitations Guidelines for Existing Sources and Standards of Performance and Pretreatment Standards for New Sources for the Paving and Roofing Materials (Tars and Asphalt).
(42) 40 CFR 444*, Waste Combustors.
(43) 40 CFR 445*, Landfills.
(44) 40 CFR 446*, Paint Formulating.
(45) 40 CFR 447*, Ink Formulating.
(46) 40 CFR 449*, Airport Deicing.
(47) 40 CFR 450*, Construction and Development.
(48) 40 CFR 451*, Concentrated Aquatic Animal Production (Aquaculture).
(49) 40 CFR 454*, Gum and Wood Chemicals Manufacturing.
(50) 40 CFR 455*, Pesticide Chemicals.
(51) 40 CFR 457*, Explosives Manufacturing.
(52) 40 CFR 458*, Carbon Black Manufacturing.
(53) 40 CFR 459*, Photographic.
(54) 40 CFR 460*, Hospitals.
(55) 40 CFR 461*, Battery Manufacturing.
(56) 40 CFR 463*, Plastics Molding and Forming.
(57) 40 CFR 464*, Metal Molding and Casting.
(58) 40 CFR 465*, Coil Coating.
(59) 40 CFR 466*, Porcelain Enameling.
(60) 40 CFR 467*, Aluminum Forming.
(61) 40 CFR 468*, Copper Forming.
(62) 40 CFR 469*, Electrical and Electronic Components.
(63) 40 CFR 471*, Nonferrous Metals Forming and Metal Powders.
(64) 40 CFR 501*, State Sludge Management Program Regulations.
(65) 40 CFR 503*, Standards for the Use or Disposal of Sewage Sludge.
(b) Federal regulations that have been incorporated by reference do not include any later amendments than those specified in this section.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 25. 327 IAC 5-2-1.6 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-2-1.6 Consistency with federal references
Authority: Sec. 1.6. The department shall issue NPDES permits consistent with the following:
(1) 40 CFR 122*, EPA Administered Permit Programs: The National Pollutant Discharge Eliminiation [sic] System.
(2) 40 CFR 123*, State Program Requirements.
(3) 40 CFR 124*, Procedures for Decisionmaking.
(4) 40 CFR 131*, Water Quality Standards.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division;
SECTION 26. 327 IAC 5-2-10 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-2-10 Applicable limitations, standards, and conditions
Authority: Affected: IC 13-11-2 ; IC 13-18-4
Sec. 10. (a) Each NPDES permit shall must provide for and ensure compliance with all applicable requirements of the Clean Water Act (CWA), regulations promulgated under the CWA, and state law. For the purposes of this section, an applicable requirement is a statutory or regulatory requirement that takes effect under state law before final administrative disposition of a permit. In addition to the requirements of sections 6, 8, 9, and 12 of this rule, permits shall must contain terms and conditions that ensure compliance with the following requirements as applicable:
Such The composite limitations will must be cumulative for mass limitations and weighted in proportion to respective flows for concentration limitations.
(1) Effluent limitations and standards under Sections 301, 304, 307(a), 318, and 405 of the CWA.
(2) Standards of performance for new sources under Section 306 of the CWA and 40 CFR 122.44(a).
(3) In the case of a POTW, which primarily is designed and utilized for the treatment of wastewater from an industry of a particular class or category, the effluent limitations or standards that would apply under Section 301, 304, 306, 307, 318, or 405 of the CWA to the industry if it were a direct discharger. If the POTW receives sewage from domestic sources as well as industrial wastewater, the permit shall must include composite (or hybrid) effluent limitations comprising the effluent:
(A) limitations or standards applicable to the industrial wastewater, as specified in this subdivision; and
(B) limitations applicable to the domestic sewage under Sections 301 and 304 of the CWA.
(4) Water quality standard based and other more stringent requirements. Any effluent limitations or other requirements in addition to or more stringent than promulgated effluent limitations guidelines or standards under Sections 301, 304, 306, 307, 318, and 405 of the CWA where necessary to do the following:
(A) Achieve water quality standards established by the water pollution control board or by U.S. EPA in accordance with Sections 118 and 303 of the CWA. Numeric water quality-based effluent limitations shall must be established in accordance with sections 11.1 and 11.3 11.4 through 11.6 of this rule.
(B) Attain or maintain a specified water quality through water quality related effluent limits established under Section 302 of the CWA.
(C) Incorporate, in accordance with Section 301(b)(1)(C) of the CWA, any more stringent limitations, treatment standards, or schedules of compliance requirements established under federal or state law or regulations, including those adopted under interstate agreements or compacts such as the Ohio River Valley Water Sanitation Commission (ORSANCO).
(D) Ensure consistency with the requirements of a water quality management plan approved by U.S. EPA under Section 208(b) of the CWA.
(E) Incorporate alternative effluent limitations or standards where warranted by fundamentally different factors under 327 IAC 5-6 .
(5) The following requirements for toxic pollutant limitations:
(A) Limitations established under subdivision (1), (2), (3), or (4) to control pollutants meeting the criteria listed in clause (B). Such The limitations shall must be established in accordance with clause (C).
(B) Limitations must control all toxic pollutants that the:
(i) commissioner determines (based on information reported in a permit application or in a notification under section 9 of this rule or on other information) are or may be discharged at a level greater than the level that is allowed under the technology-based effluent limitations applicable to the permittee under the CWA (see 327 IAC 5-5-2 (c)); or
(ii) discharger does or may use or manufacture as an intermediate or final product or byproduct; however, limitations are not required under this subdivision merely because the discharger does or may use or manufacture a toxic pollutant under research or laboratory conditions.
(C) The requirement that the limitations control the pollutants meeting the criteria of clause (B) shall must be satisfied by limitations on:
(i) those pollutants; or
(ii) other pollutants that, in the judgment of the commissioner, will ensure treatment of the pollutants specified under clause (B) to the levels required by the CWA.
(D) As used in this subdivision, "toxic pollutant" means:
(i) a pollutant listed as toxic under Section 307(a)(1) of the CWA; or
(ii) a pollutant or a combination of pollutants determined by the commissioner to have significant toxic characteristics when discharged into the waters of the state for organisms reasonably expected to be exposed to the pollutant or pollutants.
(6) For permits issued before the promulgation by the administrator of applicable effluent limitations and standards (including best management practices) under Sections 301, 304, 307, 318, and 405 of the CWA, shall contain such limitations and other conditions as the commissioner determines to be necessary to carry out those provisions of the CWA under 327 IAC 5-5-2 (b) and Section 402(a)(1) of the CWA.
(7) Best management practices to control or abate the discharge of pollutants where:
(A) required under Section 304(e) of the CWA for the control of toxic and hazardous pollutants from ancillary industrial activities;
(B) numeric effluent limitations are infeasible; or
(C) the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA.
Examples of best management practices that may be appropriate under clause (B) include proper operation and maintenance criteria and sludge-handling requirements. Examples of best management practices that may be appropriate under clause (C) include the construction of sheds over material storage piles to prevent rainfall from leaching materials from these piles and creating a source of pollution, ditching and diversion of rainfall run-off to minimize or prevent contamination from a discharger's manufacturing operations, and the use of solid, absorbent materials for cleaning up leaks and drips as opposed to washing these materials down a floor drain creating additional sources of pollution.
(8) Twenty-four (24) hour reporting. Pollutants for which the permittee must report violations of maximum daily discharge limitations under section 8(10)(C)(iii) 8(11)(C)(ii) of this rule (twenty-four (24) hour reporting) shall must be listed as such in the permit. This list shall must include any:
(A) toxic pollutant or hazardous substance; or
(B) pollutant specifically identified as the method to control a toxic pollutant or hazardous substance.
(9) Any conditions that the Secretary of the Army considers necessary to ensure that navigation and anchorage will not be substantially impaired in accordance with 327 IAC 5-3-10 (a).
(10) Additional conditions applicable to POTWs shall be are as follows:
(A) Any conditions imposed in grants made by the administrator to POTWs under Sections 201 and 204 of the CWA that are reasonably necessary for the achievement of effluent limitations required under Section 301 of the CWA.
(B) Requirements under Section 405 of the CWA governing the disposal of sewage sludge from POTWs or any other treatment works treating domestic sewage for any use for which rules have been established in accordance with any applicable rules.
(C) All POTWs shall identify, in terms of character and volume of pollutants, any significant indirect discharges into the POTW that are subject to pretreatment standards under Section 307(b) and 307(c) of the CWA.
(D) All POTWs must provide adequate notice to the commissioner of the following:
(i) Any new introduction of pollutants into the POTW from an indirect discharger that would be subject to Section 301 or 306 of the CWA if it were directly discharging those pollutants.
(ii) Any substantial change in the volume or character of pollutants being introduced into that POTW by any source where the change would:
(AA) render the source subject to pretreatment standards under Section 307(b) or 307(c) of the CWA; or
(BB) result in a modified application of the standards.
As used in this clause, "adequate notice" includes information on the quality and quantity of effluent introduced into the POTW and any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.
(E) POTWs must develop and submit to the commissioner a POTW pretreatment program when required by 40 CFR 403 and 327 IAC 5-13-1 5-19-1 in order to assure ensure compliance by industrial users of the POTW with applicable pretreatment standards established under Sections 307(b) and 307(c) of the CWA. The pretreatment program shall: must:
(i) meet the criteria of 327 IAC 5-13-2(f); 5-19-3; and
(ii) once approved, be incorporated into the POTW's permit.
(11) Antibacksliding requirements shall be are as follows:
(A) In the case of effluent limitations established on the basis of Section 402(a)(1)(B) of the CWA, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under Section 304(b) of the CWA subsequent to the original issuance of the permit to contain effluent limitations that are less stringent than the comparable effluent limitations in the previous permit. In the case of effluent limitations established on the basis of Section 301(b)(1)(C), 303(d), or 303(e) of the CWA, a permit may not be renewed, reissued, or modified to contain effluent limitations that are less stringent than the comparable effluent limitations in the previous permit except in compliance with Section 303(d)(4) of the CWA.
(B) A permit, with respect to which clause (A) applies, may be renewed, reissued, or modified to contain less stringent effluent limitations applicable to a pollutant if:
(i) material and substantial alterations or additions to the permitted facility occurred after permit issuance that justify the application of a less stringent effluent limitation;
(ii) information is available that:
(AA) was not available at the time of permit issuance (other than revised regulations, guidance, or test methods); and
(BB) would have justified the application of a less stringent effluent limitation at the time of permit issuance;
or the commissioner determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under Section 402(a)(1)(B) of the CWA;
(iii) a less stringent effluent limitation is necessary because of events:
(AA) over which the permittee has no control; and
(BB) for which there is no reasonably available remedy;
(iv) the permittee has received a permit modification under Section 301(c), 301(g) through 301(i), 301(k), 301(n), or 316(a) of the CWA; or
(v) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities, but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall must not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).
Item (ii) shall not apply to any revised waste load allocations or any alternative grounds for translating water quality standards into effluent limitations, except where the cumulative effect of the revised allocations results in a decrease in the amount of pollutants discharged into the concerned waters, and the revised allocations are not the result of a discharger eliminating or substantially reducing its discharge of pollutants due to complying with the requirements of the CWA or for reasons otherwise unrelated to water quality.
(C) In no event may a permit with respect to which clause (A) applies be renewed, reissued, or modified to contain an effluent limitation that is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of the limitation would result in a violation of a water quality standard under Section 303 of the CWA, 327 IAC 2-1 , or 327 IAC 2-1.5 applicable to the waters.
(12) For a POTW, any conditions expressly applicable to any user, as a limited co-permittee, that may be necessary in the permit issued to the treatment works to ensure compliance with applicable requirements under this subdivision. Alternatively, the commissioner may issue separate permits to the treatment works and to its users or may require a separate permit application from any user. The commissioner's decision to:
(A) issue a permit with no conditions applicable to any user;
(B) impose conditions on one (1) or more users;
(C) issue separate permits; or
(D) require separate applications;
and the basis for that decision, shall must be stated in the fact sheet for the draft permit for the treatment works.
(b) Notwithstanding the requirements of this section, where appropriate, NPDES permits for communities with approved LTCPs that are consistent with the federal CSO policy shall must contain schedules of compliance for meeting final water quality-based effluent limitations for CSOs, provided any such the permit:
(1) requires compliance with applicable standards and water quality-based effluent limitations as soon as possible in accordance with 40 CFR 122.47(a)(1) and in no event beyond the period specified in the approved LTCP for implementation of the LTCP;
(2) contains interim requirements, milestones, and final water quality-based effluent limitations and dates certain by which those requirements, milestones, and limitations will be met, even if these dates are beyond the term of the permit;
(3) complies in all other respects with the requirements of 40 CFR 122.47; and
(4) requires implementation of the approved LTCP.
(c) The department shall, where appropriate, and upon the request of the permittee, incorporate into the NPDES permit that contains water quality-based effluent limitations associated with CSOs a schedule of compliance provided that all the conditions in subsection (b) are met.
(Water Pollution Control Division;
SECTION 27. 327 IAC 5-17-3 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-17-3 "Categorical pretreatment standards" defined
Authority: Sec. 3. "Categorical pretreatment standards" means national pretreatment standards, specifying quantities or concentrations of pollutants or pollutant properties that may be discharged or introduced to a POTW by an existing or new industrial user in a specific industrial subcategory, that are established by U.S. EPA, under Section 307(b) or 307(c) of the Clean Water Act (33 U.S.C. 1317(b) or 33 U.S.C. 1317(c)) as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N. The categorical pretreatment standards are incorporated by reference at 327 IAC 5-2-1.5 .
(Water Pollution Control Division;
SECTION 28. 327 IAC 5-17-12 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-17-12 "National pretreatment standard" defined
Authority: Sec. 12. "National pretreatment standard" means any regulation that applies to industrial users and contains pollutant discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and 307(c) of the federal Clean Water Act (33 U.S.C. 1317(b)* and 33 U.S.C. 1317(c))*.
SECTION 29. 327 IAC 5-17-21 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-17-21 "Pretreatment standards" defined
Authority: Sec. 21. "Pretreatment standards" means:
(Water Pollution Control Division; (1) state pretreatment standards as established in 327 IAC 5-18-8 ;
(2) pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2 ; and
(3) national categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10 .327 IAC 5-2-1.5 .
SECTION 30. 327 IAC 5-17-23 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-17-23 "Significant industrial user" or "SIU" defined
Authority: Sec. 23. (a) Except as provided in subsection (b), "significant industrial user" or "SIU" means the following:
(1) Industrial users subject to categorical pretreatment standards under 327 IAC 5-18-10 .327 IAC 5-2-1.5 .
(2) An industrial user that:
(A) discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW;
(B) contributes a process waste stream that makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(C) is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
(i) adversely affect the POTW's operation; or
(ii) violate a:
(AA) pretreatment standard; or
(BB) requirement of 327 IAC 5-19-3 .
(3) The control authority may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N is a nonsignificant categorical industrial user rather than a significant industrial user if the industrial user never discharges more than one hundred (100) gallons per day (gpd) of total categorical wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard and the following conditions are met:
(A) The industrial user, prior to the control authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements.
(B) The industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement.
(C) The industrial user never discharges any untreated concentrated wastewater.
(b) A control authority may:
(Water Pollution Control Division; (1) on its own initiative; or
(2) in response to a petition received from an industrial user or a POTW and in accordance with 327 IAC 5-19-3 (6);
determine that an industrial user is not a significant industrial user if it does not meet subsection (a)(2)(C).
SECTION 31. 327 IAC 5-19-6 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-19-6 Revision of an existing approved POTW pretreatment program
Authority: Sec. 6. The criteria and procedures in 40 CFR 403.18* shall govern the revisions to an existing approved POTW pretreatment program.
SECTION 32. 327 IAC 5-20-1 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-20-1 Prerequisites for revision of categorical pretreatment standards by a POTW
Authority: Sec. 1. (a) Any POTW receiving wastewater from an industrial user that is required to meet a categorical pretreatment standard may revise the discharge limits specified by the standard for any specific pollutant or pollutants so long as if the POTW has:
(1) applied for and received authorization from the commissioner to revise the discharge limits for a specific pollutant in accordance with this rule and 327 IAC 5-19-5 ; and
(2) a POTW pretreatment program approved under 327 IAC 5-19 .
(b) The revised discharge limit for a specific pollutant must be:
(1) based upon the POTW's capability to consistently remove that pollutant, as demonstrated in accordance with section 2(b) of this rule; and
(2) calculated as provided in section 2(b)(4) of this rule.
A discharge limit revision for a toxic pollutant, that is listed pursuant to Section 307(a) of the Clean Water Act (33 U.S.C. 1317(a)), must be based on the POTW's ability to remove that toxic pollutant and not the ability to remove indicator or surrogate pollutants.
(c) A POTW with a combined sewer overflow or systems that overflow untreated wastewater into a receiving water at least once annually shall not be able to claim consistent removal of a pollutant unless achieving compliance with one (1) of the following:
(1) The industrial user provides containment, reduction, or otherwise ceases all discharges from the regulated processes of a pollutant for which a removal allowance is requested during all circumstances in which a an overflow event can reasonably be expected to occur. Discharges must cease or be reduced, or pretreatment must be increased to the extent necessary, to compensate for the removal not being provided by the POTW. Allowances under this rule will not be granted unless the POTW submits to the commissioner evidence of the following:
(A) All industrial users to which the POTW proposes to apply this rule have demonstrated the ability to contain, reduce, or otherwise cease, during circumstances in which an overflow event can reasonably be expected to occur, all discharges from the regulated processes that contain pollutants for which a removal allowance is requested.
(B) The POTW has identified circumstances in which an overflow event can reasonably be expected to occur, and has a notification procedure or other viable plan in place to ensure that industrial users will learn of an impending bypass in sufficient time to contain, reduce, or cease its discharge to prevent untreated overflow from occurring. The POTW must also demonstrate that it will monitor and verify the data required in clause (C) to ensure that industrial users are containing, reducing, or ceasing operations during POTW overflows.
(C) All industrial users to which the POTW proposes to apply this rule have demonstrated the ability and commitment to collect and make available upon request by the POTW, commissioner, or U.S. EPA regional administrator:
(i) daily flow reports; or
(ii) other data sufficient to demonstrate that all discharges from regulated processes containing the pollutant for which the removal allowance is requested were:
(AA) contained;
(BB) reduced; or
(CC) otherwise terminated;
during all circumstances in which a an overflow event was reasonably expected to occur.
(2) The proposed revised discharge limit proposed for a specific pollutant is calculated under section 2(b)(4)(B) of this rule to account for the reduction in POTW removal due to overflows, except as follows:
(A) If an industrial user can demonstrate that overflows do not occur in the POTW's system between the industrial user's discharge and the treatment plant, the POTW may calculate revised discharge limits for the industrial user under section 2(b)(4)(A) of this rule.
(B) After April 19, 1994, consistent removal may be claimed only if efforts to correct the conditions resulting in untreated discharges by a POTW are underway in accordance with the policy and procedures set forth in the EPA Combined Sewer Overflow (CSO) Control Policy (FRL-4732-7)*, published in the Federal Register on April 19, 1994. Revision to discharge limits in categorical pretreatment standards may not be made if a POTW has not committed to efforts to minimize pollution from combined sewer overflows. At a minimum, a POTW must have completed an analysis of combined sewer overflow alternatives in accordance with the requirements of the CSO Control Policy and be making a good faith effort to implement the plan.
(d) A discharge limit revision shall must not cause or contribute to a violation of the following:
(1) Applicable water quality standards in the state waters receiving the POTW's effluent.
(2) The POTW's ability to comply with its NPDES permit limitations and conditions.
(3) Any sludge requirements that apply to the sludge management method chosen by the POTW.
Alternatively, the POTW can demonstrate to the commissioner that even though it is not presently in compliance with applicable sludge requirements, it will be in compliance when the industrial user to whom the removal credit would apply is required to meet its categorical pretreatment standard as modified by the removal credit. If granting removal credits forces a POTW to incur greater sludge management costs than would be incurred in the absence of granting removal costs, the additional sludge management costs will not be eligible for U.S. EPA grant assistance.
(e) If a POTW has received a construction grant under Section 201(g) of the Clean Water Act (33 U.S.C. 1281(g)) from funds authorized for any fiscal year beginning after September 30, 1978, the POTW shall have completed the analysis required by Section 201(g)(5) of the Clean Water Act (33 U.S.C. 1281(g)(5))*, and demonstrated that the revised discharge limits will not preclude the use of innovative or alternative technology otherwise available to the POTW.
(f) An industrial user that wishes to receive a removal allowance shall: must:
(1) submit to the POTW the information required in 40 CFR 403.12(b)*, including the specification of what, if any, additional treatment or process facilities if any, will be needed to comply with applicable categorical pretreatment standards as approved for revision under this rule;
(2) enter into a compliance schedule agreement with the POTW to install the needed facilities within the time period provided by the applicable categorical standards; and
(3) have the POTW submit to the commissioner, within sixty (60) days of the effective date of revision of discharge limits for a particular industrial user, the name and address of the industrial user and the specific discharge limits that were revised.
SECTION 33. 327 IAC 5-20-2 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-20-2 Application for authorization to revise categorical standards
Authority: Sec. 2. (a) An application to revise discharge limits for specific pollutants for an industrial user that is, or in the future may be, subject to categorical pretreatment standards must be submitted to the commissioner by a POTW pursuant to this section. The initial application must be submitted after or concurrently with the POTW's request for approval of its POTW pretreatment program. Subsequent applications, if needed, may be submitted by a POTW no more than once every six (6) months upon the occurrence of one (1) or more of the following:
(1) Promulgation of a categorical pretreatment standard since the previous application.
(2) An industrial user with new or modified facilities or production changes results in the discharge of a pollutant to the POTW that was not previously discharged and is subject to a categorical standard.
(3) Any significant increase in removal efficiency attributable to specific identifiable circumstances or corrective measures, such as:
(A) improvements in operation and maintenance practices;
(B) new treatment or treatment capacity; or
(C) a significant change in the influent to the POTW treatment plant.
(b) An application for authorization to revise discharge limits must include the following information:
(1) A list of pollutants proposed for discharge limit revisions.
(2) Influent and effluent operational data demonstrating consistent removal or other information, as permitted by the commissioner, that demonstrates consistent removal of the pollutants for which a removal allowance is proposed. These data must meet the following requirements:
(A) The data must be representative of yearly and seasonal conditions to which the POTW is subjected for each pollutant proposed for a discharge limit revision.
(B) The data must be representative of the quality and quantity of normal effluent and influent flow of the system if such the data can be obtained. If such the data are unobtainable, alternate data or information may be presented for approval to demonstrate consistent removal.
(C) The influent and effluent operational data must be obtained through a minimum of twelve (12) composite samples taken at approximately equal intervals throughout one (1) calendar year and meeting the following requirements:
(i) Each composite sample must consist of discrete, flow-proportional samples taken at equal time intervals not to exceed two (2) hours.
(ii) The sampling period must be a minimum of twenty-four (24) hours and each effluent sample must be taken approximately one (1) detention time later than the corresponding influent sample except that, if the commissioner determines that such a sampling schedule will not be representative of the actual operation of the POTW treatment plant, an alternative sampling schedule will be required. The detention time shall must be determined from the flow at the time sampling begins.
(iii) If a particular pollutant is measurable in the influent but not in the effluent, the effluent level may be assumed to be the limit of quantitation, and those data may be used by the POTW in its discretion subject to approval by the commissioner.
(iv) If the pollutant is not measurable in the influent, the data must not be used.
(v) If there are less than eight (8) samples with influent concentrations equal to or above the limit of quantitation, the commissioner may approve alternate means, such as a mass balance, for demonstrating consistent removal. The samples must be evenly distributed over the days of the week so as to include nonworkdays as well as workdays. If the commissioner determines that this schedule will not be most representative of the actual operation of the POTW, an alternative sampling schedule will be approved.
(vi) In addition, upon the commissioners commissioner's approval, a POTW may utilize an historical data base amassed prior to the effective data of this rule, provided that the data meets the requirements of this subdivision. In order for the historical data base to be approved, it must present a statistically valid description of daily, weekly, and seasonal sewage treatment plant loadings and performance for at least one (1) year.
(D) Where composite sampling is not an appropriate sampling technique, a grab sample shall must be taken to obtain influent and effluent operational data and shall must meet the following requirements:
(i) A grab sample shall be is required, for example, where when the parameters being evaluated are those that may not be held for any extended period because of biological, chemical, or physical interactions that take place after sample collection, and affect therefore affecting the results.
(ii) A grab sample is an individual sample and must be collected over a period of time not exceeding fifteen (15) minutes.
(iii) Collection of influent grab samples should must precede collection of effluent samples by approximately one (1) detention period.
(E) The sampling and analysis required by clause (C) and this clause must be performed in accordance with the following:
(i) Techniques prescribed in one (1) of the following:
(AA) 40 CFR 136* and its amendments.
(BB) Applicable categorical standards.
(ii) Applicable sampling and analytical procedures approved by U.S. EPA if one (1) of the following situations exists to make the techniques listed in item (i) inapplicable:
(AA) There is no sampling or analytical technique for the pollutant in question.
(BB) The administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question.
(F) Consistent removal for a specific pollutant shall must be determined as follows:
(i) For each sample, the difference between the pollutant concentrations in the influent and effluent must be calculated and expressed as a percentage of the influent concentration.
(ii) Removal for the pollutant shall must be calculated as the average of the lowest fifty percent (50%) of the individual sample removal results. If the number of samples with quantifiable results is between eight (8) and twelve (12), the removal shall must be calculated as the average of the lowest six (6) sample results.
(iii) All sample data obtained for the measured pollutant according to clause (C) must be reported and used in calculating consistent removal.
(iv) If an alternate means is approved by the commissioner under clause (C) for demonstrating consistent removal, then removal shall must be calculated as specifically provided by the commissioner.
(3) A list of the industrial subcategories for which discharge limits in categorical pretreatment standards would be revised, including the number of industrial users in each subcategory and an identification of which of the pollutants on the list prepared under subdivision (1) are discharged by each subcategory.
(4) The proposed revised discharge limits proposed for each of the subcategories of industrial users identified in subdivision (3) calculated in the following manner:
(A) The proposed revised discharge limit proposed for the specified pollutant must be calculated using the following formula:
| Y = | X | |
| 1 - r |
| Where: | X = | Pollutant discharge limit specified in the applicable categorical pretreatment standard (expressed in milligrams per liter). |
| r = | POTW's consistent removal rate for that pollutant as established under this rule (percentage expressed as a decimal). | |
| Y = | Revised discharge limit for the specified pollutant (expressed in milligrams per liter). |
(B) In the case of a POTW that either has combined sewers or has bypassed untreated wastewater into the receiving water at least once annually, and that claims consistent removal of a pollutant under section 1(c)(1) of this rule, the proposed revised discharge limits proposed for the specific pollutant must be calculated using the following formula:
| rc = rm | 8760 - Z | |
| 8760 |
| Where: | rm = | POTW's consistent removal rate for a specific pollutant. |
| rc = | Removal corrected by the overflow factor. | |
| Z = | Hours per year that overflow occurred between the industrial user and the POTW treatment plant, the hours either to be shown in the POTW's current NPDES permit application or the hours, as demonstrated by verifiable techniques, that a particular industrial user's discharge overflows between the industrial user and the POTW treatment plant. |
(5) Data showing the concentrations and amounts of the pollutants in a POTW's sludge of the pollutants that are proposed for discharge limit revisions, and for which sludge disposal or use criteria applicable to the POTW's current method of sludge use or disposal have been published by U.S. EPA or the department This data must meet the following requirements:
(A) The data must be obtained through a composite sample taken during each of the sampling periods selected to measure consistent removal in accordance with the requirements of subdivision (2)(C). Each composite sample must contain a minimum of twelve (12) discrete samples taken at equal time intervals over a twenty-four (24) hour period. Where a composite sample is not an appropriate sampling technique, grab samples must be taken.
(B) Sampling and analysis of the samples referred to in clause (A) must be performed in accordance with the sampling and analytical techniques described in subdivision (2)(E).
(6) A specific description of the following:
(A) The POTW's current method of use or disposal of its sludge.
(B) Data certifying that the current sludge use or disposal methods comply and will continue to comply with section 1(d) of this rule.
(7) A certification that the POTW has an approved POTW pretreatment program or qualifies for the exception to this requirement found at section 1(c) of this rule.
(8) A certification that the granting of removal credits will not cause a violation of the POTW's NPDES permit limits or conditions.
(c) The application to revise categorical standards must contain the following:
(1) Signature of one (1) of the following:
(A) A principal executive officer.
(B) A ranking elected official.
(C) A duly authorized employee of the POTW, if the employee is responsible for overall operation of the POTW.
(2) A certification by the signatory or an independent consulting engineer, if retained by the POTW to prepare the application, stating, "I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that this information was obtained in accordance with the requirements of 327 IAC 5-20-2 (b). Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate, and complete.".
(d) An application to revise categorical standards, upon its submittal by a POTW, will be reviewed, approved, or denied by the commissioner in accordance with the procedures of 327 IAC 5-19-5 . Approval of an application shall empower only empowers the POTW to revise only the specific discharge limits proposed under subsection (b)(4).
(e) If the state has an approved pretreatment program, the regional administrator may agree in the Memorandum of Agreement under 40 CFR 123.24(d)* to waive the right to review and object to submissions for authority to grant removal credits. Such an The agreement shall does not restrict the regional administrator's right to comment upon or object to permits issued to POTW's except to the extent 40 CFR 123.24(d) allows such a restriction.
(f) Nothing in this rule precludes an industrial user or other interested party from assisting the POTW in preparing and presenting the information necessary to apply for authorization.
SECTION 34. 327 IAC 5-21-6 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-21-6 Conditions applicable to all permits
Authority: Sec. 6. (a) The following conditions apply to all IWP permits and must be expressly incorporated into the permit or incorporated by reference into the permit:
(1) Permit conditions specified in 327 IAC 5-2-8 (1) through 327 IAC 5-2-8 (3), 327 IAC 5-2-8 (7) through 327 IAC 5-2-8 (9), and 327 IAC 5-2-8 (13).
(2) The upset provision according to 327 IAC 5-16-6 .
(3) The bypass provision according to 327 IAC 5-16-7 .
(4) The enforcement provision according to 327 IAC 5-16-4 .
(b) An IWP permit may be modified in whole or in part, revoked and reissued, or terminated during its term for cause in accordance with the pertinent provisions of 327 IAC 5-2-16 . An IWP permittee must:
(1) report to the commissioner plans for, or information about, any activity that has occurred, or will occur, that would constitute cause for modification or revocation and reissuance under this section;
(2) comply with the existing IWP permit until it is modified or reissued; and
(3) abide by the commissioner's decision:
(A) to modify or revoke and reissue the permit; and
(B) require submission of a new application as required by section 3 of this rule.
(c) If the permittee does not or will not be able to comply for any reason with any discharge limitation specified in the IWP permit, the permittee shall provide the commissioner with the following information within twenty-four (24) hours of an event of permit noncompliance:
(1) A description of the discharge and cause of noncompliance.
(2) The period of noncompliance, including exact dates and times of the noncomplying event and the anticipated time when the discharge will return to compliance.
(3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
(d) The permittee shall take all reasonable steps to minimize any adverse impact to the POTW, or to waters of the state, resulting from noncompliance with the IWP permit.
(Water Pollution Control Division;
SECTION 35. 327 IAC 5-21-7 IS AMENDED TO READ AS FOLLOWS:
327 IAC 5-21-7 Applicable discharge limitations and related conditions
Authority: Sec. 7. Permits issued under this rule must ensure compliance with the following as applicable:
(Water Pollution Control Division; (1) The most stringent pretreatment standards and requirements specified in 327 IAC 5-18 that are applicable to a particular discharge. For purposes of this section, a pretreatment standard or requirement is applicable if it applies by its terms to the discharge and becomes effective prior to final issuance of an IWP permit.
(2) With respect to an IWP permit to be issued to an industrial user within one (1) of the industrial categories or subcategories listed in 327 IAC 5-18-10 ,327 IAC 5-2-1.5 , if an applicable categorical pretreatment standard has not yet been promulgated under Section 307(b) or 307(c) of the Clean Water Act (33 U.S.C. 1317(b) or 33 U.S.C. 1317(c)), the permit shall include a condition stating that if such a categorical pretreatment standard is subsequently promulgated that is more stringent than any discharge limit in the permit or controls a pollutant not limited in the permit, the permit shall be promptly modified or revoked and reissued in accordance with such categorical pretreatment standard.
(3) The alternative discharge limitations or standards where warranted by fundamentally different factors under 327 IAC 5-18-5 (a).
(4) The best management practices to control or abate the discharge of pollutants where:
(A) numeric effluent limitations are infeasible; or
(B) the practices are reasonably necessary to achieve discharge limitations and standards or to carry out the purposes of the Clean Water Act (33 U.S.C. 1251).
(5) No permit shall be issued for the discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste.
(6) If the promulgated pretreatment standards, listed in 327 IAC 5-18-10 ,327 IAC 5-2-1.5 , are based on production or equivalent concentration limitations, then equivalent mass limitations may be applied in place of the standard where appropriate in the permit. If equivalent limitations are applied, the permit limitations shall be calculated in accordance with 327 IAC 5-18-4 (d).
(7) Discharges that are not continuous shall be particularly described and limited, considering the following factors, as appropriate:
(A) Frequency.
(B) Total mass.
(C) Maximum rate of discharge of pollutants during the discharge.
(D) Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure.
(8) If permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, then effluent limitations or standards for discharges of pollutants may be imposed on internal waste streams prior to mixing with other waste streams or cooling water streams with the following requirements applied:
(A) The monitoring required by section 9 of this rule shall also be applied to the internal waste streams.
(B) The effluent limitations on internal waste streams shall be developed in accordance with the provisions of 327 IAC 5-2-11 (h).
SECTION 36. 327 IAC 8-3.1-2 IS AMENDED TO READ AS FOLLOWS:
327 IAC 8-3.1-2 Permitting authority and responsibilities
Authority: Sec. 2. (a) The plans for a water main extension are not required to be submitted to any state agency for a permit, permission, or review, unless required by the federal law, if the following are met:
(1) A person submits plans to a unit concerning the design or construction of a public water main.
(2) A professional engineer prepared the plans.
(3) The unit provided a review of the plans by a qualified engineer and subsequently approved the plans.
(4) All other requirements specified in this rule and all other rules adopted by the water pollution control board are met.
(b) The proposed construction of a water main must be in accordance with the following:
(1) The Safe Drinking Water Act, 42 U.S.C. 300f-300j-26*. as amended*.
(2) The Clean Water Act, 33 U.S.C. 1251-1387*. as amended*.
(c) The other requirements specified in rules that have been adopted by the water pollution control board and must be adhered to in the permitting of a public water main include the following:
(1) 327 IAC 8-1: Public Water Supply Direct Additive and Indirect Additive Standards.
(2) 327 IAC 8-2: Drinking Water Standards.
(3) 327 IAC 8-3.2: Technical Standards for Water Mains.
(4) 327 IAC 8-3.3: Public Water System Quantity Requirement Standards.
(5) 327 IAC 8-3.3-4: Additional public water system quantity requirement standards for school buildings and related facilities.
(6) 327 IAC 8-3.3-5: Additional public water system quantity requirement standards for mobile home parks.
(7) 327 IAC 8-3.3-6: Additional public water system quantity requirement standards for agricultural labor camps.
(8) 327 IAC 8-10: Cross Connections; Control; Operation.
(d) Units shall notify the commissioner of all public water main construction permits that the unit has issued by submitting to the department, on the effective date of the permit, a copy of each issued permit. Each submission shall must contain the following information for each issued permit:
(1) The identification number that has been issued by the local unit.
(2) The effective date of the permit.
(3) The county where the construction project is to be located.
(4) The location of the construction project in terms of the following:
(A) The nearest public intersection.
(B) Quarter section, section, township, and range of the approximate center of the construction project.
(C) If the information requested by clause (B) is not available, the latitude and longitude of the approximate center of the construction project to the nearest fifteen (15) seconds.
(5) The maximum number of proposed service connections to the water main.
(6) A description and numerical count of the type or types of facilities to be located at each proposed service connection whether:
(A) residential;
(B) commercial; or
(C) industrial.
(7) A project layout map on an eight and one-half (8.5) inch by eleven (11) inch sheet of paper.
(e) The commissioner may approve alternatives to the notification procedure described in subsection (d) if requested. The alternative notification procedure must provide equivalent information to that required under subsection (d) to be considered for approval.
SECTION 37. 327 IAC 17-1-3 IS AMENDED TO READ AS FOLLOWS:
327 IAC 17-1-3 Definitions
Authority: Sec. 3. The following definitions apply throughout this article:
(Water Pollution Control Division; (1) "Class I wetland" means an isolated wetland described by one (1) or both of the following:
(A) At least fifty percent (50%) of the wetland has been disturbed or affected by human activity or development by one (1) or more of the following:
(i) Removal or replacement of the natural vegetation.
(ii) Modification of the natural hydrology.
(B) The wetland supports only minimal wildlife or aquatic habitat or hydrologic function because the wetland does not provide critical habitat for threatened or endangered species listed in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at least one (1) of the following:
(i) The wetland is typified by low species diversity.
(ii) The wetland contains greater than fifty percent (50%) areal coverage of nonnative invasive species of vegetation.
(iii) The wetland does not support significant wildlife or aquatic habitat.
(iv) The wetland does not possess significant hydrologic function.
(2) "Class II wetland" means either of the following:
(A) An isolated wetland that is not a Class I or Class III wetland.
(B) A type of wetland listed in subdivision (3)(B) that would meet the definition of Class I wetland if the wetland were not a rare or ecologically important type.
(3) "Class III wetland" means an isolated wetland:
(A) that:
(i) is located in a setting undisturbed or minimally disturbed by human activity or development; and
(ii) supports more than minimal wildlife or aquatic habitat or hydrologic function; or
(B) unless classified as a Class II wetland under subdivision (2)(B), that is of one (1) of the following rare and ecologically important types:
(i) Acid bog.
(ii) Acid seep.
(iii) Circumneutral bog.
(iv) Circumneutral seep.
(v) Cypress swamp.
(vi) Dune and swale.
(vii) Fen.
(viii) Forested fen.
(ix) Forested swamp.
(x) Marl beach.
(xi) Muck flat.
(xii) Panne.
(xiii) Sand flat.
(xiv) Sedge meadow.
(xv) Shrub swamp.
(xvi) Sinkhole pond.
(xvii) Sinkhole swamp.
(xviii) Wet floodplain forest.
(xix) Wet prairie.
(xx) Wet sand prairie.
(4) "Clean Water Act" refers to:
(A) 33 U.S.C. 1251 et seq.; and
(B) regulations adopted under 33 U.S.C. 1251 et seq.
(5) "Compensatory mitigation" means the
(A) restoration or
(B) creation
of wetlands to offset or compensate for a loss of wetlands resulting from an authorized wetland activity. Wetlands enlargement, enhancement, and preservation may be considered compensatory mitigation on a case-by-case basis, particularly for Class III wetlands.
(6) "Dredged material" means material that is dredged or excavated from an isolated wetland.
(7) "Exempt isolated wetland" means the following:
(A) An isolated wetland that is a voluntarily created wetland unless:
(i) the wetland is:
(AA) approved by the department for compensatory mitigation purposes in accordance with a permit issued under Section 404 of the Clean Water Act or IC 13-18-22 ; or
(BB) reclassified as an SRW under IC 13-18-22-6 (c); or
(ii) the owner of the wetland declares, by a written instrument:
(AA) recorded in the office of the recorder of the county or counties in which where the wetland is located; and
(BB) filed with the department;
that the wetland is to be considered in all respects to be an SRW.
(B) An isolated wetland that exists as an incidental feature in or on any of the following:
(i) A residential lawn.
(ii) A lawn or landscaped area of a commercial or governmental complex.
(iii) Agricultural land.
(iv) A roadside ditch.
(v) An irrigation ditch.
(vi) A manmade drainage control structure.
(C) An isolated wetland that is a fringe wetland associated with a private pond.
(D) An isolated wetland that is, or is associated with, a manmade body of surface water of any size created by:
(i) excavating;
(ii) diking; or
(iii) excavating and diking;
dry land to collect and retain water for or incidental to agricultural, commercial, industrial, or aesthetic purposes.
(E) An isolated wetland that is a Class I wetland with an area, as delineated, of one-half (1/2) acre or less.
(F) An isolated wetland that is a Class II wetland with an area, as delineated, of one-fourth (1/4) acre or less.
(G) An isolated wetland that is located on land:
(i) subject to regulation under the United States Department of Agriculture wetland conservation rules, also known as Swampbuster (16 U.S.C. 3801-3862), because of voluntary enrollment in a federal farm program; and
(ii) used for agricultural or associated purposes allowed under the rules referred to in this clause.
(H) For purposes of clause (B), an isolated wetland exists as an incidental feature:
(i) if:
(AA) the owner or operator of the property or facility described in clause (B) does not intend the isolated wetland to be a wetland;
(BB) the isolated wetland is not essential to the function or use of the property or facility; and
(CC) the isolated wetland arises spontaneously as a result of damp soil conditions incidental to the function or use of the property or facility; and
(ii) if the isolated wetland satisfies any other factors or criteria established in rules that are:
(AA) adopted by the water pollution control board; and
(BB) not inconsistent with the factors and criteria described in this clause.
(I) The total acreage of Class I wetlands on a tract to which the exemption described in clause (E) may apply is limited to the larger of the following:
(i) The acreage of the largest individual isolated wetland on the tract that qualifies for the exemption described in clause (E).
(ii) Fifty percent (50%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for the exemption described in clause (E) but for the limitation of this subdivision.
(J) The total acreage of Class II wetlands on a tract to which the exemption described in clause (F) may apply is limited to the larger of the following:
(i) The acreage of the largest individual isolated wetland on the tract that qualifies for the exemption described in clause (F).
(ii) Thirty-three and one-third percent (33 1/3%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for the exemption described in clause (F) but for the limitation of this subdivision.
(K) An isolated wetland described in clause (E) or (F) does not include an isolated wetland on a tract that contains more than one (1) of the same class of wetland until the owner of the tract notifies the department that the owner has selected the isolated wetland to be an exempt isolated wetland under clause (E) or (F) consistent with the applicable limitations described in clauses (I) and (J).
(8) "Isolated wetland" means a wetland that is not subject to regulation under Section 404(a) of the Clean Water Act.
(9) "Notice of intent" means a notice submitted by a person proposing the wetland activity as a prerequisite to applicability of a general permit under either 327 IAC 17-2 or 327 IAC 17-3 . This notice must contain the following information:
(A) An identification of the wetlands to be affected by the wetland activity including the following:
(i) The location of the tract and location of the wetlands on the tract.
(ii) A delineation of all wetlands on the tract.
(iii) A classification of all SRWs on the tract.
(iv) A description of the proposed wetland activities and project at the site.
(v) For the purpose of making the determinations at subdivisions subdivision (7)(A) and (7)(K), section 4 of this rule, IC 13-18-22-2 (c), IC 13-18-22-10 , and IC 13-18-22-11 , the person proposing the activity shall disclose dates for the following:
(AA) Actions that disturb or affect isolated wetlands under subdivision (1)(A) that occurred after January 1, 2004.
(BB) Wetland activities exempted by subdivision (7)(E) or (7)(F) that occurred after January 1, 2004.
(CC) Voluntary creations of isolated wetlands under subdivisions (7)(A) and (12).
(DD) Restoration of isolated wetlands under IC 13-18-22-2 (c).
(EE) Filling, draining, or elimination by other means of isolated wetlands not removed from the department's authority by IC 13-18-22-10 .
(FF) Wetland activities that occurred on land previously exempted by subdivision (7)(G) if:
(aa) the land is no longer subject to; and
(bb) the wetland activities were not in compliance with;
the United States Department of Agriculture wetland conservation rules.
(B) A compensatory mitigation plan to reasonably offset the loss of wetlands allowed, unless an exception to mitigation has been granted by the department under section 6 of this rule.
(C) A statement signed by the applicant stating, "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.".
(D) Correspondence from the United States Army Corps of Engineers (USACOE) that states that the wetland is not subject to regulation under Section 404(a) of the Clean Water Act.
(10) "State regulated wetland" or "SRW" means an isolated wetland located in Indiana that is not an exempt isolated wetland.
(11) "Tract" means any area of land that is:
(A) under common ownership; and
(B) contained within a continuous border.
(12) "Voluntarily created wetland", for purposes of this article, means an isolated wetland that:
(A) was restored or created in the absence of a governmental order, directive, or regulatory requirement concerning the restoration or creation of the wetland; and
(B) has not been applied for or used as compensatory mitigation or another regulatory purpose that would have the effect of subjecting the wetland to regulation as waters by:
(i) the department; or
(ii) another governmental entity.
(13) "Waters" means the accumulations of water, surface and underground, natural and artificial, public and private, or a part of the accumulations of water that are wholly or partially within, flow through, or border upon Indiana. The term does not include any of the following:
(A) An exempt isolated wetland.
(B) A private pond.
(C) An off-stream pond, reservoir, wetland, or other facility built for reduction or control of pollution or cooling of water before discharge.
The term includes all waters of the United States, as defined in Section 502(7) of the federal Clean Water Act (33 U.S.C. 1362(7)), that are located in Indiana.
(14) "Waters of the United States" means waters described by 33 CFR 328.3(a)(3).
(15) "Wetland activity" means the discharge of
(A) dredged or
(B) fill
material into an isolated wetland.
(16) "Wetlands" means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. The term generally includes the following:
(A) Swamps.
(B) Marshes.
(C) Bogs.
(D) Similar areas.
(17) "Wetlands delineation" or "delineation", for purposes of this rule, means a technical assessment of:
(A) whether a wetland exists on an area of land; and
(B) if so, the type and quality of the wetland based on the presence or absence of wetlands characteristics, as determined consistently with the Wetlands Delineation Manual, Technical Report Y-87-1 of the United States Army Corps of Engineers.
SECTION 38. 327 IAC 19-2-7 IS AMENDED TO READ AS FOLLOWS:
327 IAC 19-2-7 "Confined feeding operation" or "CFO" defined
Authority: Sec. 7. "Confined feeding operation" or "CFO", as defined in IC 13-11-2-40 , means any:
(Water Pollution Control Division; (1) confined feeding of at least:
(A) three hundred (300) cattle;
(B) six hundred (600) swine or sheep;
(C) thirty thousand (30,000) fowl; or
(D) five hundred (500) horses;
(2) AFO electing to be subject to IC 13-18-10 ; or
(3) AFO that is causing a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C) IC 13-18-10 .
A determination by the department under this subdivision is appealable under IC 4-21.5 .
SECTION 39. THE FOLLOWING ARE REPEALED: 327 IAC 1-1-4 ; 327 IAC 2-1-12 ; 327 IAC 2-1.5-20 ; 327 IAC 3-2.1-2 ; 327 IAC 3-6-2 ; 327 IAC 5-1.5-1 ; 327 IAC 12.1-2-3 .
LSA Document #17-278(F)
Proposed Rule: 20171115-IR-327170278PRA
Hearing Held: January 10, 2018
Approved by Attorney General: August 31, 2018
Approved by Governor: September 5, 2018
Filed with Publisher: September 6, 2018, 11:50 a.m.
Documents Incorporated by Reference: 33 CFR 328.3(a)(3); 40 CFR 2; 40 CFR 3; 40 CFR 25; 40 CFR 112; 40 CFR 116; 40 CFR 122 through 125; 40 CFR 130 and 131; 40 CFR 133; 40 CFR 136; 40 CFR 141; 40 CFR 143 through 146; 40 CFR 257, Appendices 1 and 2A; 40 CFR 257.3-5(a)(1); 40 CFR 257.3-5(c); 40 CFR 261; 40 CFR 300; 40 CFR 302.4; 40 CFR 355, Appendix A; 40 CFR 401; 40 CFR 403; 40 CFR 405 through 415; 40 CFR 417 through 430; 40 CFR 432 through 440; 40 CFR 442 through 447; 40 CFR 449 through 451; 40 CFR 454 and 455; 40 CFR 457 through 461; 40 CFR 463 through 469; 40 CFR 471; 40 CFR 501; 40 CFR 503; 50 CFR 17.11; 50 CFR 17.12; 50 CFR 17.95 and 17.96; 82 FR 43500, amendment to 40 CFR 423; U.S. EPA Guidelines for Carcinogen Risk Assessment, EPA/630/P-03/001F, March 2005; U.S. EPA 2005 Supplemental Guidance, EPA/630/R-03/003F, March 2005, Supplemental Guidance for Assessing Susceptibility from Early-Life Exposure to Carcinogens; National Electrical Manufacturers Association, 250-2014; The National Electrical Code, NFPA 70, 2017; American Society for Testing and Materials, ASTM 2013, Standard Practice for Conducting Bioconcentration Tests with Fishes and Saltwater Bivalve Molluscs, Standard E 1022; 33 U.S.C. 1362(6); 42 U.S.C. 6903(5)
Small Business Regulatory Coordinator: Angela Taylor, IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison, IGCN 1316, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 233-0572 or (800) 988-7901, ctap@idem.in.gov
Small Business Assistance Program Ombudsman: Erin Moorhous, IDEM Small Business Assistance Program Ombudsman/Business, Agricultural, and Legislative Liaison, IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8921 or (800) 451-6027, emoorhous@idem.in.gov
Posted: 10/03/2018 by Legislative Services Agency
DIN: 20181003-IR-327170278FRA
Composed: Apr 19,2024 1:00:43PM EDT
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