§ 95.4. Extensions of time to achieve water quality based effluentlimitations.
(a) The Department may grant a discharger an extension of time to achieve water quality based effluent limitations imposed under Chapter 93 (relating to water quality standards) for specific pollutants, if all of the following requirements are met:
(1) The discharge was in existence on October 8, 1979, or the date on which the water quality standards applicable to the specific pollutants were originally promulgated, whichever is later.
(2) The discharger either:
(i) Has installed Best Demonstrated Technology (BDT) as defined in this section.
(ii) Has installed Best Available Technology Economically Achievable (BAT), Best Conventional Pollutant Control Technology (BCT), or new source standards of performance, as applicable, established by the Administrator of the United States Environmental Protection Agency under 33 U.S.C.A. § § 1314(b) and 1316 or their equivalent as determined by the Department and will install BDT in accordance with a schedule acceptable to the Department.
(3) The installation of BDT will not result in the discharger achieving the water quality based effluent limitations for the pollutants in question.
(4) The discharger demonstrates, to the satisfaction of the Department, additional efforts to meet the water quality based effluent limitations by:
(i) Modifying process materials or production methods; or both.
(ii) Utilizing an alternate point of wastewater discharge—including the use of land application of wastewater.
(iii) Implementing wastewater management practices such as wastewater recycling, wastewater reuse and good housekeeping.
(iv) Conducting research into the application of new or innovative wastewater treatment technologies or management practices—including carrying out pilot-plant operations of sufficient size and duration to demonstrate adequately the technical feasibility of such treatment technologies or management practices.
(b) Subsection (a) shall not apply to any of the following:
(1) New sources as defined under 33 U.S.C.A. § 1316.
(2) Toxic pollutant effluent standards or prohibitions established under 33 U.S.C.A. § 1317(a).
(3) Dischargers which have a history of noncompliance with the Clean Streams Law (35 P. S. § § 691.1—691.1001) or the regulations promulgated thereunder, this article, or the terms and conditions of permits or Department orders issued pursuant thereto. A discharger’s timely installation of BDT and the other methods set forth in subsection (a)(4) which do not result in achievement of water quality based effluent limitations, shall not be considered noncompliance for the purposes of this subsection.
(c) Requests for time extensions shall be in writing, and shall contain information sufficient to demonstrate that the requirements specified in subsection (a) have been, or will be, met.
(d) Extensions shall be for a limited period of time, not to exceed 5 years, which will be specified by the Department in permits issued under the Clean Streams Law (35 P. S. § § 691.1—691.1001). A discharger’s extension of time may be renewed, for a period of time for each extension not to exceed 5 years, if the requirements for the extension continue to be met.
(e) During the initial extension period, and subsequent extension renewal, the discharger shall submit periodic progress reports to the Department, at a frequency acceptable to the Department, but in no case less than once every year detailing its efforts to meet the water quality based effluent limitations in question.
(f) Failure by the discharger to implement any of the requirements contained in subsections (a)—(e) will result in the imposition and enforcement by the Department of the required water quality based effluent limitations.
(g) The following definition shall apply for the purpose of implementing subsections (a)—(f): Best Demonstrated Technology (BDT)—The combination of wastewater treatment technologies and management practices which have been demonstrated, to the satisfaction of the Department, to achieve the most effective degree of pollutant reduction applicable to the type of wastewater and pollutants in question. The determination of BDT shall be based upon the documented results of either full-scale installation and operation of treatment technologies and management practices, or investigation and pilot-plant operations carried out by the discharger. In no case shall BDT be less stringent than Best Available Technology Economically Achievable (BAT), Best Conventional Pollutant Control Technology (BCT), or standards of performance for new sources for the wastewater and pollutants as determined by the Administrator of the United States Environmental Protection Agency under 33 U.S.C.A. § § 1314(b) and 1316.
Source The provisions of this § 95.4 amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 544. Immediately preceding text appears at serial pages (44653) to (44654).
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