Regulatory Requirements.pdf

REGULATORY REQUIREMENT

ATTACHMENTS

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

100 N. Senate Avenue • Indianapolis, IN 46204

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov

Eric J. Holcomb Bruno Pigott Governor Commissioner

An Equal Opportunity Employer

Recycled Paper

July 8, 2021

VIA ELECTRONIC MAIL

Ms. Linda Sorn, Chief, Engineering and Construction Division U.S. Army Corps of Engineers (USACE), Chicago District 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60605

Dear Ms. Sorn:

Re: NPDES Permit No. IN0062511 Indiana Harbor and Canal Confined Disposal Facility East Chicago, IN – Lake County

Your application for a National Pollutant Discharge Elimination System (NPDES) permit for authorization to discharge into the waters of the State of Indiana has been processed in accordance with Section 402 and 405 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), and IC 13-15, IDEM’s permitting authority. All discharges from this facility shall be consistent with the terms and conditions of this permit.

One condition of your permit requires periodic reporting of several effluent parameters. You are required to submit both federal discharge monitoring reports (DMRs) and state Monthly Monitoring Reports (MMRs) on a routine basis. The MMR form can be found on IDEM’s web site at http://www.in.gov/idem/cleanwater/2396.htm.

Once you are on this page, select the “IDEM Forms” page and locate the “Monthly Monitoring Report (MMR) for Industrial Discharge Permits-30530” under the Wastewater Facilities heading. We recommend selecting the “XLS” version because it will complete all of the calculations when you enter the data.

IDEM no longer accepts paper DMR or MMR. All NPDES permit holders are required to submit their monitoring data to IDEM using NetDMR. Please contact Rose McDaniel at (317) 233-2653 or Helen Demmings at (317) 232-8815 for more information on NetDMR. Information is also available on our website at http://IN.gov/idem/cleanwater/2422.htm.

http://www.in.gov/idem/cleanwater/2396.htm http://in.gov/idem/cleanwater/2422.htm

Ms. Linda Sorn, Chief, Engineering and Construction Division

Another condition, which needs to be clearly understood, concerns violation of the effluent limitations in the permit. Exceeding the limitations constitutes a violation of the permit and may subject the permittee to criminal or civil penalties. (See Part II A.2.) It is therefore urged that your office and treatment operator understand this part of the permit.

The draft NPDES permit for the Indiana Harbor and Canal Confined Disposal Facility was made available for public comment from April 28, 2021 through May 28, 2021 as part of Public Notice No. 20210428–IN0062511–D on IDEM’s website at https://www.in.gov/idem/6408.htm. A response to the comments contained in the letter dated May 3, 2021, from Joel Schmidt, Chief, Hydraulics and Engineering Section, pertaining to the draft NPDES permit is contained in the Post Public Notice Addendum.

The Post Public Notice Addendum is located at the end of the Briefing Memo.

It should also be noted that any appeal must be filed under procedures outlined in IC 13-15-6, IC 4-21.5, and the enclosed Public Notice. The appeal must be initiated by filing a petition for administrative review with the Office of Environmental Adjudication (OEA) within fifteen (15) days of the emailing of an electronic copy of this letter or within eighteen (18) days of the mailing of this letter by filing at the following addresses:

Director Commissioner Office of Environmental Adjudication Indiana Department of Environmental Management Indiana Government Center North Indiana Government Center North Room N103 Room 1301 100 North Senate Avenue 100 North Senate Avenue Indianapolis, Indiana 46204 Indianapolis, Indiana 46204

If you have any questions concerning the permit, please contact Taylor Wissel at 317/234-4260 or twissel@idem.in.gov. More information on the appeal review process is available at the website for the Office of Environmental Adjudication at http://www.in.gov/oea.

Sincerely, Jerry Dittmer, Chief Permits Branch Office of Water Quality

Enclosures cc: Lake County Health Department

Le Thai, USACE Joel Schmidt, USACE IDEM Northwest Regional Office Nick Ream, IDEM https://www.in.gov/idem/6408.htm http://www.in.gov/oea

Permit No. IN0062511

STATE OF INDIANA

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et seq., the “Clean Water Act” or “CWA”), and IDEM’s authority under IC13-15, U.S ARMY CORPS OF ENGINEERS, CHICAGO DISTRICT

INDIANA HARBOR AND CANAL CONFINED DISPOSAL FACILITY

is authorized to discharge from a confined disposal facility that is located at 3500 Indianapolis Boulevard, East Chicago, Indiana, to receiving waters identified as the Lake George Branch of the Indiana Harbor Canal in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit may be revoked for the nonpayment of applicable fees in accordance with IC 13-18- 20.

Effective Date: September 1, 2021

Expiration Date: August 31, 2026

In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Indiana Department of Environmental Management no later than 180 days prior to the date of expiration.

Issued on _July 8, 2021_ for the Indiana Department of Environmental Management.

Jerry Dittmer, Chief

Permits Branch Office of Water Quality

PART I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. The permittee is authorized to discharge from the outfall listed below in accordance with the terms and conditions of this permit. The permittee is authorized to discharge from Outfall 001, located at Latitude 41° 38’ 49”, Longitude -87° 29’ 06”. The discharge is limited to dredge water, groundwater, and some stormwater. Samples taken in compliance with the monitoring requirements below shall be taken at a point representative of the discharge but prior to entry into the Lake George Branch of the Indiana Harbor Canal. Such discharge shall be limited and monitored by the permittee as specified below:

DISCHARGE LIMITATIONS [1][2]

Outfall 001

Table 1

Quantity or Loading Quality or Concentration Monitoring Requirements Monthly Daily Monthly Daily Measurement Sample Parameter [7] Average Maximum Units Average Maximum Units Frequency Type Flow Report Report MGD -------- -------- ----- Daily 24-Hr. Total Oil & Grease -------- -------- ----- 10 15 mg/l 1 X Weekly Grab TSS -------- -------- ----- 5 10 mg/l 1 X Weekly 24-Hr. Composite Benzene -------- -------- ----- -------- 5 µg/l 1 X Weekly Grab Naphthalene -------- -------- ----- -------- 10 µg/l 1 X Weekly 24-Hr. Composite BTEX [11] -------- -------- ----- -------- 100 µg/l 1 X Weekly Grab Benzo(a)pyrene 0.00038 0.00090 lbs/day 0.075 0.18 µg/l 1 X Weekly 24-Hr. Composite Endrin -------- -------- ----- -------- 0.06 µg/l 2 X Monthly 24-Hr. Composite PCBs [6][8] 0.0000000070 0.000000017[9] lbs/day 0.0000014 0.0000033 µg/l 2 X Monthly 24-Hr. Composite Ammonia (as N) [12]

Summer 5.5 11.0 lbs/day 1.1 2.2 mg/l 1 X Weekly 24-Hr. Composite Winter 6.0 12.5 lbs/day 1.2 2.5 mg/l 1 X Weekly 24-Hr. Composite

TRC [6][8] 0.045 0.09 [9] lbs/day 0.009 0.018 mg/l 1 X Weekly Grab T. Chromium [4] 0.7 1.4 lbs/day 140 270 µg/l 1 X Weekly 24-Hr. Composite Hex. Chromium [5] 0.040 0.080 lbs/day 8 16 µg/l 1 X Weekly Grab Mercury [4] 0.0000065 0.000016 lbs/day 1.3 3.2 ng/l 6 X Annually [10] Grab Copper [4] 0.070 0.14 lbs/day 14 28 µg/l 1 X Weekly 24-Hr. Composite Zinc [4] 0.55 1.1 lbs/day 110 220 µg/l 1 X Weekly 24-Hr. Composite Lead [4] -------- -------- ----- 13 22 µg/l 2 X Monthly 24-Hr. Composite Whole Effluent Toxicity [13]

Acute -------- -------- ----- -------- Report TUa 2 X Annually [14] 24-Hr. Composite Chronic -------- -------- ----- 1.0 -------- TUc 2 X Annually [14] 24-Hr. Composite

Table 2

Quality or Concentration Monitoring Requirements Daily Daily Measurement Sample

Parameter Minimum Maximum Units Frequency Type pH [3] 6.0 9.0 s.u. 1 X Weekly Grab

[1] See Part I.B. of the permit for the minimum narrative limitations.

[2] In the event that a new water treatment additive is to be used that will contribute to this Outfall, or changes are to be made in the use of water treatment additives, including dosage, the permittee must apply for and receive approval from IDEM prior to such discharge. Discharges of any such additives must meet Indiana water quality standards. The permittee must apply for permission to use water treatment additives by completing and submitting State Form 50000 (Application for Approval to Use Water Treatment Additives) currently available at: http://www.in.gov/idem/5157.htm

[3] If the permittee collects more than one grab sample on a given day for pH, the values shall not be averaged for reporting daily maximums or daily minimums. The permittee must report the individual minimum and the individual maximum pH value of any sample during the month on the Monthly Monitoring Report form.

[4] The permittee shall measure and report the identified metal as total recoverable metal.

[5] Hexavalent chromium shall be measured and reported as dissolved metal. The hexavalent chromium sample type shall be by grab method. The maximum holding time for a hexavalent chromium sample is 28 days under 40 CFR 136.3(e), Table II.

However, as noted in footnote 20 of Table II, to achieve the 28-day holding time, the ammonium sulfate buffer solution specified in EPA Method 218.6 must be used.

This holding time allowance of 28-days supersedes the preservation and holding time requirements in the approved hexavalent chromium methods, unless this supersession would compromise the measurement, in which case the preservation and holding time requirements [the sample must be analyzed within 24 hours of collection] in the method must be followed.

[6] The monthly average water quality based effluent limit (WQBEL) for PCBs and total residual chlorine (TRC) are less than the limit of quantitation (LOQ) as specified below in footnote [7]. Compliance with the calculated monthly average limit will be demonstrated if the monthly average effluent level is less than or equal to the monthly average WQBEL. When calculating the monthly average effluent level, daily effluent values that are less than the LOQ, used to determine the monthly average effluent levels less than the LOQ, may be assigned a value of zero (0), unless, after considering the number of monitoring results that are greater than the limit of detection (LOD), and applying appropriate statistical techniques, a value other than zero (0) is warranted.

http://www.in.gov/idem/5157.htm

The daily maximum WQBEL for PCBs and TRC are less than the LOD as specified below in footnote [7]. Compliance with the daily maximum limit will be demonstrated if the observed effluent concentrations are less than the LOD.

Effluent levels greater than or equal to the LOD but less than the LOQ are in compliance with the daily maximum WQBEL, except when confirmed by a sufficient number of analyses of multiple samples and use of appropriate statistical techniques.

[7] The following EPA approved test methods and associated LODs and LOQs are to be used in the analysis of the effluent samples. Alternative methods may be used if first approved by IDEM and EPA, if applicable.

Parameter Test Method LOD LOQ Benzene 602 0.2 µg/l 0.64 µg/l Naphthalene 610 1.8 µg/l 5.7 µg/l Benzo(a)pyrene 610 0.023 µg/l 0.073 µg/l Benzo(a)pyrene 625 with SIM 0.031 µg/l 0.1 µg/l Endrin 610 0.006 µg/l 0.019 µg/l *Total PCBs 608 0.1 µg/l 0.3 µg/l

TRC 4500-Cl D-2000, E-2000, or G- 2000 0.02 mg/l 0.06 mg/l

Mercury 1631E 0.2 ng/l 0.5 ng/l

*Total PCBs is the sum of the following aroclors: PCB-1016, PCB-1221, PCB-1232, PCB-1242, PCB-1248, PCB-1254, and PCB-1260.

Case-Specific LOD/LOQ

The permittee may determine and use a case-specific LOD or LOQ using the analytical method specified above, or any other analytical method which is approved by the Commissioner, and EPA if applicable, prior to use. The LOD and LOQ shall be determined as established in 327 IAC 5-2-11.6(h)(2)(B).

[8] The permittee is required to develop and conduct a pollutant minimization program

(PMP) for each pollutant with a WQBEL below the LOQ as specified in footnote [7].

See Part I.E. of the permit for the Pollutant Minimization Program (PMP) requirements.

[9] Compliance with the daily maximum mass value for PCBs will be demonstrated if the calculated mass value is less than 0.0015 lbs/day.

Compliance with the daily maximum mass value for TRC will be demonstrated if the calculated mass value is less than 0.3 lbs/day.

[10] Mercury monitoring shall be conducted 6 X annually in the months of February, April, June, August, October, and December of each year for the term of the permit using EPA Test Method 1631, Revision E.

[11] Total BTEX is the sum of benzene (CAS No. 71432); toluene (CAS No. 108883);

ethylbenzene (CAS No. 100-41-4); and (m,p,o) xylenes (CAS Nos. 108-88-3, 106- 42-3, 95-47-6, and 1330-20-7).

[12] Summer limitations apply from May 1 through November 30. Winter limitations apply from December 1 through April 30.

[13] See Part I.D. of the Permit for Whole Effluent Toxicity Requirements.

[14] Samples shall be taken twice annually, once at any time during each of the following periods:

(A) May-June-July-August; and

(B) September-October-November-December.

For example, in the first period of May-June-July-August the permittee may conduct sampling within the month of May, June, July, or August. The result from this reporting timeframe shall be reported on the August DMR, regardless of which of the months within the period the sample was taken. Results from the second period of September-October-November-December shall be reported on the December

DMR.

B. MINIMUM NARRATIVE LIMITATIONS

At all times the discharge from any and all point sources specified within this permit shall not cause receiving waters:

1. including waters within the mixing zone, to contain substances, materials, floating debris, oil, scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that do any of the following:

a. will settle to form putrescent or otherwise objectionable deposits;

b. are in amounts sufficient to be unsightly or deleterious;

c. produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

d. are in amounts sufficient to be acutely toxic to , or to otherwise severely injure or kill aquatic life, other animals, plants, or humans;

e. are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

2. outside the mixing zone, to contain substances in concentrations that on the basis of available scientific data are believed to be sufficient to injure, be chronically toxic to, or be carcinogenic, mutagenic, or teratogenic to humans, animals, aquatic life, or plants.

C. MONITORING AND REPORTING

1. Representative Sampling

Samples and measurements taken as required herein shall be representative of the volume and nature of the discharge flow and shall be taken at times which reflect the full range and concentration of effluent parameters normally expected to be present. Samples shall not be taken at times to avoid showing elevated levels of any parameters..

2. Monthly Reporting

The permittee shall submit federal and state discharge monitoring reports to the Indiana Department of Environmental Management (IDEM) containing results obtained during the previous month and shall be submitted no later than the 28th day of the month following each completed monitoring period.

The first report shall be submitted by the 28th day of the month following the month in which the permit becomes effective.

These reports shall include, but not necessarily be limited to, the Discharge Monitoring Report (DMR) and the Monthly Monitoring Report (MMR). All reports shall be submitted electronically by using the NetDMR application, upon registration, receipt of the NetDMR Subscriber Agreement, and IDEM approval of the proposed NetDMR Signatory. Access the NetDMR website (for initial registration and DMR/MMR submittal) via CDX at:

https://cdx.epa.gov/. The Regional Administrator may request the permittee to submit monitoring reports to the Environmental Protection Agency if it is deemed necessary to assure compliance with the permit. See Part II.C.10 of this permit for Future Electronic Reporting Requirements.

a. For parameters with monthly average water quality based effluent limitations (WQBELs) below the LOQ, daily effluent values that are less than the limit of quantitation (LOQ) may be assigned a value of zero (0), unless, after considering the number of monitoring results that are greater than the limit of detection (LOD), and applying appropriate statistical techniques, a value other than zero (0) is warranted.

b. For all other parameters for which the monthly average WQBEL is equal to or greater than the LOQ, calculations that require averaging of measurements of daily values (both concentration and mass) shall use an arithmetic mean, except the monthly average for E. coli shall be calculated as a geometric mean. Daily effluent values that are less than the LOQ, that are used to determine the monthly average effluent level shall be accommodated in calculation of the average using statistical methods that have been approved by the Commissioner.

c. Effluent concentrations less than the LOD shall be reported on the Discharge Monitoring Report (DMR) forms as < (less than) the value of the LOD. For example, if a substance is not detected at a concentration of 0.1 µg/l, report the value as <0.1 µg/l.

d. Effluent concentrations greater than or equal to the LOD and less than the LOQ that are reported on a DMR shall be reported as the actual value and annotated on the DMR to indicate that the value is not quantifiable.

e. Mass discharge values which are calculated from concentrations reported as less than the value of the limit of detection shall be reported as less than the corresponding mass discharge value.

f. Mass discharge values that are calculated from effluent concentrations greater than the limit of detection shall be reported as the calculated value.

https://cdx.epa.gov/

3. Definitions

a. “Monthly Average” means the total mass or flow-weighted concentration of all daily discharges during a calendar month on which daily discharges are sampled or measured, divided by the number of daily discharges sampled and/or measured during such calendar month.

The monthly average discharge limitation is the highest allowable average monthly discharge for any calendar month.

b. “Daily Discharge” means the total mass of a pollutant discharged during the calendar day or, in the case of a pollutant limited in terms other than mass pursuant to 327 IAC 5-2-11(e), the average concentration or other measurement of the pollutant specified over the calendar day or any twenty-four hour period that reasonably represents the calendar day for the purposes of sampling.

c. “Daily Maximum” means the maximum allowable daily discharge for any calendar day.

d. A “24-hour composite sample” means a sample consisting of at least 3 individual flow-proportioned samples of wastewater, taken by the grab sample method or by an automatic sampler, which are taken at approximately equally spaced time intervals for the duration of the discharge within a 24-hour period and which are combined prior to analysis. A flow-proportioned composite sample may be obtained by:

(1) recording the discharge flow rate at the time each individual sample is taken,

(2) adding together the discharge flow rates recorded from each individuals sampling time to formulate the “total flow” value,

(3) the discharge flow rate of each individual sampling time is divided by the total flow value to determine its percentage of the total flow value,

(4) then multiply the volume of the total composite sample by each individual sample’s percentage to determine the volume of that individual sample which will be included in the total composite sample.

e. “Concentration” means the weight of any given material present in a unit volume of liquid. Unless otherwise indicated in this permit, concentration values shall be expressed in milligrams per liter (mg/l).

f. The “Regional Administrator” is defined as the Region 5 Administrator, U.S. EPA, located at 77 West Jackson Boulevard, Chicago, Illinois 60604.

g. The “Commissioner” is defined as the Commissioner of the Indiana

Department of Environmental Management, which is located at the following address: 100 North Senate Avenue, Indianapolis, Indiana 46204.

h. “Limit of Detection” or “LOD” means the minimum concentration of a substance that can be measured and reported with ninety-nine percent (99%) confidence that the analyte concentration is greater than zero (0) for a particular analytical method and sample matrix.

i. “Limit of Quantitation” or “LOQ” means a measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calibrated at a specified concentration above the method detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant. This term is also sometimes called limit quantification or quantification level.

j. “Method Detection Level” or “MDL” means the minimum concentration of an analyte (substance) that can be measured and reported with a ninety-nine percent (99%) confidence that the analyte concentration is greater than zero (0) as determined by procedure set forth in 40 CFR 136, Appendix B. The method detection level or MDL is equivalent to the LOD.

k. “Grab Sample” means a sample which is taken from a wastestream on a one-time basis without consideration of the flow rate of the wastestream and without considerations of time.

4. Test Procedures

The analytical and sampling methods used shall conform to the version of 40 CFR 136 incorporated by reference in 327 IAC 5. Different but equivalent methods are allowable if they receive the prior written approval of the Commissioner and the U.S. Environmental Protection Agency. When more than one test procedure is approved for the purposes of the NPDES program under 40 CFR 136 for the analysis of a pollutant or pollutant parameter, the test procedure must be sufficiently sensitive as defined at 40 CFR 122.21(e)(3) and 122.44(i)(1)(iv).

5. Recording of Results

For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall maintain records of all monitoring information and monitoring activities, including:

a. The date, exact place and time of sampling or measurement;

b. The person(s) who performed the sampling or measurements;

c. The date(s) analyses were performed;

d. The person(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such measurements and analyses.

6. Additional Monitoring by Permittee

If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of this monitoring shall be included in the calculation and reporting of the values required in the monthly Discharge Monitoring Report (DMR) and Monthly Monitoring Report (MMR).

Such increased frequency shall also be indicated. Other monitoring data not specifically required in this permit (such as internal process or internal waste stream data) which is collected by or for the permittee need not be submitted unless requested by the Commissioner.

7. Records Retention

All records and information resulting from the monitoring activities required by this permit, including all records of analyses performed and calibration and maintenance of instrumentation and recording from continuous monitoring instrumentation, shall be retained for a minimum of three (3) years. In cases where the original records are kept at another location, a copy of all such records shall be kept at the permitted facility. The three years shall be extended:

a. automatically during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or regarding promulgated effluent guidelines applicable to the permittee; or

b. as requested by the Regional Administrator or the Indiana Department of Environmental Management.

D. WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS

To adequately assess the effects of the effluent on aquatic life, the permittee is required by this section of the permit to conduct chronic whole effluent toxicity (WET) testing. Part I.D.1. of this permit describes the testing procedures and Part I.D.2. describes the toxicity reduction evaluation (TRE) which is only required if the effluent demonstrates toxicity in two (2) consecutive toxicity tests as described in Part I.D.1.f.

1. Whole Effluent Toxicity (WET) Tests

The permittee must conduct the series of aquatic toxicity tests specified in Part I.D.1.d. to monitor the acute and chronic toxicity of the effluent discharged from Outfall(s) 001.

If toxicity is demonstrated in two (2) consecutive toxicity tests, as described in Part I.D.1.f., with any test species during the term of the permit, the permittee is required to conduct a TRE under Part I.D.2.

a. Toxicity Test Procedures and Data Analysis

(1) All test organisms, test procedures and quality assurance criteria used must be in accordance with the Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, Fourth Edition, Section 11, Fathead Minnow (Pimephales promelas) Larval Survival and Growth Test Method 1000.0, and Section 13, Daphnid (Ceriodaphnia dubia) Survival and Reproduction Test Method 1002.0, EPA 821-R-02-013, October 2002 (hereinafter “Chronic Toxicity Test Method”), or most recent update that conforms to the version of 40 CFR 136 incorporated by reference in 327 IAC 5. [References to specific portions of the Chronic Toxicity Test Method contained in this Part I.D. are provided for informational purposes. If the Chronic Toxicity Test Method is updated, the corresponding provisions of that updated method would be applicable.]

(2) Any circumstances not covered by the above methods, or that require deviation from the specified methods must first be approved by the IDEM Permits Branch.

(3) The determination of acute and chronic endpoints of toxicity (LC50, NOEC and IC25 values) must be made in accordance with the procedures in Section 9, “Chronic Toxicity Test Endpoints and Data Analysis” and the Data Analysis procedures as outlined in Section 11 for fathead minnow (Test Method 1000.0; see flowcharts in Figures 5, 6 and 9) and Section 13 for Ceriodaphnia dubia (Test Method 1002.0; see flowcharts in Figures 4 and 6) of the Chronic Toxicity Test Method. The IC25 value together with 95% confidence intervals calculated by the Linear Interpolation and Bootstrap Methods in Appendix M of the Chronic Toxicity Test Method must be determined in addition to the NOEC value.

b. Types of Whole Effluent Toxicity Tests

(1) Tests may include a 3-brood (7-day) definitive static-renewal daphnid (Ceriodaphnia dubia) survival and reproduction toxicity test and a 7-day definitive static-renewal fathead minnow (Pimephales promelas) larval survival and growth toxicity test.

(2) All tests must be conducted using 24-hour composite samples of final effluent. Three effluent samples are to be collected on alternate days (e.g., collected on days one, three and five).

The first effluent sample will be used for test initiation and for test solution renewal on day 2. The second effluent sample will be used for test solution renewal on days 3 and 4. The third effluent sample will be used for test solution renewal on days 5, 6 and 7. If shipping problems are encountered with renewal samples after a test has been initiated, the most recently used sample may continue to be used for test renewal, if first approved by the IDEM Permits Branch, but for no longer than 72 hours after first use.

(3) The whole effluent dilution series for the definitive test must include a control and at least five effluent concentrations with a minimum dilution factor of 0.5. The effluent concentrations selected must include and, if practicable, bracket the effluent concentrations associated with the determinations of acute and chronic toxicity provided in Part I.D.1.f. Guidance on selecting effluent test concentrations is included in Section 8.10 of the Chronic Toxicity Test Method. The use of an alternate procedure for selecting test concentrations must first be approved by the IDEM Permits Branch.

(4) If, in any control, more than 10% of the test organisms die in the first 48 hours with a daphnid species or the first 96 hours with fathead minnow, or more than 20% of the test organisms die in 7 days, that test is considered invalid and the toxicity test must be repeated. In addition, if in the Ceriodaphnia dubia survival and reproduction test, the average number of young produced per surviving female in the control group is less than 15, or if 60% of surviving control females have less than three broods; and in the fathead minnow (Pimephales promelas) survival and growth test, if the mean dry weight of surviving fish in the control group is less than 0.25 mg, that test is considered invalid and must also be repeated. All other test conditions and test acceptability criteria for the fathead minnow (Pimephales promelas) and Ceriodaphnia dubia chronic toxicity tests must be in accordance with the test requirements in Section 11 (Test Method 1000.0), Table 1 and Section 13 (Test Method 1002.0), Table 3, respectively, of the Chronic Toxicity Test Method.

c. Effluent Sample Collection and Chemical Analysis

(1) Whole effluent samples taken for the purposes of toxicity testing must be 24-hour composite samples collected at a point that is representative of the final effluent, but prior to discharge.

Effluent sampling for the toxicity testing may be coordinated with other permit sampling requirements as appropriate to avoid duplication. First use of the whole effluent toxicity testing samples must not exceed 36 hours after termination of the 24-hour composite sample collection and must not be used for longer than 72 hours after first use. For discharges of less than 24 hours in duration, composite samples must be collected for the duration of the discharge within a 24-hour period (see “24-hour composite sample” definition in Part I.C.3. of this permit).

(2) Chemical analysis must accompany each effluent sample taken for toxicity testing, including each sample taken for the repeat testing as outlined in Part I.D.1.f.(3). The chemical analysis detailed in Part I.A.1. must be conducted for the effluent sample in accordance with Part I.C.4. of this permit.

d. Toxicity Testing Species, Frequency and Duration

Chronic toxicity testing for Ceriodaphnia dubia and fathead minnow (Pimephales promelas) must be conducted twice annually, once during the period of May-June-July-August, and once during the period of September-October-November-December for the duration of the permit.

If a TRE is initiated during the term of the permit, after receiving notification under Part I.D.1.e, the Compliance Data Section will suspend the toxicity testing requirements above for the term of the TRE compliance schedule described in Part I.D.2. After successful completion of the TRE, the toxicity tests established under Part I.D.2.c.(4) must be conducted twice annually, once during the period of May-June-July-August, and once during the period of September- October-November-December for the duration of the permit as calculated from the first day of the first month following successful completion of the post-TRE toxicity tests (see Part I.D.2.c.(4)), for the remainder of the permit term.

e. Reporting

(1) Notifications of intent to reduce the number of species tested to the one most sensitive to the toxicity in the effluent under Part I.D.1.d., or notifications of the failure of two (2) consecutive toxicity tests and the intent to begin the implementation of a toxicity reduction evaluation (TRE) under Part I.D.1.f.(4) must be submitted in writing to the Compliance Data Section of IDEM’s Office of Water Quality.

(2) Results of all toxicity tests, including invalid tests, must be reported to IDEM according to the general format and content recommended in the Chronic Toxicity Test Method, Section 10, “Report Preparation and Test Review”. However, only the results of valid toxicity tests are to be reported on the discharge monitoring report (DMR). The results of the toxicity tests and laboratory report are due by the earlier of 60 days after completion of the test or the 28th day of the month following the end of the period established in Part I.D.1.d.

(3) The full whole effluent toxicity (WET) test laboratory report must be submitted to IDEM electronically as an attachment to an e-mail to the Compliance Data Section at wwreports@idem.IN.gov. The results must also be submitted via NetDMR.

mailto:wwreports@idem.IN.gov

(4) For quality control and ongoing laboratory performance, the laboratory report must include results from appropriate standard reference toxicant tests. This will consist of acute (LC50 values), if available, and chronic (NOEC, LOEC and IC25 values) endpoints of toxicity obtained from reference toxicant tests conducted within 30 days of the most current effluent toxicity tests and from similarly obtained historical reference toxicant data with mean values and appropriate ranges for each species tested for at least three months to one year. Toxicity test laboratory reports must also include copies of chain-of-custody records and laboratory raw data sheets.

(5) Statistical procedures used to analyze and interpret toxicity data (e.g., Fisher’s Exact Test and Steel’s Many-one Rank Test for 7-day survival of test organisms; tests of normality (e.g., Shapiro-Wilk’s Test) and homogeneity of variance (e.g., Bartlett’s Test); appropriate parametric (e.g., Dunnett’s Test) and non-parametric (e.g., Steel’s Many-one Rank Test) significance tests and point estimates (IC25) of effluent toxicity, etc.; together with graphical presentation of survival, growth and reproduction of test organisms), including critical values, levels of significance and 95% confidence intervals, must be described and included as part of the toxicity test laboratory report.

(6) For valid toxicity tests, the whole effluent toxicity (WET) test laboratory report must include a summary table of the results for each species tested as shown in the table presented below.

This table will provide toxicity test results, reported in acute toxic units (TUa) and chronic toxic units (TUc), for evaluation under Part I.D.1.f. and reporting on the discharge monitoring report (DMR).

Test Organism [1] Test Type Endpoint [2] Units Result

Compliance Limit

Pass/ Fail [7] Reporting

Ceriodaphnia dubia

3-brood (7-day) Definitive Static- Renewal Survival and Reproduction

48-hr. LC50 % Report

Laboratory Report

TUa Report

NOEC

Survival

% Report TUc Report

NOEC

Reproduction

% Report TUc Report

IC25

Reproduction

% Report TUc Report

Toxicity (acute) [3] TUa Report

[5] 1.0 [6] Report

Laboratory Report and NetDMR (Parameter Code 61425)

Toxicity (chronic) [4] TUc Report

[5] 1.0 Report

Laboratory Report and NetDMR (Parameter Code 61426)

Pimephales promelas

7-day Definitive Static- Renewal Larval Survival and Growth

96-hr. LC50 % Report

Laboratory Report

TUa Report

NOEC

Survival

% Report TUc Report

NOEC

Growth

% Report TUc Report

IC25

Growth

% Report TUc Report

Toxicity (acute) [3] TUa Report

[5] 1.0 [6] Report

Laboratory Report and NetDMR (Parameter Code 61427)

Toxicity (chronic) [4] TUc Report

[5] 1.0 Report

Laboratory Report and NetDMR (Parameter Code 61428)

[1] For the whole effluent toxicity (WET) test laboratory report, eliminate from the table any species that was not tested.

[2] A separate acute test is not required. The endpoint of acute toxicity must be extrapolated from the chronic toxicity test.

[3] The toxicity (acute) endpoint for Ceriodaphnia dubia is the 48-hr. LC50 result reported in acute toxic units (TUa). The toxicity (acute) endpoint for Pimephales promelas is the 96-hr. LC50 result reported in acute toxic units (TUa).

[4] The toxicity (chronic) endpoint for Ceriodaphnia dubia is the higher of the NOEC Survival, NOEC Reproduction and IC25 Reproduction values reported in chronic toxic units (TUc). The toxicity (chronic) endpoint for Pimephales promelas is the higher of the NOEC Survival, NOEC Growth and IC25 Growth values reported in chronic toxic units (TUc).

[5] Report the values for acute and chronic endpoints of toxicity determined in [3] and [4] for the corresponding species. These values are the ones that need to be reported on the discharge monitoring report (DMR).

[6] These values do not represent effluent limitations, but rather exceedance of these values results in a demonstration of toxicity that triggers additional action and reporting by the permittee.

[7] If the toxicity result (in TUs) is less than or equal to the compliance limit, report “Pass”. If the toxicity result (in TUs) exceeds the compliance limit, report “Fail”.

f. Demonstration of Toxicity

(1) Toxicity (acute) will be demonstrated if the effluent is observed to have exceeded 1.0 TUa (acute toxic units) for Ceriodaphnia dubia in 48 hours or in 96 hours for Pimephales promelas. For this purpose, a separate acute toxicity test is not required. The results for the acute toxicity demonstration must be extrapolated from the chronic toxicity test. For the purpose of selecting test concentrations under Part I.D.1.b.(3), the effluent concentration associated with acute toxicity is 100%.

(2) Toxicity (chronic) will be demonstrated if the effluent is observed to have exceeded 1.0 TUc (chronic toxic units) for Ceriodaphnia dubia or Pimephales promelas from the chronic toxicity test. For the purpose of selecting test concentrations under Part I.D.1.b.(3), the effluent concentration associated with chronic toxicity is 100%.

(3) If toxicity (acute) or toxicity (chronic) is demonstrated in any of the chronic toxicity tests specified above, a repeat chronic toxicity test using the procedures in Part I.D.1. of this permit and the same test species must be initiated within two (2) weeks of test failure. During the sampling for any repeat tests, the permittee must also collect and preserve sufficient effluent samples for use in any toxicity identification evaluation (TIE) and/or toxicity reduction evaluation (TRE), if necessary.

(4) If any two (2) consecutive chronic toxicity tests, including any and all repeat tests, demonstrate acute or chronic toxicity, the permittee must notify the Compliance Data Section under Part I.D.1.e. within 30 days of the date of termination of the second test, and begin the implementation of a toxicity reduction evaluation (TRE) as described in Part I.D.2. After receiving notification from the permittee, the Compliance Data Section will suspend the whole effluent toxicity testing requirements in Part I.D.1. for the term of the TRE compliance schedule.

g. Definitions

(1) “Acute toxic unit” or “TUa” is defined as 100/LC50 where the LC50 is expressed as a percent effluent in the test medium of an acute whole effluent toxicity (WET) test that is statistically or graphically estimated to be lethal to fifty percent (50%) of the test organisms.

(2) “Chronic toxic unit” or “TUc” is defined as 100/NOEC or 100/IC25, where the NOEC or IC25 are expressed as a percent effluent in the test medium.

(3) “Inhibition concentration 25” or “IC25” means the toxicant

(effluent) concentration that would cause a twenty-five percent (25%) reduction in a nonquantal biological measurement for the test population. For example, the IC25 is the concentration of toxicant (effluent) that would cause a twenty-five percent (25%) reduction in mean young per female or in growth for the test population.

(4) “No observed effect concentration” or “NOEC” is the highest concentration of toxicant (effluent) to which organisms are exposed in a full life cycle or partial life cycle (short term) test, that causes no observable adverse effects on the test organisms, that is, the highest concentration of toxicant (effluent) in which the values for the observed responses are not statistically significantly different from the controls.

2. Toxicity Reduction Evaluation (TRE) Schedule of Compliance

The development and implementation of a TRE is only required if toxicity is demonstrated in two (2) consecutive tests as described in Part I.D.1.f.(4).

The post-TRE toxicity testing requirements in Part I.D.2.c. must also be completed as part of the TRE compliance schedule.

Milestone Dates: See a. through e. below for more detail on the TRE milestone dates.

Requirement Deadline Development and Submittal of a TRE Plan

Within 90 days of the date of two (2) consecutive failed toxicity tests.

Initiate a TRE Study Within 30 days of TRE Plan submittal.

Submit TRE Progress Reports Every 90 days beginning six (6) months from the date of two (2) consecutive failed toxicity tests.

Post-TRE Toxicity Testing Requirements

Immediately upon completion of the TRE, conduct three (3) consecutive months of toxicity tests with both test species; if no acute or chronic toxicity is shown with any test species, reduce toxicity tests to twice annually, once during the period of May-June-July-August, and once during the period of September-October-November- December for the remainder of the permit term.

If post-TRE toxicity testing demonstrates toxicity, continue the TRE study.

Submit Final TRE Report

Within 90 days of successfully completing the TRE (including the post-TRE toxicity testing requirements), not to exceed three (3) years from the date that toxicity is initially demonstrated in two (2) consecutive toxicity tests.

a. Development of TRE Plan

Within 90 days of the date of two (2) consecutive failed toxicity tests (i.e. the date of termination of the second test), the permittee must submit plans for an effluent TRE to the Compliance Data Section. The TRE plan must include appropriate measures to characterize the causative toxicants and reduce toxicity in the effluent discharge to levels that demonstrate no toxicity with any test species as described in Part I.D.1.f. Guidance on conducting effluent toxicity reduction evaluations is available from EPA and from the EPA publications listed below:

(1) Methods for Aquatic Toxicity Identification Evaluations:

Phase I Toxicity Characterization Procedures, Second Edition (EPA/600/6-91/003), February 1991.

Phase II Toxicity Identification Procedures for Samples Exhibiting Acute and Chronic Toxicity (EPA/600/R-92/080), September 1993.

Phase III Toxicity Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity (EPA/600/R-92/081), September 1993.

(2) Toxicity Identification Evaluation: Characterization of

Chronically Toxic Effluents, Phase I (EPA/600/6-91/005F), May 1992.

(3) Generalized Methodology for Conducting Industrial Toxicity

Reduction Evaluations (TREs) (EPA/600/2-88/070), April 1989.

(4) Clarifications Regarding Toxicity Reduction and Identification

Evaluations in the National Pollutant Discharge Elimination System Program, U.S. EPA, March 27, 2001.

b. Conduct the TRE

Within 30 days after submittal of the TRE plan to the Compliance Data Section, the permittee must initiate the TRE consistent with the TRE plan.

c. Post-TRE Toxicity Testing Requirements

(1) After completing the TRE, the permittee must conduct monthly post-TRE toxicity tests with the two (2) test species Ceriodaphnia dubia and fathead minnow (Pimephales promelas) for a period of three (3) consecutive months.

(2) If the three (3) monthly tests demonstrate no toxicity with any test species as described in Part I.D.1.f., the TRE will be considered successful. Otherwise, the TRE study must be continued.

(3) The post-TRE toxicity tests must be conducted in accordance with the procedures in Part I.D.1. The results of these tests must be submitted as part of the final TRE Report required under Part I.D.2.d.

(4) After successful completion of the TRE, the permittee must resume the chronic toxicity tests required in Part I.D.1. The established starting date for the frequency in Part I.D.1.d. is the first day of the first month following successful completion of the post-TRE toxicity tests.

d. Reporting

(1) Progress reports must be submitted every 90 days to the Compliance Data Section beginning six (6) months from the date of two (2) consecutive failed toxicity tests. Each TRE progress report must include a listing of proposed activities for the next quarter and a schedule to reduce toxicity in the effluent discharge to acceptable levels through control of the toxicant source or treatment of whole effluent.

(2) Within 90 days of successfully completing the TRE, including the three (3) consecutive monthly tests required as part of the post-TRE toxicity testing requirements in Part I.D.2.c., the permittee must submit to the Compliance Data Section a final TRE Report that includes the following:

(A) A discussion of the TRE results;

(B) The starting date established under Part I.D.2.c.(4) for the continuation of the toxicity testing required in Part I.D.1.; and

(C) If applicable, the intent to reduce the number of species tested to the one most sensitive to the toxicity in the effluent under Part I.D.2.c.(4).

e. Compliance Date

The permittee must complete items a., b., c., and d. from Part I.D.2.

and reduce toxicity in the effluent discharge to acceptable levels as soon as possible, but no later than three (3) years from the date that toxicity is initially demonstrated in two (2) consecutive toxicity tests (i.e. the date of termination of the second test) as described in Part I.D.1.f.(4).

E. POLLUTION MINIMIZATION PROGRAM

The permittee is required to develop and conduct a pollutant minimization program (PMP) for each pollutant with a WQBEL below the LOQ. This permit contains a WQBEL below the LOQ for PCBs and TRC.

During the previous permit term, the permittee demonstrated that the discharge of PCBs and TRC, both of which have a WQBEL below the LOQ, is reasonably expected to be in compliance with the WQBEL at the point of discharge into the receiving water. Therefore an updated pollution minimization program is not required.

a. The goal of the pollutant minimization program shall be to maintain the effluent at or below the WQBEL. The pollutant minimization program shall include, but is not limited to, the following:

(1) Submit a control strategy designed to proceed toward the goal within ninety (90) days of the effective date of this permit.

(2) Implementation of appropriate cost-effective control measures, consistent with the control strategy within one hundred and eighty

(180) days of the effective date of this permit.

(3) Monitor as necessary to record the progress toward the goal.

Potential sources of the pollutant shall be monitored on a semi-annual basis. Quarterly monitoring of the influent of the wastewater treatment system is also required. The permittee may request a reduction in this monitoring requirement after four quarters of monitoring data.

(4) Submit an annual status to the Commissioner at the address listed in

Part I.C.3.g. to the attention of the Office of Water Quality, Compliance Data Section, by January 31 of each year that includes the following information:

(i) All minimization program monitoring results for the previous year.

(ii) A list of potential sources of the pollutant.

(iii) A summary of all actions taken to reduce or eliminate the identified sources of the pollutant.

(5) A pollution minimization program may include the submittal of pollution prevention strategies that use changes in production process technology, materials, processes, operations, or procedures to reduce or eliminate the source of the pollutant.

b. No pollution minimization program is required if the permittee demonstrates that the discharge of a pollutant with a WQBEL below the LOQ is reasonably expected to be in compliance with the WQBEL at the point of discharge into the receiving water. This demonstration may include, but is not limited to, the following:

(1) Treatment information, including information derived from modeling the destruction of removal of the pollutant in the treatment process.

(2) Mass balance information.

(3) Fish tissue studies or other biological studies.

c. In determining appropriate cost-effective control measures to be implemented in a pollution minimization program, the following factors may be considered:

(1) Significance of sources.

(2) Economic and technical feasibility.

(3) Treatability.

F. REOPENING CLAUSES

This permit may be modified, or alternately, revoked and reissued, after public notice and opportunity for hearing:

1. to comply with any applicable effluent limitation or standard issued or approved under 301(b)(2)(C),(D) and (E), 304 (b)(2), and 307(a)(2) of the Clean Water Act, if the effluent limitation or standard so issued or approved:

a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or

b. controls any pollutant not limited in the permit.

2. for any of the causes listed under 327 IAC 5-2-16.

3. to include Whole Effluent Toxicity (WET) limitations or to include limitations for specific toxicants if the results of the WET testing and/or the Toxicity Reduction Evaluation (TRE) study indicate that such limitations are necessary.

4. to include a case-specific Limit of Detection (LOD) and/or Limit of

Quantitation (LOQ). The permittee must demonstrate that such action is…