R 323.1217 Compliance schedules.

(Effective July 29, 1997; revised January 13, 2006)

  Rule 1217.  (1)  If a permit issued to a new discharger contains a water quality-based effluent limitation (WQBEL) for a toxic substance, then the permittee shall comply with the limitation upon commencement of the discharge.  Compliance schedules may be granted for new or more stringent WQBELs contained in a modification to the permit or subsequently issued permits.

  (2)  Any existing permit that is reissued or modified to contain a new or more restrictive WQBEL for a toxic substance or a lower quantification level established under R 323.1213 may allow a reasonable period of time, up to 5 years from the date of permit issuance or modification, for the permittee to comply with the new or more restrictive WQBEL or lower quantification level.  When a compliance schedule goes beyond the term of a permit, an interim permit limit shall become effective on or before the permit expiration date.

  (3)  If a permit establishes a schedule of compliance under subrule (2) of this rule that exceeds 1 year from the date of permit issuance or modification, then the schedule shall set forth interim requirements and dates for achievement of the requirements, as appropriate.

  (4)  If a WQBEL for a toxic substance based upon a tier II value derived under R 323.1057 is included in a reissued or modified permit for an existing discharger, then the permit shall provide a reasonable period of time, up to 2 years, in which to provide additional data necessary to develop a tier I value or to modify the tier II value.  Information submitted to modify the tier II value may also include site-specific data and any such site-specific modifications shall be calculated according to the site-specific modification requirements of R 323.1057.  The permit shall require compliance with the tier II limitation within a reasonable period of time, which shall not be more than 5 years after permit issuance or modification, and shall contain a reopener clause.

  (5)  The reopener clause specified in subrule (4) of this rule shall authorize permit modifications if additional data have been provided by the permittee or a third party during the time allowed to provide the data and if the permittee or a third party demonstrates that a revised WQBEL for a toxic substance is appropriate.  The revised WQBEL shall be incorporated through a permit modification and a reasonable time period, up to 5 years from the date of modification, shall be allowed for compliance.  If incorporated before the compliance date of the original tier II limitation, any such revised WQBEL shall not be considered less stringent for purposes of the antibacksliding provisions of section 402(o) of the clean water act (CWA).

  (6)  If the specified studies have been completed and do not demonstrate that a revised WQBEL is appropriate, then the department shall provide a reasonable additional period of time, not to exceed 5 years, to achieve compliance with the original WQBEL.

  (7)  If future studies other than those conducted under subrule (4) of this rule result in a water quality value being changed to a less stringent value, after the effective date of a WQBEL for that substance, the existing WQBEL may be revised to be less stringent if 1 of the following provisions is met:

  (a)  The less stringent WQBEL complies with sections 402(o)(2) and (3) of the clean water act.

  (b)  The less stringent WQBEL complies with water quality standards or is consistent with a department-approved total maximum daily load in nonattainment waters.

  (c)  The less stringent WQBEL complies with R 323.1098 in attained waters.