§ 92.21a. Additional application requirements for classes of dischargers.

 (a)  Existing industrial discharges. Dischargers of industrial waste from sources other than new sources or new discharges subject to subsection (b), nonprocess wastewater discharges subject to subsection (c) and stormwater discharges associated with industrial activity subject to subsection (d), shall submit the applicable information required to be submitted under 40 CFR 122.21(g)(1)—(7) and (g)(9)—(13) (relating to application for a permit), which is incorporated by reference.

 (b)  New sources and new discharges. Except for new discharges of industrial facilities which discharge nonprocess wastewater subject to subsection (c) and new discharges of stormwater associated with industrial activity subject to subsection (d), new discharges and new sources applying for NPDES permits shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(k), which is incorporated by reference.

 (c)  Nonprocess industrial waste discharges. Except for stormwater discharges associated with industrial activity subject to subsection (d), industrial waste dischargers applying for NPDES permits which discharge only nonprocess wastewater not regulated by an effluent limitation guideline or new source performance standard shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(h), which is incorporated by reference.

 (d)  Stormwater discharges associated with industrial activity. Applicants for individual NPDES permits for the discharge of stormwater associated with industrial activity shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(g)(7) and 122.26(c)(1) (relating to storm water discharges (applicable to state NPDES program)), which are incorporated by reference. In addition, stormwater dischargers associated with construction activity shall submit information required in §  102.4 (relating to erosion and sediment control requirements) as appropriate.

 (e)  New and existing sewage dischargers. The following additional application requirements apply to new and existing sewage dischargers (including POTWs and privately owned treatment works), as applicable except where aquatic communities are essentially excluded as documented by water quality data confirming the absence of the communities and confirming the lack of a trend of water quality improvement in the waterbody:

   (1)  The following sewage dischargers shall provide the results of whole effluent toxicity testing to the Department:

     (i)   Sewage dischargers with design influent flows equal to or greater than 1 million gallons per day.

     (ii)   Sewage dischargers with approved pretreatment programs or required to develop a pretreatment program.

   (2)  In addition to the sewage dischargers in paragraph (1), the Department may require other sewage dischargers to submit the results of toxicity tests with their permit applications, based on consideration of the following factors:

     (i)   The variability of the pollutants or pollutant parameters in the sewage effluent (based on chemical-specific information, the type of treatment facility and types of industrial contributors).

     (ii)   The dilution of the effluent in the receiving water (ratio of effluent flow to receiving stream flow).

     (iii)   Existing controls on point or nonpoint sources, including calculations of total maximum daily loads (TMDLs), as defined in §  96.1 (relating to definitions), for the waterbody segment, and the relative contribution of the sewage discharger.

     (iv)   Receiving surface water characteristics, including possible or known water quality impairment, and whether the sewage discharges to an estuary, one of the Great Lakes or a Water which is classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards).

     (v)   Other considerations including, but not limited to, the history of toxic impact and compliance problems at the sewage discharge facility, which the Department determines could cause or contribute to adverse water quality impacts.

   (3)  For sewage dischargers required under paragraph (1) or (2) to conduct toxicity testing, the EPA’s methods or other protocols approved by the Department, which are scientifically defensible and sufficiently sensitive to detect aquatic toxicity and approved by the Department, shall be utilized. The testing shall have been conducted since the last NPDES permit reissuance or when requested by the Department, whichever occurred later.

 (f)  CSOs. CSO dischargers shall submit the following information:

   (1)  The results of an evaluation determining the frequency, extent and cause of the CSO discharge, including identifying the points of inflow into combined systems.

   (2)  An evaluation of the water quality impacts of the CSO discharge on receiving waters.

   (3)  A description of:

     (i)   The nine minimum controls (NMCs) described in the EPA publication entitled ‘‘Combined Sewer Overflows—Guidance for Nine Minimum Controls’’ (EPA publication number 832-B-9-003 (September 1995) as amended or updated) utilized or proposed to be utilized at the facility to minimize or eliminate the CSO discharge impact on receiving water quality.

     (ii)   A long-term control plan (LTCP) to minimize or eliminate the CSO discharge.

     (iii)   An implementation schedule for the NMCs and LTCP.

 (g)  Large, medium or small municipal separate storm sewers. The operator of a discharge from a large, medium or small municipal separate storm sewer shall submit in its application the information required to be submitted under 40 CFR Part 122 (relating to EPA administered programs: the National Pollutant Discharge Elimination System).

   The provisions of this §  92.21a issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.21a adopted November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059.

   This section cited in 25 Pa. Code §  92.2c (relating to minimum sewage and industrial waste treatment requirements).