§ 92.2d. Technology-based standards.

 Discharges that are regulated by this chapter shall meet the following minimum requirements when applicable:

   (1)  EPA-promulgated effluent limitation guidelines established under section 304 of the Federal Act (33 U.S.C.A. §  1314).

   (2)  For those industrial categories for which no effluent limitations have been established under paragraph (1), Department-developed technology-based limitations established in accordance with 40 CFR 125.3 (relating to technology-based treatment requirement in permits).

   (3)  For facilities utilizing chlorine, the following apply:

     (i)   For those facilities utilizing chlorine which discharge to surface waters, an effluent limitation representing the BAT for the discharge of total residual chlorine (TRC). If the EPA adopts a National categorical ELG for TRC for a specific industry or activity under section 301 or 304(b) of the Federal Act (33 U.S.C.A. § §  1311 and 1314(b)), that ELG constitutes BAT for the industry or activity. If the EPA has not promulgated a National ELG for an industry or activity, the Department may develop a facility-specific BAT effluent limitation. Factors which will be considered in developing a facility-specific BAT effluent limitation include the following:

       (A)   The age of equipment and facilities involved.

       (B)   The engineering aspects of the application of various types of control techniques and alternatives to the use of chlorine or reductions in the volume of chlorine used during the disinfection process.

       (C)   The cost of achieving the effluent reduction.

       (D)   Nonwater quality environmental impacts (including energy requirements).

       (E)   Other factors the Department deems appropriate.

     (ii)   For facilities where the EPA has not promulgated a National ELG for an industry or activity, and the Department has not developed a facility-specific BAT effluent limitation under the factors in this subparagraph, an effluent limitation for TRC of 0.5 mg/l (30-day average) shall constitute BAT.

     (iii)   Facilities utilizing chlorine which discharge to Exceptional Value Waters, or High Quality Waters where economic or social justification under §  93.4c(b)(1)(iii) (relating to implementation of antidegradation requirements) has not been demonstrated under applicable State or Federal law or regulations, shall discontinue the use of chlorine or dechlorinate their effluents prior to discharge into the waters.

   (4)  Oil-bearing wastewaters shall meet the requirements in §  95.2 (relating to water quality standards and oil-bearing wastewaters).

   The provisions of this §  92.2d 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 §  92.2d adopted November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059.