(1) Any person who discharges or proposes to discharge pollutants and who does not have an effective permit, except persons covered by general permits under ARM 17.30.1341, excluded under ARM 17.30.1310, or a user of a privately owned treatment works unless the department requires otherwise under ARM 17.30.1344, shall submit a complete application (which must include a BMP program if necessary under 40 CFR 125.102) to the department in accordance with this rule and ARM 17.30.1364 and 17.30.1365, 17.30.1370 through 17.30.1379, and 17.30.1383.

(2) When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.

(3) Any person proposing a new discharge shall submit an application at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the department. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 180-day requirement to avoid delay. See also (11) requiring time frames where a variance may be available.

(4) (a) Any POTW with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the department. (The department may not grant permission for applications to be submitted later than the expiration date of the existing permit.)

(b) All other permittees with currently effective permits shall submit a new application 180 days before the existing permit expires except that:

(i) the department may grant permission to submit an application later than the deadline for submission otherwise applicable, but no later than the permit expiration date.

(5) The department may not issue a permit before receiving a complete application for a permit except for MPDES general permits. An application for a permit is complete when the department receives an application form and any supplemental information which are completed to the department's satisfaction. The completeness of any application for a permit must be judged independently of the status of any other permit application or permit for the same facility or activity.

(6) All applicants for MPDES permits shall provide the following information to the department, using the application form provided by the department (additional information required of applicants is set forth in (7) through (14) ) :

(a) the activities conducted by the applicant which require it to obtain an MPDES permit;

(b) name, mailing address, and location of the facility for which the application is submitted;

(c) up to four standard industrial category (SIC) codes which best reflect the principal products or services provided by the facility;

(d) the operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity;

(e) whether the facility is located on Indian lands;

(f) a listing of all permits or construction approvals received or applied for under any of the following programs:

(i) hazardous waste management program under the Resource Conservation and Recovery Act of 1976 (42 USC 6901, et seq.) (RCRA) ;

(ii) underground injection control (UIC) program under the federal Safe Drinking Water Act (SDWA) ;

(iii) MPDES program under the federal Clean Water Act;

(iv) prevention of significant deterioration (PSD) program under the Montana Clean Air Act;

(v) nonattainment program under the Montana Clean Air Act;

(vi) national emission standards for hazardous pollutants (NESHAPS) preconstruction approval under the Montana Clean Air Act;

(vii) ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

(viii) dredge or fill permits under section 404 of the federal Clean Water Act; and

(ix) other relevant state or federal environmental permits;

(g) a topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area;

(h) a brief description of the nature of the business; and

(i) the following POTWs shall provide the results of valid whole effluent biological toxicity testing to the department:

(i) all POTWs with design influent flows equal to or greater than one million gallons per day;

(ii) all POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program;

(j) In addition to the POTWs listed in (6) (i) , the department may require other POTWs 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 POTW 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 total maximum daily load calculations for the waterbody segment and the relative contribution of the POTW;

(iv) receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to a water designated as an outstanding natural resource; and

(v) other considerations (including but not limited to the history of toxic impact and compliance problems at the POTW) which the department determines could cause or contribute to adverse water quality impacts.

(k) for POTWs required under (6) (i) or (j) to conduct toxicity testing, POTWs shall use EPA's methods or other established protocols which are scientifically defensible and sufficiently sensitive to detect aquatic toxicity. This testing must have been conducted since the last MPDES permit reissuance or per modification under ARM 17.30.1361, whichever occurred later;

(l) all POTWs with approved pretreatment programs shall provide to the department a written technical evaluation of the need to revise local limits, as described in 40 CFR 403.5(c) (1) .

(7) Existing manufacturing, commercial, mining, and silvicultural dischargers applying for MPDES permits shall provide the following information to the department, using application forms provided by the department:

(a) the latitude and longitude to the nearest 15 seconds, and the name of the receiving water;

(b) a line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under (c) . The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities) , the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures;

(c) a narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations, or production areas may be described in general terms (for example, "dye-making reactor," "distillation tower") . For a privately owned treatment works, this information must include the identity of each user of the treatment works;

(d) if any of the discharges described in (c) are intermittent or seasonal, a description of the frequency, duration, and flow rate of each discharge occurrence (except for storm water runoff, spillage, or leaks) ;

(e) if an effluent guideline adopted under ARM 17.30.1207 applies to the applicant and is expressed in terms of production (or other measure of operation) , a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline. The reported measure must reflect the actual production of the facility as required by ARM 17.30.1345;

(f) if the applicant is subject to any present requirements or compliance schedules for construction, upgrading, or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates;

(g) information on the discharge of pollutants specified in this subsection. When "quantitative data" for a pollutant are required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR Part 136. When no analytical method is approved, the applicant may use any suitable method but must provide a description of the method. When an applicant has two or more outfalls with substantially identical effluents, the department may allow the applicant to test only one outfall and report that the quantitative data also apply to the substantially identical outfalls. The requirements in (iii) (A) , (B) , and (iv) below that an applicant must provide quantitative data for certain pollutants known or believed to be present do not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours, and a minimum of one to four grab samples may be taken for storm water discharges depending on the duration of the discharge. One grab sample must be taken in the first hour (or less) of discharge with one additional grab sample taken in each succeeding hour of discharge up to a minimum of four grab samples for discharges lasting four or more hours. In addition, the department may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is infeasible and that the minimum of four grab samples will be a representative sample of the effluent being discharged. An applicant is expected to "know or have reason to believe" that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant. (For example, any pesticide manufactured by a facility may be expected to be present in contaminated storm water runoff from the facility.)

(i) (A) Every applicant must report quantitative data for every outfall for the following pollutants:

 

biochemical oxygen demand (BOD5)

chemical oxygen demand

total organic carbon

total suspended solids

ammonia (as N)

temperature (both winter and summer)

pH

  (B) The department may waive the reporting requirements for individual point sources or for a particular industry category for one or more of the pollutants listed in the above subsection if the applicant has demonstrated that such a waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.

(ii) Each applicant with processes in one or more primary industry category (see Appendix A of 40 CFR Part 122) contributing to a discharge must report quantitative data for the following pollutants in each outfall containing process wastewater:

(A) the organic toxic pollutants in the fractions designated in Table I of Appendix D of 40 CFR Part 122 for the applicant's industrial category or categories unless the applicant qualifies as a small business under (7) (h) . Table II of Appendix D of 40 CFR Part 122 lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromatography/mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant's inclusion in that category for any other purposes; and

(B) the pollutants listed in Table III of Appendix D of 40 CFR Part 122 (the toxic metals, cyanide, and total phenols) .

(iii) (A) Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table IV of Appendix D of 40 CFR Part 122 (certain conventional and nonconventional pollutants) is discharged from each outfall. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

(B) Each applicant must indicate whether it knows or has reason to believe that any of the pollutants listed in Table II or Table III of Appendix D of 40 CFR Part 122 (the toxic pollutants and total phenols) for which quantitative data are not otherwise required under (7) (g) (ii) , is discharged from each outfall. For every pollutant expected to be discharged in concentrations of 10 ppb or greater, the applicant must report quantitative data. For acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl 4,6-dinitrophenol, where any of these four pollutants are expected to be discharged in concentrations of 100 ppb or greater, the applicant must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl 4,6-dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying as a small business under (7) (h) is not required to analyze for pollutants listed in Table II of Appendix D of 40 CFR Part 122 (the organic toxic pollutants) .

(iv) Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table V of Appendix D of 40 CFR Part 122 (certain hazardous substances and asbestos) are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant.

(v) Each applicant must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:

(A) uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) ; 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) ; 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) ; O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) ; 2,4,5-trichlorophenol (TCP) ; or hexachlorophene (HCP) ; or

(B) knows or has reason to believe that TCDD is or may be present in an effluent.

(h) an applicant which qualifies as a small business under one of the following criteria is exempt from the requirements in (7) (g) (ii) (A) or (iii) (A) to submit quantitative data for the pollutants listed in Table II of Appendix D of 40 CFR Part 122 (the organic toxic pollutants) :

(i) for coal mines, a probable total annual production of less than 100,000 tons per year;

(ii) for all other applicants, gross total annual sales averaging less than $100,000 per year (in second quarter 1980 dollars) .

(i) a listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or byproduct. The department may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the department has adequate information to issue the permit.

(j) an identification of any biological toxicity tests which the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water in relation to a discharge.

(k) if a contract laboratory or consulting firm performed any of the analyses required by (7) (g) , the identity of each laboratory or firm and the analyses performed.

(l) in addition to the information reported on the application form, applicants shall provide to the department, at its request, such other information as the department may reasonably require to assess the discharges of the facility and to determine whether to issue an MPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

(8) Except for storm water discharges, all manufacturing, commercial, mining, and silvicultural dischargers applying for MPDES permits which discharge only non-process wastewater not regulated by an effluent limitations guideline or new source performance standard shall provide the following information to the department, using application forms provided by the department:

(a) outfall number, latitude and longitude to the nearest 15 seconds, and the name of the receiving water;

(b) date of expected commencement of discharge (for new dischargers) ;

(c) an identification of the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, or noncontact cooling water; an identification of cooling water additives (if any) that are used or expected to be used upon commencement of operations, along with their composition if existing composition is available;

(d) (i) Quantitative data for the pollutants or parameters listed below, unless testing is waived by the department. The quantitative data may be data collected over the past 365 days, if they remain representative of current operations, and must include maximum daily value, average daily value, and number of measurements taken. The applicant must collect and analyze samples in accordance with 40 CFR Part 136. Grab samples must be used for pH, temperature, oil and grease, total residual chlorine, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. New dischargers must include estimates for the pollutants or parameters listed below instead of actual sampling data, along with the source of each estimate. All levels must be reported or estimated as concentration and as total mass, except for flow, pH, and temperature.

(A) biochemical oxygen demand (BOD₅) ;

(B) total suspended solids (TSS) ;

(C) fecal coliform (if believed present or if sanitary waste is or will be discharged;

(D) total residual chlorine (if chlorine is used) ;

(E) oil and grease;

(F) chemical oxygen demand (COD) (if noncontact cooling water is or will be discharged) ;

(G) total organic carbon (TOC) (if noncontact cooling water is or will be discharged) ;

(H) ammonia (as N) ;

(I) discharge flow;

(J) pH; and

(K) temperature (winter and summer) .

(ii) The department may waive the testing and reporting requirements for any of the pollutants or flow listed in (i) if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of a permit can be obtained through less stringent requirements.

(iii) If the applicant is a new discharger, he must complete forms provided by the department by providing quantitative data in accordance with (d) no later than two years after commencement of discharge. However, the applicant need not complete those portions of the forms requiring tests which he has already performed and reported under the discharge monitoring requirements of his MPDES permit.

(iv) The requirements of (i) and (iii) , that an applicant must provide quantitative data or estimates of certain pollutants, do not apply to pollutants present in a discharge solely as a result of their presence in intake water. However, an applicant must report such pollutants as present. Net credit may be provided for the presence of pollutants in intake water if the requirements of ARM 17.30.1345(9) are met.

(e) a description of the frequency of flow and duration of any seasonal or intermittent discharge (except for storm water runoff, leaks, or spills) ;

(f) a brief description of any system used or to be used;

(g) any additional information the applicant wishes to be considered, such as influent data for the purpose of obtaining "net" credits pursuant to ARM 17.30.1345(9) ; and

(h) the signature of the certifying official under ARM 17.30.1323.

(9) New and existing CAFOs, defined in ARM 17.30.1330, and concentrated aquatic animal production facilities, defined in ARM 17.30.1304(6) , shall provide the following information to the department, using the application form provided by the department:

(a) for CAFOs, the information specified in ARM 17.30.1322(6) (a) through (f) and 40 CFR 122.21(i) (1) , including a topographic map; and

(b) for concentrated aquatic animal production facilities:

(i) the maximum daily and average monthly flow from each outfall;

(ii) the number of ponds, raceways, and similar structures;

(iii) the name of the receiving water and the source of intake water;

(iv) for each species of aquatic animals, the total yearly and maximum harvestable weight; and

(v) the calendar month of maximum feeding and the total mass of food fed during that month.

(10) New manufacturing, commercial, mining, and silvicultural dischargers applying for MPDES permits (except for new discharges of storm water runoff or facilities subject to the requirements of (10) ) shall provide the following information to the department, using application forms provided by the department:

(a) the latitude and longitude to the nearest 15 seconds, and the name of the receiving water;

(b) the expected date of commencement of discharge;

(c) (i) description of the treatment that the wastewater will receive, along with all operations contributing wastewater to the effluent, average flow contributed by each operation, and the ultimate disposal of any solid or liquid wastes not discharged;

(ii) a line drawing of the water flow through the facility with a water balance as described in ARM 17.30.1322(9) (b) ;

(iii) if any of the expected discharges will be intermittent or seasonal, a description of the frequency, duration, and maximum daily flow rate of each discharge occurrence (except for storm water runoff, spillage, or leaks) ;

(d) if a new source performance standard promulgated under section 306 of the federal Clean Water Act or an effluent limitation guideline applies to the applicant and is expressed in terms of production (or other measure of operation) , a reasonable measure of the applicant's expected actual production reported in the units used in the applicable effluent guideline or new source performance standard as required by ARM 17.30.1345(2) (b) for each of the first three years. Alternative estimates may also be submitted if production is likely to vary;

(e) the requirements in (8) (d) (i) , (ii) , and (iii) that an applicant must provide estimates of certain pollutants expected to be present do not apply to pollutants present in a discharge solely as a result of their presence in intake water; however, an applicant must report such pollutants as present. Net credits may be provided for the presence of pollutants in intake water if the requirements of ARM 17.30.1345(9) are met. All levels (except for discharge flow, temperature, and pH) must be estimated as concentration and as total mass;

(i) Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants or parameters. The department may waive the reporting requirements for any of these pollutants and parameters if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of the permit can be obtained through less stringent reporting requirements.

(A) biochemical oxygen demand (BOD) ;

(B) chemical oxygen demand (COD) ;

(C) total organic carbon (TOC) ;

(D) total suspended solids (TSS) ;

(E) flow;

(F) ammonia (as N) ;

(G) temperature (winter and summer) ; and

(H) pH.

(ii) Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants, if the applicant knows or has reason to believe they will be present or if they are limited by an effluent limitation guideline or new source performance standard either directly or indirectly through limitations on an indicator pollutant: all pollutants in Table IV of Appendix D of 40 CFR Part 122 (certain conventional and nonconventional pollutants) .

(iii) Each applicant must report estimated daily maximum, daily average and source of information for the following pollutants if he knows or has reason to believe that they will be present in the discharges from any outfall:

(A) the pollutants listed in Table III of Appendix D of 40 CFR Part 122 (the toxic metals, in the discharge from any outfall: total cyanide and total phenols) ; and

(B) the organic toxic pollutants in Table II of Appendix D of 40 CFR Part 122 (except bis (chloromethyl) ether, dichlorofluoromethane, and trichlorofluoromethane) . This requirement is waived for applicants with expected gross sales of less than $100,000 per year for the next three years, and for coal mines with expected average production of less than 100,000 tons of coal per year.

(iv) The applicant is required to report that 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) may be discharged if he uses or manufactures one of the following compounds, or if he knows or has reason to believe that TCDD will or may be present in an effluent:

(A) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS # 93-76-5 ) ;

(B) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS # 93-72-1 ) ;

(C) 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS # 136-25-4 ) ;

(D) O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS # 299-84-3 ) ;

(E) 2,4,5-trichlorophenol (TCP) (CAS # 95-95-4 ) ; or

(F) hexachlorophene (HCP) (CAS # 70-30-4 ) .

(v) Each applicant must report any pollutants listed in Table V of Appendix D of 40 CFR Part 122 (certain hazardous substances) if he believes they will be present in any outfall (no quantitative estimates are required unless they are already available) .

(vi) No later than two years after the commencement of discharge from the proposed facility, the applicant is required to complete and submit forms prescribed by the department. However, the applicant need not complete those portions of the forms requiring tests which he has already performed and reported under the discharge monitoring requirements of his MPDES permit.

(f) each applicant must report the existence of any technical evaluation concerning his wastewater treatment, along with the name and location of similar plants of which he has knowledge;

(g) any optional information the permittee wishes to have considered; and

(h) the signature of the certifying official under ARM 17.30.1323.

(11) Dischargers of storm water from facilities or activities that are listed in ARM 17.30.1105(1) (a) through (f) , must apply for an individual permit, or seek coverage under a storm water general permit as provided for in subchapter 11. Individual permits for small municipal separate storm sewer systems are subject to the provisions stated in ARM 17.30.1111(1) through (18) .

(12) Dischargers of storm water associated with industrial, mining, oil and gas, and construction activity, shall apply for an individual permit as stated in 40 CFR 122.26(c) (1) if their discharge is not covered under a general permit provided for in ARM 17.30.1110 or another MPDES permit. Dischargers of storm water associated with construction activity are exempt from the application requirements of (7) and 40 CFR 122.26(c) (1) (i) .

(13) A discharger which is not a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under any of the following statutory or regulatory provisions within the times specified below:

(a) A request for a variance based on the presence of "fundamentally different factors" from those on which the effluent limitations guideline was based must explain how the requirements of the applicable regulatory and statutory criteria have been met, and must be filed with the department:

(i) by the close of the public comment period under ARM 17.30.1372, if the request is for a variance from best practicable control technology currently available (BPT) ; or

(ii) by no later than 180 days after the date on which an effluent limitation is published in the federal register, if the request involves a variance from best available technology economically achievable (BAT) , best conventional pollutant control technology (BCT) , or both of them.

(b) A request for a variance from the best available technology (BAT) requirements for federal Clean Water Act section 301(b) (2) (F) pollutants (commonly called "nonconventional" pollutants) pursuant to section 301(c) of the federal Clean Water Act because of the economic capability of the owner or operator, or pursuant to section 301(g) of the federal Clean Water Act because of certain environmental considerations, when those requirements were based on effluent limitation guidelines, must be made by:

(i) submitting an initial request to the department, stating the name of the discharger, the permit number, the outfall number(s) , the applicable effluent guideline, and whether the discharger is requesting a federal Clean Water Act section 301(c) or 301(g) modification or both. This request must have been filed not later than:

(A) September 25, 1978, for a pollutant which is controlled by a BAT effluent limitation guideline promulgated before December 27, 1977; or

(B) 270 days after promulgation of an applicable effluent limitation guideline for guidelines promulgated after December 27, 1977; and

(ii) submitting a completed request no later than the close of the public comment period under ARM 17.30.1372 demonstrating that the requirements of ARM 17.30.1375 and the applicable requirements of 40 CFR Part 125 have been met. Notwithstanding this provision, the complete application for a request under section 301(g) of the federal Clean Water Act shall be filed before the department must make a decision;

(iii) requests for variance from effluent limitations not based on effluent limitations guidelines need only comply with (ii) and need not be preceded by an initial request under (i) .

(c) An extension under federal Clean Water Act section 301(i) (2) of the statutory deadlines in section 301(b) (1) (A) or (b) (1) (C) of the federal Clean Water Act based on delay in completion of a POTW into which the source is to discharge must have been requested on or before June 26, 1978, or 180 days after the relevant POTW requested an extension under (14) (b) , whichever is later, but in no event may this date have been later than January 30, 1988. The request must explain how the requirements of 40 CFR Part 125, subpart J, have been met.

(d) An extension under federal Clean Water Act section 301(k) from the statutory deadline of 301(b) (2) (A) for best available technology or 301(b) (2) (E) for best conventional pollutant control technology based on the use of innovative technology, may be requested no later than the close of the public comment period under ARM 17.30.1372 for the discharger's initial permit requiring compliance with section 301(b) (2) (A) or (b) (2) (E) , as applicable. The request must demonstrate that the requirements of ARM 17.30.1375 and 40 CFR Part 125, subpart C, have been met.

(e) A modification under the federal Clean Water Act section 302(b) (2) of requirements under section 302(a) for achieving water quality related effluent limitations may be requested no later than the close of the public comment period under ARM 17.30.1372 on the permit from which the modification is sought.

(f) A variance under the federal Clean Water Act section 316(a) for the thermal component of any discharge must be filed with a timely application for a permit under this subchapter, except that if thermal effluent limitations are established under federal Clean Water Act section 402(A) (1) or are based on water quality standards the request for a variance may be filed by the close of the public comment period under ARM 17.30.1372.

(14) A discharger which is a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under either of the following statutory provisions as specified below:

(a) an extension under federal Clean Water Act section 301(i) (1) of the statutory deadlines in federal Clean Water Act section 301(b) (1) (B) or (b) (1) (C) based on delay in the construction of the POTW must have been requested on or before August 3, 1987; or

(b) a modification under federal Clean Water Act section 302(b) (2) of the requirements under section 302(a) for achieving water quality based effluent limitations must be requested no later than the close of the public comment period under ARM 17.30.1372 on the permit from which the modification is sought.

(15) Notwithstanding the time requirements in (13) and (14) :

(a) the department may notify a permit applicant before a draft permit is issued under ARM 17.30.1370 that the draft permit will likely contain limitations eligibility for variances. In the notice the department may require that the applicant, as a condition of consideration of any variance request, submit an explanation of how the requirements of 40 CFR Part 125 applicable to the variance have been met. The department may require submission of the explanation within a specified reasonable time after receipt of the notice. The notice may be sent before the permit application has been submitted. The draft or final permit may contain the alternative limitations that may become effective upon final grant of the variance; and specified reasonable time after receipt of the notice. The notice may be sent before the permit application has been submitted. The draft or final permit may contain the alternative limitations that may become effective upon final grant of the variance; and

(b) a discharger who cannot file a timely complete request required under (13) (b) (ii) or (iii) may request an extension. The extension may be granted or denied at the discretion of the department. Extensions may not be more than six months in duration.

(16) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this subchapter for a period of at least three years from the date the application is signed.

(17) The board hereby adopts and incorporates herein by reference (see ARM 17.30.1303 for complete information about all materials incorporated by reference) :

(a) 40 CFR 125.102, which is a federal agency rule setting forth requirements for best management practices for dischargers who use, manufacture, store, handle, or discharge any hazardous or toxic pollutant;

(b) 40 CFR Part 136, which is a series of federal agency rules setting forth guidelines establishing test procedures for the analysis of pollutants;

(c) Appendix A to 40 CFR Part 122, which is an appendix to a series of federal agency rules and sets forth a list of primary industrial categories;

(d) Tables I, II, and III of Appendix D to 40 CFR Part 122, which are part of appendices of federal agency rules and list, respectively, testing requirements for organic toxic pollutants by industry category for existing dischargers, organic toxic pollutants in each of four fractions in analysis by gas chromatography/mass spectroscopy (GC/MS) , and other toxic pollutants (metals and cyanide) and total phenols;

(e) Tables IV and V of Appendix D to 40 CFR Part 122, which are lists appended to a federal agency rule setting forth, respectively, conventional and nonconventional pollutants, and toxic pollutants and hazardous substances required to be identified by existing dischargers if expected to be present;

(f) 40 CFR Part 125, which is a series of federal agency rules setting forth criteria and standards for the national pollutant discharge elimination system (NPDES) , specifically including criteria for extending compliance dates for facilities installing innovative technology (Subpart C) , criteria for determining the availability of a variance based on fundamentally different factors (FDF) (Subpart D) , and criteria for extending compliance dates for achieving effluent limitations;

(g) 40 CFR 403.5(c) (i) (July 1, 1991) , which requires POTWs to develop and enforce specific limits to prevent certain discharges; and

(h) 40 CFR 122.26(c) (1) , which states requirements for individual permit applications for storm water discharges.

(i) Copies of the above listed materials are available from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.