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Minnesota Legislature

Office of the Revisor of Statutes

7052.0250 WQBELS BELOW QUANTIFICATION LEVEL.

Subpart 1.

Applicability.

The agency must establish in the permit the WQBEL exactly as calculated when a WQBEL for a GLI pollutant is calculated to be less than the quantification level.

Subp. 2.

Analytical method and quantification level used to assess compliance.

The agency must use the provisions in items A to D when assessing compliance with a WQBEL below the quantification level.

A.

The agency must identify in the permit the analytical method that must be used to monitor for the presence and amount of the GLI pollutant in an effluent for which the WQBEL is established. The analytical method specified must be the most sensitive, applicable, analytical method specified in or approved under Code of Federal Regulations, title 40, part 136, or other agency-approved method if one is not available under Code of Federal Regulations, title 40, part 136.

B.

The quantification level shall be the minimum level specified in or approved under Code of Federal Regulations, title 40, part 136, for the method for that GLI pollutant. If no such minimum level exists, or if the method is not specified or approved under Code of Federal Regulations, title 40, part 136, the quantification level shall be the lowest quantifiable level approved by the agency. The agency must specify a higher quantification level if the permittee demonstrates that a higher quantification level is appropriate because of effluent-specific matrix interference.

C.

For the purpose of compliance assessment, the analytical method specified in the permit must be used to monitor the amount of a GLI pollutant in an effluent down to the quantification level, provided that the analyst has complied with the specified quality assurance and quality control procedures in the relevant method.

D.

The agency must use commonly accepted statistical procedures to average and account for monitoring data. The agency must specify in the permit the value to be substituted for sample results when the results are below the quantification level, and how the value will be used in calculations for an average.

Subp. 3.

Special conditions.

If the concentration of a pollutant in an effluent is so low that it cannot be quantified under subpart 2, the agency must include special conditions in the permit to assess the level of the pollutant in the effluent. The permit must also contain a reopener clause authorizing modification or revocation and reissuance of the permit if any information generated as a result of special conditions included in the permit indicates the presence of the GLI pollutant in the discharge at levels above the WQBEL. The following special conditions must be included in the permit under the conditions specified:

A.

results of fish tissue sampling when human health or wildlife limitations are included in the permit;

B.

WET tests when aquatic life limitations are included in the permit;

C.

internal waste stream monitoring requirement when the agency determines, based on knowledge of the facility, that quantifiable levels of the pollutant can be measured in an internal waste stream; and

D.

monitoring for surrogate waste stream parameters when the agency determines the surrogate parameter is quantifiable and correlated to the concentration of the pollutant in the effluent.

Subp. 4.

GLI pollutant minimization program.

The agency shall include a condition in the permit requiring the permittee to develop and conduct a GLI pollutant minimization program for each GLI pollutant with a WQBEL below the quantification level. The goal of the GLI pollutant minimization program is to reduce all sources of the GLI pollutant to maintain the effluent at or below the WQBEL. The GLI pollutant minimization program must include at least the following:

A.

an annual review and periodic monitoring of potential GLI pollutant sources which may include fish tissue monitoring or other bio-uptake sampling as necessary to assess progress toward attainment of the WQBEL;

B.

periodic monitoring of wastewater treatment system influent as necessary to assess progress toward attainment of the WQBEL;

C.

submittal of a control strategy to reduce GLI pollutant loading to the industrial or municipal wastewater treatment system influent or to the effluent if there is no discrete treatment system;

D.

implementation of cost-effective controls when sources of GLI pollutants are found; and

E.

submission of an annual status report to the agency that includes the following:

(1)

all minimization program monitoring results for the previous year;

(2)

a list of potential sources of the GLI pollutant; and

(3)

a summary of all actions taken to reduce identified sources of the GLI pollutant.

Statutory Authority:

MS s 115.03; 115.44

History:

22 SR 1466

Published Electronically:

June 16, 2005