Section 11-55-42 - Intake credits(a) An intake credit is an NPOES implementation tool that applies to the implementation of water quality standards through NPOES permits only.(b) As used in this section: "Background pollutant concentration" means the water body concentration, regardless of whether those pollutants are natural or result from anthropogenic upstream activity.
"Intake pollutant" means the background pollutant that is present in the intake water body.
"Same body of water" means an intake pollutant is considered to be from the 'same body of water" as the discharge if the department finds that the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period of time had it not been removed by the permittee. This finding may be deemed established if:
(1) The background pollutant concentration in the receiving water (excluding any amount of the pollutant in the facility's discharge) is similar to that in the intake water; and(2) There is a direct hydrologic connection between the intake and discharge points; and(3) Water quality characteristics (e.g. temperature, pH, hardness) are similar in the intake and receiving waters. The department may consider other site-specific factors relevant to the transport and fate of the pollutant in deciding whether a pollutant would or would not have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee.
(c) The director may, upon request of the discharger, adjust water quality-based effluent limitations or standards to reflect credit for intake pollutants in the discharger's intake water only:(1) To the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the intake pollutant value; and(2) If there is no net increase in the mass of the intake pollutant for which the credit is given. A discharger may increase the concentration of the intake pollutant if an equal or greater mass is removed prior to discharge, so there is no net addition of the pollutant in the discharge compared to the intake water, and the higher concentration discharge is demonstrated to not cause acute toxicity or detrimental effects.(d) Intake credit is not applicable to any pollutant for which a Total Maximum Daily Load (TMDL) and waste load allocation (WLA) have been developed and have been approved by the U.S. Environmental Protection Agency unless the TMDL and WLA provide for such an intake credit.(e) The director shall grant credit for water quality-based effluent limits only if:(1) The intake water containing the intake pollutant is withdrawn from the same body of water into which the discharge is made, or the director may waive this requirement if the director finds that no environmental degradation will result; (2) The facility does not chemically or physically alter the intake pollutant in a manner that would cause adverse water quality impacts to occur;(3) The timing and location of the discharge of the intake pollutant would not cause adverse water quality impacts to occur; and, (4) The director finds that the discharge of intake pollutants into the receiving water will not adversely impact narrative or numeric water quality criteria specified in this chapter.(f) Effluent limitations must be established so that they comply with all other applicable state and federal laws and regulations including water quality-based requirements and anti-degradation policies.(g) All requests for the establishment of credit for intake pollutants shall be made on forms furnished by the department and shall be accompanied by: (1) Documentation showing a complete and detailed description of present conditions and how present conditions do not conform to standards; and(2) Documentation showing that the intake and discharge waterbodies are the 'same body of water" or request a waiver and demonstrate that no additional environmental degradation will occur in the receiving water; and (3) Documentation showing that pollutant(s) for which credits are being requested actually come(s) from the intake water.(h) Credit for intake pollutants shall be specified in the discharger's NPDES permit and shall become effective with the department's issuance of the permit for the specified permittee: (1) All permits that include intake credits issued by the department shall include monitoring of all influent, effluent, and ambient water to demonstrate that the conditions in this section are maintained during the permit term; and(2) All credit for intake pollutants developed under this section shall be re-evaluated upon permit renewal.(i) Credit for intake pollutants established under this section apply in the vicinity of the discharge for purposes of establishing permit limits for a specified pollutant for the specified permittee.(j) All other water quality criteria established under this chapter continue to apply. [Eff and Comp OCT 22 2021] (Auth: HRS SS342D-4, 342D-5, 342D-53, Ch. 342E) (Imp: HRS §§ 342D-4, 342D-5, 342D-6, Ch. 342E)