Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT).

(a) Except as provided in paragraph (b) of this section—

(1) The following effluent limitations apply with respect to each fiber line that does not use an exclusively TCF bleaching process, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:

(2) The following effluent limitations apply with respect to each fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its NPDES permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22:

(b) The following limitations apply with respect to each fiber line enrolled in the Voluntary Advanced Technology Incentives Program:

(1) Stage 1 Limitations: Numeric limitations that are equivalent to the discharger's existing effluent quality or the discharger's current effluent limitations established under CWA section 301(b)(2), whichever are more stringent, for the pollutants identified in paragraph (a)(1) of this section (with the exception of COD). For AOX, the permitting authority must determine existing effluent quality for each fiber line enrolled in the Voluntary Advanced Technology Incentives Program at the end of the pipe based on loadings attributable to that fiber line. For the remaining pollutants, with the exception of COD, the permitting authority must determine existing effluent quality for each fiber line enrolled in the Voluntary Advanced Technology Incentives Program at the point where the wastewater containing those pollutants leaves the bleach plant. These limitations must be recalculated each time the NPDES permit of a discharger enrolled in the Voluntary Advanced Technology Incentives Program is reissued, up to:

(i) April 15, 2004 for all pollutants in paragraph (a)(1) of this section except AOX; and

(ii) The date specified in paragraph (b)(4)(ii) of this section for achieving the applicable AOX limitation specified in paragraph (b)(4)(i).

(2) Best Professional Judgment Milestones: Narrative or numeric limitations and/or special permit conditions, as appropriate, established by the permitting authority on the basis of his or her best professional judgment that reflect reasonable interim milestones toward achievement of the effluent limitations specified in paragraphs (b)(3) and (b)(4) of this section, as applicable, after consideration of the Milestones Plan submitted by the discharger in accordance with paragraph (c) of this section.

(3) Six-year Milestones: By April 15, 2004 all dischargers enrolled in the Voluntary Advanced Technology Incentives Program must achieve the following:

(i) The effluent limitations specified in paragraph (a)(1) of this section, except that, with respect to AOX, dischargers subject to Tier I effluent limitations specified in paragraph (b)(4)(i) of this section must achieve the AOX limitation specified in that paragraph; or

(ii) For dischargers that use exclusively TCF bleaching processes as of April 15, 2004, the effluent limitations specified in paragraph (a)(2) of this section.

(4)

(i) Stage 2 Limitations:

(ii) Deadlines.

(A) A discharger enrolled in Tier I of the Voluntary Advanced Technology Incentives Program must achieve the Tier I limitations in paragraph (b)(4)(i) of this section by April 15, 2004.

(B) A discharger enrolled in Tier II of the Voluntary Advanced Technology Incentives Program must achieve the Tier II limitations in paragraph (b)(4)(i) of this section by April 15, 2009.

(C) A discharger enrolled in Tier III of the Voluntary Advanced Technology Incentives Program must achieve the Tier III limitations in paragraph (b)(4)(i) of this section by April 15, 2014.

(c) All dischargers enrolled or intending to enroll in the Voluntary Advanced Technology Incentives Program must submit to the NPDES permitting authority a Milestones Plan covering all fiber lines enrolled or intended to be enrolled in that program at their mill by October 5, 1999 or the date the discharger applies for an NPDES permit containing limitations and conditions based on paragraph (b) of this section, whichever is later. Mills may claim all or part of the Milestones Plan as confidential business information (CBI) in accordance with 40 CFR part 2 and 40 CFR 122.7. If a mill claims all or part of the plan as CBI, the mill must prepare and submit to the NPDES permitting authority a summary of the plan for public release. The Milestones Plan must include the following information:

(1) A description of each anticipated new technology component or process modification that the discharger intends to implement in order to achieve the limitations in paragraphs (b)(3) and (b)(4) of this section;

(2) A master schedule showing the sequence of implementing the new technology components or process modifications and identifying critical path relationships within the sequence;

(3) A schedule for each individual new technology component or process modification that includes:

(i) The anticipated initiation and completion dates of construction, installation and operational “shakedown” period associated with the technology components or process modifications and, when applicable, the anticipated dates of initiation and completion of associated research, process development, and mill trials;

(ii) The anticipated dates that the discharger expects the technologies and process modifications selected to achieve the limitations specified in paragraphs (b)(3) and (b)(4) of this section to be operational on a full-scale basis; and

(iii) The anticipated magnitude of reductions in effluent quantity and the anticipated improvements in effluent quality associated with each technology and process modification implemented as measured at the bleach plant (for bleach plant, pulping area and evaporator condensates flow and BAT parameters other than Adsorbable Organic Halides (AOX)) and at the end of the pipe (for AOX), and the dates the discharger expects those reductions and improvements to be achieved;

(4) Contingency plans in the event that any technology or process specified in the Milestones Plan need to be adjusted or alternative approaches developed to ensure that the limitations specified in paragraphs (b)(3)and (b)(4) of this section are met; and

(5) A signature by the responsible corporate officer as defined in 40 CFR 122.22.

(d) The following additional effluent limitations apply to all dischargers subject to this section in accordance with the previous subcategorization scheme unless the discharger certifies to the permitting authority that it is not using these compounds as biocides. Also, for non-continuous dischargers, concentration limitations (mg/l) shall apply. Concentration limitations will only apply to non-continuous dischargers:

(e) Pursuant to 40 CFR 122.44(i) and 122.45(h), a discharger must demonstrate compliance with the effluent limitations in paragraph (a)(1) or (b)(3) of this section, as applicable, by monitoring for all pollutants (except for AOX and COD) at the point where the wastewater containing those pollutants leaves the bleach plant. The permitting authority may impose effluent limitations and/or monitoring requirements on internal wastestreams for any other pollutants covered in this section as appropriate under 40 CFR 122.44(i) and 122.45(h). In addition, a discharger subject to a limitation on total pulping area condensate, evaporator condensate, and bleach plant wastewater flow under paragraph (b)(4)(i) of this section, for Tier II and Tier III, must demonstrate compliance with that limitation by establishing and maintaining flow measurement equipment to monitor these flows at the point or points where they leave the pulping area, evaporator area, and bleach plant.

[63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 64 FR 36586, July 7, 1999]