| (1) A temporary standard identifies the interim numerical
criteria or use that applies during the existence of the temporary
standard. When a temporary standard is adopted for permittees or water
bodies, the temporary standard must be expressed as one of the following:
(A) The interim effluent condition that reflects the
greatest pollutant reduction achievable;
(B) Or if no additional feasible pollutant control
technology can be identified, the interim effluent condition that
reflects the greatest pollutant reduction achievable with the pollutant
control technologies installed at the time the temporary standard
is adopted, and implementation of a remediation plan as specified
in the Procedures to Implement the Texas
Surface Water Quality Standards (RG-194); or
(C) The highest attainable interim criterion.
(2) A temporary standard must be adopted in accordance
with the provisions of subsection (d)(3) of this section. Once adopted
by the commission and approved by EPA, a temporary standard is the
applicable standard for the purposes of developing wastewater discharge
permit limits and issuing certifications specified in the federal
Clean Water Act, §401 and Chapter 279 of this title (relating
to Water Quality Certification).
(3) Specific reasons and additional procedures for
justifying a temporary standard are provided in the Procedures to Implement the Texas Surface Water
Quality Standards (RG-194). A temporary standard must identify
the water body or permittee to which the temporary standard applies.
A temporary standard does not exempt any discharge from compliance
with applicable technology-based effluent limits.
(4) A temporary standard must be reevaluated every
five years at a minimum, which may be conducted through the permit
process or a triennial review of the Texas Surface Water Quality Standards.
If the reevaluation is not submitted to EPA within 30 days of completion,
subsequent federal Clean Water Act activities will be evaluated using
the applicable existing underlying water quality standards.
(5) The term of a temporary standard is expressed as
an interval of time from the date of EPA approval or a specific date
cited in the temporary standard. If the continuance of a temporary
standard is sufficiently justified, it can be renewed during revisions
of the Texas Surface Water Quality Standards. When a temporary standard
expires, subsequent discharge permits are issued to meet the applicable
existing water quality standards.
(6) A temporary standard must preclude the degradation
of existing water quality unless degradation is necessary to facilitate
restoration or reconfiguration activities as specified in this section.
(h) Effective date of standards. Except as provided
in 40 CFR §131.21 (EPA review and approval of water quality standards),
this chapter becomes effective 20 days after the date the chapter
is filed in the Office of the Secretary of State. As to actions covered
by 40 CFR §131.21, the rules become effective upon approval by
EPA.
(i) Effect of conflict or invalidity of rule.
(1) If any provision of this chapter or its application
to any person or circumstances is held invalid, the invalidity does
not affect other provisions or applications of the provisions contained
in this chapter that can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
severable.
(2) To the extent of any irreconcilable conflict between
provisions of this chapter and other rules of the commission, the
provisions of this chapter supersede.
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| Source Note: The provisions of this §307.2 adopted to be effective July 10, 1991, 16 TexReg 3400; amended to be effective July 13, 1995, 20 TexReg 4701; amended to be effective August 17, 2000, 25 TexReg 7722; amended to be effective July 22, 2010, 35 TexReg 6294; amended to be effective March 6, 2014, 39 TexReg 1450; amended to be effective March 1, 2018, 43 TexReg 1102; amended to be effective September 29, 2022, 47 TexReg 6216 |
