reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.11 - Public comments and requests for public hearings

Current through Register Vol. 48, No. 6, June 28, 2024
During the public comment period provided under
					 section124.10, any interested person may submit written comments on the draft
					 permit and may request a public hearing, if no hearing has already been
					 scheduled. A request for a public hearing shall be in writing and shall state
					 the nature of the issues proposed to be raised in the hearing. All comments
					 shall be considered in making the final decision and shall be answered as
					 provided in section124.17.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.12 - Public hearings

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Determinations and Scheduling.
(1) Within the
				  thirty (30) day comment period or other applicable comment period provided
				  after posting or publishing of a public notice, an applicant, any affected
				  state or interstate agency, the Regional Administrator or any other interested
				  person or agency may file a petition with the Department for a public hearing
				  on an application for a permit. A petition for a public hearing shall indicate
				  the specific reasons why a hearing is requested, the existing or proposed
				  discharge identified therein and specifically indicate which portions of the
				  application or other permit form or information constitutes necessity for a
				  public hearing. If the Department determines that a petition constitutes
				  significant cause or that there is sufficient public interest in an application
				  for a public hearing, it may direct the scheduling of a hearing
				  thereon.
(2) A hearing shall be
				  scheduled not less than four (4) nor more than eight (8) weeks after the
				  Department determines the necessity of the hearing in the geographical location
				  of the applicant or, at the discretion of the Department, at another
				  appropriate location, and shall be noticed at least thirty (30) days before the
				  hearing. The notice of public hearing shall be transmitted to the applicant and
				  shall be published in at least one (1) newspaper of general circulation in the
				  geographical area of the existing or proposed discharge identified on the
				  permit application and shall be mailed to any person or group upon request
				  therefor. Notice shall be mailed to all persons and governmental agencies which
				  received a copy of the notice or the fact sheet for the permit
				  application.
(3) The Department may
				  hold a single public hearing on related groups of permit
				  applications.
(4) The Department
				  may also hold a public hearing at its discretion, whenever, for instance, such
				  a hearing might clarify one or more issues involved in the permit
				  decision;
(5) Public notice of the
				  hearing shall be given as specified in section124.10.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.13 - Obligation to raise issues and provide information during the public comment period

Current through Register Vol. 48, No. 6, June 28, 2024
All persons, including applicants, who believe any
					 condition of a draft permit is inappropriate or that the Department's tentative
					 decision to deny an application, terminate a permit, or prepare a draft permit
					 is inappropriate, must raise all reasonably ascertainable issues and submit all
					 reasonably available arguments supporting their position by the close of the
					 public comment period (including any public hearing) under section124.10. No
					 issue shall be raised during an appeal by any party that was not submitted to
					 the administrative record as part of the preparation and comment on a draft
					 permit, unless good cause is shown for the failure to submit it. Any supporting
					 materials which are submitted shall be included in full and may not be
					 incorporated by reference, unless they are already part of the administrative
					 record in the same proceeding, or consist of State or Federal statutes and
					 regulations, Department and EPA documents of general applicability, or other
					 generally available reference materials. Commenters shall make supporting
					 materials not already included in the administrative record available. (A
					 comment period longer than 30 days may be necessary to give commenters a
					 reasonable opportunity to comply with the requirements of this section.
					 Additional time shall be granted under section124.10 to the extent that a
					 commenter who requests additional time demonstrates the need for such
					 time).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.15 - Issuance and effective date of permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a) After the close of the public comment
				  period under section124.10 on a draft permit, the Department shall issue a
				  final permit decision. The Department shall notify the applicant and each
				  person who has submitted written comments or requested notice of the final
				  permit decision. This notice shall include reference to the procedures for
				  appealing a decision on a permit. For the purposes of this section, a final
				  permit decision means a final decision to issue, deny, modify, revoke and
				  reissue, or terminate a permit.
(b)
				  A final permit decision shall become effective 30 days after the service of
				  notice of the decision unless:
(1) A later
				  effective date is specified in the decision; or
(2) [Reserved]
(3) No comments requested a change in the
				  draft permit, in which case the permit shall become effective on the effective
				  date shown in the issued permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.17 - Response to comments

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  Department is only required to issue a response to comments when a final permit
				  is issued. This response shall:
(1) Specify
				  which provisions, if any, of the draft permit have been changed in the final
				  permit decision, and the reasons for the change; and
(2) Briefly describe and respond to all
				  significant comments on the draft permit raised during the public comment
				  period, or during any hearing.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.19 - Appeal of NPDES and State Permits

Current through Register Vol. 48, No. 6, June 28, 2024
a. A Department decision involving issuance,
				  denial, renewal, modification, suspension, or revocation of an NPDES, Land
				  Application, or State permit may be appealed by an affected person with
				  standing pursuant to applicable law, including S.C. Code Title 1, Chapter 23
				  and Title 44, Chapter 1.
b. Any
				  person to whom an order, related to an NPDES, Land Application, or State
				  permit, is issued may appeal it pursuant to applicable law, including S.C. Code
				  Title 1, Chapter 23 and Title 44, Chapter 1.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS › Section 61-9.124.D.51 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a) This
				  part sets forth additional requirements and procedures for decision making for
				  the NPDES program. Part D applies only to NPDES permits prepared under
				  R.61-9.122.
(b) Decisions on NPDES
				  variance requests ordinarily will be made during the permit issuance process.
				  Variances and other changes in permit conditions ordinarily will be decided
				  through the same notice-and-comment and hearing procedures as the basic
				  permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS › Section 61-9.124.D.52 - Permits required on a case-by-case basis

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Various sections of R.61-9.122 Part B allow the
				  Department to determine, on a case-by-case basis, that certain concentrated
				  animal feeding operations (R.61-9.122.23), concentrated aquatic animal
				  production facilities (R.61-9.122.24) storm water discharges (R.61-9.122.26)
				  and certain other facilities covered by general permits (R.61-9.122.28) that do
				  not generally require an individual permit may be required to obtain an
				  individual permit because of their contributions to water pollution.
(b) Whenever the Department decides that an
				  individual permit is required under this section, except as provided in
				  paragraph (c) of this section, the Department shall notify the discharger in
				  writing of that decision and the reasons for it, and shall send an application
				  form with the notice. The discharger must apply for a permit under
				  R.61-9.122.21 within 60 days of notice, unless permission for a later date is
				  granted by the Department. The question whether the designation was proper will
				  remain open for consideration during the public comment period under
				  section124.11 and in any subsequent hearing.
(c) Prior to a case-by-case determination
				  that an individual permit is required for a storm water discharge under this
				  section (see R.61-9.122.26(a)(1)(v), (a)(9)(iii), and (c)(1)(v)(a)(1)(v),
				  (a)(9)(iii), and (c)(1)(v)), the Department may require the discharger to
				  submit a permit application or other information regarding the discharge under
				  section308 of the CWA. In requiring such information, the Department shall
				  notify the discharger in writing and shall send an application form with the
				  notice. The discharger must apply for a permit within 180 days of notice,
				  unless permission for a later date is granted by the Department. The question
				  whether the initial designation was proper will remain open for consideration
				  during the public comment period under section124.11 and in any subsequent
				  hearing.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS › Section 61-9.124.D.56 - Fact sheets

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to meeting the requirements of section124.8,
					 NPDES fact sheets shall contain the following:
(a) Any calculations or other necessary
				  explanation of the derivation of specific effluent limitations and conditions
				  or standards for sewage sludge use or disposal, including a citation to the
				  applicable effluent limitation guideline, performance standard, or standard for
				  sewage sludge use or disposal as required by R.61-9.122.44 and reasons why they
				  are applicable or an explanation of how the alternate effluent limitations were
				  developed.
(b)
(1) When the draft permit contains any of the
				  following conditions, an explanation of the reasons why such conditions are
				  applicable:
(i) Limitations to control toxic
				  pollutants under R.61-9.122.44(e)(e);
(ii) Limitations on internal waste streams
				  under R.61-9.122.45(h)(h);
(iii)
				  Limitations on indicator pollutants under R.61-9.125.3(g)(g);
(iv) Limitations set on a case-by-case basis
				  under R.61-9.125.3(c)(2) or (c)(3)(c)(2) or (c)(3), or pursuant to
				  section405(d)(4)(d)(4) of the CWA;
(v) Limitations to meet the criteria for
				  permit issuance under R61-9.122.4(i); or
(vi) Waivers from monitoring requirements
				  granted under R61-9.122.44(a).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS › Section 61-9.124.D.57 - Public notice

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Section316(a)(a) requests. In addition to the information required under
				  section124.10(d)(1)(d)(1), public notice of an NPDES draft permit for a
				  discharge where a CWA section316(a)(a) request has been filed under
				  sectionR.61-9.122.21(l)(l)shall include:
(1)
				  A statement that the thermal component of the discharge is subject to effluent
				  limitations under CWA sections301 or 306 and a brief description, including a
				  quantitative statement, of the thermal effluent limitations proposed under
				  section301 or 306;
(2) A statement
				  that a section316(a)(a) request has been filed and that alternative less
				  stringent effluent limitations may be imposed on the thermal component of the
				  discharge under section316(a)(a) and a brief description, including a
				  quantitative statement, of the alternative effluent limitations, if any,
				  included in the request; and
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS › Section 61-9.124.D.59 - Conditions requested by the Corps of Engineers and other government agencies

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If
				  during the comment period for an NPDES draft permit, the District Engineer
				  advises the Department in writing that anchorage and navigation of any waters
				  of the State would be substantially impaired by the granting of a permit, the
				  permit shall be denied and the applicant so notified. If the District Engineer
				  advised the Department that imposing specified conditions upon the permit is
				  necessary to avoid any substantial impairment of anchorage or navigation, then
				  the Department shall include the specified conditions in the permit. Review or
				  appeal of denial of a permit or of conditions specified by the District
				  Engineer shall be made through the applicable procedures of the Corps of
				  Engineers, and may not be made through the procedures provided in this
				  regulation. If the conditions are stayed by a court of competent jurisdiction
				  or by applicable procedures of the Corps of Engineers, those conditions shall
				  be considered stayed in the NPDES permit for the duration of that
				  stay.
(b) If during the comment
				  period the U.S. Fish and Wildlife Service, the National Marine Fisheries
				  Service, or any other State or Federal agency with jurisdiction over fish,
				  wildlife, or public health advises the Department in writing that the
				  imposition of specified conditions upon the permit is necessary to avoid
				  substantial impairment of fish, shellfish, or wildlife resources, the
				  Department may include the specified conditions in the permit to the extent
				  they are determined necessary to carry out the provisions of R.61-9.122.49 and
				  of the CWA.
(c) In appropriate
				  cases, the Department may consult with one or more of the agencies referred to
				  in this section before issuing a draft permit and may reflect their views in
				  the fact sheet, or the draft permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS › Section 61-9.124.D.62 - Decision on variances

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  Department may grant or deny requests for the following variances (subject to
				  EPA objection under 40 CFR Part 123.44 for State NPDES permits);
(1) [Reserved]
(2) After consultation with the Regional
				  Administrator, extensions under CWA section301(k)(k) based on the use of
				  innovative technology; or
(3)
				  Variances under CWA section316(a)(a) for thermal pollution.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS UNDER Sections 301(B) AND 402 OF THE CLEAN WATER ACT › Section 61-9.125.A.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
This part establishes criteria and standards for the
					 imposition of technology-based treatment requirements in permits under section
					 48-1-90
					 of the South Carolina Pollution Control Act and section301(b)(b) of the Federal
					 Clean Water Act, including the application of EPA promulgated effluent
					 limitations and case-by-case determinations of effluent limitations under this
					 regulation and section402(a)(1)(a)(1) of the Clean Water Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS UNDER Sections 301(B) AND 402 OF THE CLEAN WATER ACT › Section 61-9.125.A.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Unless otherwise noted, the definitions in R.61-9.122, 40 CFR Part 123,
					 and R.61-9.124 apply to this
					 part.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS UNDER Sections 301(B) AND 402 OF THE CLEAN WATER ACT › Section 61-9.125.A.3 - Technology-based treatment requirements in permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) General. Technology-based treatment
				  requirements under section 301(b)(b) of the CWA represent the minimum level of
				  control that must be imposed in an NPDES permit issued under section 402 of the
				  CWA. (See R.61-9.122.41, 122.42, and 122.44 for a discussion of additional or
				  more stringent effluent limitations and conditions.) NPDES permits shall
				  contain the following technology-based treatment requirements in accordance
				  with the following statutory deadlines:
(1)
				  For POTW's, NPDES permit effluent limitations based upon:
(i) Secondary treatment - from date of permit
				  issuance; and
(ii)
				  [Reserved]
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - CRITERIA FOR ISSUANCE OF PERMITS TO AQUACULTURE PROJECTS › Section 61-9.125.B.10 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a) These
				  regulations establish guidelines under sections318 and 402 of the CWA for
				  approval of any discharge of pollutants associated with an aquaculture
				  project.
(b) The regulations
				  authorize, on a selective basis, controlled discharges which would otherwise be
				  unlawful under the PCA, section
				  48-1-90,
				  and the CWA in order to determine the feasibility of using pollutants to grow
				  aquatic organisms which can be harvested and used beneficially.
(c) Permits issued for discharges into
				  aquaculture projects under this part are NPDES permits and are subject to the
				  applicable requirements of R.61-9.122 and 124 and 40 CFR
				  Part 123. Any permit shall include such conditions (including monitoring and
				  reporting requirements) as are necessary to comply with those regulations.
				  Technology-based effluent limitations need not be applied to discharges into
				  the approved project except with respect to toxic pollutants.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - CRITERIA FOR ISSUANCE OF PERMITS TO AQUACULTURE PROJECTS › Section 61-9.125.B.11 - Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
(a) No NPDES permit
				  shall be issued to an aquaculture project unless:
(1) The Department determines that the
				  aquaculture project:
(i) Is intended by the
				  project operator to produce a crop which has significant direct or indirect
				  commercial value (or is intended to be operated for research into possible
				  production of such a crop); and
(ii) Does not occupy a designated project
				  area which is larger than can be economically operated for the crop under
				  cultivation or than is necessary for research purposes.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - CRITERIA AND STANDARDS FOR DETERMINING FUNDAMENTALLY DIFFERENT FACTORS UNDER Sections 301(B)(1)(A), 301(B)(2)(A) AND (E) OF THE CWA › Section 61-9.125.D.30 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a) This
				  part establishes the criteria and standards to be used in determining whether
				  effluent limitations alternative to those required by promulgated EPA effluent
				  limitations guidelines under sections301 and 304 of the CWA (hereinafter
				  referred to as "national limits") should be imposed on a discharger because
				  factors relating to the discharger's facilities, equipment, processes or other
				  factors related to the discharger are fundamentally different from the factors
				  considered by EPA in development of the national limits. This part applies to
				  all national limitations promulgated under sections301 and 304 of the CWA,
				  except for the BPT limits contained in
				  40
				  CFR 423.12 (steam electric generating point
				  source category).
(b) In
				  establishing national limits, EPA takes into account all the information it can
				  collect, develop and solicit regarding the factors listed in sections304(b)(b)
				  and 304(g)(g) of the CWA. In some cases, however, data which could affect these
				  national limits as they apply to a particular discharge may not be available or
				  may not be considered during their development. As a result, it may be
				  necessary on a case-by-case basis to adjust the national limits, and make them
				  either more or less stringent as they apply to certain dischargers within an
				  industrial category or subcategory. This will only be done if data specific to
				  that discharger indicates it presents factors fundamentally different from
				  those considered by EPA in developing the limit at issue. Any interested person
				  believing that factors relating to the discharger's facilities, equipment,
				  processes or other facilities related to the discharger are fundamentally
				  different from the factors considered during development of the national limits
				  may request a fundamentally different factors variance under
				  R.61-9.122.21(l)(1)(l)(1). In addition, such a variance may be proposed by the
				  Department in the draft permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - CRITERIA AND STANDARDS FOR DETERMINING FUNDAMENTALLY DIFFERENT FACTORS UNDER Sections 301(B)(1)(A), 301(B)(2)(A) AND (E) OF THE CWA › Section 61-9.125.D.31 - Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A request for
				  the establishment of effluent limitations under this part (fundamentally
				  different factors variance) shall be approved only if:
(1) There is an applicable national limit
				  which is applied in the permit and specifically controls the pollutant for
				  which alternative effluent limitations or standards have been requested;
				  and
(2) Factors relating to the
				  discharge controlled by the permit are fundamentally different from those
				  considered by EPA in establishing the national limits; and
(3) The request for alternative effluent
				  limitations or standards is made in accordance with the procedural requirements
				  of R.61-9.124.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - CRITERIA AND STANDARDS FOR DETERMINING FUNDAMENTALLY DIFFERENT FACTORS UNDER Sections 301(B)(1)(A), 301(B)(2)(A) AND (E) OF THE CWA › Section 61-9.125.D.32 - Method of application

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A
				  written request for a variance under this part D shall be submitted in
				  duplicate to the Department in accordance with R61-9.122.21(m)(1) and
				  R61-9.124.3.
(b) The burden is on
				  the person requesting the variance to explain that:
(1) Factor(s) listed in section125.31(b)(b)
				  regarding the discharger's facility are fundamentally different from the
				  factors EPA considered in establishing the national limits. The requester
				  should refer to all relevant material and information, such as the published
				  guideline regulations development document, all associated technical and
				  economic data collected for use in developing each national limit, all records
				  of legal proceedings, and all written and printed documentation including
				  records of communication, etc., relevant to the regulations which are kept on
				  public file by the EPA;
(2) The
				  alternative limitations requested are justified by the fundamental difference
				  alleged in paragraph (b)(1) of this section; and
(3) The appropriate requirements of
				  section125.31 have been met.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part H - CRITERIA FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS UNDER Section 316(A) OF THE CWA › Section 61-9.125.H.70 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Section316(a)(a) of the CWA provides that: "With respect to any point source
				  otherwise subject to the provisions of section301 or section306 of this ACT,
				  whenever the owner or operator of any such source, after opportunity for public
				  hearing, can demonstrate to the satisfaction of ... the State that any effluent
				  limitation proposed for the control of the thermal component of any discharge
				  from such source will require effluent limitations more stringent than
				  necessary to assure the protection and propagation of a balanced, indigenous
				  population of shellfish, fish and wildlife in and on the body of water into
				  which the discharge is to be made, the ...State may impose an effluent
				  limitation under such sections on such plant, with respect to the thermal
				  component of such discharge (taking into account the interaction of such
				  thermal component with other pollutants), that will assure the protection and
				  propagation of a balanced indigenous population of shellfish, fish and wildlife
				  in and on that body of water."
(b)
				  This part describes the factors, criteria and standards for establishment of
				  alternative thermal effluent limitations under section316(a)(a) of the CWA in
				  permits issued under section402(a)(a) of the CWA.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part H - CRITERIA FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS UNDER Section 316(A) OF THE CWA › Section 61-9.125.H.71 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of this part:
(a) "Alternative effluent limitations" means
				  all effluent limitations or standards of performance for the control of the
				  thermal component of any discharge which are established under section316(a)(a)
				  of the CWA, this section, and the State Water Quality Standard
				  R.61-68.
(b) "Representative
				  important species" means species which are representative, in terms of their
				  biological needs, of a balanced, indigenous community of shellfish, fish and
				  wildlife in the body of water into which a discharge of heat is made.
(c) The term "balanced, indigenous community"
				  is synonymous with the term "balanced, indigenous population" in the CWA and
				  means a biotic community typically characterized by diversity, the capacity to
				  sustain itself through cyclic seasonal changes, presence of necessary food
				  chain species and by a lack of domination by pollution tolerant species. Such a
				  community may include historically non-native species introduced in connection
				  with a program of wildlife management and species whose presence or abundance
				  results from substantial, irreversible environmental modifications. Normally,
				  however, such a community will not include species whose presence or abundance
				  is attributable to the introduction of pollutants that will be eliminated by
				  compliance by all sources with section301(b)(2)(b)(2) of the CWA; and may not
				  include species whose presence or abundance is attributable to alternative
				  effluent limitations imposed pursuant to section316(a)(a) of the CWA.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part H - CRITERIA FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS UNDER Section 316(A) OF THE CWA › Section 61-9.125.H.72 - Early screening of applications for variances under section 316(a) of the CWA

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any initial
				  application for a section316(a)(a) variance shall include the following early
				  screening information:
(1) A description of
				  the alternative effluent limitation requested;
(2) A general description of the method by
				  which the discharger proposes to demonstrate that the otherwise applicable
				  thermal discharge effluent limitations are more stringent than
				  necessary;
(3) A general
				  description of the type of data, studies, experiments and other information
				  which the discharger intends to submit for the demonstration; and
(4) Such data and information as may be
				  available to assist the Department in selecting the appropriate representative
				  important species.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part H - CRITERIA FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS UNDER Section 316(A) OF THE CWA › Section 61-9.125.H.73 - Criteria and standards for the determination of alternative effluent limitations under section 316(a) of the CWA

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Thermal discharge effluent limitations or
				  standards established in permits may be less stringent than those required by
				  applicable standards and limitations if the discharger demonstrates to the
				  satisfaction of the Department that such effluent limitations are more
				  stringent than necessary to assure the protection and propagation of a
				  balanced, indigenous community of shellfish, fish and wildlife in and on the
				  body of water into which the discharge is made. This demonstration must show
				  that the alternative effluent limitation desired by the discharger, considering
				  the cumulative impact of its thermal discharge together with all other
				  significant impacts on the species affected, will assure the protection and
				  propagation of a balanced indigenous community of shellfish, fish and wildlife
				  in and on the body of water into which the discharge is to be made.
(b) In determining whether or not the
				  protection and propagation of the affected species will be assured, the
				  Department may consider any information contained or referenced in any
				  applicable thermal water quality criteria and thermal water quality information
				  published by the Administrator under section304(a)(a) of the CWA, or any other
				  information it deems relevant.
(c)
(1) Existing dischargers may base their
				  demonstration upon the absence of prior appreciable harm in lieu of predictive
				  studies. Any such demonstrations shall show:
(i) That no appreciable harm has resulted
				  from the normal component of the discharge (taking into account the interaction
				  of such thermal component with other pollutants and the additive effect of
				  other thermal sources to a balanced, indigenous community of shellfish, fish
				  and wildlife in and on the body of water into which the discharge has been
				  made; or
(ii) That despite the
				  occurrence of such previous harm, the desired alternative effluent limitations
				  (or appropriate modifications thereof) will nevertheless assure the protection
				  and propagation of a balanced, indigenous community of shellfish, fish and
				  wildlife in and on the body of water into which the discharge is
				  made.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.127 - NPDES Electronic Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
Refer to 40 CFR Part 127, which is hereby adopted by
				reference.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.1 - Scope and Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  provisions of this Part apply to owners or operators of specified facilities
				  discharging into waters of the State.
(b) The effluent standards or prohibitions
				  for toxic pollutants established in this Part shall be applicable to the
				  sources and pollutants hereinafter set forth, and may be incorporated in any
				  NPDES permit, modification or renewal thereof, in accordance with the
				  provisions of this Part.
(c) The
				  provisions of R.61-9.124 and R.61-9.125 shall apply to any
				  NPDES permit proceedings for any point source discharge containing any toxic
				  pollutant for which a standard or prohibition is established under this
				  Part.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.3 - Abbreviations

Current through Register Vol. 48, No. 6, June 28, 2024
The abbreviations used in this Part represent the following
					 terms:
lb = pound (or pounds)
g = gram
ug/l = micrograms per liter (1 one-millionth
					 gram/liter)
kg = kilogram(s)
kkg = 1000 kilogram(s)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.4 - Toxic pollutants

Current through Register Vol. 48, No. 6, June 28, 2024
The following are the pollutants subject to regulation
					 under the provisions of this part:
(a)
				  Aldrin/Dieldrin-"Aldrin" means the compound aldrin as identified by the
				  chemical name, 1,2,3,4,10,10 -hexachloro -1,4,4a,5,8,8a -hexahydro -1,4 -endo
				  -5,8 -exo -dimethanonaphthalene; "Dieldrin" means the compound dieldrin as
				  identified by the chemical name 1,2,3,4,10,10 -hexachloro-6,7 -epoxy
				  -1,4,4a,5,6,7,8,8a -octahydro -1,4 -endo -5,8 -exo
				  -dimethanonaphthalene.
(b)
				  DDT-"DDT" means the compounds DDT, DDD, and DDE as identified by the chemical
				  names; (DDT) -1,1,1 -trichloro -2,2 -bis(p-chlorophenyl) ethane and some o,p'
				  -isomers; (DDD) or (TDE) -1,1 -dichloro -2,2 -bis(p-chlorophenyl) ethane and
				  some o,p' -isomers; (DDE) -1,1 -dichloro -2,2, -bis(p -chlorophenyl)
				  ethylene.
(c) Endrin-"Endrin" means
				  the compound endrin as identified by the chemical name 1,2,3,4,10,10
				  -hexachloro -6,7 -epoxy -1,4,4a,5,6,7,8, 8a -octahydro -1,4, -endo -5,8, -endo
				  -dimethanonaphthalene.
(d)
				  Toxaphene-"Toxaphene" means the material consisting of technical grade
				  chlorinated camphene having the approximate formula of
				  C10 H10Cl8
				  and normally containing 67-69 percent chlorine by weight.
(e) Benzidine-"Benzidine" means the compound
				  benzidine and its salts as identified by the chemical name
				  4,4'-diaminobiphenyl.
(f)
				  Polychlorinated Biphenyls (PCBs) -"Polychlorinated biphenyls (PCBs)" means a
				  mixture of compounds composed of the biphenyl molecule which has been
				  chlorinated to varying degrees.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.5 - Compliance

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) Within 60 days from the date of
				  promulgation of any toxic pollutant effluent standard or prohibition, each
				  owner or operator with a discharge subject to that standard or prohibition must
				  notify the Department, of such discharge. Such notification shall include such
				  information and follow such procedures as the Department may require.
(2) Any owner or operator who does not have a
				  discharge subject to any toxic pollutant effluent standard at the time of such
				  promulgation but who thereafter commences or intends to commence any activity
				  which would result in such a discharge shall first notify the Department, in
				  the manner herein provided, at least 60 days prior to any such
				  discharge.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.6 - Adjustment of effluent standard for presence of toxic pollutant in the intake water

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Upon the
				  request of the owner or operator of a facility discharging a pollutant subject
				  to a toxic pollutant effluent standard or prohibition, the Department shall
				  give credit and shall adjust the effluent standard(s) in such permit to reflect
				  credit for the toxic pollutant(s) in the owner's or operator's water supply if
(1) the source of the owner's or operator's
				  water supply is the same body of water into which the discharge is made and
				  if
(2) it is demonstrated to the
				  satisfaction of the Department that the toxic pollutant(s) present in the
				  owner's or operator's intake water will not be removed by any wastewater
				  treatment systems whose design capacity and operation were such as to reduce
				  toxic pollutants to the levels required by the applicable toxic pollutant
				  effluent standards in the absence of the toxic pollutant in the intake
				  water.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.7 - Requirement and procedure for establishing a more stringent effluent limitation

Current through Register Vol. 48, No. 6, June 28, 2024
(a) In
				  exceptional cases
(1) where the Department
				  determines that the ambient water criterion established in these standards is
				  not being met or will not be met in the receiving water as a result of one or
				  more discharges at levels allowed by these standards, and
(2) where the Department further determines
				  that this is resulting in or may cause or contribute to significant adverse
				  effects on aquatic or other organisms usually or potentially present, or on
				  human health, he may issue to an owner or operator a permit or a permit
				  modification containing a toxic pollutant effluent limitation at a more
				  stringent level than that required by the standard set forth in these
				  regulations. Any such action shall be taken pursuant to the procedural
				  provisions of R.61-9.124 and R.61-9.125, as
				  appropriate.
(3)
				  [Reserved]
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.8 - Compliance date

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  effluent standards or prohibitions set forth herein shall be complied with not
				  later than one year after promulgation unless an earlier date is established by
				  the Administrator for an industrial subcategory in the promulgation of the
				  standards or prohibitions.
(b)
				  Toxic pollutant effluent standards or prohibitions set forth herein shall
				  become enforceable under sections307(d)(d) and 309 of the CWA on the date
				  established in subsection (a) regardless of proceedings in connection with the
				  issuance of any NPDES permit or application therefor, or modification or
				  renewal thereof.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.100 - Aldrin/Dieldrin

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Specialized
				  definitions.
(1) "Aldrin/Dieldrin
				  Manufacturer" means a manufacturer, excluding any source which is exclusively
				  an aldrin/dieldrin formulator, who produces, prepares or processes technical
				  aldrin or dieldrin or who uses aldrin or dieldrin as a material in the
				  production, preparation or processing of another synthetic organic
				  substance.
(2) "Aldrin/Dieldrin
				  Formulator" means a person who produces, prepares or processes a formulated
				  product comprising a mixture of either aldrin or dieldrin and inert materials
				  or other diluents, into a product intended for application in any use
				  registered under the Federal Insecticide, Fungicide and Rodenticide Act, as
				  amended ( 7 U.S.C. 135, et seq.).
(3) The ambient water criterion for
				  aldrin/dieldrin in navigable waters is 0.003 ug/l or the State Standard as
				  identified in SC RegulationR.61-68, whichever is more
				  stringent.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.101 - DDT, DDD and DDE

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Specialized Definitions.
(1) "DDT
				  Manufacturer" means a manufacturer, excluding any source which is exclusively a
				  DDT formulator, who produces, prepares or processes technical DDT, or who uses
				  DDT as a material in the production, preparation or processing of another
				  synthetic organic substance.
(2)
				  "DDT Formulator" means a person who produces, prepares or processes a
				  formulated product comprising a mixture of DDT and inert materials or other
				  diluents into a product intended for application in any use registered under
				  the Federal Insecticide, Fungicide and Rodenticide Act, as amended ( 7 U.S.C.
				  135, et seq.).
(3) The ambient
				  water criterion for DDT in navigable waters is 0.001 ug/l, or the State
				  Standard as identified in S.C. RegulationR.61-68, whichever is more
				  stringent.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.102 - Endrin

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Specialized
				  definitions.
(1) "Endrin Manufacturer" means
				  a manufacturer, excluding any source which is exclusively an endrin formulator,
				  who produces, prepares or processes technical endrin or who uses endrin as a
				  material in the production, preparation or processing of another synthetic
				  organic substance.
(2) "Endrin
				  Formulator" means a person who produces, prepares or processes a formulated
				  product comprising a mixture of endrin and inert materials or other diluents
				  into a product intended for application in any use registered under the Federal
				  Insecticide, Fungicide and Rodenticide Act, as amended ( 7 U.S.C 135, et
				  seq.).
(3) The ambient water
				  criterion for endrin in waters of the State is 0.004 u g/l, or the State
				  Standard as identified in S.C. RegulationR.61-68, whichever is more
				  stringent.