South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.403 - GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION › Section 61-9.403.6 - National pretreatment standards: Categorical standards

Current through Register Vol. 48, No. 6, June 28, 2024
(a) National Pretreatment Standards
				specifying quantities or concentrations of pollutants or pollutant properties
				which may be discharged to a POTW by existing or new Industrial Users in
				specific industrial subcategories will be established as separate Federal
				regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N.
				These Standards, unless specifically noted otherwise, shall be in addition to
				all applicable pretreatment standards and requirements set forth in this
				part.
(b) Category Determination
				Request
(1) Application Deadline. Within 60
				days after the effective date of a Pretreatment Standard for a subcategory
				under which an Industrial User may be included, the Industrial User or POTW may
				request that the Department provide written certification on whether the
				Industrial User falls within that particular subcategory. If an existing
				Industrial User adds or changes a process or operation which may be included in
				a subcategory, the existing Industrial User must request this certification
				prior to commencing discharge from the added or changed processes or operation.
				A New Source must request this certification prior to commencing discharge.
				Where a request for certification is submitted by a POTW, the POTW shall notify
				any affected Industrial User of such submission. The Industrial User may
				provide written comments on the POTW submission to the Department within 30
				days of notification.
(2) Contents
				of Application. Each request shall contain a statement:
(i) Describing which subcategories might be
				applicable; and
(ii) Citing
				evidence and reasons why a particular subcategory is applicable and why others
				are not applicable. Any person signing the application statement submitted
				pursuant to this section shall make the following certification: "I certify
				under penalty of law that this document and all attachments were prepared under
				my direction or supervision in accordance with a system designed to assure that
				qualified personnel properly gather and evaluate the information submitted.
				Based on my inquiry of the person or persons who manage the system, or those
				persons directly responsible for gathering the information, the information
				submitted is to the best of my knowledge and belief, true, accurate, and
				complete. I am aware that there are significant penalties for submitting false
				information, including the possibility of fine and imprisonment for knowing
				violations."
(3)
				Deficient requests. The Department will only act on written requests for
				determinations that contain all of the information required. Persons who have
				made incomplete submissions will be notified by the Department that their
				requests are deficient and, unless the time period is extended, will be given
				30 days to correct the deficiency. If the deficiency is not corrected within 30
				days or within an extended period allowed by the Department, the request for a
				determination shall be denied.
(4)
				Final decision.
(i) When the Department
				receives a submittal, he or she will, after determining that it contains all of
				the information required by paragraph (2) of this section, consider the
				submission, any additional evidence that may have been requested, and any other
				available information relevant to the request. The Department will then make a
				written determination of the applicable subcategory and state the reasons for
				the determination.
(ii) The
				Department shall forward the determination described in this paragraph to the
				Water Management Division Director who may make a final determination. The
				Water Management Division Director may waive receipt of these determinations.
				If the Water Management Division Director does not modify the Department's
				decision within 60 days after receipt thereof, or if the Water Management
				Division Director waives receipt of the determination, the Department's
				decision is final.
(iii) Where the
				Water Management Division Director elects to modify the Department's decision,
				the Water Management Division Director's decision will be final.
(iv) The Water Management Division Director
				or Department, as appropriate, shall send a copy of the determination to the
				affected Industrial User and the POTW. Where the final determination is made by
				the Water Management Division Director, he or she shall send a copy of the
				determination to the Department.
(5) Requests for hearing and/or legal
				decision. Within 30 days following the date of receipt of notice of the final
				determination as provided for by subsection (b)(4)(iv) of this section, the
				Requester may submit a petition to reconsider or contest the decision to the
				Regional Administrator who shall act on such petition expeditiously and state
				the reasons for his or her determination in writing.