South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - PERMIT CONDITIONS › Section 61-9.122.C.45 - Calculating NPDES permit conditions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Outfalls and discharge points. All permit
				  effluent limitations, standards and prohibitions shall be established for each
				  outfall or discharge point of the permitted facility, except as otherwise
				  provided under section122.44(k)(k) (BMPs where limitations are infeasible) and
				  paragraph (h) of this section (limitations on internal waste
				  streams).
(b) Production-based
				  limitations.
(1) In the case of POTWs, permit
				  effluent limitations, standards, or prohibitions shall be calculated based on
				  design flow.
(2)
(i) Except in the case of POTWs or as
				  provided in paragraph (b)(2)(ii) of this section, calculation of any permit
				  limitations, standards, or prohibitions which are based on production (or other
				  measure of operation) shall be based not upon the designed production capacity
				  but rather upon a reasonable measure of actual production of the facility. For
				  new sources or new dischargers, actual production shall be estimated using
				  projected production. The time period of the measure of production shall
				  correspond to the time period of the calculated permit limitations; for
				  example, monthly production shall be used to calculate average monthly
				  discharge limitations.
(ii)
(A)
(1) The
				  Department may include a condition establishing alternate permit limitations,
				  standards, or prohibitions based upon anticipated increased (not to exceed
				  maximum production capability) or decreased production levels.
(2) For the automotive manufacturing industry
				  only, the Department may establish a condition under paragraph (b)(2)(ii)(A)(1)
				  of this section if the applicant satisfactorily demonstrates to the Department
				  at the time the application is submitted that its actual production, as
				  indicated in paragraph (b)(2)(i) of this section, is substantially below
				  maximum production capability and that there is a reasonable potential for an
				  increase above actual production during the duration of the permit.
(B) If the Department establishes
				  permit conditions under paragraph (b)(2)(ii)(A) of this section:
(1) The permit shall require the permittee to
				  notify the Department at least two business days prior to a month in which the
				  permittee expects to operate at a level higher than the lowest production level
				  identified in the permit. The notice shall specify the anticipated level and
				  the period during which the permittee expects to operate at the alternate
				  level. If the notice covers more than one month, the notice shall specify the
				  reasons for the anticipated production level increase. New notice of discharge
				  at alternate levels is required to cover a period or production level not
				  covered by prior notice or, if during two consecutive months otherwise covered
				  by a notice, the production level at the permitted facility does not in fact
				  meet the higher level designated in the notice.
(2) The permittee shall comply with the
				  limitations, standards, or prohibitions that correspond to the lowest level of
				  production specified in the permit, unless the permittee has notified the
				  Department under paragraph (b)(2)(ii)(B)(1) of this section, in which case the
				  permittee shall comply with the lower of the actual level of production during
				  each month or the level specified in the notice.
(3) The permittee shall submit with the DMR
				  the level of production that actually occurred during each month and the
				  limitations, standards, or prohibitions applicable to that level of
				  production.