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 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.103 - Toxaphene

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Specialized
				  definitions.
(1) "Toxaphene Manufacturer"
				  means a manufacturer, excluding any source which is exclusively a toxaphene
				  formulator, who produces, prepares or processes toxaphene or who uses toxaphene
				  as a material in the production, preparation or processing of another synthetic
				  organic substance.
(2) "Toxaphene
				  Formulator" means a person who produces, prepares or processes a formulated
				  product comprising a mixture of toxaphene 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 toxaphene in navigable waters is 0.005 ug/l or the State Standard
				  as identified in S.C. Regulation Regulation
				  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.104 - Benzidine

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Specialized
				  definitions.
(1) "Benzidine Manufacturer"
				  means a manufacturer who produces benzidine or who produces benzidine as an
				  intermediate product in the manufacture of dyes commonly used for textile,
				  leather and paper dyeing.
(2)
				  "Benzidine-Based Dye Applicator" means an owner or operator who uses
				  benzidine-based dyes in the dyeing of textiles, leather or paper.
(3) The ambient water criterion for benzidine
				  in navigable waters is 0.1 ug/l or the State Standard as identified in S.C.
				  Regulation Regulation
				  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.105 - Polychlorinated biphenyls (PCBs)

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Specialized definitions.
(1) "PCB
				  Manufacturer" means a manufacturer who produces polychlorinated
				  biphenyls.
(2) "Electrical
				  capacitor manufacturer" means a manufacturer who produces or assembles
				  electrical capacitors in which PCB or PCB-containing compounds are part of the
				  dielectric.
(3) "Electrical
				  transformer manufacturer" means a manufacturer who produces or assembles
				  electrical transformers in which PCB or PCB-containing compounds are part of
				  the dielectric.
(4) The ambient
				  water criterion for PCBs in navigable waters is 0.001 ug/l or the State
				  Standard as identified in S.C. Regulation Regulation
				  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 61-9.133 - SECONDARY TREATMENT REGULATION › Section 61-9.133.100 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
This part provides information on the level of effluent
				  quality attainable through the application of secondary or equivalent
				  treatment. R.61-9.133 will apply to permits drafted or issued under
				  R.61-9.122 (NPDES permits or
				  NPDES general permits).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.133 - SECONDARY TREATMENT REGULATION › Section 61-9.133.100 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
All terms not defined herein shall have the meaning given
				  them R.61-9.122 or R.61-9.124. Terms
				  used in this regulation are defined as follows:
(a) "7-day average." The arithmetic mean of
				pollutant parameter values for samples collected in a period of 7 consecutive
				days.
(b) "30-day average." The
				arithmetic mean of pollutant parameter values of samples collected in a period
				of 30 consecutive days.
(c)
				"BOD5" The five day measure of the pollutant parameter
				biochemical oxygen demand (BOD).
(d) "CBOD5". The five
				day measure of the pollutant parameter carbonaceous biochemical oxygen demand
				(CBOD5).
(e)
				"Effluent concentrations consistently achievable through proper operation and
				maintenance."
(1) For a given pollutant
				parameter, the 95th percentile value for the 30-day average effluent quality
				achieved by a treatment works in a period of at least two years, excluding
				values attributable to upsets, bypasses, operational errors, or other unusual
				conditions, and
(2) A 7-day average
				value equal to 1.5 times the value derived under paragraph (f)(1) of this
				section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.133 - SECONDARY TREATMENT REGULATION › Section 61-9.133.102 - Secondary treatment

Current through Register Vol. 48, No. 6, June 28, 2024
The following paragraphs describe the minimum level of
				  effluent quality (in NPDES permits) attainable by secondary treatment in terms
				  of the parameters -BOD5, TSS and pH. All requirements
				  for each parameter shall be achieved except as provided for in section133.103
				  and section133.105.
(a)
				BOD5.
(1) The 30-day
				average shall not exceed 30 mg/l.
(2) The 7-day average shall not exceed 45
				mg/l.
(3) The 30-day average
				percent removal shall not be less than 85 percent.
(4) At the option of the NPDES permitting
				authority, in lieu of the parameter BOD5 and the levels
				of the effluent quality specified in paragraphs (a)(1), (a)(2) and (a)(3), the
				parameter CBOD5 may be substituted with the following
				levels of the CBOD5 effluent quality provided:
(i) The 30-day average shall not exceed 25
				mg/l.
(ii) The 7-day average shall
				not exceed 40 mg/l.
(iii) The
				30-day average percent removal shall not be less than 85 percent.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.133 - SECONDARY TREATMENT REGULATION › Section 61-9.133.103 - Special considerations

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				Combined sewers. Treatment works subject to this part may not be capable of
				meeting the percentage removal requirements established under
				section133.102(a)(3)(a)(3) and section133.102(b)(3)(b)(3), or
				section133.105(a)(3)(a)(3) and section133.105(b)(3)(b)(3) during wet weather
				where the treatment works receive flows from combined sewers (i.e., sewers
				which are designed to transport both storm water and sanitary sewage). For such
				treatment works, the decisions must be made on a case-by-case basis as to
				whether any attainable percentage removal level can be defined, and if so, what
				the level should be.
(b) Industrial
				wastes. For certain industrial categories, the discharge to waters of the State
				of BOD5 and TSS permitted under sections301(b)(1)(A)(i),
				(b)(2)(E)(b)(1)(A)(i), (b)(2)(E) or 306 of the CWA may be less stringent than
				the values given in section133.102(a)(1)(a)(1),
				section133.102(a)(4)(i)(a)(4)(i), section133.102(b)(1)(b)(1),
				section133.105(a)(1)(a)(1), section133.105(b)(1)(b)(1) and
				section133.105(e)(1)(i)(e)(1)(i). In cases when wastes would be introduced from
				such an industrial category into a publicly owned treatment works, the values
				for BOD5 and TSS in section133.102(a)(1)(a)(1),
				section133.102(a)(4)(i)(a)(4)(i), section133.102(b)(1)(b)(1),
				section133.105(a)(1)(a)(1), section133.105(b)(1)(b)(1), and
				section133.105(e)(1)(i)(e)(1)(i) may be adjusted upwards provided that:
(1) The permitted discharge of such
				pollutants, attributable to the industrial category, would not be greater than
				that which would be permitted under sections301(b)(1)(A)(i)(b)(1)(A)(i),
				301(b)(2)(E) or 306 of the CWA if such industrial category were to discharge
				directly into the waters of the State, and
(2) The flow or loading of such pollutants
				introduced by the industrial category exceeds 10 percent of the design flow or
				loading of the publicly owned treatment works. When such an adjustment is made,
				the values for BOD5 or TSS in
				section133.102(a)(2)(a)(2), section133.102(a)(4)(ii)(a)(4)(ii),
				section133.102(b)(2)(b)(2), section133.105(a)(2)(a)(2),
				section133.105(b)(2)(b)(2), and section133.105(e)(1)(ii)(e)(1)(ii) shall be
				adjusted proportionately.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.133 - SECONDARY TREATMENT REGULATION › Section 61-9.133.104 - Sampling and test procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Sampling and test procedures for
				pollutants listed in this part shall be in accordance with test methods set
				forth in 40 CFR Part 136.
(b)
				Chemical oxygen demand (COD) or total organic carbon (TOC) may be substituted
				for BOD5 when a long-term BOD:COD or BOD:TOC correlation
				has been demonstrated.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.133 - SECONDARY TREATMENT REGULATION › Section 61-9.133.105 - Treatment equivalent to secondary treatment

Current through Register Vol. 48, No. 6, June 28, 2024
This section describes the minimum level of effluent quality
				  (in NPDES permits) attainable by facilities eligible for treatment equivalent
				  to secondary treatment (section133.101(g)(g)) in terms of the parameters -
				  BOD5, TSS and pH. All requirements for the specified
				  parameters in paragraphs (a), (b) and (c) of this section shall be achieved
				  except as provided for in section133.103, or paragraphs (d), (e) or (f) of this
				  section.
(a)
				BOD5.
(1) The 30-day
				average shall not exceed 45 mg/l.
(2) The 7-day average shall not exceed 65
				mg/l.
(3) The 30-day average
				percent removal shall not be less than 65 percent.
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 61-9.403.1 - Purpose and applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) This
				regulation implements sections204(b)(1)(C)(b)(1)(C), 208(b)(2)(C)(iii),
				301(b)(1)(A)(ii), 301(b)(2)(A)(ii), 301(h)(5) and 301(i)(2), 304(e) and (g),
				307, 308, 309, 402(b), 405, and 501(a) of the Federal Water Pollution Control
				Act as amended by the Clean Water Act of 1977 (Pub. L-95-217) or "CWA." It
				establishes responsibilities of State and local government, industry and the
				public to implement National Pretreatment Standards to control pollutants which
				pass through or interfere with treatment processes in Publicly Owned Treatment
				Works (POTWs) or which may contaminate sewage sludge.
(b) This regulation applies:
(1) to pollutants from non-domestic sources
				covered by Pretreatment Standards which are indirectly discharged into or
				transported by truck or rail or otherwise introduced into POTWs as defined
				below in section403.3;
(2) to POTWs
				which receive wastewater from sources subject to National Pretreatment
				Standards;
(3) to any new or
				existing source subject to Pretreatment Standards. National Pretreatment
				Standards do not apply to sources which discharge to a sewer which is not
				connected to a POTW Treatment Plant.
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 61-9.403.2 - Objectives of general pretreatment regulations

Current through Register Vol. 48, No. 6, June 28, 2024
By establishing the responsibilities of government and
				  industry to implement National Pretreatment Standards this regulation fulfills
				  three objectives:
(a) to prevent the
				introduction of pollutants into POTWs which will interfere with the operation
				of a POTW, including interference with its use or disposal of municipal
				sludge;
(b) to prevent the
				introduction of pollutants into POTWs which will pass through the treatment
				works or otherwise be incompatible with such works; and
(c) to improve opportunities to recycle and
				reclaim municipal and industrial wastewaters and sludges.
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 61-9.403.3 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as
				discussed below, the general definitions, abbreviations, and methods of
				analysis set forth in 40 CFR Part 401, R.61-9.122, or R.61-9.124 apply.
(b) The term Best Management Practices or BMP
				means schedules of activities, prohibitions of practices, maintenance
				procedures, and other management practices to implement the prohibitions listed
				in Sections403.5(a)(1) and (b)(a)(1) and (b). BMP also include treatment
				requirements, operating procedures, and practices to control plant site runoff,
				spillage or leaks, sludge or waste disposal, or drainage from raw materials
				storage.
(c) The term Control
				Authority refers to:
(1) The POTW, if the
				POTW's Pretreatment Program submission has been approved in accordance with the
				requirements of Section403.11; or
(2) The Department, if the submission has not
				been approved.
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 61-9.403.4 - State or local law

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation is intended to affect any
				  Pretreatment Requirements, including any standards or prohibitions, established
				  by local law as long as the local requirements are not less stringent than any
				  set forth in National Pretreatment Standards, or any other requirements or
				  prohibitions established under CWA or this regulation.
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 61-9.403.5 - National pretreatment standards: Prohibited discharges

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1)
				General prohibitions. A User may not introduce into a POTW any pollutant(s)
				which cause Pass Through or Interference. These general prohibitions and the
				specific prohibitions in paragraph (b) of this section apply to each User
				introducing pollutants into a POTW whether or not the User is subject to other
				National Pretreatment Standards or any national, State, or local Pretreatment
				Requirements.
(2) Affirmative
				Defenses. A User shall have an affirmative defense in any action brought
				against it alleging a violation of the general prohibitions established in
				paragraph (a)(1) of this section and the specific prohibitions in paragraphs
				(b)(3), (b)(4), (b)(5), (b)(6), and (b)(7) of this section where the User can
				demonstrate that:
(i) It did not know or have
				reason to know that its Discharge, alone or in conjunction with a discharge or
				discharges from other sources, would cause Pass Through or Interference;
				and
(ii)
(A) A local limit designed to prevent Pass
				Through and/or Interference, as the case may be, was developed in accordance
				with paragraph (c) of this section for each pollutant in the User's Discharge
				that caused Pass Through or Interference, and the User was in compliance with
				each such local limit directly prior to and during the Pass Through or
				Interference; or
(B) If a local
				limit designed to prevent Pass Through and/or Interference, as the case may be,
				has not been developed in accordance with paragraph (c) of this section for the
				pollutant(s) that caused the Pass Through or Interference, the User's Discharge
				directly prior to and during the Pass Through or Interference did not change
				substantially in nature or constituents from the User's prior discharge
				activity when the POTW was regularly in compliance with the POTW's NPDES permit
				requirements and, in the case of Interference, applicable requirements for
				sewage sludge use or disposal.
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 61-9.403.7 - Removal Credits

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				Introduction.
(1) Definitions. For the
				purpose of this section:
(i) "Removal" means
				a reduction in the amount of a pollutant in the POTW's effluent or alteration
				of the nature of a pollutant during treatment at the POTW. The reduction or
				alteration can be obtained by physical, chemical or biological means and may be
				the result of specifically designed POTW capabilities or may be incidental to
				the operation of the treatment system. Removal as used in this subpart shall
				not mean dilution of a pollutant in the POTW.
(ii) "Sludge Requirements" shall mean the
				following statutory provisions and regulations or permits issued thereunder (or
				more stringent local regulations): section405 of the Clean Water Act; the Solid
				Waste Disposal Act (SWDA) (including Title II more commonly referred to as the
				Resource Conservation and Recovery Act (RCRA) and State regulations contained
				in any State sludge management plan prepared pursuant to Subtitle D of SWDA);
				the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
				Research, and Sanctuaries Act, and the South Carolina Pollution Control
				Act.
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 61-9.403.8 - POTW Pretreatment Program Requirements: Development and Implementation by POTW

Current through Register Vol. 48, No. 6, June 28, 2024
(a) POTW's
				required to develop a pretreatment program.
(1) Any POTW (or combination of POTWs
				operated by the same authority) with a total design flow greater than 5 million
				gallons per day (mgd) and receiving from Industrial Users pollutants which Pass
				Through or Interfere with the operation of the POTW or are otherwise subject to
				Pretreatment Standards will be required to establish a POTW Pretreatment
				Program.
(2) [Reserved]
(3) The Department may require that a POTW
				with a design flow of 5 mgd or less develop a POTW Pretreatment Program if he
				or she finds that the nature or volume of the industrial influent, treatment
				process upsets, violations of POTW effluent limitations, contamination of
				municipal sludge, or other circumstances warrant in order to prevent
				Interference with the POTW or Pass Through.
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 61-9.403.9 - POTW pretreatment programs and/or authorization to revise pretreatment standards: Submission for approval

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Who approves Program. A POTW requesting
				approval of a POTW Pretreatment Program shall develop a program description
				which includes the information set forth in paragraphs (b)(1) through (4) of
				this section. This description shall be submitted to the Department which will
				make a determination on the request for program approval in accordance with the
				procedures described in section403.11.
(b) Contents of POTW program submission. The
				program description must contain the following information:
(1) A statement from the City Solicitor or a
				city official acting in a comparable capacity (or the attorney for those POTWs
				which have independent legal counsel) that the POTW has authority adequate to
				carry out the programs described in section403.8. This statement shall:
(i) Identify the provision of the legal
				authority under section403.8(f)(1)(f)(1) which provides the basis for each
				procedure under section403.8(f)(2)(f)(2);
(ii) Identify the manner in which the POTW
				will implement the program requirements set forth in section403.8, including
				the means by which Pretreatment Standards will be applied to individual
				Industrial Users (e.g., by order, permit, ordinance, etc.); and,
(iii) Identify how the POTW intends to ensure
				compliance with Pretreatment Standards and Requirements, and to enforce them in
				the event of noncompliance by Industrial Users;
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 61-9.403.11 - Approval procedures for POTW pretreatment programs and POTW granting of removal credits

Current through Register Vol. 48, No. 6, June 28, 2024
The following procedures shall be adopted in approving or
				  denying requests for approval of POTW Pretreatment Programs and applications
				  for removal credit authorization:
(a)
				Deadline for review of submission. The Department shall have 90 days from the
				date of public notice of any Submission complying with the requirements of
				section403.9(b)(b) and, where removal credit authorization is sought with
				section403.7(e) and section403.9(b)(d), to review the Submission. The
				Department shall review the Submission to determine compliance with the
				requirements of section403.8(b) and (f)(b) and (f), and, where removal credit
				authorization is sought, with section403.7(e). The Department may have up to an
				additional 90 days to complete the evaluation of the Submission if the public
				comment period provided for in paragraph (b)(1)(ii) of this section is extended
				beyond 30 days or if a public hearing is held as provided for in paragraph
				(b)(2) of this section. In no event, however, shall the time for evaluation of
				the Submission exceed a total of 180 days from the date of public notice of a
				Submission meeting the requirements of section403.9(b)(b) and, in the case of a
				removal credit application, section403.7(e)(e) and
				section403.9(d)(b).
(b) Public
				notice and opportunity for hearing. Upon receipt of a Submission, the
				Department shall commence its review. After making a determination that a
				Submission meets the requirements of section403.9(b)(b) the Department shall:
(1) Issue a public notice of request for
				approval of the Submission;
(i) This public
				notice shall be circulated in a manner designed to inform interested and
				potentially interested persons of the Submission. Procedures for the
				circulation of public notice shall include:
(A) Mailing notices of the request for
				approval of the Submission to designated 208 planning agencies, Federal and
				State fish, shellfish, and wildlife resource agencies (unless such agencies
				have asked not to be sent the notices); and to any other person or group who
				has requested individual notice, including those on appropriate mailing lists;
				and
(B) Publication of a notice of
				request for approval of the Submission in a newspaper(s) of general circulation
				within the jurisdiction(s) served by the POTW that provides meaningful public
				notice.
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 61-9.403.13 - Variances from categorical pretreatment standards for fundamentally different factors

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Definition.
				The term "Requester" means an Industrial User or a POTW or other interested
				person seeking a variance from the limits specified in a categorical
				Pretreatment Standard.
(b) Purpose
				and scope. In establishing categorical Pretreatment Standards for existing
				sources, the EPA will take into account all the information it can collect,
				develop and solicit regarding the factors relevant to pretreatment standards
				under section307(b)(b). In some cases, information which may affect these
				Pretreatment Standards will not be available or, for other reasons, will not be
				considered during their development. As a result, it may be necessary on a
				case-by-case basis to adjust the limits in categorical Pretreatment Standards,
				making them either more or less stringent, as they apply to a certain
				Industrial User within an industrial category or subcategory. This will only be
				done if data specific to that Industrial User 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 an Industrial
				User are fundamentally different from the factors considered during development
				of a categorical Pretreatment Standard applicable to that User and further,
				that the existence of those factors justifies a different discharge limit than
				specified in the applicable categorical Pretreatment Standard, may request a
				fundamentally different factors variance under this section or such a variance
				request may be initiated by the EPA.
(c) Criteria.
(1) General criteria. A request for a
				variance based upon fundamentally different factors shall be approved only if:
(i) There is an applicable categorical
				Pretreatment Standard which specifically controls the pollutant for which
				alternative limits have been requested; and
(ii) Factors relating to the discharge
				controlled by the categorical Pretreatment Standards are fundamentally
				different from the factors considered by EPA in establishing the Standards;
				and
(iii) The request for a
				variance is made in accordance with the procedural requirements in paragraphs
				(g) and (h) of this section.
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 61-9.403.14 - Confidentiality

Current through Register Vol. 48, No. 6, June 28, 2024
(a) EPA
				authorities. In accordance with 40 CFR Part 2, any information submitted to EPA
				pursuant to these regulations may be claimed as confidential by the submitter.
				Any such claim must be asserted at the time of submission in the manner
				prescribed on the application form or instructions, or, in the case of other
				submissions, by stamping the words "confidential business information" on each
				page containing such information. If no claim is made at the time of
				submission, EPA may make the information available to the public without
				further notice. If a claim is asserted, the information will be treated in
				accordance with the procedures in 40 CFR Part 2 (Public Information).
(b) Effluent data. Information and data
				provided to the Control Authority pursuant to this part which is effluent data
				shall be available to the public without restriction.
(c) State or POTW. All other information
				which is submitted to the State of South Carolina or the POTW shall be
				available to the public at least to the extent provided by
				40
				CFR 2.302 and S.C. Code Ann. 30-4-10 et
				seq.
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 61-9.403.15 - Net/gross calculation

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				Application. Categorical Pretreatment Standards may be adjusted to reflect the
				presence of pollutants in the Industrial User's intake water in accordance with
				this section. Any Industrial User wishing to obtain credit for intake
				pollutants must make application to the Control Authority. Upon request of the
				Industrial User, the applicable Standard will be calculated on a "net" basis
				(i.e., adjusted to reflect credit for pollutants in the intake water) if the
				requirements of paragraph (b) of this section are met.
(b) Criteria.
(1) Either:
(i) The applicable categorical Pretreatment
				Standards contained in 40 CFR subchapter N specifically provide that they shall
				be applied on a net basis or
(ii)
				The Industrial User demonstrates that the control system it proposes or uses to
				meet applicable categorical Pretreatment Standards would, if properly installed
				and operated, meet the Standards in the absence of pollutants in the intake
				waters.
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 61-9.403.16 - Upset provision

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				Definition. For the purposes of this section, "Upset" means an exceptional
				incident in which there is unintentional and temporary noncompliance with
				categorical Pretreatment Standards because of factors beyond the reasonable
				control of the Industrial User. An Upset does not include noncompliance to the
				extent caused by operational error, improperly designed treatment facilities,
				inadequate treatment facilities, lack of preventive maintenance, or careless or
				improper operation.
(b) Effect of
				an upset. An Upset shall constitute an affirmative defense to an action brought
				for noncompliance with categorical Pretreatment Standards if the requirements
				of paragraph (c) are met.
(c)
				Conditions necessary for a demonstration of upset. An Industrial User who
				wishes to establish the affirmative defense of Upset shall demonstrate, through
				properly signed, contemporaneous operating logs, or other relevant evidence
				that:
(1) An Upset occurred and the Industrial
				User can identify the cause(s) of the Upset;
(2) The facility was at the time being
				operated in a prudent and workmanlike manner and in compliance with applicable
				operation and maintenance procedures;
(3) The Industrial User has submitted the
				following information to the POTW and Control Authority within 24 hours of
				becoming aware of the Upset (if this information is provided orally, a written
				submission must be provided within five days):
(i) A description of the Indirect Discharge
				and cause of noncompliance;
(ii)
				The period of noncompliance, including exact dates and times or, if not
				corrected, the anticipated time the noncompliance is expected to
				continue;
(iii) Steps being taken
				and/or planned to reduce, eliminate and prevent recurrence of the
				noncompliance.
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 61-9.403.17 - Bypass

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Definitions.
(1) "Bypass" means the intentional diversion
				of waste streams from any portion of an Industrial User's treatment
				facility.
(2) "Severe property
				damage" means substantial physical damage to property, damage to the treatment
				facilities which causes them to become inoperable, or substantial and permanent
				loss of natural resources which can reasonably be expected to occur in the
				absence of a bypass. Severe property damage does not mean economic loss caused
				by delays in production.
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 61-9.403.18 - Modification of POTW Pretreatment Programs

Current through Register Vol. 48, No. 6, June 28, 2024
(a) General. Either the Department or a POTW
				with an approved POTW Pretreatment Program may initiate program modification at
				any time to reflect changing conditions at the POTW. Program modification is
				necessary whenever there is a significant change in the operation of a POTW
				Pretreatment Program that differs from the information in the POTW's
				Submission, as approved under section403.11.
(b) Substantial modifications defined.
				Substantial modifications include:
(1)
				Modifications that relax POTW legal authorities [as described in
				section403.8(f)(1)(f)(1)], except for modifications that directly reflect a
				revision to this Part 403 or to 40 CFR chapter I, subchapter N, and are
				reported pursuant to paragraph (d) of this section;
(2) Modifications that relax local limits,
				except for the modifications to local limits for pH and reallocations of the
				Maximum Allowable Industrial Loading of a pollutant that do not increase the
				total industrial loadings for the pollutant, which are reported pursuant to
				paragraph (d) of this section. Maximum Allowable Industrial Loading means the
				total mass of a pollutant that all Industrial Users of a POTW (or a subgroup of
				Industrial Users identified by the POTW) may discharge pursuant to limits
				developed under section403.5(c)(c);
(3) Changes to the POTW's control mechanism,
				as described in section403.8(f)(1)(iii)(f)(1)(iii);
(4) A decrease in the frequency of
				self-monitoring or reporting required of industrial users;
(5) A decrease in the frequency of industrial
				user inspections or sampling by the POTW;
(6) Changes to the POTW's confidentiality
				procedures; and
(7) Other
				modifications designated as substantial modifications by the Department on the
				basis that the modification could have a significant impact on the operation of
				the POTW's Pretreatment Program; could result in an increase in pollutant
				loadings at the POTW; or could result in less-stringent requirements being
				imposed on Industrial Users of the POTW.
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 › Appendix 61-9.403.B - 65 TOXIC POLLUTANTS

Current through Register Vol. 48, No. 6, June 28, 2024
Acenaphthene
Acrolein
Acrylonitrile
Aldrin/Dieldrin
Antimony and compounds
Arsenic and compounds
Asbestos
Benzene
Benzidine
Beryllium and compounds
Cadmium and compounds
Carbon tetrachloride
Chlordane (technical mixture and metabolites)
Chlorinated benzenes (other than dichlorobenzenes)
Chlorinated ethanes (including
				  1,2-dichloroethane,1,1,1-trichloroethane, and hexachloroethane)
Chloroalkyl ethers (chloroethyl and mixed ethers)
Chlorinated naphthalene
Chlorinated phenols (other than those listed elsewhere;
				  includes trichlorophenols and chlorinated cresols)
Chloroform
2-chlorophenol
Chromium and compounds
Copper and compounds
Cyanides
DDT and metabolites
Dichlorobenzenes (1,2-, 1,3-, and
				  1,4-dichlorobenzenes)
Dichlorobenzidine
Dichloroethylenes (1,1- and 1,2-dichloroethylene)
2,4-dichlorophenol
Dichloropropane and dichloropropene 2,4-dimethylphenol
Dinitrotoluene
Diphenylhydrazine
Endosulfan and metabolites
Endrin and metabolites
Ethylbenzene
Fluoranthene
Haloethers (other than those listed elsewhere; includes
				  chlorophenylphenyl ethers, bromophenylphenyl ether, bis-(dichloroisopropyl)
				  ether, bis-(chloroethoxy) methane and polychlorinated diphenyl ethers)
Halomethanes (other than those listed elsewhere; includes
				  methylene chloride, methylchloride, methylbromide, bromoform,
				  dichlorobromomethane)
Heptachlor and metabolites
Hexachlorobutadiene
Hexachlorocyclohexane
Hexachlorocyclopentadiene
Isophorone
Lead and compounds
Mercury and compounds
Naphthalene
Nickel and compounds
Nitrophenols (including 2,4-dinitrophenol,
				  dinitrocresol)
Nitrosamines
Pentachlorophenol
Phenol
Phthalate esters
Polychlorinated biphenyls (PCBs)
Polynuclear aromatic hydrocarbons (including benzanthracenes,
				  benzopyrenes, benzofluoranthene, chrysenes, dibenzanthracenes, and
				  indenopyrenes)
Selenium and compounds
Silver and compounds
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxaphene
Trichloroethylene
Vinyl chloride
Zinc and compounds
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 › Appendix 61-9.403.C - INDUSTRIAL CATEGORIES SUBJECT TO NATIONAL CATEGORICAL PRETREATMENT STANDARDS

Current through Register Vol. 48, No. 6, June 28, 2024
Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Builder's Paper
Carbon Black
Cement Manufacturing
Centralized Waste Treatment
Coil Coating
Copper Forming
Dairy Products Processing
Electrical and Electronic Components
Electroplating
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Fruits and Vegetables Processing Manufacturing
Glass Manufacturing
Grain Mills
Ink Formulating
Inorganic Chemicals
Iron and Steel Manufacturing
Leather Tanning and Finishing
Meat Processing
Metal Finishing
Metal Molding and Casting
Nonferrous Metals Forming and Metal Powders
Nonferrous Metals Manufacturing
Oil and Gas Extraction
Organic Chemicals, Plastics, and Synthetic Fibers
Paint Formulating
Paving and Roofing (Tars and Asphalt)
Pesticides
Petroleum Refining
Pharmaceuticals
Phosphate Manufacturing
Plastics Molding and Forming
Porcelain Enameling
Pulp, Paper, and Paperboard
Rubber Manufacturing
Seafood Processing
Soaps and Detergents Manufacturing
Steam Electric
Sugar Processing
Textile Mills
Timber Products Processing
Transportation Equipment Cleaning
Waste Combustors
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 › Appendix 61-9.403.E - SAMPLING PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
I.
				COMPOSITE METHOD
A. It is recommended that
				influent and effluent operational data be obtained through 24-hour flow
				proportional composite samples. Sampling may be done manually or automatically,
				and discretely or continuously. If discrete sampling is employed, at least 12
				aliquots should be composited. Discrete sampling may be flow proportioned
				either by varying the time interval between each aliquot or the volume of each
				aliquot. All composites should be flow proportional to either the stream flow
				at the time of collection of the influent aliquot or to the total influent flow
				since the previous influent aliquot. Volatile pollutant aliquots must be
				combined in the laboratory immediately before analysis.
B. Effluent sample collection need not be
				delayed to compensate for hydraulic detention unless the POTW elects to include
				detention time compensation or unless the Department requires detention time
				compensation. The Department may require that each effluent sample is taken
				approximately one detention time later than the corresponding influent sample
				when failure to do so would result in an unrepresentative portrayal of actual
				POTW operation. The detention period should be based on a 24-hour average daily
				flow value. The average daily flow should in turn be based on the average of
				the daily flows during the same month of the previous year.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.503 - STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE › Part A - GENERAL PROVISIONS › Section 61-9.503.A.1 - Purpose and applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Purpose.
(1) This part establishes standards, which
				  consist of general requirements, pollutant limits, management practices, and
				  operational standards, for the final use or disposal of sewage sludge generated
				  during the treatment of domestic sewage in a treatment works. Standards are
				  included in this part for sewage sludge applied to the land, placed on a
				  surface disposal site, or fired in a sewage sludge incinerator. Also included
				  in this part are pathogen and alternative vector attraction reduction
				  requirements for sewage sludge applied to the land or placed on a surface
				  disposal site.
(2) In addition, the
				  standards in this part include the frequency of monitoring and recordkeeping
				  requirements when sewage sludge is applied to the land, placed on a surface
				  disposal site, or fired in a sewage sludge incinerator. Also included in this
				  part are reporting requirements for Class I sludge management facilities,
				  publicly owned treatment works (POTWs) with a design flow rate equal to or
				  greater than one million gallons per day, POTWs that serve 10,000 people or
				  more, and all sewage sludge disposal when sewage sludge is applied to the land,
				  placed on a surface disposal site, or fired in a sewage sludge
				  incinerator.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.503 - STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE › Part A - GENERAL PROVISIONS › Section 61-9.503.A.2 - Compliance period

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Compliance
				  with the standards in this part shall be achieved as expeditiously as
				  practicable, but in no case later than February 19, 1994. When compliance with
				  the standards requires construction of new pollution control facilities,
				  compliance with the standards shall be achieved as expeditiously as
				  practicable, but in no case later than February 19, 1995.
(b) The requirements for frequency of
				  monitoring, recordkeeping, and reporting in this part for total hydrocarbons in
				  the exit gas from a sewage sludge incinerator are effective February 19, 1994
				  or, if compliance with the operational standard for total hydrocarbons in this
				  part requires the construction of new pollution control facilities, February
				  19, 1995.
(c) All other
				  requirements for frequency of monitoring, recordkeeping, and reporting in this
				  part are effective on July 20, 1993.
(d) Unless otherwise specified in subpart E,
				  compliance with the requirements in sections503.41 (c) through (r), 503.43(c),
				  (d), and (e), 503.45(a)(1) and (b) through (f), 503.46(a)(1), (a)(3), and (c),
				  and 503.47(f) that were revised on September 3, 1999, shall be achieved as
				  expeditiously as practicable, but in no case later than September 5, 2000. When
				  new pollution control facilities must be constructed to comply with the revised
				  requirements in subpart E. compliance with the revised requirements shall be
				  achieved as expeditiously as practicable but no later than September 4,
				  2001.
(e) Compliance with 503
				  Appendix C-PCB, shall be required upon publication of the revised regulation in
				  the South Carolina State Register.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.503 - STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE › Part A - GENERAL PROVISIONS › Section 61-9.503.A.3 - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  requirements in this part shall be implemented through a permit, with the
				  exception of 503 Appendix C-PCB in accordance with 503.3(b):
(1) issued to a "treatment works treating
				  domestic sewage", as defined in R.61-9.122.2, in accordance with
				  R.61-9.122, 124, and 505, by
				  the State in accordance with 40 CFR 123 or,
(2) issued to any person who prepares,
				  generates, or disposes of sewage sludge when the sewage sludge is applied to
				  the land, placed on a surface disposal site, or fired in a sewage sludge
				  incinerator, or
(3) issued under
				  subtitle C of the Solid Waste Disposal Act; subpart C of the Safe Drinking
				  Water Act; the Marine Protection, Research, and Sanctuaries Act of 1972; or the
				  Clean Air Act. "Treatment works treating domestic sewage" shall submit a permit
				  application in accordance with R.61-9.122.21.
(4) A person who derives a bulk or bag
				  material from sewage sludge shall not be required to obtain a permit if: (1)
				  the sewage sludge meets the ceiling concentrations in Table 1 of section
				  503.13; the pollutant concentration limits in Table 3 of section 503.13; the
				  Class A pathogen requirements of section 503.32(a); one of the vector
				  attraction reduction requirements in section 503.33(b)(1) through section
				  503.33(b)(8); and the requirements in 503 Appendix C-PCB, and (2) there is a
				  permit in effect for either the preparer, generator and/or applier of the
				  sewage sludge.