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

Universal Citation: SC Code Regs 61-9.124.D.62

Current through Register Vol. 48, No. 9, September 27, 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.

(b) The Department may deny, or forward to the Regional Administrator with a written concurrence, or submit to EPA without recommendation a completed request for:

(1) [Reserved]

(2) A variance based on water quality related effluent limitations under CWA section302(b)(2)(b)(2) or PCA.

(c) The Regional Administrator may deny, forward, or submit to the Office Director for Water Enforcement and Permits with a recommendation for approval, a request for a variance listed in paragraph (b) of this section that is forwarded by the Department.

(d) The EPA Office Director for Water Enforcement and Permits may approve or deny any variance request submitted under paragraph (c) of this section. If the Office Director approves the variance, the Department may prepare a draft permit incorporating the variance.

(e) The Department may deny or forward to the Administrator (or his delegate) with a written concurrence a completed request for:

(1) A variance based on the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based;

(2) A variance based upon certain water quality factors under CWA section301(g)(g).

(f) The Administrator (or his delegate) may grant or deny a request for a variance listed in paragraph (e) of this section that is forwarded by the Department. If the Administrator (or his delegate) approves the variance, the Department may prepare a draft permit incorporating the variance.

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