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

Universal Citation: SC Code Regs 61-9.125.A.3

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

(2) For dischargers other than POTWs except as provided in R.61-9.122.29(d)(d), NPDES permit effluent limitations requiring:

(i) The best practicable control technology currently available (BPT).

(A) [Reserved]

(B) [Reserved]

(ii) For conventional pollutants, the best conventional pollutant control technology (BCT).

(iii) For all toxic pollutants referred to in Committee Print No. 95-30, House Committee on Public Works and Transportation, the best available technology economically achievable (BAT).

(iv) For all toxic pollutants other than those listed in Committee Print No. 95-30, effluent limitations based on BAT.

(v) For all pollutants which are neither toxic nor conventional pollutants, effluent limitations based on BAT.

(b) Statutory variances and extensions.

(1) The following variances from technology-based treatment requirements are authorized by the CWA and may be applied for under R.61-9.122.21;

(i) [Reserved]

(ii) For dischargers other than POTW's;

(A) [Reserved]

(B) [Reserved]; and

(2) The following extensions of deadlines for compliance with technology-based treatment requirements are authorized by the CWA and may be applied for under R.61-9.124.53:

(i) [Reserved]

(ii) For dischargers other than POTW's:

(A) [Reserved]

(B) A section 301(k)(k) extension of the BAT deadline.

(c) Methods of imposing technology-based treatment requirements in permits. Technology-based treatment requirements may be imposed through one of the following three methods;

(1) Application of EPA-promulgated effluent limitations developed under section 304 of the CWA to dischargers by category or subcategory. These effluent limitations are not applicable to the extent that they have been remanded or withdrawn. However, in the case of a court remand, determinations underlying effluent limitations shall be binding in permit issuance proceedings where those determinations are not required to be reexamined by a court remanding the regulations. In addition, dischargers may seek fundamentally different factors variances from these effluent limitations under R.61-9.122.21 and Part D of this regulation.

(2) On a case-by-case basis under section402(a)(1)(a)(1) of the CWA, to the extent that EPA-promulgated effluent limitations are inapplicable. The permit writer shall apply the appropriate factors listed in section 125.3(d)(d) and shall consider:

(i) The appropriate technology for the category or class of point sources of which the applicant is a member, based upon all available information; and

(ii) Any unique factors relating to the applicant.

(3) Through a combination of the methods in paragraphs (d)(1) and (d)(2) of this section. Where promulgated effluent limitations guidelines only apply to certain aspects of the discharger's operation, or to certain pollutants, other aspects or activities are subject to regulation on a case-by-case basis in order to carry out the provisions of the CWA and Pollution Control Act.

(4) Limitations developed under paragraph (d)(2) of this section may be expressed, where appropriate, in terms of toxicity (e.g., "the LC50 for fat head minnow of the effluent from outfall 001 shall be greater than 25%"), provided that it is shown that the limits reflect the appropriate requirements (for example, technology-based or water-quality-based standards) of the CWA.

(d) In setting case-by-case limitations pursuant to section 125.3(c)(c), the permit writer must consider the following factors:

(1) For BPT requirements:

(i) The total cost of application of technology in relation to the effluent reduction benefits to be achieved from such application;

(ii) The age of equipment and facilities involved;

(iii) The process employed;

(iv) The engineering aspects of the application of various types of control techniques;

(v) Process changes; and

(vi) Non-water quality environmental impact (including energy requirements).

(2) For BCT requirements:

(i) The reasonableness of the relationship between the costs of attaining a reduction in effluent and the effluent reduction benefits derived;

(ii) The comparison of the cost and level of reduction of such pollutants from the discharge from publicly owned treatment works to the cost and level of reduction of such pollutants from a class or category of industrial sources;

(iii) The age of equipment and facilities involved;

(iv) The process employed;

(v) The engineering aspects of the application of various types of control techniques;

(vi) Process changes; and

(vii) Non-water quality environmental impact (including energy requirements).

(3) For BAT requirements:

(i) The age of equipment and facilities involved;

(ii) The process employed;

(iii) The engineering aspects of the application of various types of control techniques;

(iv) Process changes;

(v) The cost of achieving such effluent reduction; and

(vi) Non-water quality environmental impact (including energy requirements).

(e) Technology-based treatment requirements are applied prior to or at the point of discharge.

(f) Technology-based treatment requirements cannot be satisfied through the use of "non-treatment" techniques such as flow augmentation and in-stream mechanical aerators. However, these techniques may be considered as a method of achieving water quality standards on a case-by-case basis when:

(1) The technology-based treatment requirements applicable to the discharge are not sufficient to achieve the standards;

(2) The discharger agrees to waive any opportunity to request a variance under section 301(c), (g) or (h)(c), (g) or (h) of the CWA; and

(3) The discharger demonstrates that such a technique is the preferred environmental and economic method to achieve the standards after consideration of alternatives such as advanced waste treatment, recycle and reuse, land disposal, changes in operating methods, and other available methods.

(g) Technology-based effluent limitations shall be established under this part for solids, sludges, filter backwash, and other pollutants removed in the course of treatment or control of wastewaters in the same manner as for other pollutants.

(h)

(1) The Department may set a permit limit for a conventional pollutant at a level more stringent than the best conventional pollution control technology (BCT), or a limit for a nonconventional pollutant which shall not be subject to modification under section 301(c) or (g)(c) or (g) of the CWA where:

(i) Effluent limitations guidelines specify the pollutant as an indicator for a toxic pollutant, or

(ii)

(A) The limitation reflects BAT-level control of discharges of one or more toxic pollutants which are present in the waste stream, and a specific BAT limitation upon the toxic pollutant(s) is not feasible for economic or technical reasons;

(B) The permit identifies which toxic pollutants are intended to be controlled by use of the limitation; and

(C) The fact sheet required by R.61-9.124.56 sets forth the basis for the limitation, including a finding that compliance with the limitation will result in BAT-level control of the toxic pollutant discharges identified in paragraph (h)(1)(ii)(B) of this part, and a finding that it would be economically or technically infeasible to directly limit the toxic pollutant(s).

(2) The Department may set a permit limit for a conventional pollutant at a level more stringent than BCT when;

(i) Effluent limitations guidelines specify the pollutant as an indicator for a hazardous substance, or

(ii)

(A) The limitation reflects BAT-level control of discharges (or an appropriate level determined under section 301(c) or (g)(c) or (g) of the CWA) of one or more hazardous substance(s) which are present in the waste stream, and a specific BAT (or other appropriate) limitation upon the hazardous substance(s) is not feasible for economic or technical reasons;

(B) The permit identifies which hazardous substances are intended to be controlled by use of the limitation; and

(C) The fact sheet required by R.61-9.124.56 sets forth the basis for the limitation, including a finding that compliance with the limitations will results in BAT-level (or other appropriate level) control of the hazardous substances discharges identified in paragraph (h)(2)(ii)(B) of this section, and a finding that it would be economically or technically infeasible to directly limit the hazardous substance(s).

(iii) Hazardous substances which are also toxic pollutants are subject to paragraph (h)(1) of this section.

(3) The Department may not set a more stringent limit under the preceding paragraphs if the method of treatment required to comply with the limit differs from that which would be required if the toxic pollutant(s) or hazardous substance(s) controlled by the limit were limited directly.

(4) Toxic pollutants identified under paragraph (h)(1) of this section remain subject to the requirements of R.61-9.122.42(a)(1)(a)(1)(notification of increased discharges of toxic pollutants above levels reported in the application form).

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