Current through Register Vol. 48, No. 9, September 27, 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.
(d) The
term "Approved POTW Pretreatment Program" or "Program" or "POTW Pretreatment
Program" means a program administered by a POTW that meets the criteria
established in this regulation (sections403.8 and 403.9) and which has been
approved by the Regional Administrator or the Department in accordance with
section403.11 of this regulation.
(e) The term "Indirect Discharge" or
"Discharge" means the introduction of pollutants into a POTW from any
non-domestic source regulated under section307(b), (c) or (d)(b), (c) or (d) of
the CWA or Section
48-1-90
of the Pollution Control Act (PCA).
(f) The term "Industrial User" or "User"
means a source of Indirect Discharge.
(g) The term "interference" means a Discharge
which, alone or in conjunction with a discharge or discharges from other
sources, both:
(1) Inhibits or disrupts the
POTW, its treatment processes or operations, or its sludge processes, use or
disposal; and
(2) Therefore is a
cause of a violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation) or of the prevention
of sewage sludge use or disposal in compliance with the following statutory
provisions and regulations or permits issued thereunder (or more stringent
State or 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 including State regulations
contained in any State sludge management plan prepared pursuant to Subtitle D
of the 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.
(h) The term "National Pretreatment
Standard," "Pretreatment Standard," or "Standard" means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
section307(b) and (c)(b) and (c) of CWA, which applies to Industrial Users.
This term includes prohibitive discharge limits established pursuant to
section403.5.
(i)
(1) The term "New Source" means any building,
structure, facility or installation from which there is or may be a discharge
of pollutants, the construction of which commenced after the publication of
proposed Pretreatment Standards under section307(c)(c) of CWA which will be
applicable to such source if such Standards are thereafter promulgated in
accordance with that section, provided that:
(i) The building, structure, facility or
installation is constructed at a site at which no other source is located;
or
(ii) The building, structure,
facility or installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source; or
(iii) The production or wastewater generating
processes of the building, structure, facility or installation are
substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same general type of
activity as the existing source should be considered.
(2) Construction on a site at which an
existing source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility or
installation meeting the criteria of subsections (1)(ii), or (1)(iii) of this
section but otherwise alters, replaces, or adds to existing process or
production equipment.
(3)
Construction of a new source as defined under this paragraph has commenced if
the owner or operator has:
(i) Begun, or
caused to begin as part of a continuous on-site construction program:
(A) Any placement, assembly, or installation
of facilities or equipment; or
(B)
Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the
placement, assembly, or installation of new source facilities or equipment;
or
(ii) Entered into a
binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this
paragraph.
(j) The terms "NPDES Permit" or "Permit"
means a permit including a Land Application permit issued to a POTW pursuant to
section402 of CWA or Section
48-1-100
of the Pollution Control Act (See R.61-9.122 or
R.61-9.505).
(k) The term "Pass
Through" means a Discharge which exits the POTW into waters of the State or of
the United States in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including an increase
in the magnitude or duration of a violation).
(l)
(1) The
term "POTW Treatment Plant" means that portion of the POTW which is designed to
provide treatment (including recycling and reclamation) of municipal sewage and
industrial waste.
(2) For purposes
of Part 403, the term "POTW" shall mean publicly owned treatment works or a
private facility that has been determined to be a regional provider of service
identified under the 208 Water Quality Management Plan.
(m) The term "Pretreatment" means the
reduction of the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to or in
lieu of discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration may be obtained by physical, chemical or biological
processes, process changes or by other means, except as prohibited by
section403.6(f)(e). Appropriate pretreatment technology includes control
equipment, such as equalization tanks or facilities, for protection against
surges or slug loadings that might interfere with or otherwise be incompatible
with the POTW. However, where wastewater from a regulated process is mixed in
an equalization facility with unregulated wastewater or with wastewater from
another regulated process, the effluent from the equalization facility must
meet an adjusted pretreatment limit calculated in accordance with
section403.6(e)(f).
(n) The term
"Pretreatment Requirements" means any substantive or procedural requirement
related to Pretreatment, other than a National Pretreatment Standard, imposed
on an Industrial User.
(o)
Significant Industrial User.
(1) Except as
provided in subsections (2) and (3) of this section, the term Significant
Industrial User means:
(i) All Industrial
Users subject to Categorical Pretreatment Standards under section403.6 and 40
CFR chapter I, subchapter N and
(ii) Any other Industrial User that:
discharges an average of 25,000 gallons per day or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater); contributes a process wastestream which makes up 5 percent or more
of the average dry weather hydraulic or organic capacity of the POTW Treatment
plant; or is designated as such by the Control Authority on the basis that the
Industrial User has a reasonable potential for adversely affecting the POTW's
operation or for violating any Pretreatment Standard or requirement (in
accordance with section403.8(f)(6)(f)(6)).
(2) The Control Authority may determine that
an Industrial User subject to categorical Pretreatment Standards under
Section403.6 and 40 CFR chapter I, subchapter N is a Non-Significant
Categorical Industrial User rather than a Significant Industrial User on a
finding that the Industrial User never discharges more than 100 gallons per day
(gpd) of total categorical wastewater (excluding sanitary, non-contact cooling
and boiler blowdown wastewater, unless specifically included in the
Pretreatment Standard) and the following conditions are met:
(i) The Industrial User, prior to the Control
Authority's finding, has consistently complied with all applicable categorical
Pretreatment Standards and Requirements;
(ii) The Industrial User annually submits the
certification statement required in Section403.12(q)(q) together with any
additional information necessary to support the certification statement;
and
(iii) The Industrial User never
discharges any untreated, concentrated wastewater.
(3) Upon a finding that an Industrial User
meeting the criteria in paragraph (o)(1)(ii) of this section has no reasonable
potential for adversely affecting the POTW's operation or for violating any
Pretreatment Standards or requirement, the Control Authority may at any time,
on its own initiative or in response to a petition received from an Industrial
User or POTW, and in accordance with section403.8(f)(6)(f)(6), determine that
such Industrial User is not a Significant Industrial User.
(p) The term "Submission" means a request by
a POTW for approval of a Pretreatment Program to the Department.
(q) The term "Water Management Division
Director" means one of the Directors of the Water Management Divisions within
the Regional offices of the Environmental Protection Agency or this person's
delegated representative.
