S.C. Code Regs. § § 61-9.125.H.72

Current through Register Vol. 48, 12, December 27, 2024

Section 61-9.125.H.72 - Early screening of applications for variances under section 316(a) of the CWA

(a) Any initial application for a section316(a)(a) variance shall include the following early screening information:

(1) A description of the alternative effluent limitation requested;

(2) A general description of the method by which the discharger proposes to demonstrate that the otherwise applicable thermal discharge effluent limitations are more stringent than necessary;

(3) A general description of the type of data, studies, experiments and other information which the discharger intends to submit for the demonstration; and

(4) Such data and information as may be available to assist the Department in selecting the appropriate representative important species.

(b) After submitting the early screening information under paragraph (a) of this section, the discharger shall consult with the Department at the earliest practicable time (but not later than 30 days after the application is filed) to discuss the discharger's early screening information. Within 60 days after the application is filed, the discharger shall submit for the Department's approval a detailed plan of study which the discharger will undertake to support its section316(a)(a) demonstration. The discharger shall specify the nature and extent of the following type of information to be included in the plan of study; Biological, hydrographical and meteorological data; physical monitoring data; engineering or diffusion models; laboratory studies; representative important species; and other relevant information. In selecting representative important species, special consideration shall be given to species mentioned in applicable water quality standards. After the discharger submits its detailed plan of study, the Department shall either approve the plan or specify any necessary revisions to the plan. The discharger shall provide any additional information or studies which the Department subsequently determines necessary to support the demonstration, including such studies or inspections as may be necessary to select representative important species. The discharger may provide any additional information or studies which the discharger feels are appropriate to support the demonstration.

(c) Any application for the renewal of a section316(a)(a) variance shall include only such information described in paragraph (a) and (b) of this section and section125.73(c)(1)(c)(1) as the Department requests within 60 days after receipt of the permit application.

(d) [Reserved]

(e) In making the demonstration the discharge shall consider any information or guidance published by EPA to assist in making such demonstrations.

(f) If an applicant desires a ruling on a section316(a)(a) application before the ruling on any other necessary permit terms and conditions, it shall so request upon filing its application under paragraph (a) of this section. This request shall be granted or denied at the discretion of the Department.

S.C. Code Regs. § 61-9.125.H.72