S.D. Admin. R. 74:52:02:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:52:02:10 - Application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers

In addition to the information required by § 74:52:02:08, existing manufacturing, commercial, mining, and silvicultural dischargers applying for SWD permits must provide the following information to the secretary, using application forms provided by the secretary:

(1) The location of the outfalls, including the latitude and longitude to the nearest 15 seconds and the name of the receiving water;

(2) A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under subdivision (3) of this section. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined, the applicant may provide a pictorial description of the nature and amount of any sources of water and any collection and treatment measures;

(3) A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. For a privately owned treatment works, this information must include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated;

(4) If any of the discharges described in subdivision (3) of this section are intermittent or seasonal, a description of the frequency, duration, and flow rate of each discharge occurrence, except for storm water runoff, spillage, or leaks;

(5) If an EPA effluent guideline incorporated by reference in § 74:52:10:01 applies to the applicant and is expressed in terms of production or other measure of operation, a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline. The reported measure must reflect the actual production of the facility as required by § 74:52:03:15;

(6) If the applicant is subject to any present requirements or compliance schedules for construction, upgrading, or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates;

(7) When quantitative data for a pollutant is required in this subdivision, the applicant must collect a sample of effluent as set forth in 40 C.F.R. 122.21 (g)(7) (July 24, 1992) and analyze it for the pollutant in accordance with analytical methods approved under 40 C.F.R. Part 136 (July 1, 1996). The secretary may allow the applicant to test only one outfall and report that the quantitative data also applies to the substantially identical outfalls. The requirements in subsections (b) and (c) of this subdivision that require that an applicant provide quantitative data for certain pollutants known or believed to be present do not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours and a minimum of one to four grab samples may be taken for storm water discharges depending on the duration of the discharge. One grab sample must be taken in the first hour or less of discharge with one additional grab sample taken in each succeeding hour of discharge up to a minimum of four grab samples for discharges lasting four or more hours. In addition, the secretary may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is not feasible and that the minimum of four grab samples will be a representative sample of the effluent being discharged. An applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant or on any previous analyses for the pollutant. Applicants must report the following:

(a) Quantitative data for each outfall for the following pollutants:

(i) Biochemical oxygen demand (BOD);

(ii)Chemical oxygen demand (COD);

(iii) Total organic carbon (TOC);

(iv) Total suspended solids (TSS);

(v) Ammonia (as N);

(vi) Temperature (both winter and summer); and

(vii) pH.

The secretary may waive the reporting requirements for one or more of the pollutants listed in this subsection if the applicant has demonstrated that the waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements;

(b) If the applicant has processes in one or more primary industry categories listed in § 74:52:02:39 which contribute to a discharge, quantitative data for the following pollutants in each outfall containing process wastewater:

(i) The organic toxic pollutants in the fractions designated in § 74:52:02:41 for the applicant's industrial category or categories. The fractions for each toxic pollutant result from the sample preparation required by the analytical procedure which uses gas chromatography/mass spectrometry (GC/MS). A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing applies to testing only; and

(ii)The toxic metals, cyanide, and total phenols listed in § 74:52:02:42;

(c) Whether the applicant knows or has reason to believe that any of the conventional and nonconventional pollutants in § 74:52:02:43 is discharged from each outfall. If an applicable effluent limitation guideline either directly limits the pollutant or, by its expressed terms, indirectly limits the pollutant through limitation on an indicator, the applicant must report quantitative data. For each pollutant discharged which is not so limited in an effluent limitation guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged;

(d) Whether the applicant knows or has reason to believe that any of the toxic pollutants and total phenols listed in §§ 74:52:02:41 and 74:52:02:42, for which quantitative data are not otherwise required under subsection (a) of this subdivision, is discharged from each outfall. For each pollutant expected to be discharged in concentrations of 10 parts per billion (ppb) or greater, the applicant must report quantitative data. If acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol are expected to be discharged in concentrations of 100 ppb or greater, the applicant must report quantitative data. For each pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged;

(e) Whether the applicant knows or has reason to believe that any of the hazardous substances and asbestos in § 74:52:02:44 are discharged from each outfall. For each pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged and report any quantitative data for the pollutant;

(f) Qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it meets one of the following requirements:

(i) Uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP); 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloroproprionate (Erbon); 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichloropheno (TCP); or hexachlorophene (HCP); or

(ii)Knows or has reason to believe that TCDD is or may be present in an effluent;

(8) A listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or by-product. The secretary may waive or modify this requirement for an applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the secretary has adequate information to issue the permit;

(9) Any biological toxicity tests which the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water in relation to a discharge;

(10) If a contract laboratory or consulting firm performed any of the analyses required by this section, the identity of each laboratory or firm and the analyses performed; and

(11) In addition to the information reported on the application form, other information requested by the secretary that may reasonably be needed to assess the discharges of the facility and to determine whether to issue a SWD permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

S.D. Admin. R. 74:52:02:10

14 SDR 86, effective 12/24/1987; transferred from

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-40, 34A-2-44.