(a) Subject to EPA objection under
40 C.F.R.
123.44, as revised as of July 1, 2005, the
department may grant or deny requests for the following variances:
(1) extensions under
33 U.S.C.
1311(i), based on delay in
completion of a POTW;
(2)
extensions under 33 U.S.C.
1311(k), based on the use of
innovative technology; however, the department will first consult with the
regional administrator; and
(3)
variances under 33 U.S.C.
1326(a), for thermal
pollution.
(b) The
department may deny, or forward to the regional administrator with a written
concurrence or without a recommendation, a completed request for a variance
based on
(1) the economic capability of the
applicant under 33 U.S.C.
1311(c); or
(2) water quality related effluent
limitations under 33 U.S.C.
1312(b)(2).
(c) When the department forwards a
request for a variance listed in (b) of this section to the EPA, the regional
administrator, under 40
C.F.R.
124.62(c), as revised
as of July 1, 2005, has authority to deny, forward without recommendation or
with a recommendation for approval to the director of the EPA Office of
Wastewater Management.
(d) Under
40 C.F.R.
124.62(d), the director of
the EPA Office of Wastewater Management has authority to approve or deny any
variance request submitted under (c) of this section. If the EPA Office of
Wastewater Management director approves the variance, the department may
prepare a draft permit incorporating the variance. Any public notice of a draft
permit for which the EPA has approved or denied a variance or modification must
identify the applicable procedures for appealing that decision under
40 C.F.R.
124.64, as revised as of July 1,
2005.
(e) The department may deny
or forward to the administrator or the administrator's delegate with a written
concurrence a completed request for a variance based on
(1) the presence of "fundamentally different
factors" from those on which an effluent limitations guideline was based;
or
(2) certain water quality
factors under 33 U.S.C.
1311(g).
(f) Under
40 C.F.R.
124.62(f), the administrator
or the administrator's delegate has authority to grant or deny a request for a
variance listed in (e) of this section that the department forwards. If the
administrator or the administrator's delegate approves the variance, the
department may prepare a draft permit incorporating the variance. Any public
notice of a draft permit for which the EPA has approved or denied a variance or
modification must identify the applicable procedures for appealing that
decision under 40 C.F.R.
124.64, as revised as of July 1,
2005.
