Authority: IC 13-14-8; IC 13-18-3
Affected: IC 4-22-2; IC 13-14-8-8; IC 13-14-8-10; IC
permit applicant or permittee may apply to the commissioner for a variance from
the water quality standard used to derive a water quality-based effluent
limitation (WQBEL) contained in a NPDES permit for a specific substance. The
application for such a variance shall be submitted in accordance with the
requirements specified in
The commissioner may approve all or part
of a requested variance, or modify and approve a requested variance, if the
permit applicant demonstrates that implementing a proposed methodology, which
includes any production process(es), wastewater treatment technology, or
combination thereof used to reduce pollutants discharged in the wastewater from
a facility, as identified pursuant to
, will cause an
undue hardship or burden upon the applicant.
In making a determination on a variance
application, the commissioner shall balance the environmental impact likely to
result if the variance is granted against the hardship or burden upon the
applicant if the variance is not granted. In balancing these factors, the
commissioner shall consider the following to determine if the hardship or
burden upon the applicant is undue:
cost and cost effectiveness of pollutant removal by implementing the
methodologies proposed by the applicant and the methodology capable of
attaining the WQBEL.
reduction in concentrations and loadings of pollutants attainable by the
methodologies proposed by the applicant as compared with the reduction
attainable by use of the methodology capable of attaining the WQBEL.
(3) The impact of the proposed methodologies
and the methodology capable of attaining the WQBEL on the price of the goods or
services provided by the applicant.
(4) Information on the relative price of
goods or services in the same market as the applicant.
(5) The overall impact of attaining the WQBEL
and implementing the proposed methodologies on employment at the
(6) Information on the
type and magnitude of adverse or beneficial environmental impacts, including
the net impact on the receiving water, resulting from the proposed
methodologies that could be applied to the control of the substance for which a
variance is applied.
relevant information requested by the commissioner or supplied by the applicant
or the public.
commissioner may grant the variance when the requirements of subsections (b)
and (c) are met.
determination to grant or deny a requested variance shall be made in accordance
with the procedures specified in
. In making this determination, the
commissioner may also consider other information available to the agency or
supplied by the applicant or the public.
(f) A variance applies only to the permit
applicant requesting the variance and only to the substance specified in the
variance application. The granting of a variance does not imply or require that
the water quality standard corresponding to the variance be modified through a
rulemaking in accordance with IC 4-22-2 and IC 13-14-9 [IC 13-7 was
repealed by P.L. 1-1996, SECTION 99, effective July 1,
A variance or
any renewal thereof shall not be granted for a term greater than that allowed
by IC 13-14-8-9 [IC 13-7 was repealed by P.L. 1-1996, SECTION 99,
effective July 1, 1996.]
. Notwithstanding the time at which the
application for a variance is submitted under
, a variance shall not be granted for a
term greater than the term remaining under the permit to which the variance is
(h) Neither the filing of
a variance application nor the granting of a variance shall be grounds for the
staying or dismissing of or a defense in a pending enforcement action. A
variance shall be prospective only.