327 IAC 5-18-5 - Variance from a categorical pretreatment standard for fundamentally different factors
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-3-15; IC 13-18-4
Sec. 5.
(a) The
requirements for requesting a variance from a categorical pretreatment standard
for fundamentally different factors are as follows:
(1) Any interested person may request a
fundamentally different factors variance under this section for the following
reasons:
(A) Factors relating to an industrial
user are fundamentally different from the factors considered during development
of a categorical pretreatment standard applicable to that industrial
user.
(B) The existence of the
differing factors justifies a different discharge limit from that specified in
the applicable categorical pretreatment standard.
(2) Requests for a variance and supporting
evidence must be submitted in writing to the commissioner within one hundred
eighty (180) days after the date when a categorical pretreatment standard is
published in the Federal Register. If an industrial user has requested a
categorical determination under section 4(b) of this rule, the industrial user
may defer submission of a variance request under this section until no later
than thirty (30) days after a final decision has been made on the categorical
determination under 40 CFR
403.6(a)(4).
(3) A written request for a fundamentally
different factors variance (FDFV) must include the following:
(A) The name and address of the person making
the request.
(B) Identification of
the interest of the requester, which is affected by the categorical
pretreatment standard, for which the variance is requested.
(C) Identification of the POTW currently
receiving the waste from the industrial user for which alternative discharge
limits are requested.
(D)
Identification of the categorical pretreatment standards that are applicable to
the industrial user.
(E) A list of
each pollutant or pollutant parameter for which an alternative discharge limit
is sought.
(F) The alternative
discharge limits proposed by the requester for each pollutant or pollutant
parameter identified in clause (E).
(G) A description of the industrial user's
existing water pollution control facilities.
(H) A schematic flow representation of the
industrial user's water system, including water supply, process wastewater
systems, and points of discharge.
(I) A statement of facts clearly establishing
why the variance request should be approved, including detailed support data,
documentation, and evidence necessary to fully evaluate the merits of the
request.
(b)
The commissioner shall act upon a FDFV request according to the following:
(1) A decision on a FDFV request according to
subsection (a) shall be made in accordance with the criteria and standards set
forth in 40 CFR
403.13. A variance shall not be granted if a
proposed alternative discharge limit would result in a violation of prohibitive
discharge standards in section 2 of this rule.
(2) When the commissioner makes a tentative
decision on a FDFV request the commissioner shall provide a public notice of
receipt of the request, opportunity to review the submission, and opportunity
to comment. The public notice shall meet the following:
(A) Be circulated in a manner designed to
inform interested and potentially interested persons of the request. Public
notice shall include mailing notices to the following:
(i) The POTW that will receive the discharge
from the industrial user requesting the variance.
(ii) Adjoining states whose waters may be
affected.
(iii) Planning agencies,
federal and state fish agencies, and shellfish and wildlife resource agencies
designated in Section 208 of the Clean Water Act (33 U.S.C.
1288).
(iv) Any other person or group that has
requested individual notice.
(B) Provide for a comment period of not less
than thirty (30) days duration following the date of the public notice during
which time interested persons may review the request and submit written
comments on the request.
(3) The commissioner shall make a
determination on the request for a FDFV taking into consideration any comments
received during the comment period. If the commissioner denies the request, the
commissioner's decision shall be final and notice thereof shall be provided to
the following:
(A) The requester.
(B) The industrial user for which the
variance was requested, if different from the requester of clause
(A).
(C) The POTW intended to
receive the industrial user's discharge that was the subject of the FDFV
request.
(D) All persons who
submitted comments on the request.
(4) If the commissioner concludes that
fundamentally different factors do exist, the commissioner shall forward the
request and a recommendation that a variance be approved to the EPA water
management division director for a final determination pursuant to
40 CFR
403.13.
(5) The commissioner will act only on
variances that contain all of the information required. The commissioner shall
notify a person who has made an incomplete submission that the request is
deficient and, unless the time period is extended, the person will be given a
maximum of thirty (30) days to correct the deficiency. If the deficiency is not
corrected within the time period allowed by the commissioner, the request for
variance shall be denied.
Notes
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