Kan. Admin. Regs. § 28-16-95 - Variances from categorical pretreatment standards for fundamentally different factors
40 CFR § 403.13, as in effect on July 1, 1986, is adopted by reference, except that:
(a) in lieu of § 403.13(b), the following
shall apply: "(b) A fundamentally different factors variance may be requested
under this section by any interested person believing that factors relating to
an industrial user are fundamentally different from the factors considered
during development of a categorical pretreatment standard applicable to that
user and that the existence of those factors justifies a different discharge
limit than specified in the applicable categorical pretreatment standard. Such
a variance request may be initiated by the secretary. A fundamentally different
factors variance is not available for any toxic pollutant controlled in a
categorical pretreatment standard; and"
(b) in lieu of § 403.13(c)(1)(ii), the
following shall apply: "(ii) Factors relating to the discharge controlled by
the categorical pretreatment standard are fundamentally different from the
factors considered in establishing the standards; and."
Notes
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