[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.63]

[Page 282-283]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
       Subpart D--Specific Procedures Applicable to NPDES Permits
 
Sec. 124.63  Procedures for variances when EPA is the permitting authority.

    (a) In States where EPA is the permit issuing authority and a 
request for a variance is filed as required by Sec. 122.21, the request 
shall be processed as follows:
    (1)(i) If, at the time, that a request for a variance based on the 
presence of fundamentally different factors or on section 301(g) of the 
CWA is submitted, the Regional Administrator has received an application 
under Sec. 124.3 for issuance or renewal of that permit, but has not yet 
prepared a draft permit under Sec. 124.6 covering the discharge in 
question, the Administrator (or his delegate) shall give notice of a 
tentative decision on the request at the time the notice of the draft 
permit is prepared as specified in Sec. 124.10, unless this would 
significantly delay the processing of the permit. In that case the 
processing of the variance request may be separated from the permit in 
accordance with paragraph (a)(3) of this section, and the processing of 
the permit shall proceed without delay.
    (ii) If, at the time, that a request for a variance under sections 
301(c) or 302(b)(2) of the CWA is submitted, the Regional Administrator 
has received an application under Sec. 124.3 for issuance or renewal of 
that permit, but has not yet prepared a draft permit under Sec. 124.6 
covering the discharge in question, the Regional Administrator, after 
obtaining any necessary concurrence of the EPA Deputy Assistant 
Administrator for Water Enforcement under Sec. 124.62, shall give notice 
of a tentative decision on the request at the time the notice of the 
draft permit is prepared as specified in Sec. 124.10, unless this would 
significantly delay the processing of the permit. In that case the 
processing of the variance request may be separated from the permit in 
accordance with paragraph (a)(3) of this section, and the processing of 
the permit shall proceed without delay.
    (2) If, at the time that a request for a variance is filed the 
Regional Administrator has given notice under Sec. 124.10 of a draft 
permit covering the discharge in question, but that permit has not yet 
become final, administrative proceedings concerning that permit

[[Page 283]]

may be stayed and the Regional Administrator shall prepare a new draft 
permit including a tentative decision on the request, and the fact sheet 
required by Sec. 124.8. However, if this will significantly delay the 
processing of the existing draft permit or the Regional Administrator, 
for other reasons, considers combining the variance request and the 
existing draft permit inadvisable, the request may be separated from the 
permit in accordance with paragraph (a)(3) of this section, and the 
administrative dispositon of the existing draft permit shall proceed 
without delay.
    (3) If the permit has become final and no application under 
Sec. 124.3 concerning it is pending or if the variance request has been 
separated from a draft permit as described in paragraphs (a) (1) and (2) 
of this section, the Regional Administrator may prepare a new draft 
permit and give notice of it under Sec. 124.10. This draft permit shall 
be accompanied by the fact sheet required by Sec. 124.8 except that the 
only matters considered shall relate to the requested variance.

[48 FR 14264, Apr. 1, 1983, as amended at 51 FR 16030, Apr. 30, 1986]