[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: 40CFR125.32]

[Page 291-292]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 125--CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
    Subpart D--Criteria and Standards for Determining Fundamentally 
Different Factors Under Sections 301(b)(1)(A), 301(b)(2) (A) and (E) of 
                                 the Act
 
Sec. 125.32  Method of application.

    (a) A written request for a variance under this subpart D shall be 
submitted in duplicate to the Director in accordance with 
Secs. 122.21(m)(1) and 124.3 of this chapter.

[[Page 292]]

    (b) The burden is on the person requesting the variance to explain 
that:
    (1) Factor(s) listed in Sec. 125.31(b) regarding the discharger's 
facility are fundamentally different from the factors EPA considered in 
establishing the national limits. The requester should refer to all 
relevant material and information, such as the published guideline 
regulations development document, all associated technical and economic 
data collected for use in developing each national limit, all records of 
legal proceedings, and all written and printed documentation including 
records of communication, etc., relevant to the regulations which are 
kept on public file by the EPA;
    (2) The alternative limitations requested are justified by the 
fundamental difference alleged in paragraph (b)(1) of this section; and
    (3) The appropriate requirements of Sec. 125.31 have been met.

[44 FR 32948, June 7, 1979, as amended at 65 FR 30913, May 15, 2000]

Subpart E--Criteria for Granting Economic Variances From Best Available 
Technology Economically Achievable Under Section 301(c) of the Act 
[Reserved]

Subpart F--Criteria for Granting Water Quality Related Variances Under 
Section 301(g) of the Act [Reserved]