[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.62]

[Page 295-296]
 
                   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. 124.62  Decision on variances.

    (Applicable to State programs, see Sec. 123.25 (NPDES).)
    (a) The Director may grant or deny requests for the following 
variances (subject to EPA objection under Sec. 123.44 for State 
permits):
    (1) Extensions under CWA section 301(i) based on delay in completion 
of a publicly owned treatment works;
    (2) After consultation with the Regional Administrator, extensions 
under CWA section 301(k) based on the use of innovative technology; or
    (3) Variances under CWA section 316(a) for thermal pollution.
    (b) The State Director may deny, or forward to the Regional 
Administrator with a written concurrence, or submit to EPA without 
recommendation a completed request for:
    (1) A variance based on the economic capability of the applicant 
under CWA section 301(c); or
    (2) A variance based on water quality related effluent limitations 
under CWA section 302(b)(2).
    (c) The Regional Administrator may deny, forward, or submit to the 
EPA Office Director for Water Enforcement and Permits with a 
recommendation for approval, a request for a variance

[[Page 296]]

listed in paragraph (b) of this section that is forwarded by the State 
Director, or that is submitted to the Regional Administrator by the 
requester where EPA is the permitting authority.
    (d) The EPA Office Director for Water Enforcement and Permits may 
approve or deny any variance request submitted under paragraph (c) of 
this section. If the Office Director approves the variance, the Director 
may prepare a draft permit incorporating the variance. Any public notice 
of a draft permit for which a variance or modification has been approved 
or denied shall identify the applicable procedures for appealing that 
decision under Sec. 124.64.
    (e) The State Director may deny or forward to the Administrator (or 
his delegate) with a written concurrence a completed request for:
    (1) A variance based on the presence of ``fundamentally different 
factors'' from those on which an effluent limitations guideline was 
based;
    (2) A variance based upon certain water quality factors under CWA 
section 301(g).
    (f) The Administrator (or his delegate) may grant or deny a request 
for a variance listed in paragraph (e) of this section that is forwarded 
by the State Director, or that is submitted to EPA by the requester 
where EPA is the permitting authority. If the Administrator (or his 
delegate) approves the variance, the State Director or Regional 
Administrator may prepare a draft permit incorporating the variance. Any 
public notice of a draft permit for which a variance or modification has 
been approved or denied shall identify the applicable procedures for 
appealing that decision under Sec. 124.64.

[48 FR 14264, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 51 
FR 16030, Apr. 30, 1986; 54 FR 256, 258, Jan. 4, 1989]