[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: 40CFR124.64]

[Page 297]
 
                   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. 124.64  Appeals of variances.

    (a) When a State issues a permit on which EPA has made a variance 
decision, separate appeals of the State permit and of the EPA variance 
decision are possible. If the owner or operator is challenging the same 
issues in both proceedings, the Regional Administrator will decide, in 
consultation with State officials, which case will be heard first.
    (b) Variance decisions made by EPA may be appealed under the 
provisions of Sec. 124.19.
    (c) Stays for section 301(g) variances. If an appeal is filed under 
Sec. 124.19 of a variance requested under CWA section 301(g), any 
otherwise applicable standards and limitations under CWA section 301 
shall not be stayed unless:
    (1) In the judgment of the Regional Administrator, the stay or the 
variance sought will not result in the discharge of pollutants in 
quantities which may reasonably be anticipated to pose an unacceptable 
risk to human health or the environment because of bioaccumulation, 
persistency in the environment, acute toxicity, chronic toxicity, or 
synergistic propensities; and
    (2) In the judgment of the Regional Administrator, there is a 
substantial likelihood that the discharger will succeed on the merits of 
its appeal; and
    (3) The discharger files a bond or other appropriate security which 
is required by the Regional Administrator to assure timely compliance 
with the requirements from which a variance is sought in the event that 
the appeal is unsuccessful.
    (d) Stays for variances other than section 301(g) variances are 
governed by Secs. 124.16 and 124.60.

[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30912, May 15, 2000]