[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: 40CFR124.66]

[Page 297-298]
 
                   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. 124.66  Special procedures for decisions on thermal variances under 
section 316(a).

    (a) The only issues connected with issuance of a particular permit 
on which EPA will make a final Agency decision before the final permit 
is issued under Secs. 124.15 and 124.60 are whether alternative effluent 
limitations would be justified under CWA section 316(a) and whether 
cooling water intake structures will use the best available technology 
under section 316(b). Permit applicants who wish an early decision on 
these issues should request it and furnish supporting reasons at the 
time their permit applications are filed under Sec. 122.21. The Regional 
Administrator will then decide whether or not to make an early decision. 
If it is granted, both the early decision on CWA section 316 (a) or (b) 
issues and the grant of the balance of the permit shall be considered 
permit issuance under these regulations, and shall be subject to the 
same requirements of public notice and comment and the same opportunity 
for an appeal under Sec. 124.19.
    (b) If the Regional Administrator, on review of the administrative 
record, determines that the information necessary to decide whether or 
not the CWA section 316(a) issue is not likely to be available in time 
for a decision on permit issuance, the Regional Administrator may issue 
a permit under Sec. 124.15 for a term up to 5 years. This permit shall 
require achievement of the effluent limitations initially proposed for 
the thermal component of the discharge no later than the date otherwise 
required by law. However, the permit shall also afford the permittee an 
opportunity to file a demonstration under CWA section 316(a) after 
conducting such studies as are required

[[Page 298]]

under 40 CFR part 125, subpart H. A new discharger may not exceed the 
thermal effluent limitation which is initially proposed unless and until 
its CWA section 316(a) variance request is finally approved.
    (c) Any proceeding held under paragraph (a) of this section shall be 
publicly noticed as required by Sec. 124.10 and shall be conducted at a 
time allowing the permittee to take necessary measures to meet the final 
compliance date in the event its request for modification of thermal 
limits is denied.
    (d) Whenever the Regional Administrator defers the decision under 
CWA section 316(a), any decision under section 316(b) may be deferred.

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