[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: 40CFR125.30]

[Page 304]
 
                   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. 125.30  Purpose and scope.


    (a) This subpart establishes the criteria and standards to be used 
in determining whether effluent limitations alternative to those 
required by promulgated EPA effluent limitations guidelines under 
sections 301 and 304 of the Act (hereinafter referred to as ``national 
limits'') should be imposed on a discharger because factors relating to 
the discharger's facilities, equipment, processes or other factors 
related to the discharger are fundamentally different from the factors 
considered by EPA in development of the national limits. This subpart 
applies to all national limitations promulgated under sections 301 and 
304 of the Act, except for the BPT limits contained in 40 CFR 423.12 
(steam electric generating point source category).
    (b) In establishing national limits, EPA takes into account all the 
information it can collect, develop and solicit regarding the factors 
listed in sections 304(b) and 304(g) of the Act. In some cases, however, 
data which could affect these national limits as they apply to a 
particular discharge may not be available or may not be considered 
during their development. As a result, it may be necessary on a case-by-
case basis to adjust the national limits, and make them either more or 
less stringent as they apply to certain dischargers within an industrial 
category or subcategory. This will only be done if data specific to that 
discharger indicates it presents factors fundamentally different from 
those considered by EPA in developing the limit at issue. Any interested 
person believing that factors relating to a discharger's facilities, 
equipment, processes or other facilities related to the discharger are 
fundamentally different from the factors considered during development 
of the national limits may request a fundamentally different factors 
variance under Sec. 122.21(l)(1). In addition, such a variance may be 
proposed by the Director in the draft permit.

(Secs. 301, 304, 306, 307, 308, and 501 of the Clean Water Act (the 
Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500 
as amended by the Clean Water Act of 1977, Pub. L. 95-217 (the ``Act''); 
Clean Water Act, Safe Drinking Water Act, Clean Air Act, Resource 
Conservation and Recovery Act: 42 U.S.C. 6905, 6912, 6925, 6927, 6974)

[44 FR 32948, June 7, 1979, as amended at 45 FR 33512, May 19, 1980; 46 
FR 9460, Jan. 28, 1981; 47 FR 52309, Nov. 19, 1982; 48 FR 14293, Apr. 1, 
1983]