[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.66]

[Page 295]
 
                   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 Sec. Sec. 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 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]