[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR125.30]



[Page 310]

 

                   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]