[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: 40CFR125.32]



[Page 312]

 

                   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.  125.32  Method of application.



    (a) A written request for a variance under this subpart D shall be 

submitted in duplicate to the Director in accordance with Sec. Sec.  

122.21(m)(1) and 124.3 of this chapter.

    (b) The burden is on the person requesting the variance to explain 

that:

    (1) Factor(s) listed in Sec.  125.31(b) regarding the discharger's 

facility are fundamentally different from the factors EPA considered in 

establishing the national limits. The requester should refer to all 

relevant material and information, such as the published guideline 

regulations development document, all associated technical and economic 

data collected for use in developing each national limit, all records of 

legal proceedings, and all written and printed documentation including 

records of communication, etc., relevant to the regulations which are 

kept on public file by the EPA;

    (2) The alternative limitations requested are justified by the 

fundamental difference alleged in paragraph (b)(1) of this section; and

    (3) The appropriate requirements of Sec.  125.31 have been met.



[44 FR 32948, June 7, 1979, as amended at 65 FR 30913, May 15, 2000]



Subpart E--Criteria for Granting Economic Variances From Best Available 

Technology Economically Achievable Under Section 301(c) of the Act 

[Reserved]



Subpart F--Criteria for Granting Water Quality Related Variances Under 

Section 301(g) of the Act [Reserved]