[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: 40CFR125.72]



[Page 332-333]

 

                   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 H_Criteria for Determining Alternative Effluent Limitations 

                     Under Section 316(a) of the Act

 

Sec.  125.72  Early screening of applications for section 316(a) 

variances.



    (a) Any initial application for a section 316(a) variance shall 

include the following early screening information:

    (1) A description of the alternative effluent limitation requested;

    (2) A general description of the method by which the discharger 

proposes to demonstrate that the otherwise applicable thermal discharge 

effluent limitations are more stringent than necessary;

    (3) A general description of the type of data, studies, experiments 

and other information which the discharger intends to submit for the 

demonstration; and

    (4) Such data and information as may be available to assist the 

Director in selecting the appropriate representative important species.

    (b) After submitting the early screening information under paragraph 

(a) of this section, the discharger shall consult with the Director at 

the earliest practicable time (but not later than 30 days after the 

application is filed) to discuss the discharger's early screening 

information. Within 60 days after the application is filed, the 

discharger shall submit for the Director's approval a detailed plan of 

study which the discharger will undertake to support its section 316(a) 

demonstration. The discharger shall specify the nature and extent of the 

following type of information to be included in the plan of study: 

Biological, hydrographical and meteorological data; physical monitoring 

data; engineering or diffusion models; laboratory studies; 

representative important species; and other relevant information. In 

selecting representative important species, special consideration shall 

be given to species mentioned in applicable water quality standards. 

After the discharger submits its detailed plan of study, the Director 

shall either approve the plan or specify any necessary revisions to the 

plan. The discharger shall provide any additional information or studies 

which the Director subsequently determines necessary to support the 

demonstration, including such studies or inspections as may be necessary 

to select representative important species. The discharger may provide 

any additional information or studies which the discharger feels are 

appropriate to support the demonstration.

    (c) Any application for the renewal of a section 316(a) variance 

shall include only such information described in paragraphs (a) and (b) 

of this section as the Director requests within 60 days after receipt of 

the permit application.

    (d) The Director shall promptly notify the Secretary of Commerce and 

the Secretary of the Interior, and any affected State of the filing of 

the request and shall consider any timely recommendations they submit.



[[Page 333]]



    (e) In making the demonstration the discharger shall consider any 

information or guidance published by EPA to assist in making such 

demonstrations.

    (f) If an applicant desires a ruling on a section 316(a) application 

before the ruling on any other necessary permit terms and conditions, 

(as provided by Sec.  124.65), it shall so request upon filing its 

application under paragraph (a) of this section. This request shall be 

granted or denied at the discretion of the Director.



    Note: At the expiration of the permit, any discharger holding a 

section 316(a) variance should be prepared to support the continuation 

of the variance with studies based on the discharger's actual operation 

experience.



[44 FR 32948, June 7, 1979, as amended at 45 FR 33513, May 19, 1980; 65 

FR 30913, May 15, 2000]