[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.72]

[Page 333-334]
 
                   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.

[[Page 334]]

    (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.
    (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]