W. Va. Code R. § 47-10-10

Current through Register Vol. XLI, No. 19, May 10, 2024

Section 47-10-10 - Draft Permits

10.1. Administration.

10.1.a. Once an application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application.

10.1.b. If the Director tentatively decides to issue a general permit, he or she shall prepare a draft general permit in accordance with subdivision 10.1.c below.

10.1.c. If a draft permit is to be prepared by the Director, it shall contain the following information:

10.1.c.1. All conditions under sections 5 and 6 above;

10.1.c.2. All compliance schedules;

10.1.c.3. All monitoring requirements; and

10.1.c.4. Effluent limitations, standards, prohibitions and conditions and all variances that are to be included.

10.1.d. All draft permits shall be provided to permittees, shall be accompanied by a fact sheet if required under section 11 of this rule, and shall be publicly noticed and available for public comment in accordance with section 12.

10.2. Decision on variances.

10.2.a. The Director may grant or deny requests based on 40 C.F.R. '125 and concurrence with EPA for the following variances:

10.2.a.1. Extensions under CWA '302(I) based on delay in completion of a publicly owned treatment works;

10.2.a.2. After consultation with the Regional Administrator, extensions under CWA '301(k) based on the use of innovative technology; or

10.2.a.3. Variances under CWA '316(a) for thermal pollution.

10.2.b. The Director may deny, forward to the Regional Administrator with a written concurrence, or submit to EPA without recommendation a completed request for:

10.2.b.1. A variance based on the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based;

10.2.b.2. A variance based on the economic capability of the applicant pursuant to CWA '301(c); or

10.2.b.3. A variance based upon certain water quality factors listed in CWA '301(g).

10.2.c. The Regional Administrator may deny, forward, or submit to the EPA Deputy Assistant Administrator for Water Enforcement with a recommendation for approval a request for a variance that has been forwarded by the Director in accordance with subdivision 10.2.b above.

10.2.d. The EPA Deputy Assistant Administrator for Water Enforcement may approve or deny any variance request submitted under subdivision 10.2.c above. Any public notice of a draft permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing that decision under 40 C.F.R. '124.64.

W. Va. Code R. § 47-10-10