La. Admin. Code tit. 33 § IX-3311

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-3311 - Decision on Variances

A. The state administrative authority may grant or deny requests for the following variances (subject to EPA objection under 40 CFR 123.44 for state permits):

1. extensions under CWA Section 301(i) based on delay in completion of a publicly owned treatment works;

2. after consultation with the EPA regional administrator, extensions under CWA Section 301(k) based on the use of innovative technology; or

3. variances under CWA Section 316(a) for thermal pollution.

B. The state administrative authority may deny, or forward to the EPA regional administrator with a written concurrence, or submit to EPA without recommendation a completed request for:

1. a variance based on the economic capability of the applicant under CWA Section 301(c);

2. a variance based on water quality related effluent limitations under CWA Section 302(b)(2)

C. The EPA regional administrator may deny, forward, or submit to the EPA office director for Water Enforcement and Permits with a recommendation for approval, a request for a variance listed in LAC 33:IX.3311.B that is forwarded by the state administrative authority, or that is submitted to the EPA regional administrator by the requester where EPA is the permitting authority.

D. The EPA office director for Water Enforcement and Permits may approve or deny any variance request submitted under LAC 33:IX.3311.C. If the office director approves the variance, the state administrative authority may prepare a draft permit incorporating the variance. 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 CFR 124.164.

E. The state administrative authority may deny or forward to the administrator (or his delegate) with a written concurrence a completed request for:

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

2. a variance based upon certain water quality factors under CWA Section 301(g)

F. The administrator (or his delegate) may grant or deny a request for a variance listed in LAC 33:IX.3311.E that is forwarded by the state administrative authority, or that is submitted to EPA by the requester where EPA is the permitting authority. If the Administrator (or his delegate) approves the variance, the state administrative authority or EPA regional administrator may prepare a draft permit incorporating the variance. 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 CFR 124.64.

La. Admin. Code tit. 33, § IX-3311

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:231 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)