250 R.I. Code R. 250-RICR-150-10-1.58

Current through December 26, 2024

Section 250-RICR-150-10-1.58 - Decisions on Variances

A. The Department may grant or deny request for the following variances (subject to EPA objection under 40 C.F.R. § 123.44, incorporated above at § 1.3(B) of this Part):

1. Extensions under 33 U.S.C. § 1311(i) (Section 301(i) of the Clean Water Act) for delay in completion of a publicly owned treatment works;

2. After consultation with Regional Administrator, extensions under 33 U.S.C. § 1311(k) (Section 301(k) of the Clean Water Act) based on the use of innovative technology; or

3. Variances under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) for thermal pollution.

B. The Department may deny, or forward to the Regional Administrator with a written concurrence, or submit to EPA without recommendation 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 on the economic capability of the applicant under 33 U.S.C. § 1311(c) (Section 301(c) of the Clean Water Act).

3. A variance based upon certain water quality factors under 33 U.S.C. § 1311(g) (Section 301(g) of the Clean Water Act); or

4. A variance based on water quality related effluent limitations under 33 U.S.C. § 1312(b)(2) (Section 302(b)(2) of the Clean Water Act)

C. The Regional Administrator may deny, forward, or submit a request for a variance listed in § 1.58(B) of this Part which is forwarded by the Department with a recommendation for approval, to the EPA Office of Water.

D. The EPA Office of Water may approve or deny any variance request submitted under § 1.58(C) of this Part. If the EPA Office Director approves the variance, the Department 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 determination under 40 C.F.R. § 124.64, incorporated above at § 1.3(B) of this Part.

250 R.I. Code R. 250-RICR-150-10-1.58