Section 250-RICR-150-10-1.59 - Procedures for VariancesA. When a request for a variance is filed as required under § 1.57 of this Part, the request shall be processed as follows: 1. If at the time that a request for a variance is submitted the Department has received an application for issuance or renewal of that permit but has not yet prepared a draft permit covering the discharge in question, the Department shall, subject to EPA review pursuant to 40 C.F.R. § 124.62, incorporated above at § 1.3(B) of this Part, give notice of a tentative decision on the request at the time the notice of the draft permit is prepared as specified in § 1.42 of this Part, unless this would significantly delay the processing of the permit. In that case the processing of the variance request may be separated from the permit in accordance with § 1.59(C) of this Part, and the processing of the permit shall proceed without delay.2. If at the time that a request for a variance is filed the Department has given notice under § 1.42 of this Part of the draft permit covering the discharge in question, but that permit has not yet become final, administrative proceedings concerning that permit may be stayed and the Department shall prepare a new draft permit including a tentative decision on the request, and the fact sheet required by § 1.40 of this Part. However, if this will significantly delay the processing of the existing draft permit or the Department, for other reasons, considers combining the variance request and the existing draft permit inadvisable, the request may be separated from the permit in accordance with § 1.59(C) of this Part, and the administrative disposition of the existing draft permit shall proceed without delay.3. If the permit has become final and no application concern it is pending or if the variance request has been separated from a draft permit as described in §§ 1.59(A) and 1.59(B) of this Part, the Department may prepare a new draft permit and give notice of it under § 1.42 of this Part. This draft permit shall be accompanied by the fact sheet required by § 1.40 of this Part except that the only matters considered shall relate to the requested variance.250 R.I. Code R. 250-RICR-150-10-1.59