Section 250-RICR-150-10-1.60 - Special Procedures for Decision on Thermal Variance Under Section 316(A), 33 U.S.C. Section 1326(A)A. Except as provided in 40 C.F.R. § 124.65, incorporated above at § 1.3(B) of this Part the only issues connected with issuance of a particular permit on which the Department will make a final decision before the final permit is issued under §§ 1.47 and 1.56 of this Part are whether alternative effluent limitations would be justified under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) and whether cooling water intake structures will use the best available technology under 33 U.S.C. § 1326(b) (Section 316(b) of the Clean Water Act). Permit applicants who wish an early decision on these issues should request it and furnish supporting reasons at the time their permit applications are filed. The Department will then decide whether or not to make an early decision. If it is granted, the balance of the permit shall be considered permit issuance under these regulations, and shall be subject to the same requirements of public notice and comment and the same opportunity for an adjudicatory hearing.B. If the Department, on review of the administrative record, determines that the information necessary to decide whether or not 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) issue is not likely to be available in time for a decision on permit issuance, the Department may issue a permit under § 1.47 of this Part for a term up to 5 years. This permit shall require achievement of the effluent limitations initially proposed for the thermal component of the discharge no later than the date otherwise required by State or Federal law. However, the permit shall also afford the permittee an opportunity to file a demonstration under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) after conducting such studies as are required under 40 C.F.R. § 125, Subpart H, incorporated above at § 1.3(B) of this Part. A new discharger may not exceed the thermal effluent limitation which is initially proposed unless and until 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) variance request is finally approved.C. Any proceeding held under § 1.60(A) of this Part shall be publicly noticed as required by § 1.42 of this Part and shall be conducted at a time allowing the permittee to take necessary measures to meet the final compliance date in the event its request for modification of thermal limits is denied.D. Whenever the Department defers the decision under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) any decision under 33 U.S.C. § 1326(b) (Section 316(b) of the Clean Water Act) may be deferred.250 R.I. Code R. 250-RICR-150-10-1.60