9 Va. Admin. Code § 25-870-580
Current through Register Vol. 40, No. 22, June 17, 2024
Section 9VAC25-870-580 - [Repealed effective 7/1/2024] Decision on variancesA. The department may grant or deny requests for variances requested pursuant to 9VAC25-870-360 G 4, subject to EPA objection. Decisions on these variances shall be made according to the criteria of 40 CFR Part 125 , Subpart H.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 economic capability of the individual state permit applicant submitted pursuant to 9VAC25-870-360 G 2; or2. A variance based on water quality related effluent limitations submitted pursuant to 9VAC25-870-360 G 3.C. If the EPA approves the variance, the department may prepare a draft individual state permit incorporating the variance. Any public notice of a draft individual state permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing that decision.D. The department may deny or forward to the administrator 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, made according to the criteria and standards of 40 CFR Part 125 , Subpart D; or2. A variance based upon certain water quality factors submitted pursuant to 9VAC25-870-360 G 2.E. If the administrator approves the variance, the department may prepare a draft individual state permit incorporating the variance. Any public notice of a draft individual state permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing that decision.9 Va. Admin. Code § 25-870-580
Derived From Virginia Register Volume 30, Issue 2, eff. October 23, 2013; Amended, Virginia Register Volume 38, Issue 25, eff. 8/31/2022; Repealed, Virginia Register Volume 40, Issue 8, eff. 7/1/2024.Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.