W. Va. Code R. § 47-30-14

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-30-14 - Decision On Variance

14.1. Actions by the Secretary.

14.1.a. The Secretary may grant or deny requests for the following variances:

14.1.a.1. After consultation with the Regional Administrator, extensions under CWA Section 301(k) based on the use of innovative technology; or

14.1.a.2. Variances under CWA Section 316(a) for thermal pollution.

14.1.b. The Secretary may deny, forward to the Regional Administrator with a written concurrence or submit to EPA without recommendation a completed request for:

14.1.b.1. A variance based on the economic capability of the applicant under CWA Section 301(c); or

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

14.1.c. The Secretary may deny or forward to the Administrator (or his or her delegate) with a written concurrence or submit to the Administrator (or his or her delegate) without recommendation, a completed request for:

14.1.c.1. A variance based on the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based; or

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

14.2. Actions by EPA.

14.2.a. The Regional Administrator may deny, forward or submit to the EPA Deputy Assistant Administrator for Water Enforcement with a recommendation for approval a request for a variance listed in subdivision 14.2.b. of this rule that is forwarded by the Secretary.

14.2.b. The EPA Deputy Assistant Administrator for Water Enforcement may approve or deny any variance request submitted under subdivision 14.2.a. of this rule. If the Deputy Assistant Administrator approves the variance, the Secretary 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 C.F.R. Section 124.64.

14.2.c. The Administrator (or his or her delegate) may grant or deny a request for a variance listed in subdivision 14.1.c. of this rule that is forwarded by the Secretary. If the Administrator (or his or her delegate) approves the variance, the Secretary 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 C.F.R. Section 124.64.

W. Va. Code R. § 47-30-14