Section 18.83.160. Permit variances.

	(a)  Subject to EPA objection under 40 C.F.R. 123.44, as revised as of July 1, 2005, the department may grant or deny requests for the following variances:  
		(1) extensions under 33 U.S.C. 1311(i), based on delay in completion of a POTW;  
		(2) extensions under 33 U.S.C. 1311(k), based on the use of innovative technology; however, the department will first consult with the regional administrator; and  
		(3) variances under 33 U.S.C. 1326(a), for thermal pollution.  
	(b)  The department may deny, or forward to the regional administrator with a written concurrence or without a recommendation, a completed request for a variance based on  
		(1) the economic capability of the applicant under 33 U.S.C. 1311(c); or  
		(2) water quality related effluent limitations under 33 U.S.C. 1312(b)(2).  
	(c)  When the department forwards a request for a variance listed in (b) of this section to the EPA, the regional administrator, under 40 C.F.R. 124.62(c), as revised as of July 1, 2005, has authority to deny, forward without recommendation or with a recommendation for approval to the director of the EPA Office of Wastewater Management.  
	(d)  Under 40 C.F.R. 124.62(d), the director of the EPA Office of Wastewater Management has authority to approve or deny any variance request submitted under (c) of this section. If the EPA Office of Wastewater Management director approves the variance, the department may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which the EPA has approved or denied a variance or modification must identify the applicable procedures for appealing that decision under 40 C.F.R. 124.64, as revised as of July 1, 2005.  
	(e)  The department may deny or forward to the administrator or the administrator's delegate with a written concurrence a completed request for a variance based on  
		(1) the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based; or  
		(2) certain water quality factors under 33 U.S.C. 1311(g).  
	(f)  Under 40 C.F.R. 124.62(f), the administrator or the administrator's delegate has authority to grant or deny a request for a variance listed in (e) of this section that the department forwards. If the administrator or the administrator's delegate approves the variance, the department may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which the EPA has approved or denied a variance or modification must identify the applicable procedures for appealing that decision under 40 C.F.R. 124.64, as revised as of July 1, 2005.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.990

Authority

AS 44.46.020 AS 46.03.010 AS 46.03.020 AS 46.03.050 AS 46.03.100 AS 46.03.110 Editor's note: Information regarding the EPA Office of Wastewater Management referenced in (c) and (d) of 18 AAC 83.160 can be obtained by contacting the Office of Wastewater Management, U.S.E.P.A., Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 at [phone] or by visiting the office's website at http://www.epa.gov/owm/.

History

Eff. 7/29/2006, Register 179

References

18.83.160