Current through Register Vol. 48, No. 38, September 20, 2024
a) The
effectiveness of a water quality standard from which relief is sought is stayed
as to the following persons from the effective date of the water quality
standard until the stay is terminated as provided in this Section:
1) Any person who had a petition for a
variance seeking relief from a water quality standard under Section 35 of the
Act converted into a petition for a TLWQS under Section 38.5 of the
Act;
2) Any person who files a
petition for a TLWQS within 35 days after the effective date of the water
quality standard from which relief is sought; and
3) Any person who files a petition for a
TLWQS before the deadline established in a Board order under Section 104.540.
This person must be a member of a class of dischargers that has filed a TLWQS
petition under Section 104.525(a)(1) or (a)(2) and that has been identified in
the Board's final order under Section 104.540.
b) For any person for whom the effectiveness
of the water quality standard is stayed under subsection (a), the following
applies:
1) If the person files a petition or
amended petition by the deadline established by the Board in Section 104.540
and the petition or amended petition is in substantial compliance as described
by Section 104.545, the stay continues until the Board:
A) denies the petition or amended petition
and all rights to judicial review of the Board's order denying the petition or
amended petition are exhausted; or
B) adopts the TLWQS and USEPA either:
i) approves the TLWQS; or
ii) disapproves the TLWQS for failure to
comply with
40 CFR
131.14.
2) If the person files an amended petition by
the deadline established by the Board in Section 104.540, but the amended
petition is not in substantial compliance as described by Section 104.545, the
Board will deny the amended petition and the stay will continue until all
rights to judicial review are exhausted.
3) If the person fails to file an amended
petition to address the Board's determination of non-substantial compliance
under Section 104.545 by the deadline established by the Board under Section
104.540, the Board will dismiss the original petition and the stay will
continue until all rights to judicial review are exhausted.
c) If a person other than a person
described in subsection (a) files a petition for a TLWQS, the effectiveness of
the water quality standard from which relief is sought is not stayed as to that
person. However, the person may proceed with his or her petition for a TLWQS by
complying with
40 CFR
131.14, Section 38.5 of the Act, and this
Part.
