Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 2 - APPLICATION OF STANDARDS
Section 117-2-015 - Variances
Current through March 20, 2024
015.01 Upon written application by any person and meeting the requirements of this section, the director may grant a variance for an interim beneficial use and interim criterion when it is determined that the attainment of a current beneficial use and criterion is not feasible because one of the following conditions is met:
015.02 Prior to the granting of any variance as allowed by 015.01, persons or categories of facilities eligible for an interim beneficial use and interim criterion will be proposed for adoption by the Nebraska Environmental Quality Council, after a public hearing consistent with 40 C.F.R. 131.20(b) dated July 1, 2018, which is adopted and incorporated by reference. Categories of eligible facilities will be identified and proposed in conjunction with the next systematic review or subsequent triennial review.
015.03 Adoption and implementation of each variance will be in accordance with 40 C.F.R 131.14 dated July 1, 2018, which is adopted and incorporated by reference, except that 131.14(a)(2), 131.14(b)(1)(ii), and 131.14(b)(2)(i)(A) are to be replaced by paragraphs 015.04 through 015.06 of this regulation, respectively.
015.04 Each variance will have a designated term limit and reflect the highest attainable condition during the specified term. A variance may be applied to individual or multiple dischargers or surface water bodies.
015.05 Each variance will have requirements and a time limitation demonstrating the intent that progress be made toward the attainment of the underlying designated use and criterion.
015.06 Each variance request will include supporting documentation that demonstrates all of the following:
015.07 A discharger that adversely impacts water quality will not be granted a variance from requirements of Title 117, Chapter 3.
015.08 Specific eligibility requirements may be included in a multiple-discharger variance as an alternative to identifying the specific dischargers at the time of adoption of the variance. Each discharger is to meet the eligibility requirements in the applicable section of the "Nebraska Surface Water Quality Standards Variance Register", which will be made available to the public by the Department on its web site.