Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any
discharger may request a variance from effluent limitations by filing a request by
the close of the public comment period established pursuant to
N.J.A.C.
7:14A-15.10, as follows:
1. Modifications for achieving water quality-based
effluent limitations must follow the procedures at
N.J.A.C.
7:9B-1.8 or 1.9.
2. A variance under Section 316(a) of the Federal
Act for the thermal component of any discharge. A copy of the request submitted to
USEPA pursuant to 40 C.F.R.
125, Subpart H, shall be submitted simultaneously
to the Department as required under
40 C.F.R.
125. Such request shall be determined in
accordance with 7:14A-11.11.
(b) A discharger which is not a POTW may request a
variance from otherwise applicable effluent limitations under any of the following
statutory or regulatory provisions within the time period specified in this
subsection:
1. A request for a variance based on
the presence of fundamentally different factors from those on which the effluent
limitation guideline was based shall be submitted as follows:
i. For a request for a variance from best
practicable control technology currently available (BPT), by the close of the public
comment period established under
N.J.A.C.
7:14A-15.10.
ii. For a request for a variance from best
available technology economically achievable (BAT) and/or best conventional
pollutant control technology (BCT), by no later than 180 days after the date on
which an effluent limitation guideline is published in the Federal Register for a
request based on an effluent limitation guideline promulgated on or after February
4, 1987.
iii. Any request for a variance
made under this paragraph shall explain how the requirements of
40 C.F.R.
125, Subpart D have been met.
2. A request for a variance from the BAT
requirements of Section 301(b)(2)(F) of the Federal Act for non-conventional
pollutants (ammonia; chlorine; color; iron; total phenols (4AAP) and any other
pollutant which the Administrator lists under Section 301(g)(4) of the Federal Act)
pursuant to Section 301(c) of the Federal Act because of the economic capability of
the owner or operating entity, or pursuant to Section 301(g) of the Federal Act
shall be submitted as follows:
i. For those
requests for a variance from an effluent limitation based upon an effluent
limitation guideline a requester shall submit:
(1)
An initial request to the Regional Administrator and to the Department, stating the
name of discharger, the permit number, the outfall number(s), the applicable
effluent guideline, and whether the discharger is requesting a Section 301(c) or
Section 301(g) modification or both. This request shall be filed not later than 270
days after promulgation of an applicable effluent limitation guideline for
guidelines promulgated after December 27, 1977; and
(2) A complete request no later than the close of
the public comment period established under
N.J.A.C.
7:14A-15.10, demonstrating that the requirements
of 7:14A-15.13 and the applicable
requirements of 40 C.F.R.
125 have been met. Notwithstanding this provision,
the complete request under section 301(g) shall be filed 180 days before the
Department is required to make a final decision (unless the Department establishes a
shorter or longer period).
ii. For those requests for a variance from
effluent limitations not based on effluent limitation guidelines, the request need
only comply with (b)2i(2) above, and need not be preceded by an initial request
under (b)2i(1) above.
3. A
request for a modification, under Section 302(b)(2) of the Federal Act, of water
quality related effluent limitations developed by the USEPA under Section 302(a) of
the Federal Act shall be submitted by the close of the public comment period
established under
7:14A-15.10 on the permit for which the
modification is being sought.
4. A
request for a modification of effluent limitations which are more stringent than the
BAT based limitations established in accordance with
7:14A-13.4 shall be submitted by the
close of the public comment period established under
7:14A-15.10 on the permit for which the
modification is being sought. For a modification requested under this paragraph, the
relief and procedures in
7:9B-1.8 or 1.9 shall apply.
(c) Notwithstanding the time period
requirements in (a) and (b) above, the Department may send notification before a
draft permit is issued under
7:14A-15.6 that the draft permit will
likely contain limitations which are eligible for variances. In the notice, the
Department may require as a condition of consideration of any potential variance
request submission a request explaining how the requirements of
40 C.F.R.
125 applicable to the variance have been met and
may require submission of such a request within a specified reasonable time after
receipt of the notice. The notice may be sent before the permit application has been
submitted. The draft or final permit may contain the alternative limitations which
may become effective upon granting of the variance.
(d) A discharger who cannot file a complete
request required under (a)1, (b)2i(2), 2ii or 4 above may request a one time
extension. The extension may be granted or denied at the discretion of the
Department. If the extension request is denied, the Department shall state the
reason(s) for the denial. An extension shall be limited to:
1. Twelve months for a variance requested under
(a)1 or (b)4; or
2. Six months for a
variance requested under (b)2i(2) or 2ii.
(e) A permittee requesting a water quality
standards variance shall follow the provisions at
N.J.A.C.
7:9B-1.16.
