Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.60 - Special Procedures for Decision on Thermal Variance Under Section 316(A), 33 U.S.C. Section 1326(A)

Current through June 14, 2024
A. Except as
				  provided in 40 C.F.R. §
											124.65, incorporated above at §
										1.3(B) of
				  this Part the only issues connected with issuance of a particular permit on
				  which the Department will make a final decision before the final permit is
				  issued under §§
										1.47 and
				  1.56 of this Part are
				  whether alternative effluent limitations would be justified under
				  33 U.S.C. §
											1326(a) (Section 316(a) of
				  the Clean Water Act) and whether cooling water intake structures will use the
				  best available technology under
				  33 U.S.C. §
											1326(b) (Section 316(b) of
				  the Clean Water Act). Permit applicants who wish an early decision on these
				  issues should request it and furnish supporting reasons at the time their
				  permit applications are filed. The Department will then decide whether or not
				  to make an early decision. If it is granted, the balance of the permit shall be
				  considered permit issuance under these regulations, and shall be subject to the
				  same requirements of public notice and comment and the same opportunity for an
				  adjudicatory hearing.
B. If the
				  Department, on review of the administrative record, determines that the
				  information necessary to decide whether or not
				  33 U.S.C. §
											1326(a) (Section 316(a) of
				  the Clean Water Act) issue is not likely to be available in time for a decision
				  on permit issuance, the Department may issue a permit under §
										1.47 of this Part for a
				  term up to 5 years. This permit shall require achievement of the effluent
				  limitations initially proposed for the thermal component of the discharge no
				  later than the date otherwise required by State or Federal law. However, the
				  permit shall also afford the permittee an opportunity to file a demonstration
				  under 33 U.S.C. §
											1326(a) (Section 316(a) of
				  the Clean Water Act) after conducting such studies as are required under
				  40 C.F.R. §
											125, Subpart H, incorporated above at §
										1.3(B) of
				  this Part. A new discharger may not exceed the thermal effluent limitation
				  which is initially proposed unless and until
				  33 U.S.C. §
											1326(a) (Section 316(a) of
				  the Clean Water Act) variance request is finally approved.
C. Any proceeding held under §
										1.60(A) 
				  of this Part shall be publicly noticed as required by §
										1.42 of this Part and shall
				  be conducted at a time allowing the permittee to take necessary measures to
				  meet the final compliance date in the event its request for modification of
				  thermal limits is denied.
D.
				  Whenever the Department defers the decision under
				  33 U.S.C. §
											1326(a) (Section 316(a) of
				  the Clean Water Act) any decision under
				  33 U.S.C. §
											1326(b) (Section 316(b) of
				  the Clean Water Act) may be deferred.