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-150-10-1.57 - Variances Under the State and Federal Acts

Current through June 14, 2024
A. An applicant
				  for a renewal of a RIPDES permit may apply for the following variances:
1. Variance requests by non-POTWs. A
				  discharger which is not a publicly owned treatment works (POTW) may request a
				  variance from otherwise applicable effluent limitations under any of the
				  following statutory or regulatory provisions within the times specified in this
				  paragraph:
a. Fundamentally different
				  factors. A request for a variance based on the presence of "fundamentally
				  different factors" from those on which the effluent limitations guideline was
				  based shall be made by the close of the public comment period under §
												1.42 of this Part. The
				  request shall explain how the requirements of §
												1.45 of this Part and
				  40 C.F.R. §
													125 Subpart D, incorporated above at §
												1.3(B) of
				  this Part, have been met.
b.
				  Non-conventional pollutants. A request for a variance from the BAT requirements
				  for 33 U.S.C. §
													1311(b)(2)(F) (Section
				  301(b)(2)(F) of the Clean Water Act), pollutants (commonly called
				  "non-conventional" pollutants) pursuant to
				  33 U.S.C. §
													1311(c) (Section 301(c) of
				  the Clean Water Act) because of the economic capability of the owner or
				  operator, or pursuant to 33
				  U.S.C. §
													1311(g)
				  (Section 301(g) of the Clean Water Act) because of certain environmental
				  considerations, when those requirements were based on effluent limitation
				  guidelines, must be made by:
(1) Submitting
				  an initial request to the Regional Administrator, as well as 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), 33 U.S.C.
				  §
														1311(c) or Section
				  301(g),
				  33 U.S.C. §
														1311(g), modification or
				  both. This request must have been filed not later than:
(AA) September 25, 1978, for a pollutant
				  which is controlled by a BAT effluent limitation guideline, promulgated before
				  December 27, 1977; or
(BB) 270 days
				  after promulgation of an applicable effluent limitation guideline for
				  guidelines promulgated after December 27, 1977; and
(2) Submitting a completed request no later
				  than the close of the public comment period under §
													1.42 of this Part
				  demonstrating that the requirements of §
													1.45 of this Part and the
				  applicable requirements of 40 C.F.R. §
														125, incorporated
				  above at §
													1.3(B) of
				  this Part, have been met.
(3)
				  Requests for variance from effluent limitations not based on effluent
				  limitation guidelines, need only comply with §
													1.57(A)(2)(b)
				  of this Part and need not be preceded by an initial request under §
													1.57(A)(2)(a)
				  of this Part.
c. Delay
				  in construction of POTW. An extension under
				  33 U.S.C. §
													1311(i)(2) (Section
				  301(i)(2) of the Clean Water Act), of the statutory deadlines in
				  33 U.S.C. §
													1311(b)(1)(A) or (b)(1)(C)
				  (Sections 301(b)(1)(A) or (b)(1)(C) of the Clean Water Act) based on delay in
				  completion of a POTW into which the source is to discharge must have been
				  requested on or before June 26, 1978, or 180 days after the relevant POTW
				  requested an extension under §
												1.57(B)(2)
				  of this Part, whichever is later, but in no event may this date have been later
				  than December 25, 1978. The request shall explain how the requirements of
				  40 C.F.R. §
													125 Subpart J, incorporated above at §
												1.3(B) of
				  this Part, have been met.
d.
				  Innovative technology. An extension under
				  33 U.S.C. §
													1311(k) (Section 301(k) of
				  the Clean Water Act) from the statutory deadline of Section 301(b)(2)(A) for
				  best available technology based on the use of innovative technology may be
				  required no later than the close of the public comment period under §
												1.42 of this Part for the
				  discharger's initial permit requiring compliance with
				  33 U.S.C. §
													1311(b)(2)(A) (Section
				  301(b)(2)(A) of the Clean Water Act). The request shall demonstrate that the
				  requirements of §
												1.45 of this Part and
				  40 C.F.R. §
													125, Subpart C, incorporated above at §
												1.3(B) of
				  this Part, have been met.
e. Water
				  quality related effluent limitations. A modification under
				  33 U.S.C. §
													1312(b)(2) (Section
				  302(b)(2) of the Clean Water Act), of requirements under
				  33 U.S.C. §
													1312(a) (Section 302(a) of
				  the Clean Water Act), for achieving water quality related effluent limitations
				  may be requested no later than the close of the public comment under §
												1.42 of this Part on the
				  permit from which the modification is sought.
f. Thermal discharges. A variance under
				  33 U.S.C. §
													1326(a) (Section 316(a) of
				  the Clean Water Act) for the thermal component of any discharge must be filed
				  with a timely application for a permit under this section, except that if
				  thermal effluent limitations are established under
				  33 U.S.C. §
													1342(a)(1) (Section
				  402(a)(1) of the Clean Water Act) or are based on water quality standards the
				  request for a variance may be filed by the close of the public comment period
				  under §
												1.42 of this Part. A copy
				  of the request as required under
				  40 C.F.R. §
													125 Subpart H, shall be sent simultaneously
				  to the Department as required under
				  40 C.F.R. §
													125, incorporated above at §
												1.3(B) of
				  this Part).