1. (a) Upon application or on its own initiative, the department may authorize a water quality standards variance, that establishes a time-limited designated use and an associated water quality criterion that represent the highest attainable condition, consistent with the requirements of 40 C.F.R. 131.14, revised as of July 1, 2019, and adopted by reference.
2. (b) An applicant requesting a water quality standards variance under this section shall submit supporting documentation consistent with 40 C.F.R. 131.14(b) to the department. The department will review and determine whether the information is sufficient. If determined necessary, the department may request additional information.
3. (c) A water quality standards variance is subject to public participation procedures under 40 C.F.R. 131.20(b), revised as of July 1, 2019, and adopted by reference, the procedures of AS 44.62.180 - 44.62.290, and other applicable state and federal statutes and regulations.
4. (d) The department may terminate, modify, or deny a subsequent water quality standards variance if the department determines that the variance is not being implemented as authorized or is resulting in a significant adverse environmental effect.

(Eff. 3/5/2020, Register 233)

Authority: AS 46.03.020, AS 46.03.070, AS 46.03.100, AS 46.03.050, AS 46.03.080, AS 46.03.120