1. (a) Subject to EPA objection under 40 C.F.R. 123.44, as revised as of July 1, 2005, the department may grant or deny requests for the following variances:

   1. (1) extensions under 33 U.S.C. 1311(i), based on delay in completion of a POTW;
   2. (2) extensions under 33 U.S.C. 1311(k), based on the use of innovative technology; however, the department will first consult with the regional administrator; and
   3. (3) variances under 33 U.S.C. 1326(a), for thermal pollution.

2. (b) The department may deny, or forward to the regional administrator with a written concurrence or without a recommendation, a completed request for a variance based on

   1. (1) the economic capability of the applicant under 33 U.S.C. 1311(c); or
   2. (2) water quality related effluent limitations under 33 U.S.C. 1312(b)(2).
3. (c) When the department forwards a request for a variance listed in (b) of this section to the EPA, the regional administrator, under 40 C.F.R. 124.62(c), as revised as of July 1, 2005, has authority to deny, forward without recommendation or with a recommendation for approval to the director of the EPA Office of Wastewater Management.
4. (d) Under 40 C.F.R. 124.62(d), the director of the EPA Office of Wastewater Management has authority to approve or deny any variance request submitted under (c) of this section. If the EPA Office of Wastewater Management director approves the variance, the department may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which the EPA has approved or denied a variance or modification must identify the applicable procedures for appealing that decision under 40 C.F.R. 124.64, as revised as of July 1, 2005.

5. (e) The department may deny or forward to the administrator or the administrator's delegate with a written concurrence a completed request for a variance based on

   1. (1) the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based; or
   2. (2) certain water quality factors under 33 U.S.C. 1311(g).
6. (f) Under 40 C.F.R. 124.62(f), the administrator or the administrator's delegate has authority to grant or deny a request for a variance listed in (e) of this section that the department forwards. If the administrator or the administrator's delegate approves the variance, the department may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which the EPA has approved or denied a variance or modification must identify the applicable procedures for appealing that decision under 40 C.F.R. 124.64, as revised as of July 1, 2005.

(Eff. 7/29/2006, Register 179)

Authority: AS 44.46.020, AS 46.03.020, AS 46.03.100, AS 46.03.010, AS 46.03.050, AS 46.03.110