1. Applicants for a national pollutant discharge elimination system permit may request a variance from otherwise applicable effluent limitations under the following provisions:

a. Variance requests by nonpublicly owned treatment works, 40 CFR 122.21(m), which is incorporated into this chapter by reference;

b. Variance requests by publicly owned treatment works, 40 CFR 122.21(n), which is incorporated into this chapter by reference; and

c. Expedited variance procedures and time extensions, 40 CFR 122.21(o), which is incorporated into this chapter by reference.

2. The public notice for a draft permit for which a variance has been requested under section 316(a) of the Federal Water Pollution Control Act shall comply with the provisions of 40 CFR 124.57(a), which is incorporated into this chapter by reference.

3. Decision on variances, 40 CFR 124.62, is incorporated into this chapter by reference.

History: Effective January 1, 2019.