Section 18 AAC 83.365 - Variance requests by non-POTWs(a) An applicant for an APDES permit for a discharge from a facility that is not a POTW may request a variance under this section from otherwise applicable effluent limitations under any of the statutory or regulatory provisions specified in this section by submitting a request within the times specified in this section.(b) A request for a variance based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based must explain how the requirements of the applicable regulatory or statutory criteria have been met, and must be filed by the following dates:(1) a request for a variance from best practicable control technology currently available, by the close of the public comment period under 18 AAC 83.120;(2) a request for a variance from best available technology economically achievable or best conventional pollutant control technology, by no later than the following: (A) July 3, 1989, for a request based on an effluent limitation guideline promulgated before February 4, 1987, to the extent July 3, 1989 is not later than that provided under previously promulgated regulations;(B) 180 days after the date on which an effluent limitation guideline is published in the Federal Registerfor a request based on an effluent limitation guideline promulgated on or after February 4, 1987.(c) An applicant may request a variance under this section for the following: (1) from the best available technology requirements for 33 U.S.C. 1311(b)(2)(F) non-conventional pollutants under 33 U.S.C. 1311(c) based on the economic capability of the owner or operator;(2) under 33 U.S.C. 1311(g); however, the applicant may only request a variance under 33 U.S.C. 1311(g) for ammonia, chlorine, color, iron, total phenols (4AAP) if the administrator determines these pollutants are covered by 33 U.S.C. 1311(b)(2)(F);(3) for any other pollutant that the administrator lists under 33 U.S.C. 1311(g)(4).(d) A variance request under (c) of this section must be made as follows:(1) for a variance from an effluent limitation based upon an effluent limitation guideline, an applicant shall(A) submit an initial request to the regional administrator, as well as to the department, stating the name of the discharger, the permit number, the outfall numbers, the applicable effluent guideline, and whether the discharger is requesting a modification under 33 U.S.C. 1311(c), 33 U.S.C. 1311(g), or both; this request must be filed not later than(i) September 25, 1978, for a pollutant controlled by a best available technology effluent limitation guideline promulgated before December 27, 1977; or(ii) two hundred and seventy days after promulgation of an applicable effluent limitation guideline for guidelines promulgated after December 27, 1977; and(B) submit a completed request no later than the close of the public comment period under 18 AAC 83.120 demonstrating that the requirements of 18 AAC 15.245, and the applicable requirements of 40 C.F.R. Part 125, adopted by reference in 18 AAC 83.010, have been met; however, the complete request for a variance under 33 U.S.C. 1311(g) must be filed at least 180 days before the EPA must make a decision, unless the regional director of the EPA Office of Water and Watersheds establishes a shorter or longer period;(2) for a request for a variance from effluent limitations not based on effluent limitations guidelines, an applicant is only required to comply with (d)(1)(B) of this subsection and is not required to file an initial request under (d)(1)(A) of this section.(e) A discharger who cannot file the timely and complete request for a variance required under (d)(1)(B) or (2) of this section may request an extension. The department may grant or deny an extension, but will not grant an extension of more than six months.(f) An applicant may request a modification under 33 U.S.C. 1312(b)(2) of any requirement under 33 U.S.C. 1312(a) for achieving water quality related effluent limitations no later than the close of the public comment period under 18 AAC 83.120 on the permit from which the modification is sought.(g) An applicant under this section for a variance under 33 U.S.C. 1326(a) for the thermal component of any discharge shall file a variance request with a permit application, except that if thermal effluent limitations are established under 33 U.S.C. 1342(a)(1) or are based on water quality standards, the request for a variance may be filed by the close of the public comment period under 18 AAC 83.120.Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184Authority:AS 44.46.020
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