Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-2-10 - Draft Permits10.1. Administration.a. Once an application is complete, the Chief shall tentatively decide whether to prepare a draft permit or to deny the application.b. If the Chief tentatively decides to issue a general permit, he or she shall prepare a draft general permit under paragraph 10.1.c of this section.c. If a draft permit is to be prepared by the Chief, it shall contain the following information:1. All conditions under Sections 5 and 6;2. All compliance schedules;3. All monitoring requirements; and4. Effluent limitations, standards, prohibitions and conditions, and all variances that are to be included.d. All draft permits shall be provided to permittees and shall be accompanied by a fact sheet if required under Section 11 and shall be publicly noticed and available for public comment in accordance with Section 12.10.2. Decision on Variances.a. The Chief may grant or deny requests based on 40 CFR-.Part 125 and concurrence with EPA for the following variances:1. Extensions under CWA Section 301(i) based on delay in completion of a publicly owned treatment works;2. After consultation with the Regional Administrator, extensions under CWA Section 301(k) based on the use of innovative technology; or3. Variances under CWA Section 316(a) for thermal pollution.b. The Chief may deny, or forward to the Regional Administrator with a written concurrence, or submit to EPA without recommendation a completed request for:1. A variance based on the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based;2. A variance based on the economic capability of the applicant under CWA Section 301(c); or3. A variance based upon certain water quality factors under CWA Section 301(g).c. The Regional Administrator may deny, forward, or submit to the EPA Deputy Assistant Administrator for Water Enforcement with a recommendation for approval, a request for a variance listed in paragraph 10.2.b of this section that is forwarded by the Chief.d. The EPA Deputy Assistant Administrator for Water Enforcement may approve or deny any variance request submitted under paragraph 10.2.c of this section. If the Deputy Assistant Administrator approves the variance, the Chief may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing that decision under 40. CFR 124.64.