Section NR 220.31 - Fundamentally different factors variances(1) GENERAL. The department may adjust an effluent limitation that is based on a requirement in chs. NR 221 to 297 or based on a federal effluent limitation guideline established under 33 USC 1311 and 1314 on a case-by-case basis to make the limitation more or less stringent for a permittee within an industrial category or subcategory. An FDFV may only be approved for a limitation if data specific to the discharger indicates the presence of factors fundamentally different from those considered by EPA or the department in developing the limitation at issue. Any request for a variance and department approval of a variance shall comply with the requirements in 33 USC 1311(n) and 40 CFR 125 subpart D.(2) WHO MAY REQUEST AN FDFV. Any interested person, including the permittee, believing that the factors relating to a discharger' facilities, equipment, processes, or other facilities related to the discharger are fundamentally different from the factors considered during the development of the effluent limitation guidelines may request an FDFV. An FDFV may also be proposed by the department in the draft permit.(3) FDFV RESTRICTIONS. A fundamentally different factors variance may not be granted for any new source performance standard and does not apply to the BPT limitations for steam electric power generating, contained in s. NR 290.12(1). The department may not include an alternative limitation based on a fundamentally different factors variance in a permit unless the EPA has approved the variance under 40 CFR 124.62.Wis. Admin. Code Department of Natural Resources NR 220.31
Adopted by, CR 17-002: cr. Register April 2018 No. 748, eff. 5-1-18; correction in (1) under s. 13.92(4) (b) 7, Stats., Register April 2018 No. 748, eff.5/1/2018