CFR > Title 40 - Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER D—WATER PROGRAMS (Parts 100–149) > PART 125—CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM > SUBPART D—Criteria and Standards for Determining Fundamentally Different Factors Under Sections 301(b)(1)(A), 301(b)(2) (A) and (E) of the Act (§125.30 to §125.32) > 125.32—Method of application.

125.32—Method of application.

(a) A written request for a variance under this subpart D shall be submitted in duplicate to the Director in accordance with §§ 122.21(m)(1) and 124.3 of this chapter.
(b) The burden is on the person requesting the variance to explain that:
(1) Factor(s) listed in § 125.31(b) regarding the discharger's facility are fundamentally different from the factors EPA considered in establishing the national limits. The requester should refer to all relevant material and information, such as the published guideline regulations development document, all associated technical and economic data collected for use in developing each national limit, all records of legal proceedings, and all written and printed documentation including records of communication, etc., relevant to the regulations which are kept on public file by the EPA;
(2) The alternative limitations requested are justified by the fundamental difference alleged in paragraph (b)(1) of this section; and
(3) The appropriate requirements of § 125.31 have been met.

Code of Federal Regulations

[44 FR 32948, June 7, 1979, as amended at 65 FR 30913, May 15, 2000]