July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
Supplemental Information for
Water Quality Standards Regulatory Revisions Final Rule
Comparison of Final Rule Language and Previously Applicable Rule Language
NOTE: THE FOLLOWING REGULATORY TEXT IS A COMPARISON OF THE
FINAL RULE LANGUAGE AND THE PREVIOUSLY APPLICABLE RULE
LANGUAGE. STRIKEOUTS INDICATE DELETION OF PREVIOUSLY APPLICABLE
TEXT AND UNDERLINES INDICATE ADDITION OF FINAL REGULATORY TEXT.
THE TEXT BELOW SHOWS ONLY THE PROVISIONS AFFECTED BY THE
REVISIONS IN THIS RULEMAKTNG. IT DOES NOT REPRESENT THE ENTIRETY
OF THE PART 131 REGULATION.
PART 131—WATER QUALITY STANDARDS
§ 131.2 Purpose.
A water quality standard defines the water quality goals of a water body, or portion thereof, by
designating the use or uses to be made of the water and by setting criteria necessary to that
protect the designated uses. * * *
§ 131.3 Definitions.
(h) Water quality limited segment means any segment where it is known that water quality does
not meet applicable water quality standards, and/or is not expected to meet applicable water
quality standards, even after the application of the technology-bases-based effluent limitations
required by sections 301(b) and 306 of the Act.
(j) States include: The 50 States, the District of Columbia, Guam, the Commonwealth of Puerto
Rico, Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, the
Commonwealth of the Northern Mariana Islands, and Indian Tribes that EPA determines to be
eligible for purposes of water quality standards program.
(m) Highest attainable use is the modified aquatic life, wildlife, or recreation use that is both
closest to the uses specified in section 101(a)(2) of the Act and attainable, based on the
evaluation of the factor(s) in § 131.10(g) that preclude(s) attainment of the use and any other
information or analyses that were used to evaluate attainability. There is no required highest
attainable use where the State demonstrates the relevant use specified in section 101(a)(2) of the
Act and sub-categories of such a use are not attainable.
Page 1 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
(n) Practicable, in the context of § 131. 12(a)(2)(ii), means technologically possible, able to be
put into practice, and economically viable.
(o) A water quality standards variance (WQS variance) is a time-limited designated use and
criterion for a specific pollutant(s) or water quality parameter(s) that reflect the highest attainable
condition during the term of the WQS variance.
(p) Pollutant Minimization Program, in the context of § 131.14, is a structured set of activities to
improve processes and pollutant controls that will prevent and reduce pollutant loadings.
(q) Non-10 l(a)(2) use is any use unrelated to the protection and propagation offish, shellfish,
wildlife or recreation in or on the water.
§ 131.5 EPA authority.
(a) * * *
(1) Whether the State has adopted designated water uses which that are consistent with the
requirements of the Clean Water Act;
(2) Whether the State has adopted criteria that protect the designated water uses based on
sound scientific rationale consistent with § 131.11;
(3) Whether the State has adopted an antidegradation policy that is consistent with § 131.12,
and whether any State adopted antidegradation implementation methods are consistent with §
131.12:
(4) Whether any State adopted WQS variance is consistent with § 131.14;
(5) Whether any State adopted provision authorizing the use of schedules of compliance for
water quality-based effluent limits inNPDES permits is consistent with § 131.15;
(36)Whether the State has followed rts-applicable legal procedures for revising or adopting
standards;
(47) Whether the State standards which do not include the uses specified in section 101(a)(2)
of the Act are based upon appropriate technical and scientific data and analyses, and
(58) Whether the State submission meets the requirements included in § 131.6 of this part
and, for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to
section 118 of the Act, the requirements of 40 CFR part 132.
(b) If EPA determines that the State's or Tribe's water quality standards are consistent with the
factors listed in paragraphs (a)(l) through (a)(£8) of this section, EPA approves the standards.
EPA must disapprove the State's or Tribe's water quality standards and promulgate Federal
Page 2 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
standards under section 303(c)(4), and for Great Lakes States or Great Lakes Tribes under
section 118(c)(2)(C) of the Act, if State or Tribal adopted standards are not consistent with the
factors listed in paragraphs (a)(l) through (a)(-S-8) of this section. EPA may also promulgate a
new or revised standard when necessary to meet the requirements of the Act.
*****
§ 131.10 Designation of uses.
(a) Each State must specify appropriate water uses to be achieved and protected. The
classification of the waters of the State must take into consideration the use and value of water
for public water supplies, protection and propagation offish, shellfish and wildlife, recreation in
and on the water, agricultural, industrial, and other purposes including navigation. If adopting
new or revised designated uses other than the uses specified in section 101(a)(2) of the Act or
removing designated uses, States must submit documentation justifying how their consideration
of the use and value of water for those uses listed in this paragraph appropriately supports the
State's action. A use attainability analysis may be used to satisfy this requirement. In no case
shall a State adopt waste transport or waste assimilation as a designated use for any waters of the
United States.
*****
(e) Prior to adding or removing any use, or establishing sub categories of a use, the State shall
provide notice and an opportunity for a public hearing under § 131.20(b) of this regulation.
[Removed and Reserved"!
(g) States may designate a use, or remove a designated use whichthat is not an existing use, if the
State conducts a use attainability analysis as specified in § 131.10(j) that demonstrates as defined
in §131.3, or establish sub categories of a use if the State can demonstrate that attaining the
designated use is not feasible because-;- of one of the six factors in this paragraph. If a State
adopts a new or revised water quality standard based on a required use attainability analysis, the
State shall also adopt the highest attainable use, as defined in § 131.3(m).
*****
(j) A State must conduct a use attainability analysis as described in § 131.3(g), and § 131.10(g),
whenever:
(1) The State designates for the first time, or has previously designated for a water body, uses
that do not include the uses specified in section 101(a)(2) of the Act, or
(2) The State wishes to remove a designated use that is specified in section 101(a)(2) of the
Act, to remove a sub-category of such a use, or to designate a sub-category adept
subcategories of such a use uses specified in section 101(a)(2) of the Act which require
that requires criteria less stringent criteria than previously applicable.
Page 3 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
(k) A State is not required to conduct a use attainability analysis under this regulation whenever
designating uses which include those specified in section 101(a)(2) of the Act, whenever:
(1) The State designates for the first time, or has previously designated for a water body, uses
that include the uses specified in section 101(a)(2) of the Act or
(2) The State designates a sub-category of a use specified in section 101(a)(2) of the Act that
requires criteria at least as stringent as previously applicable, or
(3) The State wishes to remove or revise a designated use that is a non-101(a)(2) use. In this
instance, as required by § 131.10(a), the State must submit documentation justifying how
its consideration of the use and value of water for those uses listed in § 131.10(a)
appropriately supports the State's action, which may be satisfied through a use
attainability analysis.
§ 131.11 Criteria.
(a) * * *
(2) Toxic pollutants. ,5Yates must review water quality data and information on discharges to
identify specific water bodies where toxic pollutants may be adversely affecting water
quality or the attainment of the designated water use or where the levels of toxic
pollutants are at a level to warrant concern and must adopt criteria for such toxic
pollutants applicable to the water body sufficient to protect the designated use. Where a
State adopts narrative criteria for toxic pollutants to protect designated uses, the State
must provide information identifying the method by which the State intends to regulate
point source discharges of toxic pollutants on water quality limited segments based on
such narrative criteria. Such information may be included as part of the standards or may
be included in documents generated by the State in response to the Water Quality
Planning and Management Regulations (40 CFR part 34130).
(b) Form of criteria: Form of criteria: In establishing criteria, States should:
§ 131.12 Antidegradation policy and implementation methods.
(a) The State shall develop and adopt a statewide antidegradation policy and identify the
methods for implementing such policy pursuant to this subpart. The anti degradation policy and-
implementation methods shall, at a minimum, be consistent with the following:
(2) Where the quality of the waters exceed exceeds levels necessary to support the protection
and propagation offish, shellfish, and wildlife and recreation in and on the water, that
quality shall be maintained and protected unless the State finds, after full satisfaction of
the intergovernmental coordination and public participation provisions of the State's
Page 4 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
continuing planning process, that allowing lower water quality is necessary to
accommodate important economic or social development in the area in which the waters
are located. In allowing such degradation or lower water quality, the State shall assure
water quality adequate to protect existing uses fully. Further, the State shall assure that
there shall be achieved the highest statutory and regulatory requirements for all new and
existing point sources and all cost-effective and reasonable best management practices
for nonpoint source control.
(i) The State may identify waters for the protections describe in (a)(2) of this section on a
parameter-by-parameter basis or on a water body-by-water body basis. Where the State
identifies waters for antidegradation protection on a water body-by-water body basis, the
State shall provide an opportunity for public involvement in any decisions about whether
the protections described in (a)(2) of this section will be afforded to a water body, and the
factors considered when making those decisions. Further, the State shall not exclude a
water body from the protections described in (a)(2) of this section solely because water
quality does not exceed levels necessary to support all of the uses specified in section
101(a)(2)oftheAct.
(ii) Before allowing any lowering of high water quality, pursuant to (a)(2) of this section,
the State shall find, after an analysis of alternatives, that such a lowering is necessary to
accommodate important economic or social development in the area in which the waters
are located. The analysis of alternatives shall evaluate a range of practicable alternatives
that would prevent or lessen the degradation associated with the proposed activity. When
the analysis of alternatives identifies one or more practicable alternatives, the State shall
only find that a lowering is necessary if one such alternative is selected for
implementation.
(b) The State shall develop methods for implementing the antidegradation policy that are, at a
minimum, consistent with the State's policy and with paragraph (a) of this section. The State
shall provide an opportunity for public involvement during the development and any subsequent
revisions of the implementation methods, and shall make the methods available to the public.
§ 131.14 Water quality standards variances.
States may adopt WQS variances, as defined in § 131.3(o). Such a WQS variance is subject to
the provisions of this section and public participation requirements at § 131.20(b). A WQS
variance is a water quality standard subject to EPA review and approval or disapproval.
(a) Applicability:
(1) A WQS variance may be adopted for a permittee(s) or water body/waterbody segment(s),
but only applies to the permittee(s) or water body/waterbody segment(s) specified in the
WQS variance.
(2) Where a State adopts a WQS variance, the State must retain, in its standards, the
underlying designated use and criterion addressed by the WQS variance, unless the State
Page 5 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
adopts and EPA approves a revision to the underlying designated use and criterion
consistent with § 131.10 and § 131.11. All other applicable standards not specifically
addressed by the WQS variance remain applicable.
(3) A WQS variance, once adopted by the State and approved by EPA, shall be the
applicable standard for purposes of the Act under 40 CFR 131.21(d)-(e), for the
following limited purposes. An approved WQS variance applies for the purposes of
developing NPDES permit limits and requirements under 301(b)(l)(C), where
appropriate, consistent with paragraph (a)(l) of this section. States and other certifying
entities may also use an approved WQS variance when issuing certifications under
section 401 of the Act.
(4) A State may not adopt WQS variances if the designated use and criterion addressed by
the WQS variance can be achieved by implementing technology-based effluent limits
required under sections 30 Kb) and 306 of the Act.
(b) Requirements for Submission to EPA:
(1) A WQS variance must include:
(i) Identification of the pollutant(s) or water quality parameter(s), and the water
body/waterbody segment(s) to which the WQS variance applies. Discharger(s)-specific
WQS variances must also identify the permittee(s) subject to the WQS variance.
(ii) The requirements that apply throughout the term of the WQS variance. The
requirements shall represent the highest attainable condition of the water body or
waterbody segment applicable throughout the term of the WQS variance based on the
documentation required in (b)(2) of this section. The requirements shall not result in any
lowering of the currently attained ambient water quality, unless a WQS variance is
necessary for restoration activities, consistent with paragraph (b)(2)(i)(A)(2) of this
section. The State must specify the highest attainable condition of the water body or
waterbody segment as a quantifiable expression that is one of the following:
(A) For discharger(s)-specific WQS variances:
(1) The highest attainable interim criterion, or
(2) The interim effluent condition that reflects the greatest pollutant reduction
achievable, or
(3) If no additional feasible pollutant control technology can be identified, the
interim criterion or interim effluent condition that reflects the greatest
pollutant reduction achievable with the pollutant control technologies installed
at the time the State adopts the WQS variance, and the adoption and
implementation of a Pollutant Minimization Program.
(B) For WQS variances applicable to a water body or waterbody segment:
(1) The highest attainable interim use and interim criterion, or
Page 6 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
(2) If no additional feasible pollutant control technology can be identified, the
interim use and interim criterion that reflects the greatest pollutant reduction
achievable with the pollutant control technologies installed at the time the
State adopts the WQS variance, and the adoption and implementation of a
Pollutant Minimization Program.
(Hi) A statement providing that the requirements of the WQS variance are either the
highest attainable condition identified at the time of the adoption of the WQS variance, or
the highest attainable condition later identified during any reevaluation consistent with
(b)(l)(v) of this section, whichever is more stringent.
(iv) The term of the WQS variance, expressed as an interval of time from the date of EPA
approval or a specific date. The term of the WQS variance must only be as long as
necessary to achieve the highest attainable condition and consistent with the
demonstration provided in paragraph (b)(2) of this section. The State may adopt a
subsequent WQS variance consistent with this section.
(v) For a WQS variance with a term greater than five years, a specified frequency to
reevaluate the highest attainable condition using all existing and readily available
information and a provision specifying how the State intends to obtain public input on the
reevaluation. Such reevaluations must occur no less frequently than every five years after
EPA approval of the WQS variance and the results of such reevaluation must be
submitted to EPA within 30 days of completion of the reevaluation.
(vi) A provision that the WQS variance will no longer be the applicable water quality
standard for purposes of the Act if the State does not conduct a reevaluation consistent
with the frequency specified in the WQS variance or the results are not submitted to EPA
as required by (b)(l)(v) of this section.
(2) The supporting documentation must include:
(i) Documentation demonstrating the need for a WQS variance.
(A) For a WQS variance to a use specified in section 101(a)(2) of the Act or a sub-
category of such a use, the State must demonstrate that attaining the designated use
and criterion is not feasible throughout the term of the WQS variance because:
(1) One of the factors listed in § 131.10(g) is met, or
(2) Actions necessary to facilitate lake, wetland, or stream restoration through
dam removal or other significant reconfiguration activities preclude
attainment of the designated use and criterion while the actions are being
implemented.
(B) For a WQS variance to a non-101(a)(2) use, the State must submit documentation
justifying how its consideration of the use and value of the water for those uses listed
Page 7 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
in § 131.10(a) appropriately supports the WQS variance and term. A demonstration
consistent with (b)(2)(i)(A) of this section may be used to satisfy this requirement.
(ii) Documentation demonstrating that the term of the WQS variance is only as long as
necessary to achieve the highest attainable condition. Such documentation must justify
the term of the WQS variance by describing the pollutant control activities to achieve the
highest attainable condition, including those activities identified through a Pollutant
Minimization Program, which serve as milestones for the WQS variance.
(iii) In addition to (i) and (ii) of this section, for a WQS variance that applies to a water
body or waterbody segment:
(A) Identification and documentation of any cost-effective and reasonable best
management practices for nonpoint source controls related to the pollutant(s) or water
quality parameter(s) and water body or waterbody segment(s) specified in the WQS
variance that could be implemented to make progress towards attaining the
underlying designated use and criterion. A State must provide public notice and
comment for any such documentation.
(B) Any subsequent WQS variance for a water body or waterbody segment must
include documentation of whether and to what extent best management practices for
nonpoint source controls were implemented to address the pollutant(s) or water
quality parameter(s) subject to the WQS variance and the water quality progress
achieved.
(c) Implementing WQS variances in NPDESpermits: A WQS variance serves as the applicable
water quality standard for implementing NPDES permitting requirements pursuant to §
122.44(d) for the term of the WQS variance. Any limitations and requirements necessary to
implement the WQS variance shall be included as enforceable conditions of the NPDES
permit for the permittee(s) subject to the WQS variance.
§ 131.15 Authorizing the use of schedules of compliance for water quality-based
effluent limits in NPDES permits.
If a State intends to authorize the use of schedules of compliance for water quality-based effluent
limits in NPDES permits, the State must adopt a permit compliance schedule authorizing
provision. Such authorizing provision is a water quality standard subject to EPA review and
approval under section 303 of the Act and must be consistent with sections 502(17) and
SOKbypCOoftheAct.
§ 131.20 State review and revision of water quality standards.
(a) State review. The State shall from time to time, but at least once every 3 years, hold public
hearings for the purpose of reviewing applicable water quality standards adopted pursuant to §§
Page 8 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
131.10—131.15 and Federally promulgated water quality standards and, as appropriate,
modifying and adopting standards. Any water body The State shall also re-examine any
waterbody segment with water quality standards that do not include the uses specified in section
101(a)(2) of the Act every 3 years to determine if any new information has become available. If
such new information indicates that the uses specified in section 101(a)(2) of the Act are
attainable, the State shall revise its standards accordingly. Procedures States establish for
identifying and reviewing water bodies for review should be incorporated into their Continuing
Planning Process. In addition, if a State does not adopt new or revised criteria for parameters for
which EPA has published new or updated CWA section 304(a) criteria recommendations, then
the State shall provide an explanation when it submits the results of its triennial review to the
Regional Administrator consistent with CWA section 303(c)(l) and the requirements of §
131.20(c).
(b) Public participation. The State shall hold one or more a-public hearing hearings for the
purpose of reviewing water quality standards as well as when revising water quality standards, in
accordance with provisions of State law, EPA's water quality management regulation (10
CFR 130.3(b)(6)) and EPA's public participation regulation (40 CFR part 25). The proposed
water quality standards revision and supporting analyses shall be made available to the public
prior to the hearing.
*****
§ 131.22 EPA promulgation of water quality standards.
*****
(b) The Administrator may also propose and promulgate a regulation, applicable to one or more
States-navigable waters, setting forth a new or revised standard upon determining such a standard
is necessary to meet the requirements of the Act. To constitute an Administrator's determination
that a new or revised standard is necessary to meet the requirements of the Act, such
determination must:
(1) Be signed by the Administrator or his or her duly authorized delegate, and
(2) Contain a statement that the document constitutes an Administrator's determination under
section 303(c)(4)(B) of the Act.
§ 131.34 Kansas.
(c) Water quality standard variances. {-t)-The Regional Administrator, EPA Region 7, is
authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this
section where the requirements of § 131.14 this paragraph (c) are met. A water quality standard
variance applies only to tho permittee requesting tho variance and only to tho pollutant or
Page 9 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
pollutants specified in tho variance; tho underlying water quality standard otherwise remains in
(2) A water quality standard variance shall not be granted if:
(i) Standards will be attained by implementing effluent limitations required under
sections 301(b) and 306 of tho CWA and by tho permittee implementing reasonable host
management practices for nonpoint source control; or
(ii) The variance would likely jeopardize the continued existence of any threatened or
endangered species listed under section ^ of the Endangered Species Act or result in the
destruction or adverse modification of such species' critical habitat.
(3) Subject to paragraph (c)(2) of this section, a water quality standards variance may be
granted if tho applicant demonstrates to EPA that attaining tho water quality standard is
not feasible because:
(i) Naturally occurring pollutant concentrations prevent the attainment of the use; or
(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the
attainment of the use, unless these conditions may be compensated for by the discharge
of sufficient volume of offluont discharges without violating State water conservation
requirements to enable uses to be met; or
(iii) Human caused conditions or sources of pollution prevent the attainment of the use
and cannot bo remedied or would cause more environmental damage to correct than to
leave in place; or
(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment
of the use, and it is not feasible to restore the water body to its original condition or to
operate such modification in a way which would result in the attainment of the use; or
(v) Physical conditions related to the natural features of the water body, such as the lack
of a proper substrate, cover, flow, depth, pools, riffles, and tho like unrelated to water
quality, preclude attainment of aquatic life protection uses; or
(vi) Controls more stringent than those required by sections 301(b) and 306 of the CWA
would result in substantial and widespread economic and social impact.
(4) Procedures. An applicant for a water quality standards variance shall submit a request to the
Regional Administrator of EPA Region 7. Tho application shall include all relevant information
showing that the requirements for a variance have been satisfied. The burden is on the applicant
to demonstrate to EPA's satisfaction that the designated use is unattainable for one of the reasons
specified in paragraph (c)(3) of this section. If the Regional Administrator preliminarily
determines that grounds exist for granting a variance, ho shall provide public notice of tho
proposed variance and provide an opportunity for public comment. Any activities required as a
condition of tho Regional Administrator's granting of a variance shall bo included as conditions
of the NPDES permit for the applicant. These terms and conditions shall be incorporated into the
Page 10 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
applicant's NPDES permit through tho permit roissuanco process or through a modification of tho
permit pursuant to the applicable permit modification provisions of Kansas' NPDES program.
(5) A variance may not exceed 3 years or the term of the NPDES permit, whichever is less. A
variance may be renewed if the applicant reapplies and demonstrates that the use in question is
still not attainable. Renewal of the variance may be denied if the applicant did not comply with
tho conditions of tho original variance, or otherwise does not moot tho requirements of this
section.
§ 131.40 Puerto Rico.
(c) Water quality standard variances. {-t)-The Regional Administrator, EPA Region 2, is
authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this
section where the requirements of § 131.14 this paragraph (c) are met. A water quality standard
variance applies only to the permittee requesting the variance and only to the pollutant or
pollutants specified in the variance; the underlying water quality standard otherwise remains in
(2) A water quality standard variance shall not be granted if:
(i) Standards will be attained by implementing effluent limitations required under
sections 301(b) and 306 of the CWA and by the permittee implementing reasonable best
management practices for nonpoint source control; or
(ii) The variance would likely jeopardize the continued existence of any threatened or
endangered species listed under section 1 of tho Endangered Species Act or result in tho
destruction or adverse modification of such species' critical habitat.
(3) A water quality standards variance may be granted if the applicant demonstrates to EPA that
attaining tho water quality standard is not feasible because:
(i) Naturally occurring pollutant concentrations prevent tho attainment of tho use;
(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the
attainment of the use, unless these conditions may be compensated for by the discharge
of sufficient volume of effluent discharges without violating Commonwealth water
conservation requirements to enable uses to be met;
(iii) Human caused conditions or sources of pollution prevent the attainment of the use
and cannot be remedied or would cause more environmental damage to correct than to
leave in place;
(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment
of tho use, and it is not feasible to restore tho watorbody to its original condition or to
operate such modification in a way which would result in the attainment of the use;
Page 11 of 12
-------
July 2015 EPA-820-D-15-001
Comparison of Final and Previously Applicable Rule
(v) Physical conditions related to tho natural features of tho watorbody, such as tho lack
of a proper substrate, cover, flow, depth, pools, riffles, and the like unrelated to water
quality, preclude attainment of aquatic life protection uses; or
(vi) Controls more stringent than those required by sections 301(b) and 306 of the CWA
would result in substantial and widespread economic and social impact.
(4) Procedures. An applicant for a water quality standards variance shall submit a request to the
Regional Administrator of EPA Region 2. Tho application shall include all relevant information
showing that the requirements for a variance have been met. The applicant must demonstrate that
the designated use is unattainable for one of the reasons specified in paragraph (c)(3) of this
section. If the Regional Administrator preliminarily determines that grounds exist for granting a
variance, ho/sho shall provide public notice of tho proposed variance and provide an opportunity
for public comment. Any activities required as a condition of the Regional Administrator's
granting of a variance shall bo included as conditions of tho NPDES permit for tho applicant.
These terms and conditions shall be incorporated into the applicant's NPDES permit through the
permit reissuance process or through a modification of the permit pursuant to the applicable
permit modification provisions of Puerto Rico's NPDES program.
(5) A variance may not exceed five years or the term of the NPDES permit, whichever is less. A
variance may be renewed if the applicant reapplies and demonstrates that the use in question is
still not attainable. Renewal of tho variance may bo denied if tho applicant did not comply with
the conditions of the original variance, or otherwise does not meet the requirements of this
section.
Page 12 of 12
------- |