UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                                                            WSG 18
                                                         Date Signed: August 21, 1979
                                                             Revised: November 1998
                                                           Revised by: Wendy Warren

MEMORANDUM

SUBJECT:   Illegal Use of Variance/Declaratory Judgment

FROM:      Alan Levin, Director (signed by Alan Levin)
             State Programs Division, ODW (WH-550)

TO:          Regional Water Supply Representatives, I-X

       Attached is a memorandum regarding the potential utilization of the declaratory judgment
process for illegally issued variances - you will note that this is jointly issued by the Office of
Enforcement and the Office of General Counsel.

       While we are not advocating the use of this procedure at this time, the States should be
aware of its potentiality. You may wish to share this guidance with the Regional Enforcement
Division. I have not enclosed the attachments mentioned in the memorandum as these were
attached to original guidance document of July 13, 1979.
Attachment

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