N.J. Admin. Code § 7:14A-21.5 Variance From Categorical Pretreatment Standards For Fundamentally Different Factors

• Library: New Jersey Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 55, No. 46, November 20, 2023
• Citation: N.J. Admin. Code § 7:14A-21.5
• Year: 2023

(a) Any interested person believing that factors relating to an indirect user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that indirect user and that the existence of those factors justifies a different discharge limit than specified in the applicable categorical pretreatment standard may request a fundamentally different factors variance under this section.

1. A request for a variance based upon fundamentally different factors shall be approved only if i. There is an applicable categorical pretreatment standard which specifically controls the pollutant for which alternative limits have been requested; ii. Factors relating to the discharge controlled by the categorical pretreatment standard are fundamentally different from the factors considered by USEPA in establishing the standards and iii. The request for a variance is made in accordance with the procedural requirements of (e) and (f) below.

2. A variance request for the establishment of limits less stringent than required by the standard shall be approved only if: i. The alternative limit requested is no less stringent than justified by the fundamental difference; ii. The alternative limit will not result in a violation of any prohibition established under 7undefined7:14A-21.2(a)1; iii. The alternative limit will not result in a non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the pretreatment standards; and iv. Compliance with the standards (either by using the technologies upon which the standards are based or by using other control alternatives) would result in either (1) A removal cost (adjusted for inflation) wholly out of proportion to the removal cost considered during development of the standards; or (2) A non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the standards.

3. A variance request for the establishment of limits more stringent than required by the standards shall be approved only if:i. The alternative limit request is no more stringent than justified by the fundamental difference; and ii. Compliance with the alternative limit would not result in either: (1) A removal cost (adjusted for inflation) wholly out of...