Wastewater Variances: What you need to know

Governing Law and Regulations

Clean Water Act (CWA), 33 USC 1251 to 1387

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National Pollutant Discharge Elimination System (NPDES) permits: 40 CFR 122

Fundamentally different factors (FDFs): 40 CFR 403.13

Variance requirements: 40 CFR 125.31(b)(1) to 125.31(b)(3)

Factors EPA may consider: 40 CFR 125.31(d)(1) to 125.31(d)(6) and 40 CFR 403.13(d)(1) to 403.13(d)(6)

Factors EPA cannot consider: 40 CFR 125.31(e)(1) to 125.31(e)(4) and 40 CFR 403.13(e)(1) to 403.13(e)(4)

Variance application: 40 CFR 403.13(h)(1) to 403.13(h)(9)

Notice and comment: 40 CFR 403.13(j)(1) to 403.13(j)(3)

Economic variances: 33 USC 1311(c)

Economic capability: 40 CFR 131.10 to 131.12

Further progress requirement: 40 CFR 131.13

Localized factors: 33 USC 1311(g)

Marine discharge variances: 33 USC 1311(h)

Net limits: 40 CFR 122.45(g)

Thermal discharge variances: 40 CFR 125.72

Decisions on thermal variances: 40 CFR 124.66

Stormwater exclusion: 40 CFR 122.26(g)

Laboratory testing: 40 CFR 136.3

Aquatic toxicity tests: 40 CFR 136.3(e)

Antibacksliding: 40 CFR 122.44(l)

Requesting a variance: 40 CFR 124.62

Application deadline: 40 CFR 403.13(g)

When U.S. Environmental Protection Agency (EPA) has authority: 40 CFR 124.63

Draft permit: 40 CFR 122.21(m)(1)

Variance appeals: 40 CFR 124.64

Technology-based appeals: 40 CFR 125.3

Modifying a permit:

Major modifications: 40 CFR 122.62

Minor modifications: 40 CFR 122.63

Publicly owned treatment works (POTW) program modification: 40 CFR 403.18

Toxicity limits: 40 CFR 129.7

Regulatory Agencies

U.S. Environmental Protection Agency (EPA) Office of Wastewater Management

EPA regional offices

EPA-delegated state agencies

See ADDRESSES & CONTACTS for addresses and telephone numbers.


The federal CWA (33 USC 1251 to 1387) provides for ...

>> Read more about Wastewater Variances

More on this topic:

Governing Law and Regulations
Regulatory Agencies
Types of Variances
Variance Requests
Permit Modifications
Additional Guidance
Guidance Document

State Requirements

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Wastewater Variances Resources

Wastewater Variances Products

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