Illinois Wastewater Variances regulations & environmental compliance analysis

Illinois Wastewater Variances: What you need to know

Governing Law and Regulations

National Pollutant Discharge Elimination System (NPDES) variances: 35 Illinois Administrative Code (IAC) 309.184

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Fundamentally different factors (FDFs) variances: 35 IAC 310.701 to 310.722

Total metals: 35 IAC 309.157

Regulatory Agencies

Illinois Environmental Protection Agency (IEPA) Bureau of Water

U.S. Environmental Protection Agency (EPA) Region 5

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Illinois is fully authorized by EPA to administer the NPDES permit program for wastewater discharges. The NPDES permit program includes provisions for wastewater variances (35 IAC 309.184) that follow the federal requirements. For additional wastewater discharge permit information, see the state section NPDES PERMIT.

Illinois follows the federal fundamentally different factors (FDF) variance procedures for indirect discharges as the state does not have authorization to administer the pretreatment program in Illinois. See the national section WASTEWATER VARIANCES for more information. The variance may be used when seeking a more or less stringent categorical pretreatment standard than the one currently applicable to particular industrial facilities.

Administration and enforcement. IEPA issues NPDES permit variances. However, IEPA does not have the authority to issue FDF variances.

Requests for FDF variances should be submitted to IEPA for review. Where IEPA finds that FDFs do not exist, it will deny the request and notify the applicant (and the industrial user where they are not the same) and the publicly owned treatment works (POTWs) of the denial.

However, if IEPA ...


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