Indiana Wastewater Variances regulations & environmental compliance analysis

Indiana Wastewater Variances: What you need to know

Governing Law and Regulations

Water pollution control: Indiana Code (IC) 13-18-1-1 to 13-18-20-16

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Variance requests: 327 Indiana Administrative Code (IAC) 2-1-8.8

Fundamentally different factors (FDFs): 327 IAC 5-6-1 to 5-6-3

Economic factors: 327 IAC 5-3-4

Alternative thermal effluent limitations: 327 IAC 5-7-1 to 5-7-4

Mercury: 327 IAC 5-3.5-1 to 5-3.5-10

Regulatory Agencies

Indiana Department of Environmental Management (IDEM) Office of Water Quality

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. Indiana has adopted most of the wastewater variance types permitted under the federal Clean Water Act (CWA), including the fundamentally different factors (FDFs) variance. The variances may be used as a procedural mechanism when seeking an effluent standard or categorical pretreatment standard that is less stringent than the one currently applicable to that particular type of industrial facility. For information on FDF variances, see the national section WASTEWATER VARIANCES.

Administration and enforcement. IDEM's Office of Water Quality is responsible for the administration and enforcement of all water discharge permit regulations, including wastewater variances.

State Requirements


327 IAC 2-1-8.8

In Indiana, wastewater variances can be based on FDFs, economic factors, alternative thermal effluent limitations, and mercury.

Indiana requires that a permit applicant or permittee apply to the IDEM for a variance from the water quality standard used to derive a water-quality-based effluent limitation (WQBEL) contained in a NPDES permit for a ...

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