New York Wastewater Variances regulations & environmental compliance analysis

New York Wastewater Variances: What you need to know

Governing Law and Regulations

Effluent standards: 6 New York Codes, Rules, and Regulations (NYCRR) 702.17

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Variance term: 6 NYCRR 702.17(a)(5)

Applicability: 6 NYCRR 702.17(b)

Risk assessment: 6 NYCRR 702.17(c)

Application: 6 NYCRR 702.17(d)

Thermal discharges: 6 NYCRR 704.4

Regulatory Agencies

New York Department of Environmental Conservation (DEC) Division of Water

U.S. Environmental Protection Agency (EPA) Region 2

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York's DEC may grant an applicant for a State Pollutant Discharge Elimination System (SPDES) permit, or an SPDES permittee, a variance to a water quality-based effluent limitation or groundwater effluent limitation included in an SPDES permit. The SPDES program is New York's equivalent to the federal National Pollutant Discharge Elimination System (NPDES) permitting program. DEC may also grant a modification to certain thermal discharge criteria. For more information concerning wastewater variances, see the national sections WASTEWATER VARIANCES and THERMAL DISCHARGES.

Administration and enforcement. DEC's Division of Water administers and enforces the state's SPDES permit program, which includes effluent limitation variances and thermal discharge criteria modifications.

State Requirements


6 NYCRR 702.17(a)(1)

DEC may grant to an applicant for an SPDES permit a variance to a water-quality–based effluent limitation or groundwater effluent limitation included in an SPDES permit. The variance applies only to the permittee identified in the variance and only to the pollutant specified in the variance. A ...

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