Common use of Variance and Categorical Determinations Clause in Contracts

Variance and Categorical Determinations. As an Approval Authority, the TNRCC will also make written determinations on all category classification requests made in accordance with 40 CFR §403.6(a) from either IUs or POTWs. TNRCC will forward its determination with a copy of the request and supporting information to EPA for concurrence. If EPA does not object or modify the TNRCC determination within 90 days of receipt, the determination is final. If EPA modifies the decision, then EPA's decision is final, and a copy of the final decision will be sent to the applicant and the TNRCC. EPA shall be responsible for processing all requests for hearings, pursuant to 40 CFR §403.6(a)(5). EPA shall provide the TNRCC with its determination after acting on petitions contesting a final decision. The TNRCC will also review requests by IUs or POTWs for Fundamentally Different Factor (FDF) variances as allowed by §301(b) of the CWA. FDF variance requests will be reviewed and denied by the TNRCC, but must be forwarded to EPA for final approval. EPA shall review the FDF request and prepare and transmit a response within 60 days in accordance with 40 CFR §403.13(l). EPA shall provide for a hearing on the FDF decision in accordance with 40 CFR §403.13(m).

Variance and Categorical Determinations. As an Approval Authority, the TNRCC TCEQ will also make written determinations on all category classification requests made in accordance with 40 CFR §403.6(a) from either IUs or POTWs. TNRCC TCEQ will forward its determination with a copy of the request and supporting information to EPA for concurrence. If EPA does not object or modify the TNRCC TCEQ determination within 90 ninety (90) days of receipt, the determination is final. If EPA modifies the decision, then EPA's decision is final, and a copy of the final decision will be sent to the applicant and the TNRCCTCEQ. EPA shall be responsible for processing all requests for hearings, pursuant to 40 CFR §403.6(a)(5). EPA shall provide the TNRCC TCEQ with its determination after acting on petitions contesting a final decision. The TNRCC TCEQ will also review requests by IUs or POTWs for Fundamentally Different Factor (FDF) variances as allowed by CWA §301(b) of the CWA). FDF variance requests will be reviewed and denied by the TNRCCTCEQ, but must be forwarded to EPA for final approval. EPA shall review the FDF request and prepare and transmit a response within 60 sixty ( 60) days in accordance with 40 CFR §403.13(l). EPA shall provide for a hearing on the FDF decision in accordance with 40 CFR §403.13(m).