40 C.F.R. § 125.32

Method of application

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) A written request for a variance under this subpart D shall be submitted in duplicate to the Director in accordance with §§ 122.21(m)(1) and 124.3 of this chapter.

(b) The burden is on the person requesting the variance to explain that:

(1) Factor(s) listed in § 125.31(b) regarding the discharger's facility are fundamentally different from the factors EPA considered in establishing the national limits. The requester should refer to all relevant material and information, such as the published guideline regulations development document, all associated technical and economic data collected for use in developing each national limit, all records of legal proceedings, and all written and printed documentation including records of communication, etc., relevant to the regulations which are kept on public file by the EPA;

(2) The alternative limitations requested are justified by the fundamental difference alleged in paragraph (b)(1) of this section; and

(3) The appropriate requirements of § 125.31 have been met.

[44 FR 32948, June 7, 1979, as amended at 65 FR 30913, May 15, 2000]

Notes of Decisions

Cited in 6 cases, 1977–1988 · leading case: Costle v. Pac. Legal Found., 445 U.S. 198 (1980).

Sort: Relevance Newest Treatment

Costle v. Pac. Legal Found., 445 U.S. 198 (1980). · cites it 2× “” 40 CFR § 125.32 (a) (1978). 5 That public notice “shall include at least”: (1) circulation of the notice within the affected geographical area by posting in the post office and “public places” nearest the applicant’s premises; or posting “near the entrance to the applicant’s…”

Raymond Proffitt v. Rohm & Haas, 850 F.2d 1007 (3rd Cir. 1988). · cites it 2× “40 C.F.R. § 125.32 (e)(8)(v) (1975). There are at least two flaws to this argument.”

Marathon Oil Co. v. Env't Prot. Agency, 564 F.2d 1253 (9th Cir. 1977). “See 40 C.F.R. § 125.32 (e)(8). A state can waive its certification right either explicitly or by failing to respond to a certification request within 30 days.”

Cent. Hudson Gas & Elec. Corp. v. United States Env't Prot. Agency, 587 F.2d 549 (2d Cir. 1978). “40 C.F.R. § 125.32 . After further study, the Regional Administrator of the EPA made a final “determination” with respect to each application.”

Roosevelt Campobello Int'l Park Comm'n v. United States Env't Prot. Agency, 684 F.2d 1041 (1st Cir. 1982). “40 C.F.R. § 125.32 (e)(8)(v) & (vi) (1978).”

Cent. Hudson Gas & Elec. Corp. v. United States Env't Prot. Agency, 444 F. Supp. 628 (S.D.N.Y. 1978). “40 C.F.R. § 125.32 . Pursuant to the terms of the notice and the federal regulation, each plaintiff submitted to the EPA comments and data with regard to the permit for its facility.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.