NR 211.14(2)(a)(a) A request for a fundamentally different factors variance may be approved only if:

NR 211.14(2)(a)1.1. Factors relating to the industrial user which would be affected by the variance are fundamentally different from the factors considered in establishing the applicable categorical pretreatment standard;

NR 211.14(2)(a)2.2. There is an applicable categorical pretreatment standard which specifically controls the pollutant for which alternative limits have been proposed; and

NR 211.14(2)(b)(b) A request for a fundamentally different factors variance to establish limits less stringent than required by the categorical pretreatment standard may be approved only if:

NR 211.14(2)(b)1.1. The alternative limit requested is no less stringent than justified by the fundamental difference; and

NR 211.14(2)(b)2.2. The alternative limit will not result in a violation of any prohibited discharge standard set forth in or established under s. NR 211.10;

NR 211.14(2)(b)3.3. The alternative limit will not result in an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the categorical pretreatment standard; and

NR 211.14(2)(b)4.4. Compliance with the applicable categorical pretreatment standard would result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the standard.

NR 211.14(2)(c)(c) A request for a fundamentally different factors variance to establish limits more stringent than required by the categorical pretreatment standard may be approved only if:

NR 211.14(2)(c)1.1. The alternative limit requested is no more stringent than justified by the fundamental difference; and

NR 211.14(2)(c)2.2. Compliance with the alternative limit would not result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during the development of the standard.

NR 211.14(3)(3) Factors considered fundamentally different are:

NR 211.14(3)(a)(a) The nature or quality of pollutants contained in the industrial user’s raw process wastewater;

NR 211.14(3)(b)(b) The volume of the industrial user’s process wastewater and the volume of effluent discharged;

NR 211.14(3)(c)(c) The environmental impact, other than that related to water quality, of control and treatment of the industrial user’s raw process wastewater;

NR 211.14(3)(d)(d) The energy requirements of the application of control and treatment technology;

NR 211.14(3)(e)(e) Age, size, and configuration of the industrial user’s equipment, facilities, production processes and process changes, availability of land, and engineering aspects of the application of control technology; and

NR 211.14(4)(4) Factors which may not be considered fundamentally different are:

NR 211.14(4)(a)(a) The feasibility of installing the required pretreatment equipment within the time allowed by the categorical pretreatment standard;

NR 211.14(4)(b)(b) The assertion that the standard cannot be achieved with the appropriate pretreatment equipment installed, if such assertion is not based on factors listed in sub. (3);

NR 211.14(4)(c)(c) The industrial user’s ability to pay for the required pretreatment equipment; or

NR 211.14(5)(5) Requests for a variance shall be submitted in writing to the department within 180 days after the effective date of the federal categorical pretreatment standard. If the industrial user has requested a categorical determination under s. NR 211.33, the request for a fundamentally different factors variance may be delayed to within 30 days after the final decision on the category determination has been made. Variance requests shall include the following:

NR 211.14(5)(c)(c) Identification of the POTW receiving the indirect discharge from the industrial user for which the variance is requested;