(1) The criteria established in WAC 173-201A-200
and 173-201A-600 through 173-201A-612 may be modified for individual facilities, or stretches of waters, through the use of a variance. Variances may be approved by the department when:
(a) The modification is consistent with the requirements of federal law (currently 40 C.F.R. 131.10(g) and 131.10(h));
(b) The water body is assigned variances for specific criteria and all other applicable criteria must be met; and
(c) Reasonable progress is being made toward meeting the original criteria.
(2) The decision to approve a variance is subject to a public and intergovernmental involvement process.
(3) The department may issue a variance for up to five years, and may renew the variance after providing for another opportunity for public and intergovernmental involvement and review.
(4) Variances are not in effect until they have been incorporated into this chapter and approved by the USEPA.
[Statutory Authority: RCW 90.48.035. 11-09-090 (Order 10-10), § 173-201A-420, filed 4/20/11, effective 5/21/11. Statutory Authority: Chapters 90.48 and 90.54 RCW. 03-14-129 (Order 02-14), § 173-201A-420, filed 7/1/03, effective 8/1/03.]