PUBLIC LAW 100-4—FEB. 4, 1987
101 STAT. 35
(b) EXTENSION TO CONVENTIONAL POLLUTANTS.—Section 301(k) is amended by inserting "or (b)(2)(E)" after "(b)(2)(A)" each place it appears.
33 USC i3ii.
SEC. 306. FUNDAMENTALLY DIFFERENT FACTORS.
(a) GENERAL RULE,—Section 301 is amended by adding at the end the following new subsections: "(n) FUNDAMENTALLY DIFFERENT FACTORS.— "(1) GENERAL RULE.—The Administrator, with the concur-
State and local rence of the State, may establish an alternative requirement governments. under subsection (b)(2) or section 307(b) for a facility that modi- 33 USC 1317. fies the requirements of national effluent limitation guidelines or categorical pretreatment standards that would otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator that— "(A) the facility is fundamentally different with respect to the factors (other than cost) specified in section 304(b) or 304(g) and considered by the Administrator in establishing 33 USC 1314. such national effluent limitation guidelines or categorical pretreatment standards; "(B) the application— "(i) is based solely on information and supporting . data submitted to the Administrator during the rulemaking for establishment of the applicable national effluent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally different for such facility; or "(ii) is based on information and supporting data referred to in clause (i) and information and supporting data the applicant did not have a reasonable oppor,,., tunity to submit during such rulemaking; "(C) the alternative requirement is no less stringent than justified by the fundamental difference; and "(D) the alternative requirement will not result in a nonwater quality environmental impact which is markedly more adverse than the impact considered by the Administrator in establishing such national effluent limitation guideline or categorical pretreatment standard. "(2) TIME LIMIT FOR APPLICATIONS.—An application for an
alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180 days after the date on which such limitation or standard is established or revised, as the case may be. "(3) TIME LIMIT FOR DECISION.—The Administrator shall ap-
prove or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Administrator. '(4) SUBMISSION OF INFORMATION.—The Administrator may
allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to approve or deny such application. "(5) TREATMENT OF PENDING APPLICATIONS.—For the purposes of this subsection, an application for an alternative requirement based on fundamentally different factors which is pending on
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