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Subpart 239-7: Variances

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0305, 71-2103, 71-2105)

[Filed 10/4/02. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.



§239-7.1 Variances

(a) Any person or manufacturer who cannot comply with the requirements set forth in Subpart 239-3 of this Part, due to extraordinary reasons beyond the person's reasonable control, may apply in writing to the department for a variance. The variance application must set forth:

(1) the specific grounds upon which the variance is sought;

(2) the proposed date(s) by which compliance with the provisions of Subpart 239-3 of this Part will be achieved; and

(3) a compliance report detailing the method(s) by which compliance will be achieved.

(b) No variance may be granted unless all of the following findings are made:

(1) that, due to reasons beyond the reasonable control of the applicant, required compliance with Subpart 239-3 of this Part would result in extraordinary economic hardship;

(2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and

(3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.

(c) Any approval of a variance shall specify a final compliance date by which compliance with the requirements of Subpart 239-3 of this Part will be achieved. Any approval of a variance shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of this regulation.

(d) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.

(e) Upon the application of any person, the department may review, and for good cause, modify or revoke a variance from requirements of Subpart 239-3 of this Part after holding a public hearing in accordance with the provisions of subdivision (b) of this section.