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Subpart 235-8: Variances

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103 and 71-2105)

[Filed 09/15/09. 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.

Contents:

Sec.

§235-8.1 Variances

(a) Any person who cannot comply with the requirements set forth in Subpart 235-3 of this Part, because of extraordinary reasons beyond the person's reasonable control may apply in writing to the director, Division of Air Resources, Department of Environmental Conservation for a variance. When approved by the director, Division of Air Resources, Department of Environmental Conservation, the variance will be submitted to the United States Environmental Protection Agency as a State Implementation Plan revision for approval. The variance application shall 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 235-3 of this Part will be achieved; and

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

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

(1) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with Subpart 235-3 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 which 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 variance order shall specify a final compliance date by which the requirements of Subpart 235-3 of this Part will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the director, Division of Air Resources, Department of Environmental Conservation finds necessary to carry out the purposes of applicable New York State health and safety laws and Part 621 of this Title and the procedures therein.

(d) Upon the application of any person, the director, Division of Air Resources, Department of Environmental Conservation may review, and for good cause, modify or revoke a variance from requirements of Subpart 235-3 of this Part in accordance with Part 621 of this Title and the procedures therein and applicable New York State health and safety laws.