VARIANCES
§ 130.411. Application for variance.
(a) A person who cannot comply with § § 130.211—130.217 (relating to standards), because of extraordinary reasons beyond the person’s 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 dates by which compliance with § 130.211 (relating to table of standards) will be achieved.
(3) A compliance report reasonably detailing the methods by which compliance will be achieved.
(b) No later than 75 days after receipt of a complete variance application containing the information required in subsection (a), the Department will hold a public hearing in accordance with § 130.471 (relating to public hearings) to determine:
(1) Whether a variance from the requirements in § § 130.211—130.217 is necessary.
(2) Under what conditions a variance from the requirements in § § 130.211—130.217 is necessary.
(3) To what extent a variance from the requirements in § § 130.211—130.217 is necessary.
(c) The Department will not grant a variance unless the applicant demonstrates in writing the following to the Department’s satisfaction:
(1) That because of reasons beyond the reasonable control of the applicant, requiring compliance with § § 130.211—130.217 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 increased emissions of air contaminants that would result from issuing the variance.
(3) That the compliance program proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
Authority The provisions of this § 130.411 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 130.411 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5598. Immediately preceding text appears at serial pages (291994) to (291995).
Cross References This section cited in 25 Pa. Code § 130.211 (relating to table of standards); and 25 Pa. Code § 130.215 (relating to requirements for aerosol adhesives).
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