25 Pa. Code § 245.606 - Variances
When unique or peculiar circumstances make compliance
with this subchapter technically impractical, infeasible or unsafe, the
(1) A
variance may only be granted if the storage tank system meets alternative
technical standards that fully protect human health and the
environment.
(2) A written
application for a variance shall be submitted to the Department and must
provide all of the following information:
(i)
The facility name and identification number for which the variance is
sought.
(ii) Specific sections of
this subchapter from which the variance is sought.
(iii) The unique or peculiar conditions which
make compliance with the sections identified under subparagraph (ii)
technically impractical, infeasible or unsafe.
(iv) Evidence, including data, plans,
specifications and test results, which supports an alternative design,
practice, schedule or method as being at least as protective of human health
and the environment as the requirement of the sections identified under
subparagraph (ii).
(3)
New technologies may be granted a variance. New technologies shall be reviewed
and documented by a professional engineer and documentation provided to the
Department with the variance request.
(4) The Department will not grant a variance
which would result in regulatory controls less stringent than other applicable
Federal or State regulations, such as 34 Pa. Code Chapter 14 (relating to
flammable and combustible liquids; preliminary provisions) and 40 CFR Part 112
(relating to oil pollution prevention).
(5) When granting the variance, the
Department may impose specific conditions necessary to assure that the variance
will adequately protect the public health, safety or welfare and the
environment.
(6) The Department
will provide to the applicant a written notice of approval, approval with
conditions or denial. Variance approvals will be published in the
Pennsylvania Bulletin.
Notes
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