Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 20 - GENERAL PROVISIONS
Part I - Administrative
Section 9VAC5-20-50 - Variances
Universal Citation: 9 VA Admin Code 5-20-50
Current through Register Vol. 41, No. 3, September 23, 2024
A. Fuel variance.
1. Regardless of any other provision of this
section, the executive director may issue an order granting a fuel variance for
fuel burning equipment from applicable provisions of these regulations if,
after a thorough investigation and public hearing, he finds that:
a. The owner, in good faith and prior to the
request for the fuel variance, has attempted to comply with applicable
provisions of these regulations;
b.
The owner has substantial cause to believe he will be unable to obtain the fuel
to operate the equipment in compliance with applicable provisions of these
regulations;
c. The maximum
particulate and sulfur dioxide emissions from fuels permitted in the fuel
variance would be the lowest that the available fuels will permit;
d. The need for the requested fuel variance
could not have been avoided by the owner; and
e. The period of the fuel variance will not
exceed the reasonably predicted shortage of fuel which would allow compliance
with these regulations, or 180 days, whichever is less.
2. The owner requesting the fuel variance
shall submit the following, where appropriate, to the executive director:
a. The requested commencement and termination
dates of the fuel variance;
b. The
type and quantity of fuel to be used under the requested fuel variance, along
with the maximum ash and sulfur content, if any;
c. An affidavit stating why the owner is
unable to, or has substantial cause to believe that he will be unable to,
obtain fuel which would allow compliance with applicable provisions of these
regulations;
d. An estimate of the
amount of fuel to be conserved;
e.
An estimate of the increased air pollutants that might cause violations of the
ambient air quality standards;
f.
An estimate, with reasons given, of the duration of the shortage of fuel which
would allow compliance with applicable provisions of these regulations;
and
g. Such other information as
the executive director may require to make his findings as provided in
subdivision 1 of this subsection.
3. Notice of public hearings on applications
for fuel variances shall be advertised at least 10 days prior to the date of
the hearing, in at least one major newspaper of general circulation in the air
quality control region in which the affected source is located. The notice
shall contain the subject, date, time and place of the public hearing. The
public hearing shall be conducted to give the public an opportunity to comment
on the variance.
4. Fuel variances
may be granted only for individual sources, and not for categories or
classes.
5. No fuel variance shall
be granted for more than 180 days. Any request for a variance for a period
beyond 180 days shall be governed by the provisions of
9VAC5-170-140, except that the
board, where appropriate, may require compliance with any of the conditions and
requirements here.
6. Fuel
variances may be amended or revoked in the manner provided for in
9VAC5-170-140 except that only a
10-day notice shall be required.
B. Nothing in this section shall be construed to limit, alter or otherwise affect the obligation of any person to comply with any provision of these regulations not specifically affected by this section.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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