Section 50. Variances

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.

Historical Notes

Derived from VR120-02-05, eff. May 1, 1990; amended, Volume 07, Issue 14, eff. July 1, 1991; Volume 09, Issue 05, eff. January 1, 1993; Volume 09, Issue 06, eff. February 1, 1993; Volume 14, Issue 03, eff. January 1, 1998.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.