Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part III - Pollution Prevention Requirements › Section 9VAC25-91-160 - Variances to the requirements of Part III (9VAC25-91-130 et seq) of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. General
				  criteria for granting a variance on a case-by-case basis.
1. The department is required by §
				  62.1-44.34:15.1 of the Code of Virginia to establish the criteria to grant
				  variances of the AST pollution prevention requirements on a case-by-case basis
				  and by regulation for categories of ASTs. Any person affected by this chapter
				  may petition the department to grant a variance of any requirement of Part III
				  (9VAC25-91-130
				  et seq.) of this chapter.
2. The
				  department will not grant any petition for a variance related to:
a. Definitions;
b. Registration;
c. Classification of aboveground storage
				  tanks; or
d. Oil discharge
				  contingency plans.
3.
				  The department may grant a variance if:
a. The
				  applicant demonstrates to the satisfaction of the department that the alternate
				  design or operation will result in a facility that is equally capable of
				  preventing pollution of state water, land, and storm drains from the discharge
				  of oil from new and existing ASTs. If the variance would extend a deadline, the
				  petitioner shall demonstrate that a good faith effort to comply with the
				  deadline was made;
b. Granting the
				  variance will not result in an unreasonable risk to human health or the
				  environment; and
c. Granting the
				  variance will not result in a conflict with applicable local codes or
				  ordinances.
4. In
				  rendering a decision, the department may:
a.
				  Deny the petition;
b. Grant the
				  variance as requested;
c. Grant a
				  modified variance which:
(1) Specifies
				  additional or modified requirements;
(2) Includes a schedule for:
(a) Periodic review of the modified
				  requirements;
(b) Implementation by
				  the facility of such control measures as the department finds necessary in
				  order that the variance may be granted; or
(c) Compliance, including increments of
				  progress, by the facility with each requirement of the variance; or
(3) Specifies the termination date
				  of the variance.
d.
				  Grant a partial variance that:
(1) Specifies
				  a particular part of the requirement;
(2) Specifies a particular part of the
				  request;
(3) Includes a schedule
				  for:
(a) Periodic review of the partial
				  requirements;
(b) Implementation by
				  the facility of such control measures as the department finds necessary in
				  order that the variance may be granted; or
(4) Specifies the termination date of the
				  variance.
5.
				  An operator must comply with the requirements of this chapter even when a
				  variance request is under consideration by the department. A variance request
				  submitted but disapproved, or submitted but not yet decided, shall not
				  constitute a defense or delay to any enforcement action undertaken by the
				  department.