1. A. The director may grant a variance from any regulation contained in Part III (9VAC20-121-100 et seq.) through Part V (9VAC20-121-300 et seq.) of this chapter to an applicant if the applicant demonstrates to the satisfaction of the director that:

   1. 1. a. Strict application of the regulation to the facility will result in undue hardship that is caused by the applicant's particular situation;

      1. b. The alternate is equally protective of human health and the environment as that provided for in the regulations; or
      2. c. Technical conditions exist that make a strict application of the regulation difficult to achieve; and
   2. 2. Granting the variance will not result in an unreasonable risk to the public health or the environment.

2. B. Effects of the decisions.

   1. 1. When the director renders a decision under this section in accordance with the procedures contained in 9VAC20-121-420, the director may:

      1. a. Deny the application;
      2. b. Grant the variance as requested; or
      3. c. Grant a modified or partial variance.

   2. 2. When a variance is granted, the director may:

      1. a. Specify the termination date of the variance; or

      2. b. Include a schedule for:

         1. (1) Compliance, including increments of progress, by the facility with each requirement of the variance; and
         2. (2) Implementation by the facility of such control measures as the director finds necessary in order that the variance may be granted.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 257.

Historical Notes

Derived from Virginia Register Volume 39, Issue 13, eff. March 15, 2023; Errata, 39:15 VA.R. 2075 March 13, 2023.