Md. Code Regs. 26.11.32.15 - Variances
A. A person who
cannot comply with the requirements set forth in Regulations .04-.10 of this
chapter because of reasons beyond the person's reasonable control may apply in
writing to the Department for a variance. The variance application shall
include:
(1) The specific grounds upon which
the variance is sought;
(2) The
proposed date or dates by which compliance with the provisions of Regulations
.04-.10 of this chapter will be achieved; and
(3) A plan reasonably detailing the method or
methods by which compliance will be achieved.
B. Action on an Application for a Variance.
(1) A variance may not be granted unless the
Department determines that:
(a) Due to reasons
beyond the reasonable control of the applicant, requiring compliance with
Regulations .04-.10 of this chapter would result in undue economic
hardship;
(b) The public interest
in mitigating the applicant's undue economic hardship by granting the variance
outweighs the public interest in avoiding increased emissions of air
contaminants that may result from issuing the variance; and
(c) The plan proposed by the applicant can
reasonably be implemented, and will achieve compliance as expeditiously as
possible.
(2) If the
Department determines that a variance may be granted, it shall prepare an order
that contains the following:
(a) A final
compliance date by which the requirements of Regulations .04-.10 of this
chapter will be achieved;
(b) A
condition that specifies increments of progress necessary to ensure timely
compliance; and
(c) Other
conditions that the Department deems necessary.
(3) Before the order is issued, a public
hearing will be held to allow an opportunity for comment on the
order.
(4) If issued, the order
shall be submitted to the EPA for inclusion in the approved State
Implementation Plan.
C.
Failure to Comply. If a person subject to an order fails to comply fully with
the terms and conditions of the order, it will be withdrawn, and the standards
in Regulation .04B of this chapter shall apply.
Notes
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