D.C. Mun. Regs. r. 20-103

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 20-103 - VARIANCE

103.1

Each person required to perform an act by the air quality regulations may be excused by the Department from the performance of the act, either in whole or in part, upon a finding by the Department that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or the impracticability of bringing the activity into full compliance with the requirements of the air quality regulations.

103.2

A variance may be granted only to the extent that it is necessary to ameliorate an exceptional or undue hardship, and only when compensating factors are present that give adequate protection to the public health or welfare and assure that the intent and purpose of the air quality regulations are not impaired.

103.3

No variance may be granted to excuse performance required by any federally enforceable emissions limitation or requirement.

103.4

A person requesting a variance shall submit a written request for the variance, together with the supporting data and analyses that may be required by the Department.

103.5

The request for a variance shall be filed with the Department and shall include the following:

(a) The requirement(s) of the air quality regulations from which the person seeks the variance;

(b) A description of the exceptional or undue hardship that would result from compliance with the requirement ; and

(c) A description of the act that the person wishes to perform in lieu of the regulatory requirement.

103.6

Except as explicitly provided in the air quality regulations, a variance is granted for the operation of diesel locomotives on common carrier railroads in the District in accordance with the Clean Air Act.

103.7

A variance may be granted for experimental and research activities; provided, that the requirements of §§ 103.1 through 103.5 are otherwise met.

103.8

All requests for variances shall be published in the District of Columbia Register, at least thirty (30) days before the Department rules on the request, in accordance with the following requirements:

(a) The published notice shall briefly set forth the information contained in the applicant 's written request; and

(b) Any person may submit comments on the request within thirty (30) days of the published notice.

103.9

An applicant must submit the fee specified in § 211 of this title, sufficient to cover the reasonable costs of reviewing and acting upon the application a nd the reasonable costs of implementing and enforcing the terms and conditions of the variance approval.

103.10

The Department shall maintain a written record of all variances granted and denied. The record shall include all bases for the grant or denial, and shall be available for public inspection.

103.11

Each variance may be granted for up to five (5) years, but not to exceed the time necessary to avoid the undue hardship, and may be renewed in accordance with the following:

(a) A renewal may be granted only if the Department finds that the intent and purpose of the air quality regulations are not impaired;

(b) A renewal may be granted only upon application, which shall be made at least ninety (90) days prior to the expiration of the variance; and

(c) All of the requirements of this section shall apply in cases of renewal.

103.12

Nothing in this section shall be construed to permit any operation in violation of the air quality regulations during the pendency of a request for a variance.

103.13

Nothing in this section, and no variance or renewal granted pursuant to this section, shall be construed to prevent or limit the application of the emergency provisions and procedures of § 401 of this title to any person or his or her property.

D.C. Mun. Regs. r. 20-103

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §103, 32 DCR 562, 568 (February 1, 1985); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)