Current through Register Vol. 54, No. 25, June 22, 2024
Section 245.404 - VariancesWhen unique or peculiar circumstances make compliance with this subchapter technically impractical, infeasible or unsafe, the Department may, upon written application from the owner of a storage tank system subject to this subchapter, grant a variance from one or more specific provisions of this subchapter:
(1) A variance may only be granted when the storage tank system meets alternative technical standards that fully protect human health and the environment.(2) A written application for a variance shall be submitted to the Department and provide the following information:(i) The facility name and identification number for which the variance is sought.(ii) The specific sections of this subchapter from which a variance is sought.(iii) The unique or peculiar conditions which make compliance with the sections identified in subparagraph (ii) technically impractical, infeasible or unsafe.(iv) Evidence, including plans, specifications and test results, which supports an alternative design, practice, schedule or method as being no less protective of human health and the environment than the requirements of the sections identified in subparagraph (ii).(3) New technologies may be granted a variance. New technologies shall be reviewed and documented by a professional engineer and documentation provided to the Department with the variance request.(4) When granting the variance, the Department may impose specific conditions necessary to ensure the adequate protection of human health and the environment.(5) The Department will provide to the applicant a written notice of approval, approval with additional conditions or denial. Granted variances will be published in the Pennsylvania Bulletin.(6) The Department may not grant any variance which would result in regulatory controls less stringent than other applicable Federal or State regulations, such as 37 Pa. Code Chapter 11 (relating to flammable and combustible liquids; preliminary provisions) and 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)).The provisions of this § 245.404 amended November 9, 2007, effective 11/10/2007, 37 Pa.B. 5979; amended December 21, 2018, effective 12/22/2018, 48 Pa.B. 7875. This section cited in 25 Pa. Code § 245.435 (relating to reporting and recordkeeping).