6 CRR-NY 232.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 232. PERCHLOROETHYLENE DRY CLEANING FACILITIES
6 CRR-NY 232.3
6 CRR-NY 232.3
232.3 Variances.
(a) Unless otherwise precluded by Federal statute, or subdivision (d) of this section, the department may, upon written application from any person who is subject to this Part, grant a variance from one or more specific provisions of this Part under the a conditions set forth in this section. However, it should be noted that variances will only be granted under exceptional or extraordinary circumstances.
(b) Every application for a variance must:
(1) identify the specific provisions of this Part from which a variance is sought;
(2) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation in contrast to the rest of the industry or any segment thereof, tend to impose an unreasonable economic, technological, or safety burden on the person or the public; and
(3) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, or welfare, the environment or natural resources and will be consistent with the provisions of the Environmental Conservation Law (ECL) and the performance expected from an activity permitted under the provisions of this Part.
(c) In granting any variance under this section, the department may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health, safety, or welfare, the environment or natural resources.
(d) Phase-out dates for dry cleaning equipment cannot be extended by a variance.
6 CRR-NY 232.3
Current through August 31, 2017
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