(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 Subpart, grant a variance from one or more specific provisions of this Subpart under the conditions set forth in this section. Variances will only be granted under exceptional or extraordinary circumstances unless subdivision (e) of this section applies.

(b) Every application for a variance must:

(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 public health, safety, or welfare, the environment or natural resources.

(d) Phase-out dates for prohibited perc dry cleaning equipment cannot be extended by a variance.

(e) Owners or operators of perc dry cleaning facilities that are permitted or registered to operate in New York State will be granted a variance, from the new machine requirements of section 232-2.4(b)(1) of this Subpart, to relocate from the facility any used compliant fourth generation perc machines that are less than 10 years old to any stand-alone facility under the same ownership if the facility meets all other applicable requirements and a new or modified air permit or registration is first obtained.