Section 096-106-8 - Emergency VarianceIf, during periods of energy crisis or equipment outage or natural disasters, an oil supplier is unable to supply conforming fuel, that supplier may apply to the Commissioner of the Department of Environmental Protection for a temporary variance subject to EPA approval. The Commissioner may, without hearing, issue that variance for the supplier and his regular users for a period not to exceed 60 days if the application, in his judgment, meets the criteria of the applicable statutory variance requirements and that such emergency action is necessary to avoid an immediate threat to public health, safety or general welfare. Such temporary variance cannot be renewed.
A. Any oil supplier requesting an emergency variance under this Section shall submit the request in writing to the commissioner.B. The written request must provide the following: (1) the name, location and relevant contact information sufficient for the Department to make immediate electronic or telephonic contact with owner or operator of the supplier requesting the variance;(2) information sufficient to demonstrate: (a) that an emergency event has occurred;(b) the duration and nature of the emergency event;(c) such other circumstances as the Commissioner deems relevant to the request; and(d) the authenticity and relevance of other information submitted by the applicant in support of its request.C. The Commissioner may request additional information from the applicant if necessary to review the request for a temporary variance.D. If in the judgment of the Commissioner the evidence submitted demonstrates that an emergency variance is justified, the Commissioner will issue an order granting the temporary variance. A decision of the Commissioner under this subsection is final agency action.06- 096 C.M.R. ch. 106, § 8