N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 232-2.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 232-2.2 - 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 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) applies.

(b) Every application for a variance must:

(1) identify the specific provisions of this Subpart from which a variance is sought;

(2) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the applicant'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 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 Subpart.

(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), 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 232-2.2

Adopted New York State Register February 28, 2018/Volume XL, Issue 09, eff. 3/9/2018