| (a) Prior to proceeding in any manner that differs from the
requirements of this subchapter, the owner or operator of an underground storage
tank (UST) system shall secure written agency approval in the form of a variance
in accordance with this section.
(b) The agency shall have authority to review and approve requests
for variances from the requirements in this subchapter. The agency will approve
such requests only if the owner or operator can demonstrate to appropriate
agency staff that the proposed alternative procedure and/or equipment will
result in an UST system that is no less protective of human health and safety
and the environment than the requirement(s) for which the variance is sought.
(c) An owner or operator may submit a request for a variance
when one or more of the following situations is applicable:
(1) when conformance with a requirement in this subchapter
is considered not practicable due to the type, design, capacity, material
stored, or use of the UST system; or
(2) when new or alternative products, equipment, methods, and/or
procedures appropriate for use with UST systems are not specifically authorized
by the provisions of this subchapter.
(d) Any request to the agency for approval of a variance shall
be made in writing, shall be signed and dated by the owner or operator, and
shall be accompanied by the following additional documentation:
(1) written concurrence by the site or facility owner, if different
from the tank owner;
(2) complete project identification, including:
(A) facility name, location, and UST facility identification
number (if known);
(B) owner's name, address, and telephone number;
(C) name, address, and telephone number of owner's/operator's
authorized representative; and
(D) proposed date for implementation of the alternative procedure
and/or equipment;
(3) sufficient documentation to describe or illustrate the
alternative procedure and/or equipment, such as:
(A) plans, drawings, and detail sheets (drawn to scale);
(B) design and construction specifications; and
(C) equipment manufacturers' specifications, operating instructions,
and warranty information;
(4) documentation and supporting data which demonstrates, to
the satisfaction of agency staff, the reliability and appropriateness of the
proposed procedure and/or equipment, such as:
(A) results of tests or studies conducted by an equipment manufacturer,
independent consultant, or nationally recognized association or independent
testing laboratory; and
(B) results of previous experience involving use of the alternative
procedure and/or equipment;
(5) complete explanation of the reasons why the requested proposed
procedure and/or equipment are considered preferable to the requirement for
which the variance is sought, or why that requirement is considered impracticable;
and
(6) documentation that demonstrates, to the satisfaction of
agency staff, that use of the proposed alternative procedure and/or equipment
will be no less protective of human health and safety and the environment
than adhering to the requirement(s) for which the variance is sought.
(e) If a variance is granted by the agency, the owner or operator
shall maintain complete copies of the variance and supporting documentation
(including the request for approval), in accordance with §334.10(b) of
this title (relating to Reporting and Recordkeeping).
(f) When a variance is sought, the owner and operator must
adhere to the requirement in question until such time as the owner or operator
receives a written variance which allows an alternative procedure and/or equipment
for that requirement.
(g) Once a person has received a written variance from the
agency under this section, that person must adhere to the terms of that variance
as written, or to the terms of the requirement for which the variance was
sought.
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