|(a) The executive director may grant an individual variance
(1) a generator to store used oil filters in a greater aggregate
volume than the volume prescribed in §328.24(b) of this title (relating
to Registration and Reporting); or
(2) a person to store used oil filters for a period longer
than the period prescribed for that person in §328.26 of this title (relating
to Limitations on Storage).
(b) Factors to be considered in determining whether a variance
should be granted include but are not limited to, the risk to human health
and the environment that is posed by the requested variance. The burden of
justifying the need for a variance is on the requestor, and the requestor
must submit the information in writing to clearly indicate the issues involved,
the reason(s) for the request, and both positive and negative impacts that
may result from the granting of the variance. Prior approval of the variance
must be obtained before any change is authorized. If a variance is denied,
the executive director will provide an explanation of the reason(s) for the
denial in a written response to the requestor.
(c) The executive director may not grant a variance under this
section for a period longer than two years.