Section 20-758. PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE

 

758.1Portable fuel containers, spouts, or combination portable fuel containers and spouts, which have been granted a variance by CARB, shall be exempt from the requirements in § 752 for the period of time that the CARB variance remains in effect.

 

758.2Any manufacturer claiming such a variance on this basis must submit to the Department a copy of the CARB variance decision (such as, the Executive Order), including all conditions established by CARB as applicable to the variance.

 

758.3Any person or manufacturer who cannot comply with the requirements set forth in § 752, due to extraordinary reasons beyond the person’s reasonable control, may apply in writing to the Department for a variance. The variance application shall include the following information:

 

(a)The specific grounds upon which the variance is sought;

 

(b)The proposed dates by which compliance with the provisions of § 752 will be achieved; and

 

(c) A compliance report detailing the methods by which compliance will be achieved.

 

758.4No variance shall be granted by the Department unless all of the following findings are made:

 

(a) Due to circumstances beyond the reasonable control of the applicant, required compliance with § 752 would result in extraordinary economic hardship;

 

(b) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and

 

(c) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.

 

758.5 Any approval of a variance by the Department shall specify a final compliance date wherein compliance with the requirements of § 752 will be achieved. Any approval of a variance shall contain a condition that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of this regulation.

 

758.6 A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.

 

758.7 Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from requirements of § 752 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.).

 

authority

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

source

Notice of Final Rulemaking published at 58 DCR 11286, 11371 (December 30, 2011).