Vermont § 561 - Variances

§ 561. Variances

• (a) A person who owns or is in control of any plant, building, structure, process, or
  equipment may apply to the Secretary for a variance from the rules adopted under this
  chapter. The Secretary may grant a variance if the Secretary finds that: (1) the emissions occurring or proposed to occur do not endanger or tend to endanger human
  health or safety; and (2) compliance with the rules from which variance is sought would produce serious hardship
  without equal or greater benefits to the public. (b) No variance shall be granted pursuant to this section except after public notice and
  an opportunity for a public meeting and until the Secretary has considered the relative
  interests of the applicant, other owners of property likely to be affected by the
  discharges, and the general public. (c) Any variance or renewal thereof shall be granted within the requirements of subsection
  (a) of this section and for time periods and under conditions consistent with the
  reasons therefore, and within the following limitations: (1) If the variance is granted on the ground that there is no practicable means known
  or available for the adequate prevention, abatement, or control of the air pollution
  involved, it shall be only until the necessary practicable means for prevention, abatement,
  or control become known and available, and subject to the taking of any substitute
  or alternate measures that the Secretary may prescribe. (2) If the variance is granted on the ground that compliance with the particular requirement
  or requirements from which variance is sought will necessitate the taking of measures
  that, because of their extent or cost, must be spread over a considerable period of
  time, it shall be for a period not to exceed such reasonable time as, in the view
  of the Secretary is requisite for the taking of the necessary measures. A variance
  granted on the ground specified herein shall contain a time schedule for the taking
  of action in an expeditious manner and shall be conditioned on adherence to the time
  schedule. (3) If the variance is granted on the ground that it is justified to relieve or prevent
  hardship of a kind other than that provided for in subdivisions (1) and (2) of this
  subsection, it shall be for not more than one year, except that a variance granted
  from the rules of the Secretary pertaining to stage II vapor recovery controls at
  gasoline dispensing facilities shall be for a period that extends until January 1,
  2013. (d) Any variance granted pursuant to this section may be renewed on terms and conditions
  and for periods that would be appropriate on initial granting of a variance. If complaint
  is made to the Secretary on account of the variance, no renewal thereof shall be granted,
  unless following public notice and an opportunity for a public meeting on the complaint,
  the Secretary finds that renewal is justified. No renewal shall be granted except
  on application therefore. The application shall be made at least 60 days prior to
  the expiration of the variance. Immediately upon receipt of an application for renewal,
  the Secretary shall give public notice of the application. (e) A variance or renewal shall not be a right of the applicant or holder thereof but
  shall be in the discretion of the Secretary. (f) Nothing in this section and no variance or renewal granted pursuant hereto shall be
  construed to prevent or limit the application of the emergency provisions and procedures
  of section 560 of this chapter to any person or the person’s property. (g) On application from a person who is subject to an increased air emission fee caused
  by amendments to the provisions of 3 V.S.A. § 2822(j), (k), and (l), the Secretary may grant an amendment in fee amount. A fee amendment
  under this subsection may be granted only if the applicant establishes that payment
  of fees would produce serious hardship. Fee amendments granted under this subsection
  shall not be subject to the findings required for the issuance of a variance under
  subsection (a) of this section, but fee amendments shall otherwise be subject to the
  provisions of this chapter regarding variances. (Added 1967, No. 310 (Adj. Sess.), § 11; amended 1971, No. 212 (Adj. Sess.), § 3; 1993, No. 92,§§ 5, 19; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 13, eff. Jan. 31, 2005; 2005, No. 26, § 4; 2009, No. 22, § 9(c).)