CSR 45-5-13. Variance

§45-5-13. Variance. 13.1. Due to unavoidable malfunctions of equipment, emissions exceeding those set forth in this rule may be permitted by the Director, upon specific application to the Director, for periods not to exceed ten (10) days. Such application shall be made within twenty-four (24) hours of the malfunction. 13.2. In the case of major equipment failure, an additional time period may be granted by the Director provided a corrective program including a final compliance date is submitted to the Director by the applicant. Upon determination by the Director that a variance beyond ten (10) days should be granted, the Director shall cause to be published in the State Register and within the county wherein the source lies and all contiguous West Virginia counties a Class I legal advertisement of notice that such a variance has been granted. Within fifteen (15) days of the publication of the later of either the State Register notice or Class I legal advertisement notice, any person whose interest may be affected by the granting of such variance may request a conference with the Director to show cause why the variance should be terminated. After such conference or, if no conference is requested, fifteen (15) days after publication of the later of either the State Register notice or Class I legal advertisement notice, the Director may issue an order terminating such variance. If the Director determines that additional time shall not be granted the Director shall provide prompt notice in writing to the applicant of this determination. 13.3. Any person, whose interest may be affected by the granting of a variance in excess of ten (10) days and who requests a conference with the Director pursuant to the provisions of subsection 13.2, may appeal an order of variance to the Air Quality Board in the same manner as appeals of cease and desist orders under the provisions of W. Va. Code §22-5-5. Any person, whose interest may be affected by the termination of a variance or the denial of a variance in excess of ten (10) days, pursuant to the provisions of subsection 13.2, may appeal such action to the Air Quality Board in the same manner as appeals of cease and desist orders under the provisions of W. Va. Code §22-5-5.