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Subdivision I. General Provisions
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[Ord. No. 2002.112, § 4-101, 11-6-2002]
(a)
This article shall apply to the owner of any new, modified, or existing
stationary source, area source, or process which emits a regulated
toxic air pollutant into the ambient air and for which stationary
source or process:
(1)
Is classified as a minor source under 06 096 CMR 115 and requires
a license to operate issued under that chapter;
(2)
Is classified as a major source under 06 096 CMR 140 and requires
a license to operate issued under that chapter and/or under Title
V of the Clean Air Act; or
(3)
For purposes of establishing an inventory of emissions of regulated
air toxics in Biddeford by stationary and area sources, emits any
regulated air toxic into the ambient air in excess of the facility
threshold limits established in Table I of this article.
(b)
Any stationary source, area source, or process which meets the criteria
of (a), above, shall be exempt from the permit requirements of this
division for a particular regulated toxic air pollutant where the
emissions of such pollutant are or result from any of the following
sources or activities:
(1)
A mobile source;
(2)
A normal agricultural operation;
(3)
The application of a pesticide regulated pursuant to 7 M.R.S.A.
§ 606 et seq.
(5)
A gasoline dispensing or storage facility or cargo truck as
regulated pursuant to 06 096 (Code of Maine Regulations) 118;
(6)
Photographic process equipment by which an image is reproduced
upon material sensitized to radiant energy;
(7)
Activities such as copying and duplication activities performed
in an office, and use of typewriters, printers, blueprinting and pens;
(8)
Interior maintenance activities, such as janitorial cleaning
and the use of cleaning products and air freshener, other than cleaning
of any process equipment or devices and except as allowed under Subsection
(b)(18) below;
(9)
The use of bathroom and locker room ventilation;
(10)
The activities of maintenance, including welding, gluing, painting
of process equipment and soldering, but excluding VOC degreasing operations;
(11)
First aid or medical care provided at the facility, including
related activities such as sterilization and medicine preparation;
(12)
Laundry operations, other than dry-cleaning, to service uniforms
or clothing used at the facility;
(13)
Architectural maintenance activities conducted to take care
of the buildings and structures at the facility, including repainting,
resurfacing, roofing and sandblasting;
(14)
Exterior maintenance and repair activities conducted to take
care of the grounds of the facility, including lawn care;
(15)
Food preparation, including barbecuing for service facility
cafeterias and dining rooms, but excluding such activities which are
connected to preparation of packaged food for off-site consumption;
(16)
The use of portable space heaters which can be carried and relocated
by an employee;
(17)
(Reserved)
(18)
The venting of particulate emissions from processes equipped
with removal equipment and which are vented inside the building;
(19)
The use of laboratory ventilation hoods and exhaust systems
for educational and research and development activities, excluding
hoods used for any production processes, unless otherwise regulated
under Section 112 of the Clean Air Act;
(20)
The use of laboratory ventilation hoods and exhaust systems
used by hospitals and medical care facilities used for medical purposes;
(21)
The use of consumer products in a manner consistent with how
the general public would use the product;
(22)
The use of fire control equipment, including maintenance and
employee training.
[Ord. No. 2002.112, § 4-102, 11-6-2002]
(a)
All new, existing and modified devices or processes subject to this
division shall comply with the requirements of this division.
(b)
Any owner of a stationary source or process subject to this division
shall obtain Biddeford air toxics permit. The permit shall cover only
the devices, processes, and emissions which are subject to regulation
under this division.
(c)
Notwithstanding any other provision of Section 34-242, no permit shall be required for a device or process for which the sum of all uncontrolled regulated emissions is less than the facility threshold limits set forth in Table I for the applicable regulated air toxic pollutant(s);
(d)
Notwithstanding any other provision of Section 34-242, no permit shall be required for a device or process for which the owner or facility operator is required to report emissions of regulated air toxics for the purpose of establishing an inventory of all stationary and/or area sources of air toxics in Biddeford.
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Subdivision II. Application and Notification Procedures
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[Ord. No. 2002.112, § 4-201, 11-6-2002]
(a)
A stationary source or process which has not begun construction within the City of Biddeford prior to the effective date of this article shall be deemed to be a new source or process when submitting an application for a permit under this article. The owner of a new stationary source or process requiring a permit under this division shall submit an application for a temporary permit in accordance with the application requirements contained in Section 34-201. The application may be submitted prior to completing and submitting an air toxics compliance determination required under this division.
(b)
The owner of a new stationary source or process which had not commenced
operation prior to the effective date of this article shall not operate
the new stationary source or process until a temporary permit is issued.
(c)
The owner of a new stationary source or process shall receive a Biddeford
air toxics permit to replace the temporary permit upon completion
of air toxics compliance demonstration under this division.
[Ord. No. 2002.112, § 4-202, 11-6-2002]
(a)
A stationary source or process which has begun construction within
the City of Biddeford, or is operating pursuant to a license, permit
or permit application shield, prior to the effective date of this
article shall be deemed to be an existing source or process when submitting
an application for a permit under this article. The owner of an existing
source or process requiring a permit under this division shall submit
to the City no later than six months following the Board's approval
of the permit application forms, an application for a Biddeford Air
Toxics Emissions Permit, including notice to the Board to that the
facility is prepared to undertake an air toxics compliance evaluation.
Upon timely submission of the application, the owner shall operate
the existing device or process under the facility's existing licenses
and permits issued by the Maine Department of Environmental Protection
and U.S. Environmental Protection Agency until such time as the Biddeford
Environmental Board has acted upon the application.
(b)
Upon issuance by the Board of a permit to an existing source which
is unable to demonstrate compliance with all applicable ambient air
limits at the time of issuance, the Board shall include a compliance
plan and schedule for achieving compliance based upon public health,
economic impact and the commercial availability of appropriate controls,
not to exceed three years.
(c)
Notwithstanding any other provision of this article, a source operating
under the terms of a compliance plan and schedule for compliance shall
not be subject to penalties during the period for compliance approved
by the Board for emissions exceeding the established ambient air limits
in Table I. This provision does not preclude the enforcement, including
for penalties, for violations of other terms and conditions of a permit
during the period for compliance, and nothing in this provision is
intended to prevent state and federal enforcement of any emission
standard or limit imposed under applicable state and federal law.
[Ord. No. 2002.112, § 4-203, 11-6-2002]
(a)
The owner of an existing source or process requiring a modification of a permit issued under this division which is not a minor modification, shall submit an application for a permit modification in accordance with Section 34-201.
(b)
The owner shall not begin construction of the modification of the
stationary source or process until a modified or amended permit is
issued.
(c)
The owner of a modified stationary source or process shall receive
an amendment to a Biddeford air toxics permit upon approval of the
modification by the Board.
[Ord. No. 2002.112, § 4-204, 11-6-2002]
The owner of a stationary source or process which operates pursuant
to a permit issued under this article may undertake a minor modification
without approval by the Board as follows:
(1)
The owner shall submit notification of the minor modification to
the ECO no later than five business days following initial operation
of the minor modification and furnish supporting information and documentation
as may be reasonably requested.
(2)
For such minor modifications resulting in the emission of any regulated
air toxic pollutant not previously identified on the facility's permit
above the established facility threshold limit, the owner shall perform
an air compliance demonstration prior to operating the minor modification.
If the modification complies with the ambient air limits established
on Table I the owner may operate the minor modification provided that
written notice to the ECO consistent with the requirements of Paragraph
(1) above. If the modification would result in an excedance of either
of the ambient air limits established in Table I, a permit modification
application shall be submitted to the ECO prior to operating the modification.
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Subdivision III. Air Toxics Compliance Determination
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[Ord. No. 2002.112, § 4-301, 11-6-2002]
(a)
For the purposes of determining actual emissions for compliance with
this division and with the requirements of Division 5 and for inventory
purposes, a stationary source shall determine its actual emissions
using any of the following methods:
(1)
The use of published emission factors including EPA's Compilation
of Air Pollutant Emission Factors, AP-42, as revised.
(2)
The use of mass balance calculations following accepted engineering
principles, or
(3)
The use of published engineering calculations and accepted mathematical
models, or
(4)
The use of emission tests following accepted OSHA and NIOSH
test methods, or
(5)
The use of emission test methods approved by EPA or Maine DEP,
or
(6)
The use of alternative methods approved by the ECO in conjunction
with the operating conditions specified on any permit issued pursuant
to this division; or
(7)
The use of reported test data in conjunction with the operating
conditions specified on any permit issued pursuant to this division,
where such test data was collected through the use of test methods
approved by the ECO.
(b)
The owner or operator may quantify the actual mass emission rate
of any substance:
(1)
For which an emission factor is available,
(2)
Which is likely to be emitted from the stationary source or
process,
(3)
Which is identified on an OSHA compliant Material Data Safety
(MSDS) Sheet for a particular material or product, or
(4)
By other methods approved by the ECO. For purposes of this provision,
an owner or operator shall be entitled to rely upon the information
contained on an OSHA compliant MSDS sheet.
[Ord. No. 2002.112, § 4-302, 11-6-2002]
(a)
In accordance with the MDEP air emission compliance test protocol
and 40 CFR Part 60 or other method approved or required by the ECO,
the facility shall perform emissions testing to demonstrate compliance
with the applicable ambient air limits under circumstances representative
of the facility's process and operating conditions:
(1)
Within 60 calendar days of receipt of a written notification
to test from the ECO, if visible emissions, equipment operating parameters,
ECO inspection, air monitoring or other cause indicate to the ECO
that equipment may be operating out of compliance with ambient air
limits or permit conditions; or
(2)
Pursuant to any other requirement of a permit issued under this
article to perform emissions testing.
(b)
Such testing shall be by qualified persons selected by the regulated
source and all costs associated with such testing shall be borne by
the regulated source. A notice for a regulated source to undertake
an emissions test shall be in writing and shall be accompanied by
a plain statement describing the reasons for the proposed test. Nothing
in this section shall prevent the City from undertaking an emissions
test performed by the City's consultants and at the City's expense
upon prior notice to the regulated facility.
[Ord. No. 2002.112, § 4-303, 11-6-2002]
(a)
The owner of any stationary source or process for which a permit
is required and which emits a regulated toxic air pollutant shall
determine compliance with the ambient air limits by using one of the
following methods:
(b)
Upon request by the ECO or the Board, the owner of any stationary
source or process which emits a regulated toxic air pollutant shall
provide documentation of compliance with the ambient air limits to
the Board.
[Ord. No. 2002.112, § 4-304, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
If air dispersion modeling analysis is selected, the owner shall
conduct air dispersion modeling analysis demonstrating that the concentration
of actual emissions of each regulated toxic air pollutant is below
the corresponding ambient air limit at or beyond the compliance boundary
in accordance with Table I. Any models approved for use by the U.S.
EPA and Maine DEP, or otherwise approved by the ECO shall be used
for demonstrating compliance under this method.
[Ord. No. 2002.112, § 4-305, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
In determining compliance with any permit issued in connection
with this division using the de minimus emissions level method, annual
emissions calculations shall be based on the actual annual emissions
of each regulated pollutant and shall be compared to the annual de
minimus level facility threshold limit appearing on Table I. Hourly
emission calculations shall be based on the actual hourly emissions
averaged over a twenty-four-hour period and shall be compared to the
twenty-four-hour de minimus level.
[Ord. No. 2002.112, § 4-306, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
If the in-stack concentration method is selected, the owner
shall perform a calculation demonstrating that the adjusted in-stack
concentration of each regulated toxic air pollutant, on an actual
emission basis, as determined by the following calculations, is below
the corresponding ambient air limit in Table I, where:
(1)
"X" means:
(2)
"Y" means the emission rate of a regulated toxic air pollutant in
grams per second as determined by dividing X by 7.94, as in the formula
below:
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Y = X/7.94
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(3)
"Z" means the emission rate of a regulated toxic air pollutant in
micrograms per second as determined by multiplying Y by 1,000,000
as in the formula below:
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Z = Y x 1,000,000
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(5)
"B" means the stack volume flow in actual cubic meters per second
as determined by dividing A by 2119, as in the formula below:
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B = A/2119
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(6)
To calculate the in-stack concentration of a regulated toxic air
pollutant in micrograms per cubic meter from a device or process either
emitting from a single stack or from more than one stack, Z shall
be divided by B, as in the formula below:
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IC = Z/B
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(7)
To calculate the adjusted in-stack concentration of a regulated toxic
air pollutant in micrograms per cubic meter from a device or process
either emitting from a single stack or from more than one stack, the
in-stack concentration shall be divided by 100, as in the formula
below:
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Adjusted In-stack Concentration = IC/100
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[Ord. No. 2002.112, § 4-307, 11-6-2002]
(a)
Any person may submit a request to the Board for approval of the
use of a method of determining compliance that is an alternative to
the methods specified in this part.
(b)
Any person making such a request shall submit the following information
to the Board:
(1)
A description of the proposed alternate method and each stationary
source or process to which the proposed alternate method will be applied;
(2)
The identity, location and description of the facility at which
the alternate method is proposed to be used;
(3)
The name, chemical abstracts service (CAS) registry number,
classification and ambient air limits for each regulated toxic air
pollutant emitted from each stationary source or process subject to
this division; and
(4)
Technical data and information demonstrating that the results
of the proposed alternate method are no less precise and accurate
than those of the methods specified in this part.
(c)
Within 60 days of receipt of a request, the Board shall approve the
use of the proposed alternate method and notify the person requesting
approval of the decision provided that:
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Subdivision IV. Classification of Regulated Toxic Air
Pollutants
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[Ord. No. 2002.112, § 4-401, 11-6-2002]
The Board shall classify each regulated toxic air pollutant
as a Class I regulated toxic air pollutant, Class II regulated toxic
air pollutant, or Class III regulated toxic air pollutant, in accordance
with this article.
[Ord. No. 2002.112, § 4-402, 11-6-2002]
The Board shall classify a regulated toxic air pollutant as
a Class I regulated toxic air pollutant if it meets at least one of
the following criteria:
(1)
It is a Class A, Class B1, or Class B2 carcinogen, as described in
51 Federal Register 34,000 (1986);
(2)
It is a Category A1 or A2 carcinogen, as described in Threshold Limit
Values for Chemical Substances and Physical Agents and Biological
Exposure Indices, as published by the American Conference of Governmental
Industrial Hygienists (ACGIH) (2001 Edition);
(3)
It has been demonstrated through at least one study conducted in
accordance with generally accepted scientific principles, that it
is capable of inducing reproductive or developmental effects in experimental
laboratory animals at doses less than or equal to 500 mg/kg; or
[Ord. No. 2002.112, § 4-403, 11-6-2002]
The Board shall classify a regulated toxic air pollutant as
a Class II regulated toxic air pollutant if it does not qualify as
a Class I regulated toxic air pollutant and meets at least one of
the following criteria:
(1)
It is a Class C carcinogen, as described in 51 Federal Register 34,000
(1986);
(2)
It is a Category A3 carcinogen, as described in Threshold Limit Values
for Chemical Substances and Physical Agents and Biological Exposure
Indices, as published by the ACGIH (2001 Edition);
(3)
It has been demonstrated through at least one study conducted in
accordance with generally accepted scientific principles, that it
is capable of inducing reproductive or developmental effects in experimental
laboratory animals at doses greater than 500 mg/kg;
(5)
It has been demonstrated through at least one study conducted in
accordance with generally accepted scientific principles, that it
induces mutagenic effects; or
(6)
It has been demonstrated through at least one study conducted in
accordance with generally accepted scientific principles, that it
produces adverse chronic noncarcinogenic systemic effects.
[Ord. No. 2002.112, § 4-404, 11-6-2002]
The Board shall classify a regulated toxic air pollutant as
a Class III regulated toxic air pollutant if it is any regulated toxic
air pollutant other than a regulated toxic air pollutant classified
as Class I or Class II.
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Subdivision V. Designation of Safety Factors
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[Ord. No. 2002.112, § 4-501, 11-6-2002]
For the purpose of providing adequate protection to sensitive
populations, the Board shall designate a safety factor to each regulated
toxic air pollutant as follows:
[Ord. No. 2002.112, § 4-502, 11-6-2002]
For the purpose of considering that certain chemicals have differing effects over time, the Board shall designate a time adjustment factor according to the characteristics of the regulated toxic air pollutant. The time adjustment factor shall be used to determine the ambient air limit according to Section 34-298.
[Ord. No. 2002.112, § 4-503, 11-6-2002]
The Board shall designate the time adjustment factors according
to the following criteria:
(1)
For regulated toxic air pollutants that have an occupational exposure
limit which is intended to primarily prevent irritation or discomfort,
or for which there are essentially no known cumulative effects resulting
from extended exposures to such pollutants at concentration levels
at or near the occupational exposure limit, the time adjustment factor
shall be 1.0;
(2)
For regulated toxic air pollutants that have an occupational exposure
limit which is intended to prevent acute exposure effects, the time
adjustment factor shall be 2.0;
(3)
For regulated toxic air pollutants that have a ceiling limit value
set as an occupational exposure limit which was not intended to be
exceeded at any time, the time adjustment factor shall be 2.5; and
(4)
For regulated toxic air pollutants that have an occupational exposure
limit which is set either by technological feasibility or commonly
recognized good hygiene practice, or which present cumulative health
hazards and have an occupational exposure limit intended to prevent
excessive accumulation in the body from extended periods of exposure,
or which present both acute and cumulative health hazards, the time
adjustment factor shall be 2.8.
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Subdivision VI. Determination of Ambient Air Limits
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[Ord. No. 2002.112, § 4-601, 11-6-2002]
(a)
Where there is a reference concentration limit established by the
U.S. Environmental Protection Agency for a regulated toxic air pollutant
which causes developmental or reproductive effects, the twenty-four-hour
ambient air limit shall be the reference concentration limit.
[Ord. No. 2002.112, § 4-602, 11-6-2002]
(a)
OEL means the occupational exposure limit for the regulated toxic
air pollutant.
(d)
To calculate the twenty-four-hour ambient air limit for a regulated
toxic air pollutant, occupational exposure limit shall be divided
by the product of the safety factor and the time adjustment factor,
as in the formula below:
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AAL (24 hr.) = OEL/(SF x TAF)
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[Ord. No. 2002.112, § 4-603, 11-6-2002]
(a)
Where there is a reference concentration limit established by the
U.S. Environmental Protection Agency, the annual ambient air limit
shall be the reference concentration limit.
[Ord. No. 2002.112, § 4-604, 11-6-2002]
(a)
"OEL" means the occupational exposure limit for the regulated toxic
air pollutant.
(c)
To calculate the annual ambient air limit for a regulated toxic air
pollutant, the occupational exposure limit shall be divided by the
product of 4.2 and the safety factor, as in the formula below:
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AAL (annual) = OEL/(SF x 4.2)
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[Ord. No. 2002.112, § 4-605, 11-6-2002]
To calculate the twenty-four-hour de minimus emission level
for a regulated toxic air pollutant in pounds per hour, the twenty-four-hour
ambient air limit shall be divided by 10680.8.
[Ord. No. 2002.112, § 4-606, 11-6-2002]
To calculate the annual de minimus emission level for a regulated
toxic air pollutant in pounds per year, the annual ambient air limit
shall be multiplied by 3.281.
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Subdivision VII. The List Naming All Regulated Toxic
Air Pollutants And Other Information
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[Ord. No. 2002.112, § 4-701, 11-6-2002]
The Board shall establish one list containing the following
information:
(1)
The chemical name of each regulated toxic air pollutant;
(2)
The chemical abstracts service number of each regulated toxic air
pollutant;
(3)
The classification for each regulated toxic air pollutant;
(4)
The twenty-four-hour ambient air limit for each regulated toxic air
pollutant;
(5)
The annual ambient air limit for each regulated toxic air pollutant;
(6)
The time adjustment factor for each regulated toxic air pollutant;
(7)
The occupational exposure limit for each regulated toxic air pollutant
where there is one established;
(8)
The facility threshold limit for each regulated toxic air pollutant
in accordance with the limit established by Maine Department of Environmental
Protection pursuant to 06 096 CMR 115 (Appendix B).
(9)
The twenty-four-hour de minimus emission level for each regulated
toxic air pollutant; and
(10)
The annual de minimus emission level for each regulated toxic
air pollutant.
a.
The list known as Table I shall consist of all of the compounds for
which the Maine Department of Environmental Protection has established
a facility threshold limit for hazardous air pollutants pursuant to
38 M.R.S.A. § 590 and 06 096 CMR 115 (Appendix B), as amended,
or their equivalents as listed by ACGIH, and any other substances
and compounds which have been added pursuant to the applicable provisions
of this article. The list shall be appended hereto upon adoption by
the Biddeford Environmental Board.
[Ord. No. 2002.112, § 4-702, 11-6-2002]
The lists naming all regulated toxic air pollutants and other
information as described in Table I[1] shall be adopted by the Board at the first meeting at
which a quorum is present.
[1]
Editor's Note: Table I is included at the end of this chapter.
[Ord. No. 2002.112, § 4-703, 11-6-2002]
The list of regulated pollutants, and any additions, deletions,
or modifications to the list and to any AAL established therein shall
be published by the City annually in the form of as fact sheet and
shall be distributed by the Board to the owner of any stationary source
or process permitted under this article. The list shall also be available
to any person in database form.
[Ord. No. 2002.112, § 4-704, 11-6-2002]
All additions, deletions and modifications to any part of the list shall be made through the petition procedure specified in Section 34-221 of this article.
[Ord. No. 2002.112, § 4-705, 11-6-2002]
(a)
If a person wishes to make an addition, deletion or modification to either list, the person shall petition the Board pursuant to Section 34-221 at any time to add or delete a substance or compound or to modify a parameter for any substance or compound named on the list described in Table I.
(b)
Where data limitations exist which prevent the derivation of an ambient
air limit, a person intending to use a substance or compound named
on the list shall petition the Board in accordance with (c), below.
(c)
Petitions shall be submitted in writing to the Board in accordance with Section 34-221 and shall contain the following information:
(1)
The specification of one or more of the following proposed actions:
a.
Add a substance or compound to the list;
b.
Delete a substance or compound from the list;
c.
Modify the classification of a regulated toxic air pollutant
named on the list;
d.
Modify or add an ambient air limit of a regulated toxic air
pollutant named on the list;
e.
Modify a time adjustment factor of a regulated toxic air pollutant
named on the list;
f.
Modify an occupational exposure limit of a regulated toxic air
pollutant named on the list; or
g.
Modify a de minimus emission level of a regulated toxic air
pollutant named on the list; and
(2)
A statement of the reason(s) with data and documentation which
support the proposed revision to the list based on generally accepted
scientific principles which demonstrate:
a.
For each proposed addition to the list, that the substance or
compound is known to cause or can reasonably be anticipated to cause
in humans as a result of exposure to such substance or compound, any
of the health effects as listed below:
b.
For each proposed deletion from the list, that the substance
or compound cannot reasonably be anticipated to cause in humans as
a result of exposure to such substance or compound, any of the health
effects as listed in Subsection (c)(2)a., above; or
c.
For each modification to the list, that the parameter in question
causes the substance or compound to be:
1.
In the case of a petition for stricter regulatory control of
the substance or compound, known to cause or can reasonably be anticipated
to cause any of the health effects as listed in Paragraph a, above
in humans, as a result of exposure to the regulated toxic air pollutant
at such parameter; or
2.
In the case of a petition for more lenient regulatory control
of a substance or compound, not reasonably anticipated to cause any
of the health effects as listed in Paragraph a, above in humans, as
a result of exposure to the regulated toxic air pollutant at such
parameter.
[Ord. No. 2002.112, § 4-706, 11-6-2002]
The Environmental Board shall grant or deny the petition in accordance with Section 34-221 based on whether the proposed revision ensures the promotion of public health.
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Subdivision VIII. Variance Procedure
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[Ord. No. 2002.112, § 4-801, 11-6-2002]
(a)
Any person who owns or is in control of any stationary source or
process for which a City of Biddeford air toxics emissions permit
was granted may apply to the Board for a variance from any requirement
under this article or under a permit issued pursuant to this article,
except as otherwise provided for the addition, deletion, and modification
of an ambient air limit established under this article. The petition
must be accompanied by such information and data as the Board may
reasonably require. The Board may grant the variance, with or without
conditions, following a hearing, if it finds that:
(1)
Any emission of a regulated air toxic pollutant occurring or
proposing to occur under the variance will not threaten or cause imminent
or serious harm to public health, welfare or safety.
(2)
The enforcement of the requirement(s) for which the variance
is sought would produce serious hardships on the petitioner.
(3)
The variance will not cause or contribute to a violation of
any other applicable provision of state or federal law, or of any
other state or federal permit or license issued to the petitioner,
and any other ordinance of the City of Biddeford.
(b)
In determining under what conditions and to what extent the variance
may be granted, the Board shall give due recognition to the progress
which the person requesting the variance shall have made in reducing
and eliminating the emission of regulated air toxics, the character
and degree of injury to, or interference with, the health and physical
property of the people; and the social and economic value of the source
of the emissions.
(c)
Any variance granted hereunder on the ground that there is no practical
means known or available for the adequate prevention, abatement or
control of the air pollution involved, is to be in effect only until
the necessary means for the prevention, abatement or control become
known and commercially available and subject to the taking of such
reasonable substitute or alternate measures as the Board may prescribe.
(d)
Any variance may be renewed, following a hearing, on terms and conditions
and for periods which would be appropriate on initial granting of
a variance. No variance shall be construed to relieve the petitioner
receiving it from liability imposed by state or federal law or maintenance
of a nuisance.
