§ 2310. Alternative Requirements or Exemptions.

(a) Petitions for Alternative Requirements or Exemptions.

(1) Any person subject to these regulations may submit a petition to the Division Chief for alternative requirements or exemptions to the requirements of Article 5.

(2) All petitions for alternative requirements or exemptions must be submitted in writing. A petition may be in any form, but it must contain all data and information necessary to evaluate its merits.

(b) Review and Response to Petitions.

(1) Upon receipt, the Division shall review a petition for an alternative to or an exemption from any provision of this Article 5 to ensure that it contains all necessary information to support the petition.

(2) If the Division Chief determines that the proposed alternatives to or exemptions from the requirements of Article 5 will ensure an equivalent or greater level of protection of the public health and safety and the environment, he or she shall notify the petitioner that the petition is complete and proceed under the provisions of subsection (c)(3) of this section for approval of the petition.

(3) If the Division Chief determines that the proposed alternatives to or exemptions from the requirements of Article 5 will not ensure an equivalent or greater level of protection of the public health and safety and the environment, he or she shall notify the petitioner, in writing, giving specific reasons for such determination.

(4) In all cases, whether a petition is approved or not, the Division Chief shall respond in writing to the petitioner within 30 working days of receipt of a completed petition.

(5) A petitioner who is in receipt of written notification from the Division Chief under subsection (b)(3) of this section shall not be precluded from resubmitting petition for alternatives to or exemptions from similar provisions of this Article 5.

(c) Approval of Alternative Requirements or Exemptions.

(1) Any person subject to these regulations may depart from the requirements of Article 5 if the Division Chief finds that the person subject to these regulations can and will comply with alternative measures which will ensure an equivalent or greater level of protection of the public health and safety and the environment were the person to comply with the provisions of Article 5.

(2) Any person subject to these regulations may be exempt from one or more of the requirements of Article 5 if the Division Chief finds that compliance with a requirement or requirements cannot be achieved at that terminal because of unusual circumstances or conditions at that terminal because of unusual circumstances or conditions at that terminal or because materials or personnel needed for compliance are unavailable.

(3) If the Division Chief approves an alternative requirement or an exemption under this section, a letter of approval shall be issued to the petitioner setting forth the findings upon which the approval is based, and a copy of that letter shall be maintained at all times at the terminal with the terminal's operations manual required under Section 2385.

(4)(A) The Division Chief may withdraw the letter of approval of an alternative requirement at any time if he or she finds that the person or persons subject to these regulations have not regularly and consistently complied with the approved alternative requirement.

(B) The Division Chief may withdraw the letter of approval of an exemption at any time if he or she determines that compliance with the requirement or requirements of Article 5 can be achieved.

(C) Withdrawal of a letter of approval under this section shall be effective upon the receipt by the petitioner of written notification of the withdrawal.

HISTORY

1. New section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).

2. Amendment of section and Note filed 3-9-99; operative 4-8-99 (Register 99, No. 11).

Note

Note: Authority cited: Sections 8751, 8755, 8756 and 8758, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756 and 8758, Public Resources Code; and Sections 15375, 15376 and 15378, Government Code.