What should a facility prove to be granted a variance from Rule 310?

• A. The need for extended hours of operation
• B. That compliance is impractical due to extraordinary circumstances
• C. The desire to reduce operational costs
• D. That the dust emissions are harmless

Answer: (B)

To be granted a variance from Rule 310, a facility must demonstrate that compliance is impractical due to extraordinary circumstances. This is because deviations from established regulations are typically only approved when it can be established that adhering to those rules is not feasible due to specific, exceptional situations that are beyond the control of the facility.

Extraordinary circumstances may include factors such as natural disasters, supply chain disruptions, or economic hardships that significantly affect the operations and ability to meet regulatory standards. This rationale ensures that variances are granted based on legitimate and necessary reasons, rather than simply for convenience or financial motivations, thereby maintaining the integrity of dust control measures intended to protect public health and the environment.

In contrast, proving a need for extended hours of operation, a desire to reduce operational costs, or asserting that dust emissions are harmless does not align with the requirement to show impracticality due to extraordinary circumstances. These reasons do not sufficiently underscore the challenges faced by the facility in complying with the regulation.