456.521—Conditions for granting variance requests.
(a)
Except as described under paragraph (b) of this section, the administrator may grant a variance for a specific remote facility if the agency submits concurrently—
(1)
A request for the variance that documents to his satisfaction that the facility is unable to meet the time requirements for which the variance is requested; and
(b)
The Administrator will not grant a variance if the remote facility is operating under a UR plan waiver that the Secretary has granted or is considering under §§ 456.505 through 456.508.