26.11.32.15

.15 Variances.

A. A person who cannot comply with the requirements set forth in Regulations .04—.10 of this chapter because of reasons beyond the person's reasonable control may apply in writing to the Department for a variance. The variance application shall include:

(1) The specific grounds upon which the variance is sought;

(2) The proposed date or dates by which compliance with the provisions of Regulations .04—.10 of this chapter will be achieved; and

(3) A plan reasonably detailing the method or methods by which compliance will be achieved.

B. Action on an Application for a Variance.

(1) A variance may not be granted unless the Department determines that:

(a) Due to reasons beyond the reasonable control of the applicant, requiring compliance with Regulations .04—.10 of this chapter would result in undue economic hardship;

(b) The public interest in mitigating the applicant's undue economic hardship by granting the variance outweighs the public interest in avoiding increased emissions of air contaminants that may result from issuing the variance; and

(c) The plan proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.

(2) If the Department determines that a variance may be granted, it shall prepare an order that contains the following:

(a) A final compliance date by which the requirements of Regulations .04—.10 of this chapter will be achieved;

(b) A condition that specifies increments of progress necessary to ensure timely compliance; and

(c) Other conditions that the Department deems necessary.

(3) Before the order is issued, a public hearing will be held to allow an opportunity for comment on the order.

(4) If issued, the order shall be submitted to the EPA for inclusion in the approved State Implementation Plan.

C. Failure to Comply. If a person subject to an order fails to comply fully with the terms and conditions of the order, it will be withdrawn, and the standards in Regulation .04B of this chapter shall apply.