[§342B-14]  Variances.  (a)  Everyapplication for a variance shall be made on forms furnished by the departmentand shall be accompanied by a complete and detailed description of presentconditions, how present conditions do not conform to applicable standards, andsuch other information as the department may by rule prescribe.

(b)  Each application for a variance shall bereviewed in light of the descriptions, statements, plans, histories, and othersupporting information submitted with the application, such additionalinformation as may be submitted upon the request of the department, and theeffect or probable effect upon the air quality standards established pursuantto this chapter.

(c)  Whenever an application for a variance isapproved, the department shall issue a variance authorizing the emission ordischarge of an air pollutant in excess of applicable standards.  No varianceshall be granted by the department unless the application and the supportinginformation clearly show that:

(1)  The continuation of the function oroperation involved in the discharge of air pollution occurring or proposed tooccur by the granting of the variance is in the public interest as determinedin section 342B-27;

(2)  The emission or discharge occurring orproposed to occur does not substantially endanger human health or safety; and

(3)  Compliance with the applicable standardsor rules from which a variance is sought would produce serious hardship withoutequal or greater benefits to the public.

(d)  Any variance or renewal thereof shall begranted within the requirements of this section and for time periods and underconditions consistent with the reasons therefor, and within the followinglimitations:

(1)  If the variance is granted on the groundthat there is no practicable means known or available for the adequateprevention, control, or abatement of the air pollution involved, it shall beonly until the necessary means for prevention, control, or abatement becomespracticable and subject to the taking of any substitute or alternate measuresthat the department may prescribe.  No renewal of a variance granted under thissubsection shall be allowed without a thorough review of known and availablemeans of preventing, controlling, or abating the air pollution involved;

(2)  The director may issue a variance for aperiod not exceeding five years; and

(3)  Every variance granted under this sectionshall include conditions requiring the grantee to perform air or dischargesampling and report the results of such sampling to the department.

(e)  Any variance granted pursuant to thissection may be renewed from time to time on terms and conditions and forperiods not exceeding five years which would be appropriate on initial grantingof a variance; provided that the applicant for renewal has met all of theconditions specified in the immediately preceding variance; and providedfurther that the renewal, and the variance issued in pursuance thereof, shallprovide for emission or discharge not greater than that attained pursuant tothe terms of the immediately preceding variance at its expiration.  No renewalshall be granted except on application therefor.  Any such application shall bemade at least one hundred eighty days prior to the expiration of the variance. The director shall act on an application for renewal within one hundred eightydays of the receipt of such application.

(f)  The director may afford a hearing inaccordance with chapter 91 in relation to an application for the issuance,renewal, or modification of a variance.

(g)  No variance shall be construed to preventor limit the application of any emergency provisions and procedures provided bylaw.

(h)  Any application for a variance shall besubject to the public participation requirements of section 342B-13.  Thecontents of the public notice on the variance application for a variance shallinclude at least:

(1)  The name and address of the applicant;

(2)  A brief description of the applicant’s activitiesor operations which result in the emission, or other activity described in thevariance application;

(3)  A short description of the location of eachemission or discharge indicating whether such emission or discharge is new orexisting;

(4)  A brief description of the public participationprocedures, including the comment period and other means by which interestedpersons may comment on the variance application and the department’s proposedaction; and

(5)  The address and phone number of the state agencyat which interested persons may obtain further information and may inspect acopy of the variance application and supporting and related documents. [L 1992,c 240, pt of §1]