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



(b)  Each application for a variance shall be
reviewed in light of the descriptions, statements, plans, histories, and other
supporting information submitted with the application, such additional
information as may be submitted upon the request of the department, and the
effect or probable effect upon the air quality standards established pursuant
to this chapter.



(c)  Whenever an application for a variance is
approved, the department shall issue a variance authorizing the emission or
discharge of an air pollutant in excess of applicable standards.  No variance
shall be granted by the department unless the application and the supporting
information clearly show that:



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



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



(3)  Compliance with the applicable standards
or rules from which a variance is sought would produce serious hardship without
equal or greater benefits to the public.



(d)  Any variance or renewal thereof shall be
granted within the requirements of this section and for time periods and under
conditions consistent with the reasons therefor, and within the following
limitations:



(1)  If the variance is granted on the ground
that there is no practicable means known or available for the adequate
prevention, control, or abatement of the air pollution involved, it shall be
only until the necessary means for prevention, control, or abatement becomes
practicable and subject to the taking of any substitute or alternate measures
that the department may prescribe.  No renewal of a variance granted under this
subsection shall be allowed without a thorough review of known and available
means of preventing, controlling, or abating the air pollution involved;



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



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



(e)  Any variance granted pursuant to this
section may be renewed from time to time on terms and conditions and for
periods not exceeding five years which would be appropriate on initial granting
of a variance; provided that the applicant for renewal has met all of the
conditions specified in the immediately preceding variance; and provided
further that the renewal, and the variance issued in pursuance thereof, shall
provide for emission or discharge not greater than that attained pursuant to
the terms of the immediately preceding variance at its expiration.  No renewal
shall be granted except on application therefor.  Any such application shall be
made 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 eighty
days of the receipt of such application.



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



(g)  No variance shall be construed to prevent
or limit the application of any emergency provisions and procedures provided by
law.



(h)  Any application for a variance shall be
subject to the public participation requirements of section 342B-13.  The
contents of the public notice on the variance application for a variance shall
include at least:



(1)  The name and address of the applicant;



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



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



(4)  A brief description of the public participation
procedures, including the comment period and other means by which interested
persons may comment on the variance application and the department’s proposed
action; and



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