§ 130.606. Application for variance.
(a) A person who cannot comply with § 130.603(a) (relating to standards) may apply in writing to the Department for a variance. The variance application shall set forth:
(1) The specific grounds upon which the variance is sought.
(2) The proposed date by which compliance with § 130.603(a) will be achieved.
(3) A compliance report detailing the methods by which compliance will be achieved.
(b) No later than 90 days after receipt of a complete variance application containing the information required in this section, the Department will hold a public hearing in accordance with § 130.610 (relating to public hearings) to determine the following:
(1) Whether a variance from the requirements in § 130.603(a) is necessary.
(2) Under what conditions a variance from the requirements in § 130.603(a) is necessary.
(3) To what extent a variance from the requirements in § 130.603(a) is necessary.
(c) The Department will not grant a variance unless the applicant demonstrates in writing the following to the Department’s satisfaction that:
(1) It is technologically infeasible for the applicant to comply with the requirements of § 130.603(a).
(2) The public interest in issuing the variance would outweigh the public interest in avoiding increased emissions of air contaminants that would result from issuing the variance.
(3) The compliance program proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
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