Any person who owns or is in control of any source for which an air emission license was granted and construction was commenced prior to January 6, 1975, or a source other than a new or modified major stationary source for which an air emission license is granted after January 6, 1975, may apply to the department for a variance from ambient air quality standards or emission standards promulgated under this chapter. The application must be accompanied by such information and data as the department may reasonably require. The department may grant the variance if it finds that:

1. 1. No danger to human health or safety The emissions occurring or proposed to occur do not endanger human health or safety;

   [PL 1979, c. 381, §9 (AMD).]

2. 2. Compliance to produce hardship Compliance with the rules or regulations from which variance is sought would produce serious hardships; and

   [PL 1979, c. 381, §9 (AMD).]

3. 3. Violation The variance will not cause or contribute to a violation of the applicable ambient air increment.

   [PL 1983, c. 566, §41 (AMD).]

PL 1969, c. 474, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1973, c. 682 (AMD). PL 1975, c. 282, §3 (AMD). PL 1977, c. 300, §42 (AMD). PL 1979, c. 381, §§8-11 (AMD). PL 1983, c. 566, §41 (AMD). PL 1989, c. 878, §A115 (AMD). PL 1989, c. 890, §§A40,B161, 162 (AMD).