1. (a) Within 15 working days after the public hearing, the department shall issue a written decision on the petition that sets forth the findings on which the decision is based.

2. (b) The department shall grant a variance if the department determines that:

   1. (1) The petitioner has taken reasonable steps to eliminate or prevent air pollution;
   2. (2) Granting a variance would not create a danger to public health, welfare, or safety;
   3. (3) The source of air pollution has social and economic value to the area in which it is located; and
   4. (4) Enforcement of the requirement for which the variance is sought would produce serious economic hardship on the petitioner without equal or greater benefits to the public.
3. (c) The department shall include in the variance any conditions necessary to minimize the threat to or impact on the public health and safety.
4. (d) If the department determines that the petitioner has not met the criteria listed in (b)(1)-(4), the department shall deny the petition.

Source. #8128, eff 7-28-04; ss by #10187, eff 9-25-12 (from Env-A 202.06); ss by #13491, eff 11-19-22