(a) Any person or manufacturer who cannot comply with the requirements set forth in Subpart 239-3 of this Part, due to extraordinary reasons beyond the person's reasonable control, may apply in writing to the department for a variance. The variance application must set forth:

1. (1) the specific grounds upon which the variance is sought;
2. (2) the proposed date(s) by which compliance with the provisions of Subpart 239-3 of this Part will be achieved; and
3. (3) a compliance report detailing the method(s) by which compliance will be achieved.

(b) No variance may be granted unless all of the following findings are made:

1. (1) that, due to reasons beyond the reasonable control of the applicant, required compliance with Subpart 239-3 of this Part would result in extraordinary economic hardship;
2. (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and
3. (3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.