1. (1) The department may, upon written request from any person subject to this Part, grant a variance from one or more specific provisions of this Part. An application for a variance must:

   1. (i) identify the specific provisions of this Part from which a variance is sought;
   2. (ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation, tend to impose a substantial economic, technological or safety burden on the person; and
   3. (iii) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, welfare or the environment and will be consistent with the provisions of the ECL and the performance expected from application of this Part.
2. (2) The department may not grant any variance which would result in regulatory controls less stringent than those set forth in 40 CFR Parts 280 and 281 (see section 598-1.16 of this Subpart).

3. (3) In granting any variance, the department may impose specific conditions necessary to assure that the activity will have no significant adverse impact on the public health, safety, welfare or the environment.

   (b) Use of equivalent technology.

   Where specified in this Part, the department may approve the use of an equivalent technology, method, or practice by any person subject to this Part. A request to use equivalent technology must:

4. (1) identify the applicable provision of this Part; and
5. (2) include documentation, including but not limited to data, plans, specifications and test results that demonstrate that the technology, method or practice desired to be used will protect the public health, safety and welfare and the environment in a manner which equals or exceeds the requirements of the applicable provision of this Part.

(a) Variances.