(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.