1. (1) Variance from these regulations may be granted by the Board as provided by law (See Section 19-2-113) unless prohibited by the Clean Air Act:

   1. (a) to permit operation of an air pollution source for the time period involved in installing or constructing air pollution control equipment in accordance with a compliance schedule negotiated by the director and approved by the Board.
   2. (b) to permit operation of an air pollution source where there is no practicable means known or available for adequate prevention, abatement or control of the air pollutants involved. Such a variance shall be only until the necessary means for prevention, abatement or control becomes known and available, subject to the use of substitute or alternate measures the Board may prescribe.
   3. (c) to permit operation of an air pollution source where the control measures, because of their extent or cost, must be spread over a considerable period of time.
2. (2) Variance requests, as set forth in Section 19-2-113, may be submitted by the owner or operator who is in control of any plant, building, structure, establishment, process or equipment.

KEY: air pollution, confidentiality of information, variances

Date of Last Change: December 15, 2015

Notice of Continuation: December 7, 2022

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-113