NR 415.09(3)(a) (a) The department may grant a variance under this paragraph and set an alternate emission limitation under the criteria and procedures outlined in s. NR 436.05 (2) and (3) if compliance with the emission limitation is shown to be technologically or economically infeasible.

NR 415.09(3)(b) (b) The department shall grant a variance under this paragraph and set an alternate emission limitation if the following criteria are met:

NR 415.09(3)(b)1. 1. The variance will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department.

NR 415.09(3)(b)2. 2. The applicable particulate emission limitation for the air contaminant source for which a variance is requested was promulgated on or before October 1, 1987.

NR 415.09(3)(b)3. 3. The request for variance includes the report of a test conducted according to the methods and procedures of s. NR 439.07, for the air contaminant source for which the variance is requested, which demonstrates noncompliance with the applicable particulate emission limitation.

NR 415.09(3)(b)4. 4. The air contaminant source for which a variance is requested is not reasonably capable of complying with the applicable emission limitation except by means of the installation and operation of an electrostatic precipitator, fabric filter baghouse or wet scrubber for particulates or the source is equipped with such a control device and demonstrates to the department’s satisfaction that compliance is still not achievable.

NR 415.09(3)(c) (c) The department may revoke or modify any variance granted under this subsection in accordance with the provisions of s. NR 436.05 (4).

NR 415.09 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; am. (1) (intro.) and (c), renum. (2) to be (3) and am. (intro.), cr. (2), Register, April, 1989, No. 400, eff. 5-1-89; am. (1) (intro.), (3) (intro.), r. (1) (a) to (e)., Register, December, 1995, No. 480, eff. 1-1-96.