Section 180.301  Criteria for Reviewing Applications

a)         Applications for provisional variances will be accepted for review when all of the following circumstances exist:

1)         The requested relief is short-term, i.e., not exceeding 45 days;

2)         The applicant would experience arbitrary and unreasonable hardship if required to wait for a variance pursuant to Section 35(a) of the Act; and

3)         The applicant has not been granted provisional variances exceeding 90 days within the calendar year.  For purposes of calculating the 90 days during any calendar year, the number of days of provisional variances granted by the Board shall be totalled, regardless of when compliance was actually achieved by the applicant.

b)         In determining whether to recommend that the variance be granted, the Agency will evaluate the information provided in the application to meet the requirements of Section 180.202(b) or 180.204.  Particular consideration will be given to the following information:

1)         Inclusion of a definite compliance program;

2)         Evaluation of all reasonable alternatives for compliance; and

3)         Demonstration that any adverse impacts will be minimal.