(1) The commission, upon application by the owner or operator of a stationary or mobile source or as provided in section 25-7-110 (2), may revise the state implementation plan or any regulation or standard that is not part of the state implementation plan pursuant to this section if it determines that:
Control techniques are not available, compliance with applicable emission controlregulations would cause an unreasonable economic burden, compliance with applicable emission control regulations through new or improved technology is economically and technologically beneficial, or compliance with applicable emission control regulations would result in an arbitrary and unreasonable taking of property;
The adoption of such revision would be consistent with, and aid in, implementing thelegislative policy set forth in section 25-7-102; and
In any event, adoption of such revision would be consistent with the requirements ofsection 110 of the federal act.
(2) Any revision of the state implementation plan or of a regulation or standard which is not part of the state implementation plan pursuant to the provisions of subsection (1) of this section may be adopted for such period of time as shall be specified by the commission.
Source: L. 79: Entire article R&RE, p. 1040, § 1, effective June 20. L. 84: IP(1) and (2) amended, p. 772, § 8, effective July 1. L. 98: IP(1) and (1)(a) amended, p. 1014, § 1, effective August 5.