(a) The Commissioner may authorized a variance from otherwise applicable emission limitations, under conditions and in such manner as he considers necessary and desirable; provided, however that such variances are permitted under conditions and in a manner which is not less stringent than the conditions under and the manner in which variances may be granted under the federal act. Any such variance shall not excuse compliance with any Title V permit term or condition. A variance from a federal condition must be processed as a Title V permit revision. The Commissioner may not authorize a variance which concerns a Federal Clean Air Act requirement and SIP requirements.
(b) For the purposes of this section, variance means any mechanism or provision which allows modification to or waiver of generally applicable emission limitation requirements or time deadlines under the Air Pollution Control Act.
(c) Any person who owns or is in control of any plant, building structure, process or equipment may apply to the Commissioner for a variance from rules or regulations governing the quality, nature, duration or extent of emissions of air pollutants. This application shall be accompanied by such information and data as the Commissioner may require. The Commissioner may grant such variance if he finds that:
(1) The emissions occurring or proposed to occur do not constitute a danger to public health or safety; and
(2) Compliance with the rules or regulations from which a variance is sought would produce serious hardship without equal or greater benefits to the public.
(d) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of section 210 of this chapter to any person or his property.