(a) Any person who owns or who is in control of any plant, building, structure, establishment, process or equipment, may apply to the Agency for a variance from the rules and regulations. The Agency may grant a variance, but only after public hearing on due notice, if it finds that:

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(1) the emissions occurring, or proposed to occur, do not endanger or tend to endanger human health or safety; and

(2) compliance with the rules and regulations from which variance is sought would produce serious hardship without greater benefits to the public.

(b) No variance shall be granted pursuant to this Section until the Agency has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges and the general public.

(c) Any variance or renewal thereof shall be granted within the requirements of Subsection (a) of this Section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

(1) If the variance is granted on the ground that there is not practicable means known or available for the adequate prevention, abatement or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternate measures that the Agency may prescribe.

(2) If the variance is granted on the ground that compliance with the particular requirement from which variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed the reasonable time, as in the view of the Agency, is requisite for the taking of the necessary measures. A variance granted on the ground specified in this Item (2) of Subsection (c) of this Section shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to the timetable.

(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in Items (1) and (2) of this Subsection (c) of § 49110 of this Chapter, it shall be for not more than one (1) year.

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(d) Any variance granted pursuant to this Section may be renewed on terms and conditions and for periods, which would be appropriate on initial granting of a variance. If complaint is made to the Agency on account of the variance, no renewal thereof shall be granted, unless, following public hearing on the complaint on due notice, the Agency finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application must be made at least sixty (60) days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Agency shall give public notice of the application in accordance with rules and regulations of the Agency.

(e) A variance or renewal shall not be a right of the applicant or holder thereof, but shall be in the discretion of the Agency.

(f) 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 § 49113 of this Chapter to any person or property.