Iowa § 455B.143 Variance

Iowa Statutes

§ 455B.143 — Variance

Iowa § 455B.143

Title XINATURAL RESOURCES

Ch. 455BJURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

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Bluebook

Iowa Code § 455B.143 (2026).

Text

Any person who owns or operates any plant, building, structure, process, or equipment may apply for a variance from the rules or standards adopted by the department by filing an application with the department. The application shall be accompanied by such information and data required by the department.

1.The director shall promptly investigate the application and approve or disapprove the application. The director may grant a variance if the director finds all of the following:

a.The emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety or property.

b.Compliance with the rules or standards from which the variance is sought will produce serious hardship without equal or greater benefits to the public.

2.The applicant may request a review he

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Any person who owns or operates any plant, building, structure, process, or equipment
may apply for a variance from the rules or standards adopted by the department by filing an
application with the department. The application shall be accompanied by such information
and data required by the department.
1. The director shall promptly investigate the application and approve or disapprove the
application. The director may grant a variance if the director finds all of the following:
a. The emissions occurring or proposed to occur do not endanger or tend to endanger
human health or safety or property.
b. Compliance with the rules or standards from which the variance is sought will produce
serious hardship without equal or greater benefits to the public.
2. The applicant may request a review hearing before the department if the application is
denied.
3. In determining under what conditions and to what extent a variance may be granted,
the director shall give due recognition to the progress which the applicant has made
toward eliminating or preventing air pollution. In such a case, the director shall consider
the reasonableness of the request, conditioned upon such applicant effecting a partial
abatement of the particular air pollution within a reasonable period of time, or the director
may prescribe other requirements with which such applicant shall comply.
4. Thedirectormaygrantavarianceforaspecifiedperiodoftime, notexceedingoneyear,
and the director may further specify that the applicant make periodic reports specifying the
progress that has been made toward compliance with any rule for which the variance was
granted. A variance may be extended from year to year by affirmative action of the director.
5. The director shall maintain a record of each variance granted specifying the reasons
for its issuance or extension.