VARIANCE REQUEST; CRITERIA FOR DECISION

The regulatory authority shall grant a variance if: A. the variance was requested in the manner prescribed in part 4626.1690 ; B. the variance will have no potential adverse effect on public health, safety, or the environment; C. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed; D. strict compliance with the rule will impose an undue burden on the applicant; E. the variance does not vary a statutory standard or preempt federal law or rule; and F. the variance has only future effect.