NRS 445B.400: Conditions and criteria for granting variance; power to revoke.

1. The owner or operator of a source of air contaminant or a person who desires to establish such a source may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:

(a) The emissions occurring or proposed do not endanger or tend to endanger human health or safety; and

(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the public.

2. A variance shall not be granted unless the Commission has considered the relative interests of first, the public; second, other owners of property likely to be affected by the emissions; and last, the applicant.

3. The Commission may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.