(1)No
person shall operate any of the following sources without first obtaining a
renewable operating permit from the division for such source in a manner
consistent with the requirements of this article and the federal act:
(c)Any source required to comply with standards of performance for new
stationary sources under section 111 of the federal act, unless otherwise exempted
from permitting requirements pursuant to federal rules adopted in accordance with
section 502 of the federal act;
(d)Any source subject to emission standards or regulations for hazardous air
pollutants under section 112 of the federal act, unless otherwise exempted from
federal permitting requirements pursuant to federal rules adopted in accordance
with se
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(1) No
person shall operate any of the following sources without first obtaining a
renewable operating permit from the division for such source in a manner
consistent with the requirements of this article and the federal act:
(a) Any affected source;
(b) Any major source;
(c) Any source required to comply with standards of performance for new
stationary sources under section 111 of the federal act, unless otherwise exempted
from permitting requirements pursuant to federal rules adopted in accordance with
section 502 of the federal act;
(d) Any source subject to emission standards or regulations for hazardous air
pollutants under section 112 of the federal act, unless otherwise exempted from
federal permitting requirements pursuant to federal rules adopted in accordance
with section 502 of the federal act;
(e) Any source required to have a permit pursuant to part 2 (prevention of
significant deterioration program) or part 3 (attainment program) of this article, or
Part C (prevention of significant deterioration of air quality) or Part D (plan
requirements for nonattainment area) of subchapter I of the federal act;
(f) Any other source designated under federal law as requiring an operating
permit.
(2) For those sources located in the state and participating in the federal
early reductions program as specified in section 112 (i)(5) of the federal act, or the
United States environmental protection agency's 33/50 program, or the state early
reductions program as set forth in subsection (3) of this section, or any of such
programs, the commission and division shall establish a system to credit emission
permit fees to be established pursuant to sections 25-7-114.6 and 25-7-114.7 and to
be assessed against such sources at a ratio of at least two-for-one for every ton of
emissions reduced pursuant to the federal early reductions program, the United
States environmental protection agency's 33/50 program, or the state early
reductions program. A participating source shall be offered a one-time permit fee
credit of two tons for each corresponding ton of its reduced emissions that are
verified by the division. The permit fee credit shall be available in the year following
the year in which the early reduction in emissions is achieved.
(3) The commission shall adopt the federal early reductions program
specified in section 112 (i)(5) of the federal act and promulgate a state early
reductions program which shall include the following elements:
(a) The state early reductions program shall be consistent with the federal
early reductions program; and
(b) A six-year extension of compliance for existing sources with emission
standards promulgated pursuant to section 112 (d) of the federal act if the source
has achieved an emission reduction of ninety percent or more of hazardous air
pollutants (ninety-five percent or more for hazardous air pollutants which are
particulates); and
(c) If a source is granted a compliance extension, an alternative limitation to
be established by permit to ensure continued achievement of the emission
reduction; and
(d) Sources subject to and in compliance with an enforceable commitment
under the federal and state early reductions programs shall be considered in
compliance with all state regulations and requirements for hazardous air pollutants
for the period of such commitment.
(4) For affected sources under Title V of the federal act:
(a) Operating permits and requirements for permit applications, compliance
plans, and monitoring and reporting requirements shall be consistent with the
provisions of Title IV as well as Title V of the federal act;
(b) In order to ensure reliability of electric power, nothing in the
requirements pertaining to renewable operating permits required by this article
shall be construed as requiring termination of operations of an electric utility steam
generating unit for failure to have an approved permit or compliance plan;
(c) Nothing in this article shall be construed as affecting SO2 allowances
given to sources affected under Title IV of the federal act.