(1)If the
division determines that the assertion has been verified, it shall:
(a)Compile a comprehensive inventory of the sources of the pollutants that
are suspected to be causing the impairment;
(b)Subject the development, conduct, and results of the attribution and
apportionment studies to appropriate peer review; and
(c)Perform attribution and apportionment studies to the extent feasible in
order to develop for the division and the commission the identity and relative
contribution of the significant contributors to air quality related value impairment,
including, but not limited to, stationary sources, natural sources, wood smoke,
agriculture, mining, roads, mobile source categories, and other area sources. The
general assembly recognizes that the ability to attribute th
Free access — add to your briefcase to read the full text and ask questions with AI
(1) If the
division determines that the assertion has been verified, it shall:
(a) Compile a comprehensive inventory of the sources of the pollutants that
are suspected to be causing the impairment;
(b) Subject the development, conduct, and results of the attribution and
apportionment studies to appropriate peer review; and
(c) Perform attribution and apportionment studies to the extent feasible in
order to develop for the division and the commission the identity and relative
contribution of the significant contributors to air quality related value impairment,
including, but not limited to, stationary sources, natural sources, wood smoke,
agriculture, mining, roads, mobile source categories, and other area sources. The
general assembly recognizes that the ability to attribute the cause of air pollution
effects and apportion the air pollution effects among sources and source
categories identified by attribution studies is an area of evolving science.
(2) (a) The funding of source attribution and apportionment studies shall be
derived as provided in this subsection (2). Contributions to support the funding of
such studies shall be requested from sources and source categories identified by
the division as potentially contributing to the impairment.
(b) If a potential contribution to impairment is identified from federal lands
or state lands, the division shall request a funding contribution for such studies
from the appropriate federal or state land manager.
(c) If a potential contribution to impairment is identified from stationary
sources or source categories, the division shall request a funding contribution for
such studies from such sources or source categories.
(d) If a potential contribution to impairment is identified from mobile sources,
the division shall seek an appropriation by the general assembly of excess funds in
the AIR account in the highway users tax fund for funding contributions to such
studies.
(e) The division shall annually report to the legislative council on the
adequacy of funding derived pursuant to this subsection (2). If funding derived
pursuant to this subsection (2) is inadequate, the legislative council may
recommend that the general assembly appropriate funds from available sources for
purposes of this section.
(3) Following its review and analysis of the reasonable attribution and source
apportionment studies and the reports thereon from the members of the peer
review panel, the division shall identify those sources and source categories within
the state and region significantly contributing to air quality related value
impairment.
(4) The division shall identify the sources and source categories significantly
contributing to air quality related value impairment that are located outside the
state and report this list to the commission, governor, and general assembly for
their consideration in identifying options for remedying such impacts.
(5) The division shall issue an order to the sources and source categories
significantly contributing to air quality related value impairment located within the
state that have not made a voluntary enforceable commitment under section 25-7-1008.
(6) (a) An order issued pursuant to subsection (5) of this section shall require:
(I) Such sources and source categories to submit a report within a
reasonable period of time;
(II) A stationary source to identify the best available retrofit technology; and
(III) Other sources and source categories to identify reasonably available
control measures.
(b) After considering the responses to an order issued pursuant to
subsection (5) of this section, the division shall issue a public report to the
commission concerning its recommendations on air quality related value
impairment, source attribution, source apportionment, and control strategy options.