(1)The division may convene, at any
appropriate time, an informal voluntary negotiation process, with appropriate public
participation, to seek voluntary enforceable commitments from sources and source
categories to achieve emissions reductions sufficient to make reasonable further
progress in reducing any portion of the impairment.
(2)A voluntary enforceable commitment becomes enforceable through a
commission rule, local ordinance or resolution, judicially enforceable consent
decree, or division permit condition, as appropriate to the circumstances.
(3)If subsequent to January 15, 1996, a source or source category agrees to
an enforceable commitment to adopt a control strategy that the division
determines is as effective or is more effective than best available retrofit
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(1) The division may convene, at any
appropriate time, an informal voluntary negotiation process, with appropriate public
participation, to seek voluntary enforceable commitments from sources and source
categories to achieve emissions reductions sufficient to make reasonable further
progress in reducing any portion of the impairment.
(2) A voluntary enforceable commitment becomes enforceable through a
commission rule, local ordinance or resolution, judicially enforceable consent
decree, or division permit condition, as appropriate to the circumstances.
(3) If subsequent to January 15, 1996, a source or source category agrees to
an enforceable commitment to adopt a control strategy that the division
determines is as effective or is more effective than best available retrofit
technology for stationary sources or reasonably available control measures for
nonstationary sources, the division shall exempt that source or source category
from the imposition of further controls pursuant to this part 10 for a period of ten
years from the date established for achieving the emission reductions as specified
in the voluntary enforceable agreement.
(4) If subsequent to January 15, 1996, and prior to January 15, 1998, a source
or source category agrees to an enforceable commitment contained in a judicially
enforceable consent decree to adopt a control strategy that the division determines
provides both for reasonable progress toward the national visibility goal under 40
CFR 51, subpart P and 5 CCR 1001-4 and for reasonable progress in reducing any
present or future impairment of an air quality related value, the division shall
exempt that source or source category from the imposition of further controls
pursuant to this part 10 for a period of ten years from the date established for
achieving the emission reductions as specified in the judicially enforceable consent
decree. The provisions of section 25-7-133 shall not apply to that portion of an
amendment to the visibility component of the state implementation plan that
implements and enforces the control strategy covered by this subsection (4).
(5) If a source or source category agrees to an enforceable commitment to
adopt a control strategy that the division determines is not as effective as best
available retrofit technology for stationary sources or reasonably available control
measures for nonstationary sources but that the division determines will assist in
making reasonable further progress in reducing impairment of an air quality related
value, the commission may, after public hearing, exempt that source or source
category from the imposition of further controls pursuant to this part 10 with
respect to those pollutants that the source or source category has agreed to
control for a period of up to ten years from the date established for achieving the
emission reductions as specified in the voluntary enforceable agreement.
(6) A source that, prior to June 1, 1996, has received a permit under the
federal prevention of significant deterioration program, 42 U.S.C. secs. 7470 to
7479 or sections 25-7-201 to 25-7-210, and installed pollution control measures
comparable to the best available control technology pursuant to that program shall
not be required to install additional control measures pursuant to this part 10 for a
period of ten years from June 1, 1996, but may be required to operate pollution
control equipment to its maximum efficiency. This section shall not apply to any
source that is not subject to compliance with the requirements of 42 U.S.C. sec.
7651f, which establishes schedules and emission limitations for the control of
nitrogen oxide emissions from certain stationary sources. Nothing in this subsection
(6) shall be construed to modify the terms of any permit applicable to such source
or excuse compliance with respect to any other requirement under this article or
the federal act. Except for the exemption for a period of ten years provided in this
subsection (6), nothing in this subsection (6) shall excuse such sources from
responding to reasonable requests by the division for information required to
complete inventories and attribution and apportionment studies.