(1)The owner or operator of any
stationary source or group of stationary sources may obtain regulatory assurance,
as described in section 25-7-1204, by entering into a voluntary agreement pursuant
to this part 12. The parties to the proposed voluntary agreement shall negotiate in
good faith to reach a voluntary agreement as expeditiously as possible. The owner
or operator shall provide the division with any information necessary to evaluate the
terms and conditions of the proposed voluntary agreement. The parties to the
proposed voluntary agreement shall structure the emission limitations or emission
reductions contained in a voluntary agreement so as to minimize costs and
maximize the operational flexibility available to the owner or operator of the
stationary source or group o
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The owner or operator of any
stationary source or group of stationary sources may obtain regulatory assurance,
as described in section 25-7-1204, by entering into a voluntary agreement pursuant
to this part 12. The parties to the proposed voluntary agreement shall negotiate in
good faith to reach a voluntary agreement as expeditiously as possible. The owner
or operator shall provide the division with any information necessary to evaluate the
terms and conditions of the proposed voluntary agreement. The parties to the
proposed voluntary agreement shall structure the emission limitations or emission
reductions contained in a voluntary agreement so as to minimize costs and
maximize the operational flexibility available to the owner or operator of the
stationary source or group of stationary sources by using, among other things,
numeric emission limits, annual emission limits, or emissions averaging across
several emission points or sources, as appropriate.
(2) The division shall evaluate the emission limitations contained in a
proposed voluntary agreement to determine whether they will result in reductions
in actual emissions or actual emission rates, will result in emission reductions
earlier than would be required by existing laws or regulations, will result in emission
reductions significantly greater than required by existing laws or regulations, and
will protect human health or the environment. The division shall also evaluate the
assurance period proposed in the voluntary agreement based on the following
factors:
(a) The environmental benefits of the emission limitations and their
significance;
(b) The time necessary to achieve the emission limitations;
(c) The capital, operating, and other costs associated with achieving the
emission limitations; and
(d) The energy impacts and environmental impacts not related to air quality
of achieving the emission limitations.
(3) After conducting the evaluation required in subsection (2) of this section,
the division may reject any proposed voluntary agreement that does not meet the
requirements of this section. If the division rejects the proposed voluntary
agreement, the owner or operator of the stationary source or group of stationary
sources may petition the commission for review of the proposed voluntary
agreement and the division's rejection thereof in accordance with the rules
promulgated by the commission.
(4) If the division finds that the emission limitations and the assurance period
proposed in a voluntary agreement meet the requirements of this section, the
division shall submit the proposed voluntary agreement to the commission for
approval. The commission shall provide the public with notice and an opportunity to
comment on the proposed voluntary agreement. The commission shall act upon the
voluntary agreement as expeditiously as possible. The commission shall approve
the voluntary agreement unless it finds by substantial evidence that the proposed
voluntary agreement is inconsistent with the requirements of this part 12. In no
event shall the commission adopt emission limitations or an assurance period
different than proposed in the voluntary agreement without the express written
approval of the owner or operator of the stationary source or group of stationary
sources subject to the agreement.
(5) If the commission approves the proposed voluntary agreement, the
emission limitations and other provisions contained in the voluntary agreement
shall be enforceable under this article against the stationary source or group of
stationary sources in accordance with the terms and conditions contained in the
voluntary agreement. Such enforcement may include any appropriate mechanism,
including rule, permit condition, or consent order.
(6) No voluntary agreement or the underlying emission limitations under
subsection (1) of this section shall be made federally enforceable without the
written consent of the owner or operator of the stationary source or group of
stationary sources.
(7) Except as provided in this part 12 or other applicable law, no voluntary
agreement entered into under this part 12 shall alter any existing federal or state
requirement otherwise applicable to the stationary source or group of stationary
sources subject to such agreement.
(8) The commission may adopt any rules, procedures, or combination thereof
necessary to implement this part 12. Notwithstanding this authority, the division
may negotiate and evaluate proposed voluntary agreements, and the commission
may approve proposed voluntary agreements and review the division's rejection of a
proposed voluntary agreement as of July 1, 1998.