§ 25-7-205 — Innovative technology - waivers

The division or the commission
may grant a waiver from the best available control technology requirements of this
part 2 for proposed new or modified sources in order to encourage the use of an
innovative technological system or systems of continuous emission reduction if the
administrator of the United States environmental protection agency has delegated
such authority and if the division or the commission determines, after notice and
opportunity for public hearing, and after securing the consent of the governor of an
affected state, to the extent that such consent may be lawfully required by the
federal act, that such innovative technological system or systems of continuous
emission reduction have a substantial likelihood of achieving greater continuous
emission reduction than the means of emission limitation which, but for such waiver,
would be required, or of achieving continuous emission reduction equivalent to that
which, but for such waiver, would be required, at a lower cost in terms of energy or
economic or nonair quality environmental impact. If a public hearing is requested by
an interested person, the request shall, within twenty days after its receipt, be
transmitted to the commission. The commission shall, within sixty days after its
receipt of the request, hold a public hearing with respect thereto and shall, within
thirty days after such hearing, issue its decision.

Legislative History

Source: L. 79: Entire article R&RE, p. 1053, � 1, effective June 20. L. 84: Entire section amended, p. 777, � 18, effective July 1. L. 92: Entire section amended, p. 1229, � 28, effective July 1.