11-872. Control techniques; rules; schedule for
adoption
A. If the administrator of the United States environmental protection agency makes
a finding relating to area A, as defined in section 49-541, pursuant to the clean air act
amendments of 1990 (P.L. 101-549), section 172, the county shall adopt by rule the
necessary emission limitations or other standards reflecting control techniques
guidelines issued by the United States environmental protection agency pursuant to the
clean air act amendments of 1990, section 183 in order to achieve emissions reductions
sufficient to respond to the finding.
B. The county shall begin to develop rules that incorporate the provisions of the
control techniques guidelines being developed by the United States environmental
protection agency. The rule making process shall parallel as closely as possible the
United States environmental protection agency process and incorporate adequate public
notice and comment. The county shall make every practical effort to assure the rules are
consistent with the concepts and provisions embodied in the United States environmental
protection agency process. Within sixty days after the formal adoption of the United
States environmental protection agency control techniques guidelines for an industry
sector, the county shall adopt rules, emission limitations or other standards reflecting
such guidelines. If the guidelines are required pursuant to subsection A of this section
prior to formal adoption by the administrator of the guidelines, the county rules shall
become effective within sixty days after the United States environmental protection
agency finding. The county shall determine which industry sector shall be subject to the
requirements of this section.
C. If the director of the department of environmental quality determines that
emissions inventory data, monitoring information and modeling or projections indicate it
is likely that reasonable further progress or attainment will not be achieved in order to
comply with the clean air act amendments of 1990 or achieve or maintain national ambient
air quality standards or other air quality standards applicable to ozone precursors, the
county shall adopt rules necessary to achieve emissions reductions to achieve reasonable
further progress or attainment. The rules shall be based on technically feasible
controls to reduce the emissions of volatile organic compounds from industry sectors that
the United States environmental protection agency is considering for control technique
guidelines.
D. All emissions reductions required pursuant to this section shall be achieved for
purposes of the one-hour ozone standard no later than June 1, 1996 and for purposes of
the eight-hour averaged ozone standard no later than December 31, 2008.
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