49-402

49-402. State and county control

A. The department shall have original jurisdiction over such sources, permits and
violations that pertain to:

1. Major sources in any county that has not received approval from the
administrator for new source review under the clean air act and prevention of significant
deterioration under the clean air act.

2. Smelting of metal ore.

3. Petroleum refineries.

4. Coal fired electrical generating stations.

5. Portland cement plants.

6. Air pollution by portable sources.

7. Air pollution by mobile sources for the purpose of regulating those sources as
prescribed by article 5 of this chapter and consistent with the clean air act.

8. Sources that are subject to title V of the clean air act and that are located in
a county for which the administrator has disapproved that county's title V permit program
if the department has a title V program that has been approved by the administrator. On
approval of that county's title V permit program by the administrator, the county shall
resume jurisdiction over those sources.

B. Except as specified in subsection A of this section, the review, issuance,
administration and enforcement of permits issued pursuant to this chapter shall be by the
county or multi-county air quality control region pursuant to the provisions of article 3
of this chapter. After the director has provided prior written notice to the control
officer describing the reason for asserting jurisdiction and has provided an opportunity
to confer, the county or multi-county air quality control region shall relinquish
jurisdiction, control and enforcement over such permits as the director designates and at
such times as the director asserts jurisdiction at the state level. The order of the
director which asserts state jurisdiction shall specify the matters, geographical area,
or sources over which the department shall exercise jurisdiction and control. Such state
authority shall then be the sole and exclusive jurisdiction and control to the extent
asserted, and the provisions of this chapter shall govern, except as provided in this
chapter, until jurisdiction is surrendered by the department to such county or region.

C. Portable sources under jurisdiction of the department under subsection A,
paragraph 6 of this section may be required to file notice with the director and the
control officer who has jurisdiction over the geographic area that includes the new
location before beginning operations at that new location.

D. Notwithstanding any other law, a permit issued to a state regulated source shall
include the emission standard or standard of performance adopted pursuant to section
49-479, if such standards are more stringent than those adopted by the director and if
such standards are specifically identified as applicable to the permitted source or a
component of the permitted source. Such standards shall be applied to sources identified
in subsection A, paragraph 2, 3, 4 or 5 of this section only if the standard is formally
proposed for adoption as part of the state implementation plan.

E. The regional planning agency for each county which contains a vehicle emissions
control area shall develop plan revisions containing transportation related air quality
control measures designed to attain and maintain primary and secondary ambient air
quality standards as prescribed by and within the time frames specified in the clean air
act. In developing the plan revisions, the regional planning agency shall consider all
of the following:

1. Mandatory employee parking fees.

2. Park and ride programs.

3. Removal of on-street parking.

4. Ride share programs.

5. Mass transit alternatives.

6. Expansion of public transportation systems.

7. Optimizing freeway ramp metering.

8. Coordinating traffic signal systems.

9. Reduction of traffic congestion at major intersections.

10. Site specific transportation control measures.

11. Reversible lanes.

12. Fixed lanes for buses and carpools.

13. Encouragement of pedestrian travel.

14. Encouragement of bicycle travel.

15. Development of bicycle travel facilities.

16. Employer incentives regarding ride share programs.

17. Modification of work schedules.

18. Strategies for controlling the generation of air pollution by nonresidents of
nonattainment or maintenance areas.

19. Use of alternative fuels.

20. Use of emission control devices on public diesel powered vehicles.

21. Paving of roads.

22. Restricting off-road vehicle travel.

23. Construction site air pollution control.

24. Other air quality control measures.

F. Each regional planning agency shall consult with the department of
transportation to coordinate the plans developed pursuant to subsection E of this section
with transportation plans developed by the department of transportation pursuant to any
other law.