49-440

49-440. Term of conditional order; effective
date

A. A conditional order issued by the director shall be valid for such period as the
director prescribes but in no event for more than one year in the case of a source that
is required to obtain a permit pursuant to this article and title V of the clean air act,
and three years in the case of any other source that is required to obtain a permit
pursuant to this article.

B. A holder of a conditional order may petition the director for renewals of such
order. The total term of such renewals and the initial period of such order shall not
exceed three years from the date of initial issuance of such order. Such petition may be
filed at any time not more than sixty days nor less than thirty days prior to the
expiration of such order. The director, within thirty days of receipt of such petition,
shall renew the conditional order for one year if the petitioner is in compliance with
and conforming to the terms and conditions imposed pursuant to section 49-439. The
director may refuse to renew the conditional order, if after a public hearing held within
thirty days of receipt of such petition the director finds that the petitioner is not in
compliance with and conforming to the terms and conditions of the conditional order. If,
after a period of three years from the date of original issuance, the petitioner is not
in compliance with and conforming to such terms and conditions, the director may renew
such conditional order for a total term of two additional years if the director finds
that such failure to comply and conform is due to conditions beyond the control of such
petitioner.

C. If the director amends or adopts any rule imposing conditions on the operation
of an air pollution source which have become effective as to the source by reason of the
action of the director or otherwise, and which require the implementation of control
strategies necessitating the installation of additional or different air pollution
control equipment, the director may renew a conditional order for an additional
term. The term of the renewal shall be governed by the preceding subsections of this
section, except that the total term of the renewal shall not exceed two years.

D. Except as provided in paragraphs 1 and 2 of this subsection, a conditional order
issued by the director shall be effective when issued if:

1. The conditional order varies from the requirements of the state implementation
plan, the conditional order shall be submitted to the administrator as a revision to the
state implementation plan pursuant to section 110(l) of the clean air act, and shall
become effective upon approval by the administrator.

2. The conditional order varies from the requirements of a permit issued for a
facility that is required to obtain a permit pursuant to title V of the clean air act,
the conditional order shall be submitted to the administrator if required by section 505
of the clean air act, and in such case shall be effective at the end of the review period
specified in such section, unless objected to within such period by the administrator.