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.