49-426.05. Designation of sources of hazardous air pollutants

A. The director may by rule designate a category of sources that are subject to the state program for control of hazardous air pollutants established pursuant to section 49-426.06. In order to designate a category of sources pursuant to this section, the director shall find that emissions of hazardous air pollutants from sources in the category individually or in the aggregate result in adverse effects to human health or adverse environmental effects. In determining whether emissions from a category of sources result in adverse effects to human health or adverse environmental effects, the director shall consider the following:

1. The number of persons likely to be exposed to emissions from sources in the category.

2. Whether the category should be limited to sources with the potential to emit hazardous air pollutants in amounts exceeding the thresholds set forth in section 49-426.06, subsection A, paragraph 2.

3. Whether based on the criteria set forth in this subsection, the category should be limited to sources located in a particular geographic area. The director shall to the maximum extent practicable define source categories so that they cover only those sources for which the finding required by this subsection has been made.

B. In addition to the other authority provided by this chapter, the director may require persons who own or operate sources in a category that the director reasonably believes may qualify for designation pursuant to subsection A of this section to provide the director with notification of the types and amounts of hazardous air pollutants emitted by those sources. The owner or operator of the source shall provide readily available data regarding emissions from the source but shall not be required to conduct performance tests, sampling or monitoring in order to respond to a request under this subsection. Inaccuracies in any notification provided pursuant to this subsection shall not be violations of this chapter, if the inaccuracies result from good faith efforts to identify hazardous air pollutants emitted by the source or to estimate the amount of hazardous air pollutants emitted by the source.

C. When a new source that is within a category that has not been designated pursuant to subsection A of this section submits an application for a permit pursuant to section 49-426, the director may suspend action on the application pending the designation of the category pursuant to subsection A of this section if all of the following conditions are satisfied:

1. The director makes the finding required by subsection A of this section for the category to which the source belongs.

2. The director provides notice of the director's intent to suspend action on the application to the applicant on or before the date that a completeness determination is due under section 49-426.

3. The applicant does not elect to comply with section 49-426.06, subsection C or D.

D. A decision by the director to suspend action on a permit application pursuant to subsection C of this section is appealable pursuant to section 49-428.