Section 24-125. Standards for granting permits

(a) Except as provided in
  section 24-126 of this code, no  permit  shall  be  granted  unless  the
  applicant  demonstrates  and/or  certifies  to  the  satisfaction of the
  commissioner that:
    (1) The equipment is designed and will  be  installed  or  altered  to
  operate in accordance with the provisions of this code;
    (2) The equipment incorporates advances in the state of the art of air
  pollution  control  developed for the kind and amount of air contaminant
  emitted by the applicant's equipment;
    (3) The equipment  is  designed  and  will  be  installed  or  altered
  consistent  with  any  regulations  for  such  equipment  issued  by the
  commissioner;
    (4) Equipment which will have a stack or duct three feet  or  more  in
  diameter will be provided with:
    (i)  Sampling  ports  of a size, number and location as the department
  may require, and
    (ii) Safe access to each port, and
    (iii) Such other sampling and testing facilities as  the  commissioner
  may require;
    (5)  Refuse  burning  equipment  operated  by  the department contains
  control apparatus which meets the performance  standards  prescribed  by
  the commissioner;
    (6)  When  required  by  the commissioner fuel burning equipment which
  will use residual fuel oil will be installed  with  an  air  contaminant
  detector  together  with either a combustion shutoff or, when acceptable
  to the  commissioner,  an  air  contaminant  recorder,  except  that  no
  combustion  shutoff  shall be required on fuel burning equipment used to
  generate steam for off-premises sale or electricity;
    (7) All parts of the equipment can be readily  cleaned  and  repaired;
  and
    (8)  Operation  of  the  equipment  will not prevent the attainment or
  maintenance of applicable emission criteria.
    (b) In order to reduce the emission of air contaminants and to  insure
  optimum   combustion  in  fuel  burning  equipment  and  refuse  burning
  equipment, such equipment shall be shown  to  the  satisfaction  of  the
  commissioner to:
    (1)  Be  of  a proper size to handle the planned load, be located in a
  proper  place,  incorporate  appropriate  apparatus  and   have   proper
  operating, regulating and control devices; and
    (2) Be operated at appropriate times and by appropriate persons; and
    (3)  Burn  fuel  or  refuse  determined  by  the  commissioner  to  be
  appropriate for the specific size and type of equipment.
    (c) The commissioner may require that any equipment or apparatus  with
  respect  to which a permit is required, or any class or category of such
  equipment or apparatus, be included on a list of accepted  equipment  or
  apparatus  maintained  by  the  department. No acceptance for listing of
  equipment  or  apparatus  shall  be   granted   unless   the   applicant
  demonstrates  and/or  certified  to the satisfaction of the commissioner
  that such equipment or apparatus complies with all applicable provisions
  of this code (including the requirements of subdivisions a and b of this
  section) and of the  rules  concerning  engineering  criteria  for  fuel
  burning  equipment  and  such other applicable rules as the commissioner
  may promulgate pursuant to this  code.  An  application  for  acceptance
  shall be accompanied by the required fee.