Section 19-0919. General powers  


Latest version.
  • 1. Nothing in this title shall be construed to require or prohibit the
      department from:
        a.  extending  compliance  schedules,  issuing  variances  or relaxing
      performance standards at any specific facility or stationary source,  so
      long as such extension, issuance or relaxation does not result in:
        (i)  violation  of any primary federal ambient air quality standard or
      any state ambient air quality standard; or
        (ii) failure to make reasonable further progress in  a  non-attainment
      area pursuant to the federal clean air act; or
        (iii) failure to attain the interim control target pursuant to section
      19-0909 of this title; or
        (iv)  failure  to  attain the final control target pursuant to section
      19-0911 of this title; or
        (v) violation of the nitrogen  control  program  pursuant  to  section
      19-0913 of this title; or
        (vi) creation of a public or private nuisance.
        b.  Continuing  any  special limitations until January first, nineteen
      hundred ninety-six or  reauthorize  any  special  limitation  which  has
      expired  after  the  effective  date  of this title and prior to January
      first, nineteen hundred eighty-six.
        c. Allowing any conversion or modification of a facility or stationary
      source to burn coal as a boiler fuel.
        2. Nothing in this title shall be construed to establish  a  statewide
      cap  or  limitation  on acid deposition precursors such that new sources
      would be excluded for the state.