Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-19-5 - Conditions for Permit Approval for Sources Locating in Attainment or Unclassifiable Areas That Would Cause a New Violation of a NAAQS5.1. Upon determination by the Secretary that the emissions from a proposed new major stationary source or major modification locating in attainment or unclassified areas would cause a new violation of a NAAQS, permit approval may be granted only if the applicant agrees within its permit application and permit (if approved) to meet a more stringent emission limitation and/or limit emissions of existing sources below levels allowed by the applicable regulations so that the proposed source will not cause a new violation of any NAAQS. Only intrapollutant emission offsets are acceptable.5.2. If the proposed major source or major modification does not obtain the emission reductions specified in subsection 3.2 the Secretary shall deny the proposed construction.5.3. The requirements of subsections 3.2 and 5.2 shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment pursuant to § 107 of the CAA.