Section 19-2-109.4 - Project entity transition permit(1) As used in this section: (a) "Alternative permit" means an amendment to a transition permit that, for purposes of transitioning an electrical generation facility to a new facility, allows one or more existing generating units to continue operating while also providing for closure of one but not all existing generating units.(b) "Authority" means the Decommissioned Asset Disposition Authority established in Section 79-6-407.(c) "Division" means the Division of Air Quality created in Section 19-1-105.(d) "Pre-existing permit" means the air quality permit held by the operator of an existing electrical generation facility prior to any amendments associated with transitioning to a new facility.(e) "Project entity" means the same as that term is defined in Section 11-13-103.(f) "Transition permit" means an amendment to the pre-existing permit, issued to the operator of an existing electrical generation facility for the purpose of transitioning to a new electrical generation facility, which authorizes construction of the new facility but does not require closure of all existing generating units until after the new facility commences operation.(2) The division shall accept an application for an alternative permit from a project entity that has previously obtained a transition permit to authorize the same new electrical generating capacity contemplated by the transition permit.(3) If the application for an alternative permit meets the requirements established by the board: (a) the division shall issue an approval order for the alternative permit to the project entity;(b) the conditions of the transition permit shall cease to apply, including requirements to reduce the capacity of existing generating units at the electrical generation facility; and(c) the project entity shall submit all documentation required to modify any federal operating permit required to be maintained by the project entity, consistent with deadlines established by the division.(4) If an alternative permit is not approved under Subsection (3), the conditions of the transition permit shall remain effective.(5)(a) Upon receipt of an alternative air permit application prepared and submitted by the authority in accordance with Subsection 79-6-407(4)(c), the division shall conduct a full evaluation as if the application had been prepared and submitted by a project entity to determine whether the alternative air permit would be issued if applied for by the project entity.(b) The division shall provide the results of any evaluation conducted under Subsection (5)(a) to the authority within 30 days after the date that the division receives the application described in Subsection (5)(a), unless the division provides written notice to the authority that additional time is needed to complete the evaluation.(c) If the division concludes after evaluation that an alternative permit would likely be issued to a project entity, the authority shall, within 30 days after the authority receives the results of the evaluation, submit recommendations to the Legislative Management Committee regarding options for the state to continue to authorize construction of the project entity's new electrical generation facility that do not require the closure of all of the project entity's existing electrical generating facilities.(6) The division shall evaluate an application for an alternative permit independently from any pre-existing permit or transition permit based on updated assumptions, modeling, and requirements established in rule by the division and may rely upon the reduction of capacity of the existing electrical generation facility only as necessary to ensure that emissions of the new generating facility do not exceed thresholds established by federal law which would necessitate new source review as a major modification.Amended by Chapter 4, 2024SP3 General Session ,§ 3, eff. 6/21/2024.Added by Chapter 512, 2024 General Session ,§ 3, eff. 5/1/2024.