(A) Where emission sources do not meet the emission limitations noted in §§ 95.105 to 95.155 of this chapter, then a compliance schedule to meet the emission limitations stipulated shall be developed and offered to the Director by the owner of the equipment causing the emission. This compliance schedule shall be submitted at a time fixed by the Director. After the compliance schedule has been approved by the Director, the owner of the equipment causing the emission shall not be in violation of this chapter so long as the compliance schedule is observed. In evaluating a compliance schedule, the Director shall take into consideration the following factors:
(1) Action taken to control atmospheric pollution within emission limitations in effect prior to the adoption of this chapter;
(2) Efficiency of any existing control equipment relative to that which would be required to meet emission limitations of this chapter;
(3) Temporary interim control measures intended to minimize existing pollution levels;
(4) The effect the source of emission has on ambient air quality generally or in the immediate vicinity of the source;
(5) The degree of control in relation to other similar facilities which produce air pollution; and
(6) The age and prospective life of the facility in question.
(B) Reports consisting of information required by the Director indicating the progress of these compliance schedules shall be submitted quarterly to the Director by the owner of the equipment causing the emission in question.
(C) After the date stipulated for final compliance, an operating permit shall be issued when, in the opinion of the Director, all provisions of the compliance schedule have been satisfactorily completed.
(D) The compliance schedule developed in accordance with division (A) above shall be legally enforceable, and failure to conform to the requirements of the compliance schedule shall constitute a separate violation of this chapter, apart from any violation of §§ 95.105 through 95.155 of this chapter. In the event of the violation of a compliance schedule, the Director may initiate the applicable provisions of § 95.999 for noncompliance.
(E) There shall be no violation if failure to meet the compliance schedule is for causes beyond the reasonable control of the owner or operator, as determined by the Director. Extension of time schedules may be granted by the Director when written evidence is presented that, in his or her opinion, would justify the granting of an extension of the schedule.
(Prior Code, § 102.190) Penalty, see § 95.999