A. A source may voluntarily propose in its application emission limitations, controls or other requirements that are permanent, quantifiable and otherwise enforceable as a practical matter that incorporate pollution prevention programs that provide source operational flexibility and achieve regulatory compliance. A new or existing source requesting a permit with conditions for operation flexibility under this subsection shall pay to the control officer all applicable fees pursuant to Section 17.13.240.
B. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls or other requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoid classification as a source that requires a Class I permit or to avoid one or more other federal applicable requirements. For the purposes of this section, "enforceable as a practical matter" means that specific means to assess compliance with a limit or trade provision are provided for in the permit in a manner that allows compliance with the limit or trade provision to be readily determined by an inspection of records and reports.
C. In order for a source to obtain a permit containing voluntarily accepted emissions limitations, controls or other requirements, the source shall demonstrate all of the following in its permit application:
1. The emissions limitations, controls or other requirements to be imposed for the purpose of avoiding an applicable requirement are at least as stringent as the emissions limitations, controls or other requirements that would otherwise be applicable to that source, including those that originate in an applicable implementation plan; and the permit does not waive, or make less stringent, any limitations or requirements contained in or issued pursuant to an applicable implementation plan, or that are otherwise federally enforceable.
2. All voluntarily accepted emissions limitations, controls or other requirements will be permanent, quantifiable and otherwise enforceable as a practical matter.
D. At the same time as notice of proposed issuance is first published pursuant to Section 17.12.190 or Section 17.13.210, the control officer shall send a copy of any Class II permit proposed to be issued pursuant to this section to the administrator for review during the comment period described in the notice pursuant to Section 17.12.190(D) or Section 17.13.210(D).
E. The control officer shall send a copy of each final permit issued pursuant to this section to the administrator.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.190.