17.16.550   General.
   A.   No person shall commence construction of a new major source or the major modification of a source without first obtaining a permit or a permit revision from the control officer. For purposes of this article, "major source" shall have the same meaning as defined in A.A.C. R18-2-401.
   B.   An application for a permit or permit revision under this article shall not be considered complete unless the application demonstrates that:
      1.   The requirements in subsection C of this section are met.
      2.   The more stringent of the applicable new source performance standards in Article VI or the existing source performance standards in Article IV are applied to the proposed new major source or major modification of a major source.
      3.   The visibility requirements contained in Section 17.16.630 are satisfied.
      4.   All applicable provisions of Chapters 17.11, 17.12, and 17.13 are met.
      5.   The new major source or major modification will be in compliance with whatever emission limitation, design, equipment, work practice or operational standard, or combination thereof is applicable to the source or modification.
         a.   The degree of emission limitation required for control of any pollutant under this article shall not be affected in any manner by:
         i.   Stack height in excess of GEP stack height except as provided in Section 17.11.150, or
         ii.   Any other dispersion technique, unless implemented prior to December 31, 1970.
      6.   The new major source or major modification will not exceed the applicable standards for hazardous air pollutants contained in this title.
      7.   The new major source or major modification will not exceed the limitations, if applicable, on emission from nonpoint sources contained in Article III of this chapter.
      8.   A stationary source that will emit five or more tons of lead per year will not violate the ambient air quality standards for lead as contained in Section 17.08.070.
      9.   The new major source or major modification will not have an adverse impact on visibility, as determined according to Section 17.16.630.
   C.   Except for assessing air quality impacts within Class I areas, the air impact analysis required to be conducted in connection with the filing for a permit shall initially consider only the geographical area located within a fifty kilometer radius from the point of greatest emissions for the new major source or major modification. The control officer (on his own initiative or upon receipt of written notice from any person) shall have the right at any time to request an enlargement of the geographical area for which an air quality impact analysis is to be performed by giving the person applying for the permit or permit revision written notice thereof, specifying the enlarged radius to be so considered. In performing an air impact analysis for any geographical area with a radius of more than fifty kilometers, the person applying for the permit or permit revision may use monitoring or modeling data obtained from major sources having comparable emissions or having emissions which are capable of being accurately used in such demonstration, and which are subjected to terrain and atmospheric stability conditions which are comparable or which may be extrapolated with reasonable accuracy for use in such demonstration.
   D.   Unless the requirements have been satisfied pursuant to Chapters 17.11, 17.12, and 17.13, the control officer shall comply with following requirements:
      1.   Within sixty days after receipt of an application for a permit or permit revision subject to this article, or any addition to such application, the control officer shall advise the applicant of any deficiency, the date of receipt of the application shall be, for the purpose of this section, the date on which the control officer received all required information. The permit application shall not be deemed complete if the control officer fails to meet the requirements of this subdivision.
      2.   A copy of any notice required by Sections 17.12.190 and 17.13.210 shall be sent to the permit applicant, to the administrator, and to the following officials and agencies having cognizance over the location where the proposed major source or major modification would occur:
         a.   The air pollution control officer, if one exists, for the county wherein the proposed or existing source that is the subject of the permit or permit revision application is located;
         b.   The county manager for the county wherein the proposed or existing source that is the subject of the permit or permit revision application is located;
         c.   The city or town managers of the city or town which contains, and any city or town the boundaries of which are within five miles of, the location of the proposed or existing source that is the subject of the permit or permit revision;
         d.   Any regional land use planning agency with authority for land use planning in the area where the proposed or existing source that is the subject of the permit or permit revision application is located; and
         e.   Any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the proposed source or modification.
      3.   The control officer shall take final action on the application within one year of the proper filing of the completed application. The control officer shall notify the applicant in writing of his approval or denial.
      4.   The control officer shall cancel a permit or permit revision under this article if the proposed construction or major modification is not begun within eighteen months of issuance, or if during the construction or major modification, work is suspended for more than eighteen months.
(Ord. 2017-20 § 3 (part), 2017: Ord. 1996-50 § 6, 1996: Ord. 1994-83 § 62, 1994: Ord. 1993-128 § 4 (part), 1993)