A. Except as provided in subsections C through G of this section, no permit or permit revision shall be issued to a person proposing to construct a new major source or make a major modification to a source located in any nonattainment area for the pollutant(s) for which the source is classified as a major source or the modification is classified as a major modification unless:
1. The person demonstrates that the new major source or the major modification will meet an emission limitation which is the lowest achievable emission rate (LAER) for that source for that specific pollutant(s). In determining lowest achievable emission rate for a reconstructed stationary source, the provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source;
2. The person demonstrates that all existing major sources owned or operated by that person (or any entity controlling, controlled by, or under common control with that person) in the state are in compliance or on a schedule of compliance with all conditions contained in permits of each of the sources and all other applicable emission limitations and standards under the Act and this title;
3. The person demonstrates that emission reductions for the specific pollutant(s) from source(s) in existence in the allowable offset area of the new major source or major modification (whether or not under the same ownership) meet the offset and net air quality benefit requirements of Section 17.16.570.
B. No permit or permit revision under this article shall be issued to a person proposing to construct a new major source or make a major modification to a major source located in a nonattainment area unless:
1. The person performs an analysis of alternative sites, sizes, production processes and environmental control techniques for such new major source or major modification; and
2. The control officer determines that the analysis demonstrates that the benefits of the new major source or major modification outweigh the environmental and social costs imposed as a result of its location, construction or modification.
C. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as restriction on hours of operation, then the requirements of this section shall apply to the source or modification as though construction had not yet commenced on the source or modification.
D. Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this section on the basis of its direct emissions, permit or permit revision under this article to construct the new source or modification shall be denied unless the conditions specified in subdivisions 1 and 2 of subsection A of this section are met for reasonably quantifiable secondary emissions caused by the new source or modification.
E. A permit to construct a new source or modification shall be denied unless the conditions specified in subdivisions 1, 2, and 3 of subsection A of this section are met for fugitive emissions caused by the new source or modification. However, these conditions shall not apply to a new major source or major modification that would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential emissions of the source or modification, and the source is not either a categorical source or belongs to the category of sources for which New Source Performance Standards under 40 CFR Part 60 or National Emission Standards for Hazardous Air Pollutants under 40 CFR Part 61 were promulgated by the administrator prior to August 7, 1980.
F. The requirements of (A)(3) of this section shall not apply to temporary emission sources, such as pilot plants and portable sources, which are only temporarily located in the nonattainment area, are otherwise regulated by a permit, and are in compliance with the conditions of that permit.
G. A decrease in actual emissions shall be considered in determining the potential of a new source or modification to emit only to the extent that the control officer has not relied on it in issuing any permit or permit revision under this article or the state has not relied on it in demonstrating attainment or reasonable further progress.
H. Within thirty days of the issuance of any permit under this section, the control officer shall submit control technology information from the permit to the administrator for the purposes listed in Section 173(d) of the Act.
(Ord. 1994-83 § 63, 1994: Ord. 1993-128 § 4 (part), 1993)