A. Notwithstanding the provisions of Sections 17.16.590(A)(1), (2) and (3), the owner or operator of a proposed new major source or major modification may request that the control officer approve a system of innovative control technology rather than the best available control technology requirements otherwise applicable to the new source or modification.
B. The control officer shall approve the installation of a system of innovative control technology if the following conditions are met:
1. The owner or operator of the proposed source or modification satisfactorily demonstrates that the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
2. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under Section 17.16.590(A)(2) by a date specified in the permit or permit revision for the source. Such date shall not be later than four years from the time of startup or seven years from permit or permit revision issuance;
3. The source or modification would meet requirements equivalent to those in Section 17.16.590(A) based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified in the permit or permit revision under this article;
4. Before the date specified in the permit or permit revision under this article, the source or modification would not:
a. Cause or contribute to any violation of an applicable state ambient air quality standard, or
b. Impact any area where an applicable increment is known to be violated;
6. The control officer receives the consent of the governors of other affected states;
7. The limits on pollutants contained in Section 17.08.150 for Class I areas will be met for all periods during the life of the source or modification.
C. The control officer shall withdraw any approval to employ a system of innovative control technology made under this section if:
1. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or
2. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or
3. The control officer decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.
D. If the new source or major modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with subsection C of this section, the control officer may allow the owner or operator of the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.
(Ord. 2017-20 § 3 (part), 2017: Ord. 1994-83 § 67, 1994: Ord. 1993-128 § 4 (part), 1993)