49-421. Definitions In this article, unless the context otherwise requires: 1. " Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere. 2. " Air pollution" means the […]
49-422. Powers and duties A. In addition to any other powers vested in it by law, the department may: 1. Accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, to carry out any of the purposes of this chapter. All monies resulting therefrom shall be […]
49-424. Duties of department The department shall: 1. Determine whether the meteorology of the state is such that airsheds can be reasonably identified and air pollution, therefore, can be controlled by establishing air pollution control districts within well defined geographical areas. 2. Make continuing determinations of the quantity and nature of emissions of air contaminants, […]
49-425. Rules; hearing A. The director shall adopt such rules as the director determines are necessary and feasible to reduce the release into the atmosphere of air contaminants originating within the territorial limits of the state or any portion thereof and shall adopt, modify and amend reasonable standards for the quality of and emissions into […]
49-426. Permits; duties of director; exceptions; applications; objections; fees A. A permit shall: 1. Be issued by the director in compliance with the terms of this section. 2. Be required for any person seeking a compliance extension pursuant to section 49-426.03, subsection B, paragraph 3 and section 112(a)(5) of the clean air act and for […]
49-426.01. Permits; changes within a source; revisions A. The director shall establish by rule provisions to allow changes within a source required to obtain a permit under title V of the clean air act without requiring a permit revision if all of the following conditions are met: 1. The changes do not constitute modifications under […]
49-426.02. Permit shield The director shall establish by rule conditions under which compliance with a permit or permit revision issued pursuant to this chapter constitutes compliance with the applicable requirements of this chapter and the clean air act.
49-426.03. Enforcement of federal hazardous air pollutant program; definitions A. The list of hazardous air pollutants in section 112(b)(1) of the clean air act is adopted as the list of federally listed hazardous air pollutants that will be subject to the program adopted pursuant to subsection B of this section. Within one year after the […]
49-426.04. State list of hazardous air pollutants A. The state list of hazardous air pollutants that are subject to regulation consists of all of the following: 1. Hazardous air pollutants that are designated by the director by rule if the director finds all of the following: (a) There is scientifically reliable evidence on the health […]
49-426.05. Designation of sources of hazardous air pollutants A. The director may by rule designate a category of sources that are subject to the state program for control of hazardous air pollutants established pursuant to section 49-426.06. In order to designate a category of sources pursuant to this section, the director shall find that emissions […]
49-426.06. State program for control of hazardous air pollutants A. The director shall by rule establish a state program for the control of hazardous air pollutants that meets the requirements of this section. The program established pursuant to this section shall apply to the following sources: 1. Sources that emit or have the potential to […]
49-426.07. Imminent and substantial endangerment Notwithstanding any permit granted pursuant to section 49-426.03 or 49-426.06, the director may seek injunctive relief as provided in section 49-462 on receipt of evidence that a source or combination of sources is presenting an imminent and substantial endangerment to public health or the environment.
49-427. Grant or denial of applications; revisions A. The director shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air contaminants […]
49-428. Appeals of permit actions A. Within thirty days after notice is given by the director of approval, denial or revocation of a permit, permit revision or conditional order, the applicant and any person who filed a comment on the permit or permit revision pursuant to section 49-426, subsection D, or on the conditional order […]
49-429. Permit transfers; notice; appeal A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another or from one source to another. B. Subsection A shall not apply to mobile or portable source which is transferred from one location to another after notification to the department […]
49-430. Posting of permit A person who has been granted an operating permit, shall firmly affix such permit, an approved facsimile of such permit, or other approved identification bearing the permit number upon such machine, equipment, incinerator, device or other article for which the operating permit is issued in such a manner as to be […]
49-431. Notice by building permit agencies All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an installation permit will possibly be required under the provisions of section 49-426. If it appears possible that such installation permit will be required, the agency […]
49-432. Classification and reporting; confidentiality of records A. The director, by rule, shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and shall require reporting for any such class or classes. Reports may be required as to physical outlets, processes and fuels used, the […]
49-433. Special inspection warrant A. The director and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings, building premises and building contents for the purpose of air pollution control shall be authorized to present themselves […]
49-435. Hearings on orders of abatement An order of abatement issued by the director shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-461 unless the person or persons named in the order have appealed the order of abatement as an […]
