19-0919. General powers.1. Nothing in this title shall be construed to require or prohibit the department from:
a. extending compliance schedules, issuing variances or relaxing performance standards at any specific facility or stationary source, so long as such extension, issuance or relaxation does not result in:
(i) violation of any primary federal ambient air quality standard or any state ambient air quality standard; or
(ii) failure to make reasonable further progress in a non-attainment area pursuant to the federal clean air act; or
(iii) failure to attain the interim control target pursuant to section 19-0909 of this title; or
(iv) failure to attain the final control target pursuant to section 19-0911 of this title; or
(v) violation of the nitrogen control program pursuant to section 19-0913 of this title; or
(vi) creation of a public or private nuisance.
b. Continuing any special limitations until January first, nineteen hundred ninety-six or reauthorize any special limitation which has expired after the effective date of this title and prior to January first, nineteen hundred eighty-six.
c. Allowing any conversion or modification of a facility or stationary source to burn coal as a boiler fuel.
2. Nothing in this title shall be construed to establish a statewide cap or limitation on acid deposition precursors such that new sources would be excluded for the state.
Last modified: February 3, 2019