§ 19-0907. Sulfur deposition control program.

1. No later than January first, nineteen hundred eighty-five, the
department shall:

a. Identify and publish a preliminary list of the sensitive receptor
areas of the state with respect to sulfate deposition.

b. Measure or estimate wet and dry sulfate deposition at each of these
sensitive receptor areas, including:

(i) total sulfate deposition from all sources; and

(ii) total sulfate deposition from instate sources; and

(iii) the ratio of total sulfate deposition from instate sources to
total sulfate deposition from all sources.

c. Identify and publish a preliminary list of environmental threshold
values for each sensitive receptor area.

d. Identify and publish a preliminary list or inventory of all
facilities and stationary sources in the state which emit sulfur
dioxide.

e. Prepare such supporting documentation as the department considers
appropriate.

2. a. Before publishing any preliminary list or report pursuant to
subdivision one of this section, the department shall conduct a review
of all appropriate existing acid deposition reports and data as prepared
by the department, other agencies of the state, agencies of other
states, agencies of the federal government or agencies of foreign
governments. The department shall further review appropriate acid
deposition reports, data, documents, studies, surveys or analyses as
currently exist in the scientific literature.

b. The department shall set forth in writing its presuppositions and
assumptions, mathematical modeling techniques, sampling methodologies,
and analytical protocols, based upon existing scientific knowledge, that
are utilized to derive the preliminary lists and reports required by
this section.

3. Based on the activities listed in subdivisions one and two of this
section, the department shall formulate a preliminary final control
target for each sensitive receptor area, and shall develop a strategy
identifying any emissions reductions for the various facilities and
stationary sources in the state that will be required to meet the
deposition control targets. These targets and strategies, together with
the lists, reports and supporting documentation described in this
section, and together with an analysis of the economic impact of the
implementation of such targets and strategies, shall constitute a
preliminary sulfur deposition control program.

4. a. No later than March first, nineteen hundred eighty-five, the
department shall conduct public hearings in at least three geographic
locations of the state for the purpose of soliciting information and
comments from the public on the preliminary sulfur deposition control
program. Any such public hearings shall comply with the notice
provisions and other procedures in title three and title five of this
article.

b. No later than May first, nineteen hundred eighty-five, and after
due consideration of the hearing record, independent scientific review,
if any, and the considerations listed in section 19-0303 of this
article, the department shall publish the sulfur deposition control
program, hereinafter referred to as the "program". In addition to
publishing the program, the department shall submit copies of such
program to the governor, the temporary president of the senate, the
speaker of the assembly, the chairman of the senate standing committee
on environmental conservation and recreation, and the chairman of the
assembly standing committee on environmental conservation.

c. The program shall be subject to review pursuant to the procedures
in title five of this article.

5. The department shall promulgate such rules and regulations as are
necessary to effectuate the provisions of this section.

6. The department shall publish all preliminary and final lists,
reports, targets and programs required by this section in the state
register and in the environmental notice bulletin.