Legislation
SECTION 19-0919
General powers
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 19, TITLE 9
§ 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.
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.