8 CAR § 40-1003
Except for those persons who have filed for and received Division of Environmental Quality approval of applications submitted pursuant to the provisions of 8 CAR § 40-1001 or 8 CAR § 40-1002, the exceptions granted in said sections shall not be extended and shall be considered inapplicable during the existence of conditions of air pollution, as declared by the Director of the Division of Environmental Quality pursuant to provisions of 8 CAR § 40-504 if the affected sources are located in the area in which a condition of air pollution is so declared.