1. (1) Nothing in ORS 468A.040, 468A.300 to 468A.320 or this section shall require the Environmental Quality Commission or Department of Environmental Quality to make less stringent any existing element of the state’s air pollution control program.

2. (2) To the maximum extent possible under federal laws and regulations and within budgetary constraints, the department shall prioritize its permitting work schedule to address all of the following:

   1. (a) Sources required to have permits under the federal operating permit program;

   2. (b) Other sources over which the department has been granted authority for control of the emission of air contaminants that:

      1. (A) Are either within nonattainment areas or within attainment areas projected by the department to exceed air standards within five years, and which substantially contribute to or cause the nonattainment or projected nonattainment of air quality standards; or
      2. (B) May individually be causing exceedances of air quality standards;
   3. (c) Applications for construction or modification; and
   4. (d) Sources that request a federally enforceable permit from the department regardless of whether such a permit would be required under the federal operating permit program. Within budgetary constraints, the department shall cooperate with sources seeking a federally enforceable permit.

[1991 c.752 §8]