(1) Applicability. The owner or operator of a stationary source of air pollutants that reduces or eliminates air pollutants is exempt from the requirement to submit a notice of intent and obtain an approval order before construction if:
- (a) the project does not increase the potential to emit of any air pollutant or cause emissions of any new air pollutant; and
- (b) the director is notified of the change and the reduction of air pollutants is made enforceable through an approval order in accordance with Subsection (2).
- (2) Notification. The owner or operator shall submit a written description of the project to the director no later than 60 days after the changes are made. The director will update the source's approval order or issue a new approval order to include the project and to make the emission reductions enforceable. Public review under Section R307-401-7 is not required for the update to the approval order.
KEY: air pollution, permits, approval orders, greenhouse gases
Date of Last Change: December 19, 2025
Notice of Continuation: May 4, 2022
Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(b)(iii); 19-2-108