R18-2-408. Innovative Control Technology 

A. Notwithstanding the provisions of R18-2-406(A)(1) through (3), the owner or operator of a 

proposed new major source or major modification may request that the Director approve a 

system of innovative control technology rather than the best available control technology 

requirements otherwise applicable to the new source or modification. 

B. The Director shall approve the installation of a system of innovative control technology if the 

following conditions are met: 

1. The owner or operator of the proposed source or modification satisfactorily demonstrates 

that the proposed control system would not cause or contribute to an unreasonable risk to 

public health, welfare, or safety in its operation or function; 

2. The owner or operator agreesto achieve a level of continuous emissionsreduction equivalent 

to that which would have been required under R18-2-406(A)(2) by a date specified in the 

permit or permit revision under this Article for the source. Such date shall not be later than 

four years from the time of start-up or seven years from the issuance of a permit or permit 

revision under this Article; 

3. The source or modification would meet requirements equivalent to those in R18-2-406(A) 

based on the emissions rate that the stationary source employing the system of innovative 

control technology would be required to meet on the date specified in the permit or permit 

revision under this Article. 

4. Before the date specified in the permit or permit revision under this Article, the source or 

modification would not: 

a. Cause or contribute to any violation of an applicable state ambient air quality standard; 

or 

b. Impact any area where an applicable increment is known to be violated. 

5. All other applicable requirements including those for public participation have been met. 

6. The Director receives the consent of the governors of other affected states. 

7. The limits on pollutants contained in R18-2-218 for Class I areas will be met for all periods 

during the life of the source or modification. 

C. The Director shall withdraw any approval to employ a system of innovative control technology 

made under this Section if: 

1. The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

2. The proposed system fails before the specified date so as to contribute to an unreasonable 

risk to public health, welfare, or safety; or 

3. The Director decides at any time that the proposed system is unlikely to achieve the required 

level of control or to protect the public health, welfare, or safety. 

D. If the new source or major modification fails to meet the required level of continuous emissions 

reduction within the specified time period, or if the approval is withdrawn in accordance with 

subsection (C) above, the Director may allow the owner or operator of the source or 

modification up to an additional three years to meet the requirement for the application of best 

available control technology through use of a demonstrated system of control. 

Historical Note 

Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 

79-5). Former Section R9-3-408 renumbered without change as Section R18-2-408 
(Supp. 87-3). Section R18-2-408 renumbered to R18-2-608, new Section R18-2-408 

adopted effective November 15, 1993 (Supp. 93-4). 

R18-2-410. Visibility Protection 

A. For any new major source or major modification subject to the provisions of this Chapter, no 

permit or permit revision under this Article shall be issued to a person proposing to construct 

or modify the source unless the applicant has provided: 

1. An analysis of the anticipated impacts of the proposed source on visibility in any Class I 

areas which may be affected by the emissions from that source; and 

2. Results of monitoring of visibility in any area near the proposed source for such purposes 

and by such means as the Director determines is necessary and appropriate. 

B. A determination of an adverse impact on visibility shall be made based on consideration of all 

of the following factors: 

1. The times of visitor use of the area; 

2. The frequency and timing of natural conditions in the area that reduce visibility; 

3. All of the following visibility impairment characteristics: 

a. Geographic extent, 

b. Intensity, 

c. Duration, 

d. Frequency, 

e. Time of day; 

4. The correlation between the characteristics listed in subsection (B)(3) and the factors 

described in subsections (B)(1) and (2). 

C. The Director shall not issue a permit or permit revision pursuant to this Article or Article 3 of 

this Chapter for any new major source or major modification subject to this Chapter unless the 

following requirements have been met: 

1. The Director shall notify the individuals identified in subsection (C)(2) within 30 days of 

receipt of any advance notification of any such permit or permit revision under this Article. 

2. Within 30 days of receipt of an application for a permit or permit revision under this Article 

for a source whose emissions may affect a Class I area, the Director shall provide written 

notification of the application to the Federal Land Manager and the federal official charged 

with direct responsibility for management of any lands within any such area. The notice 

shall: 

a. Include a copy of all information relevant to the permit or permit revision under this 

Article, 

b. Include an analysis of the anticipated impacts of the proposed source on visibility in any 

area which may be affected by emissions from the source, and 

c. Provide for no less than a 30-day period within which written comments may be 

submitted. 

3. The Director shall consider any analysis provided by the Federal Land Manager that is 

received within the comment period provided in subsection (C)(2). 

a. Where the Director finds that the analysis provided by the Federal Land Manager does 

not demonstrate to the satisfaction of the Director that an adverse impact on visibility 

will result in the area, the Director shall, within the public notice required under R18-

2-330, either explain the decision or specify where the explanation can be obtained. 
b. When the Director finds that the analysis provided by the Federal Land Manager 

demonstrates to the satisfaction of the Director that an adverse impact on visibility will 

result in the area, the Director shall not issue a permit or permit revision under this 

Article for the proposed major new source or major modification. 

4. When the proposed permit decision is made, pursuant to R18-2-304(J), and available for 

public review, the Director shall provide the individuals identified in subsection (C)(2) 

with a copy of the proposed permit decision and shall make available to them any materials 

used in making that determination. 

Historical Note 

Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-410 renumbered without 

change as Section R18-2-410 (Supp. 87-3). Section R18-2-410 renumbered to R18-2-

610, new Section R18-2-410 adopted effective November 15, 1993 (Supp. 93-4).