R307-401-8. Approval Order

  (1) The director will issue an approval order if the following conditions have been met:

  (a) The degree of pollution control for emissions, to include fugitive emissions and fugitive dust, is at least best available control technology. When determining best available control technology for a new or modified source in an ozone nonattainment or maintenance area that will emit volatile organic compounds or nitrogen oxides, best available control technology shall be at least as stringent as any Control Technique Guidance document that has been published by EPA that is applicable to the source.

  (b) The proposed installation will meet the applicable requirements of:

  (i) R307-403, Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas;

  (ii) R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD);

  (iii) R307-406, Visibility;

  (iv) R307-410, Permits: Emissions Impact Analysis;

  (v) R307-420, Permits: Ozone Offset Requirements in Davis and Salt Lake Counties;

  (vi) R307-210, Standards of Performance for New Stationary Sources;

  (vii) National Primary and Secondary Ambient Air Quality Standards;

  (viii) R307-214, National Emission Standards for Hazardous Air Pollutants;

  (ix) R307-110, General Requirements: State Implementation Plan; and

  (x) all other provisions of R307.

  (2) The approval order will require that all pollution control equipment be adequately and properly maintained.

  (3) Receipt of an approval order does not relieve any owner or operator of the responsibility to comply with the provisions of R307 or the State Implementation Plan.

  (4) To accommodate staged construction of a large source, the director may issue an order authorizing construction of an initial stage prior to receipt of detailed plans for the entire proposal provided that, through a review of general plans, engineering reports and other information the proposal is determined feasible by the director under the intent of R307. Subsequent detailed plans will then be processed as prescribed in this paragraph. For staged construction projects the previous determination under R307-401-8(1) and (2) will be reviewed and modified as appropriate at the earliest reasonable time prior to commencement of construction of each independent phase of the proposed source or modification.

  (5) If the director determines that a proposed stationary source, modification or relocation does not meet the conditions established in (1) above, the director will not issue an approval order.