(1) If the division determines that the assertion has been verified, it shall:
Compile a comprehensive inventory of the sources of the pollutants that are suspected to be causing the impairment;
Subject the development, conduct, and results of the attribution and apportionmentstudies to appropriate peer review; and
Perform attribution and apportionment studies to the extent feasible in order to develop for the division and the commission the identity and relative contribution of the significant contributors to air quality related value impairment, including, but not limited to, stationary sources, natural sources, wood smoke, agriculture, mining, roads, mobile source categories, and other area sources. The general assembly recognizes that the ability to attribute the cause of air pollution effects and apportion the air pollution effects among sources and source categories identified by attribution studies is an area of evolving science.
(2) (a) The funding of source attribution and apportionment studies shall be derived as provided in this subsection (2). Contributions to support the funding of such studies shall be requested from sources and source categories identified by the division as potentially contributing to the impairment.
If a potential contribution to impairment is identified from federal lands or statelands, the division shall request a funding contribution for such studies from the appropriate federal or state land manager.
If a potential contribution to impairment is identified from stationary sources or source categories, the division shall request a funding contribution for such studies from such sources or source categories.
If a potential contribution to impairment is identified from mobile sources, the division shall seek an appropriation by the general assembly of excess funds in the AIR account in the highway users tax fund for funding contributions to such studies.
The division shall annually report to the legislative council on the adequacy of funding derived pursuant to this subsection (2). If funding derived pursuant to this subsection (2) is inadequate, the legislative council may recommend that the general assembly appropriate funds from available sources for purposes of this section.
Following its review and analysis of the reasonable attribution and source apportionment studies and the reports thereon from the members of the peer review panel, the division shall identify those sources and source categories within the state and region significantly contributing to air quality related value impairment.
The division shall identify the sources and source categories significantly contributing to air quality related value impairment that are located outside the state and report this list to the commission, governor, and general assembly for their consideration in identifying options for remedying such impacts.
The division shall issue an order to the sources and source categories significantlycontributing to air quality related value impairment located within the state that have not made a voluntary enforceable commitment under section 25-7-1008.
(a) An order issued pursuant to subsection (5) of this section shall require:
Such sources and source categories to submit a report within a reasonable period oftime;
A stationary source to identify the best available retrofit technology; and
Other sources and source categories to identify reasonably available control measures.
(b) After considering the responses to an order issued pursuant to subsection (5) of this section, the division shall issue a public report to the commission concerning its recommendations on air quality related value impairment, source attribution, source apportionment, and control strategy options.
Source: L. 96: Entire part added, p. 1447, § 1, effective June 1.