567—22.7 (455B) Alternative emission control program.
	 22.7(1) Applicability. The owner or operator of any source located in an area with attainment or unclassified status (as published at 40 CFR §81.316 amended January 5, 2005) or located in an area with an approved state implementation plan (SIP) demonstrating attainment by the statutory deadline may apply for an alternative set of emission limits if:
	  a.   	 The applicant is presently in compliance with EPA approved SIP requirements, or
	  b.   	 The applicant is subject to a consent order to meet an EPA approved compliance schedule and the final compliance date will not be delayed by the use of alternative emission limits.
	 22.7(2) Demonstration requirements. The applicant for the alternative emission control program shall have the burden of demonstrating that:
	  a.   	 The alternative emission control program will not interfere with the attainment and maintenance of ambient air quality standards, including the reasonable further progress or prevention of significant deterioration requirements of the Clean Air Act;
	  b.   	 The alternative emission limits are equivalent to existing emission limits in pollution reduction, enforceability, and environmental impact; (In the case of a particulate nonattainment area, the difference between the allowable emission rate and the actual emission rate, as of January 1, 1978, cannot be credited in the emissions tradeoff.)
	  c.   	 The pollutants being exchanged are comparable and within the same pollutant category;
	  d.   	 Hazardous air pollutants designated in 40 CFR Part 61, as amended through July 20, 2004, will not be exchanged for nonhazardous air pollutants;
	  e.   	 The alternative program will not result in any delay in compliance by any source.
Specific situations may require additional demonstration as specified at 44 FR 71780-71788, December 11, 1979, or as requested by the director.
	 22.7(3) Approval process.
	  a.   	 The director shall review all alternative emission control program proposals and shall make recommendations on all completed demonstrations to the commission.
	  b.   	 After receiving recommendations from the director and public comments made available through the hearing process, the commission may approve or disapprove the alternative emission control program proposal.
	  c.   	 If approved by the commission, the program will be forwarded to the EPA regional administrator as a revision to the State Implementation Plan. The alternative emission control program must receive the approval of the EPA regional administrator prior to becoming effective.