§ 2-301. Air quality rules and regulations -- Adoption

   (a) In general. -- The Department:

   (1) May adopt rules and regulations for the control of air pollution in this State, including testing, monitoring, record keeping, and reporting requirements; and

   (2) Shall adopt rules and regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition.

(b) Required considerations. -- In adopting any rule or regulation under this title, the Department shall consider, among other things:

   (1) The residential, commercial, or industrial nature of the area affected;

   (2) Zoning;

   (3) The nature and source of various kinds of air pollution;

   (4) The problems of any commercial or industrial establishment that may be affected by the rule or regulation; and

   (5) The environmental conditions, population density, and topography of any area that may be affected by the rule or regulation.

(c) Grain drying operations. -- Any rule or regulation adopted under this title that relates to grain drying operations shall be adopted with the advice and consent of the State Department of Agriculture.

HISTORY: An. Code 1957, art. 43, § 693, 696, 697; 1982, ch. 240, § 2; 2006, ch. 44, § 6