(a) The director,
at the director's sole discretion may, after providing for public notice,
including the method by which a hearing can be requested, and an opportunity
for public comment in accordance with section
11-60.1-73, issue a noncovered
source general permit for similar noncovered sources. The general noncovered
source permit expiration date shall apply to all sources covered under this
permit.
(b) The director shall
establish criteria and conditional requirements in the noncovered source
general permit by which noncovered sources may qualify for the general permit.
Noncovered sources qualifying for a noncovered source general permit shall, at
a minimum, have the same Standard Industrial Classification Code, similar
equipment design and air pollution controls, and the same applicable
requirements. Under no circumstances shall a general permit be considered for
noncovered sources requiring a case-by-case determination for air pollution
control requirements (e.g. Best Available Control Technology Determination).
The owner or operator of a noncovered source shall be subject to enforcement
action for operating without a permit if the source is later determined not to
qualify for the conditions and terms of the general permit.
(c) The owner or operator of a noncovered
source requesting coverage for some or all of its emission units under the
terms and conditions of the noncovered source general permit must submit an
application to the director on forms furnished by the director. The applicant
shall submit sufficient information to enable the director to make a decision
on the application. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
company;
(C) The owner and owner's
agent; and
(D) The plant site
manager or other contact;
(2) A description of the nature, location,
design capacity, production capacity, production rates, fuels, fuel use, raw
materials, and typical operating schedules to the extent needed to determine or
regulate emissions; specifications and drawings showing the design of the
source and plant layout; and a description of all processes and
products;
(3) If available, maximum
emission rates, including fugitive emissions, of all regulated and hazardous
air pollutants from ' each emissions unit. If applicable, biogenic
CO2 emissions shall be identified and quantified
separately from other biogenic and non-biogenic greenhouse gas emissions.
Emission rates shall be reported in pounds per hour and tons per year and in
such terms necessary to establish compliance consistent with the applicable
requirements and standard reference test methods. For greenhouse gases,
emission rates shall also be reported in CO2e tons per
year. All supporting emission calculations and assumptions shall also be
provided;
(4) Identification and
description of all points of emissions including stack parameters;
(5) Identification and detailed description
of air pollution control equipment and compliance monitoring devices or
activities as planned by the owner or operator of the source, and to the extent
of available information, an estimate of emissions before and after
controls;
(6) Current operational
limitations or work practices, or for noncovered sources that have not yet
begun operation, such limitations or practices which the owner or operator of
the source plans to implement that affect emissions of any regulated or
hazardous air pollutants at the source;
(7) A schedule for construction of the
noncovered source, if applicable;
(8) All calculations and assumptions on which
the information in paragraphs (2), (4), (5), and (6) is based;
(9) If requested by the director, an
assessment of the ambient air quality impact of the noncovered source. The
assessment shall include all supporting data, calculations, and assumptions,
and a comparison with the NAAQS and state ambient air quality
standards;
(10) If requested by the
director, a risk assessment of the air quality related impacts caused by the
noncovered source to the surrounding environment;
(11) If requested by the director, results of
source emission testing, ambient air quality monitoring, or both;
(12) If requested by the director,
information on other available control technologies;
(13) An explanation of all proposed
exemptions ^ from any applicable requirement;
(14) A compliance plan in accordance with
section 11-60.1-65; and
(15) Other information:
(A) As required by any applicable requirement
or as requested and deemed necessary by the director to make a decision on the
application; and
(B) As may be
necessary to implement and enforce other applicable requirements of the Act or
of this chapter or to determine the applicability of such
requirements.
(d) The director shall not continue to act
upon or consider any incomplete application. An application shall be determined
to be complete only when all of the following have been complied with:
(1) All information required and requested
pursuant to subsection (c) has been submitted;
(2) All documents requiring certification
have been certified pursuant to section
11-60.1-4;
(3) All applicable fees have been submitted;
and
(4) The director has certified
that the application is complete.
(e) The director shall notify the applicant
in writing whether the application is complete. Unless the director requests
additional information or notifies the applicant of incompleteness within sixty
days of receipt of an application, the application shall be deemed
complete.
(f) During the processing
of an application that has been determined or deemed complete if the director
determines that additional information is necessary to evaluate or take final
action on the application, the director may request such information in writing
and set a reasonable deadline for a response.
(g) The director, in writing, shall approve,
conditionally approve, or deny an application for coverage under a noncovered
source general permit within six months after receipt of a complete
application.
(h) The director may
approve an application for coverage under a noncovered source genera] permit
without repeating the public participation procedures.
