(a) Every
application for a modification to a noncovered source shall be submitted 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) The 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 modification,
identifying all proposed changes, including any changes to the source
operations, work practices, equipment design, source emissions, or any
monitoring, recordkeeping, and reporting procedures;
(3) 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 of any proposed addition or modification of any source of
emissions; specifications and drawings showing the design of the source and
plant layout; a description of all processes and products; and, if reasonably
anticipated, a detailed description of alternative operating
scenarios;
(4) If available,
maximum emissions 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;
(5) Identification and
description of all points of emissions including stack parameters;
(6) Identification and detailed description
of air pollution control equipment and compliance monitoring devices or
activities as planned by the owner or operator of the noncovered source or
modification, and to the extent of available information, an estimate of
emissions before and after controls;
(7) Citation and description of all
applicable requirements, and a description of or reference to any method and/or
applicable test method for determining compliance with each applicable
requirement;
(8) Operational
limitations or work practices which the owner or operator of the noncovered
source plans to implement that affect emissions of any regulated or hazardous
air pollutants at the source;
(9) A
schedule for construction or modification of the noncovered source;
(10) All calculations and assumptions on
which the information in paragraphs (3), (4), (5), (6), and (8) is
based;
(11) If requested by the
director, an assessment of the ambient air quality impact of the noncovered
source or modification. The assessment shall include all supporting data,
calculations and assumptions, and a comparison with the national and state
ambient air quality standards;
(12)
If requested by the director, a risk assessment of the air quality related
impacts caused by the noncovered source or modification to the surrounding
environment;
(13) If requested by
the director, results of source emission testing, ambient air quality
monitoring, or both;
(14) If
requested by the director, information on other available control
technologies;
(15) An explanation
of all proposed exemptions from any applicable requirement;
(16) A compliance plan in accordance with
section 11-60.1-65; and
(17) Other information:
(A) 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.
(b) 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 (a) 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.
(c) 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.
(d) 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.
(e) The director, in writing, shall approve,
conditionally approve, or deny an application for modification to a noncovered
source within six months after receipt of a complete application. An
application for modification shall be approved only if the director determines
that the modification will be in compliance with all applicable requirements
and will not interfere with attainment or maintenance of the NAAQS.
