(a) Every
application for a significant modification to a covered source is subject to
the same requirements as for an initial covered source permit application
pursuant to §
11-60.1-83 as it pertains to the
proposed significant modification. Applications 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 and to determine the fee requirements specified in subchapter
6. 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 significant
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 and capacities 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 detailed description of all processes and products
by Standard Industrial Classification Code and source category or categories
(as defined in section
11-60.1-171) affected by the
proposed modification; reasonably anticipated alternative operating scenarios,
and processes and products by Standard Industrial Classification Code and
source category or categories (as defined in section
11-60.1-171) associated with each
alternative operating scenario affected by the proposed modification;
(4) Information to define permit terms and
conditions for any proposed emissions trading within the facility pursuant to
section 11-60.1-96;
(5) Maximum emissions rates, including
fugitive emissions, of all regulated and hazardous air pollutants and all air
pollutants for which the source is major from each emissions unit related to
the modification. 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 GHGs, emission rates shall also be reported in
CO2e tons per year. All supporting emission calculations
and assumptions shall also be provided;
(6) Identification and description of all
points of emissions in sufficient detail to establish the basis for fees and
applicability of requirements of this chapter and the Act. Information on stack
parameters and any stack height limitations developed pursuant to Section 123
of the Act shall also be provided;
(7) 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 or modification,
and to the extent of available information, an estimate of maximum and expected
emissions before and after controls, technical information on the design,
operation, size, estimated control efficiency, manufacturer's name, address,
telephone number, and relevant specifications and drawings;
(8) 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;
(9) Operational
limitations or work 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. For sources subject to an Equivalent Maximum Achievable Control
Technology limitation pursuant to section
11-60.1-175, a proposed emission
limitation consistent with the requirements set forth in section
11-60.1-175;
(10) All calculations and assumptions on
which the information in paragraphs (3), (5), (6), (7), and (9) is
based;
(11) A detailed schedule for
construction or reconstruction of the source or modification;
(12) For significant modifications which
increase the emissions of any air pollutant or result in the emission of any
air pollutant not previously emitted, an assessment of the ambient air quality
impact of the covered source with the inclusion of any available background air
quality data. The assessment shall include all supporting data, calculations
and assumptions, and a comparison with the NAAQS and state ambient air quality
standards;
(13) For new covered
sources or significant modifications subject to the requirements of subchapter
7, all analyses, assessments,
monitoring, and other application requirements of subchapter
7;
(14) If requested by the director, a risk
assessment of the air quality related impacts caused by the covered source or
significant modification to the surrounding environment;
(15) If requested by the director, results of
source emission testing, ambient air quality monitoring, or both;
(16) If requested by the director,
information on other available control technologies and associated
analysis;
(17) An explanation of
all proposed exemptions from any applicable requirement;
(18) A list of any new insignificant
activities pursuant to section
11-60.1-82(e) to
(g);
(19) A compliance plan in accordance with
section 11-60.1-85;
(20) A source compliance certification in
accordance with section
11-60.1-86; and
(21) 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.
(b) The director shall not continue to act
upon or consider an 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:
(1) For the requirements of subchapter
7, thirty days after receipt of the
application; and
(2) For the
requirements of subchapter
5, sixty days after receipt of the
application. For purposes of this paragraph, the date of receipt of an
application for a new covered source or significant modification subject to the
requirements of subchapter
7 shall be the date the application is
determined to be complete for the requirements of subchapter
7.
Unless the director requests additional information or
notifies the applicant of incompleteness within sixty days after receipt of an
application pursuant to paragraph (c)(2), the application shall be deemed
complete for the requirements of subchapter
5.
(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) Except as provided in section
11-60.1-88 and subsections (f) and
(g), the director, in writing, shall approve, conditionally approve, or deny an
application for a significant modification within eighteen months after receipt
of a complete application.
(f) The
director, in writing, shall approve, conditionally approve, or deny an
application containing an early reduction demonstration pursuant to Section
112(i)(5) of the Act within nine months after receipt of a complete
application.
(g) The director, in
writing, shall approve, conditionally approve, or deny an application for a new
covered source or significant modification subject to the requirements of
subchapter 7 within twelve months after receipt of
a complete application.
(h) The
director shall provide reasonable procedures and resources to complete the
review of the majority of the applications for a significant modification
within nine months after receipt of a complete application. An application for
significant modification shall be approved only if the director determines that
the significant modification will be in compliance with all applicable
requirements and will not interfere with attainment or maintenance of the
NAAQS.
(i) The director shall
provide for public notice, including the method by which a public hearing can
be requested, and an opportunity for public comment on the draft significant
modification to the covered source in accordance with section
11-60.1-99.
(j) The director shall provide a statement
that sets forth the legal and factual bases for the draft permit conditions
(including references to the applicable statutory or regulatory provisions) to
EPA and any other person requesting it.
(k) Each application for a significant
modification, and the proposed covered source permit reflecting the significant
modification shall be subject to EPA oversight in accordance with section
11-60.1-95.