(a) Every
application for an initial covered source permit 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) 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 and capacities to the extent needed
to determine or regulate 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); 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;
(3)
Information to define permit terms and conditions for any proposed emissions
trading within the facility pursuant to section
11-60.1-96;
(4) Maximum emission 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. 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;
(5) 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;
(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 source, 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;
(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) Current
operational limitations or work practices, or for covered 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. 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;
(9) All calculations and assumptions on which
the information in paragraphs (2), (4), (5), (6), and (8) is based;
(10) A detailed schedule for construction or
reconstruction of the source or modification, if applicable;
(11) For existing covered sources, an
assessment of the ambient air quality impact of the covered source. The
assessment shall include all supporting data, calculations and assumptions, and
a comparison with the NAAQS and state ambient air quality standards;
(12) For new covered sources, and 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 or significant modification,
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 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 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 or 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 covered source permit 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) A
covered source permit application for a new covered source or a significant
modification shall be approved only if the director determines that the
construction or operation of the new covered source or significant modification
will be in compliance with all applicable requirements and will not interfere
with attainment or maintenance of a 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 covered source permit 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.
