(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
11-60.1-99, issue a covered source
general permit for similar nonmajor covered sources. The general covered source
permit expiration date shall apply to all sources covered under this
permit.
(b) The director shall
establish criteria and conditional requirements in the covered source general
permit by which nonmajor covered sources may qualify for the general permit.
Nonmajor covered sources qualifying for a covered 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
nonmajor covered 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 covered 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 nonmajor covered source requesting coverage for some or all of its
emission units under the terms and conditions of the covered 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 and to evaluate 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; and 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);
(3) 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 GHGs, 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 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;
(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 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;
(6) 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;
(7) 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;
(8) All calculations and assumptions on which
the information in paragraphs (2), (3), (4), (5), and (7) is based;
(9) A detailed schedule for construction or
reconstruction of the covered source, if applicable;
(10) If requested by the director, 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;
(11) If requested by the director, a risk
assessment of the air quality related impacts caused by the covered source to
the surrounding environment;
(12)
If requested by the director, results of source emission testing, ambient air
quality monitoring, or both;
(13)
If requested by the director, information on other available control
technologies and associated analysis;
(14) An explanation of all proposed
exemptions from any applicable requirement;
(15) A list of insignificant activities
pursuant to section
11-60.1-82(e) to
(g);
(16) A compliance plan in accordance with
section 11-60.1-85;
(17) A source compliance certification in
accordance with section
11-60.1-86; and
(18) 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 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 (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
or deny an application for coverage under a covered source general permit
within six months after receipt of a complete application. An application for
coverage under a general permit shall be approved only if the director
determines that the source seeking coverage meets the criteria and conditional
requirements established in the covered source general permit and will be in
compliance with all the applicable requirements.
(h) The director may approve an application
for coverage under a covered source general permit without repeating the public
participation procedures, but such approval shall not be considered the final
permit action for purposes of administrative and judicial review pursuant to
section 11-60.1-100.
(i) 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.
(j) Each application and proposed covered
source general permit shall be subject to EPA oversight in accordance with
section 11-60.1-95.
