01.
General
Procedures. General procedures for permits to construct. (3-28-23)
a. Within thirty (30) days after receipt of
the application for a permit to construct, the Department will determine
whether the application is complete or whether more information is needed and
will notify the applicant of its findings in writing. (3-28-23)
b. Within sixty (60) days after the
application is determined to be complete the Department will: (3-28-23)
i. Upon written request of the applicant,
provide a draft permit for applicant review. Agency action on the permit under
this Section may be delayed if deemed necessary to respond to applicant
comments. (3-28-23)
ii. Notify the
applicant in writing of the approval, or denial of the application if an
opportunity for public comment is not required pursuant to Subsection
209.01.c. The Department will
describe reasons for any denial; or (3-28-23)
c. An opportunity for public comment will be
provided on all applications requiring a permit to construct. Public comment
will be provided on an application for any new major facility or major
modification, any new facility or modification that would affect any Class I
area, any application that uses an interpollutant trade pursuant to Subsection
210.17, any application that the
Department determines an opportunity for public comment is needed, and any
application upon which the applicant or public so requests. (3-28-23)
i. The Department's proposed action, together
with the information submitted by the applicant and the Department's analysis
of the information, will be made available to the public in at least one (1)
location in the region in which the stationary source or facility is to be
located. (3-28-23)
ii. The
availability of such materials will be made known by notice published in a
newspaper of general circulation in the county(ies) in which the stationary
source or facility is to be located. (3-28-23)
iii. A copy of such notice will be sent to
the applicant and to appropriate federal, state and local agencies.
(3-28-23)
iv. There will be a
thirty (30) day period after initial publication for comment on the
Department's proposed action, such comment to be made in writing to the
Department. (3-28-23)
v. After
consideration of comments and any additional information submitted during the
comment period, and within forty-five (45) days after initial publication of
the notice or notice of public hearing if one is requested under Subsections
209.02.b.iv. or
209.02.a.ii., unless the Department deems that additional time is required to
evaluate comments and information received, the Department will notify the
applicant in writing of approval, or denial of the permit. The Department will
describe the reasons for any denial. (3-28-23)
vi. All comments and additional information
received during the comment period, together with the Department's final
determination, will be made available to the public at the same location as the
preliminary determination. (3-28-23)
d. A copy of each permit will be sent to EPA.
(3-28-23)
02.
Additional Procedures for Specified Sources. (3-28-23)
a. For any new major facility or major
modification in an attainment or unclassifiable area for any regulated air
pollutant. (3-28-23)
i. The public notice
issued pursuant to Subsection
209.01.c.ii. will indicate
the degree of increment consumption that is expected from the new major
facility or major modification; and (3-28-23)
ii. The public notice issued pursuant to
Subsection 209.01.c.ii. will indicate
the opportunity for a public hearing for interested persons to appear and
submit written or oral comments on the air quality effects of the new major
facility or major modification, alternatives to it, the control technology
required, and other appropriate considerations. All requests for public
hearings during a comment period with an opportunity for a hearing must be
requested in writing by interested persons within fourteen (14) days of the
publication of the legal notice of the proposed permit to construct or within
fourteen (14) days prior to the end of the comment period, whichever is later.
(3-28-23)
b. For any new
major facility or major modification that would affect a federal Class I area
or an integral vista of a mandatory federal Class I area. (3-28-23)
i. If the Department is notified of the
intent to apply for a permit to construct, it will notify the appropriate
Federal Land Manager within thirty (30) days; (3-28-23)
ii. A copy of the permit application and all
relevant information, including an analysis of the anticipated effects on
visibility in any federal Class I area, will be sent to the Administrator of
the U.S. Environmental Protection Agency and the Federal Land Manager within
thirty (30) days of receipt of a complete application and at least sixty (60)
days prior to any public hearing on the application; (3-28-23)
iii. Notice of every action related to the
consideration of the permit will be sent to the EPA Administrator
(3-28-23)
iv. The public notice
issued pursuant to Subsection
209.01.c.ii. will indicate
the opportunity for a public hearing for interested persons to appear and
submit written or oral comments on the air quality effect of the new major
facility or major modification, alternatives to it, the control technology
required, and other appropriate considerations. All requests for public
hearings during a comment period with an opportunity for a hearing must be
requested in writing by interested persons within fourteen (14) days of the
publication of the legal notice of the proposed permit to construct or within
fourteen (14) days prior to the end of the comment period, whichever is later.
(3-28-23)
v. The notice of public
hearing, if required, will explain any differences between the Department's
preliminary determination and any visibility analysis performed by the Federal
Land Manager and provided to the Department within thirty (30) days of the
notification pursuant to Subsection
209.02.b.ii.
(3-28-23)
vi. Upon a sufficient
showing by the Federal Land Manager that a proposed new major facility or major
modification will have an adverse impact upon the air quality related values
(including visibility) of any federal mandatory Class I area, the Department
may deny the application notwithstanding the fact that the concentrations of
regulated air pollutants would not exceed the maximum allowable increases for a
Class I area. (3-28-23)
03.
Revisions of Permits to
Construct. The Director may approve a revision of any permit to
construct provided the stationary source or facility continues to meet all
applicable requirements of Sections
200 through
227. Revised permits will be issued
pursuant to procedures for issuing permits (Section
209), except that the requirements
of Subsections 209.01.c., 209.02.a., and
209.02.b., only apply if the permit revision results in an increase in
emissions authorized by the permit or if deemed appropriate by the Department.
(3-28-23)
04.
Permit to
Construct Procedures for Tier I Sources. For Tier I sources that require
a permit to construct, the owner or operator must either: (3-28-23)
a. Submit only the information required by
Sections 200 through
214 for a permit to construct, in
which case: (3-28-23)
i. A permit to construct
or denial will be issued in accordance with Subsections
209.01.a. and 209.01.b.
(3-28-23)
ii. The owner or operator
may construct the source after permit to construct issuance or in accordance
with Subsection 213.02.c. (3-28-23)
iii. The owner or operator may operate the
source after permit to construct issuance so long as it does not violate any
terms or conditions of the existing Tier I operating permit and complies with
Subsection 380.02. (3-28-23)
iv. Unless a different time is specified by
these rules, the applicable requirements contained in a permit to construct
will be incorporated into the Tier I operating permit during renewal (Section
369). Where an existing Tier I
permit would prohibit such construction or change in operation, the source must
obtain a permit revision before commencing operation. Tier I sources required
to meet the requirements under Section
112(g) of the
Clean Air Act (Section
214), or to have a permit under the
preconstruction review program approved into the applicable implementation plan
under Part C (Section
205) or Part D (Section
204) of Title I of the Clean Air
Act, must file a complete application to obtain a Tier I permit revision within
twelve (12) months after commencing operation. (3-28-23)
v. The application or minor or significant
permit modification request will be processed in accordance with timelines:
Section 361 and
Subsections 367.02 through
367.05. (3-28-23)
vi. The final Tier I operating permit action
will incorporate the relevant terms and conditions from the permit to
construct; or (3-28-23)
b. Submit all information required by
Sections 200 through
214 for a permit to construct and
Sections 300 through
386 for a Tier I operating permit,
or Tier I operating permit modification, in which case: (3-28-23)
i. Completeness of the application will be
determined within thirty (30) days. (3-28-23)
ii. The Department will prepare a proposed
permit to construct or denial in accordance with Sections
200 through
214 and a draft Tier I operating
permit or Tier I operating permit modification in accordance with Sections
300 through
386 within sixty (60) days.
(3-28-23)
iii. The Department will
provide for public comment and affected state review in accordance with
Sections 209,
364 and
365 on the proposed permit to
construct or denial and draft Tier I operating permit or Tier I operating
permit modification. (3-28-23)
iv.
Except as otherwise provided by these rules, the Department will prepare and
issue to the owner or operator a final permit to construct or denial within
fifteen (15) days of the close of the public comment period. The owner or
operator may construct the source after permit to construct issuance or in
accordance with Subsection
213.02.c. (3-28-23)
v. The final permit to construct will be sent
to EPA, along with the proposed Tier I operating permit or modification. The
proposed Tier I operating permit or modification will be sent for review in
accordance with Section
366. (3-28-23)
vi. The Tier I operating permit, or Tier I
operating permit modification, will be issued in accordance with Section
367. The owner or operator may
operate the source after permit to construct issuance so long as it does not
violate any terms or conditions of the existing Tier I operating permit and
complies with Subsection
380.02; or
(3-28-23)
c. Submit all
information required by Sections
200 through
219 for a permit to construct and
Sections 300 through
381 for a Tier I operating permit,
or Tier I operating permit modification, in which case: (3-28-23)
i. Completeness of the application will be
determined within thirty (30) days. (3-28-23)
ii. The Department will prepare a draft
permit to construct or denial in accordance with Sections
200 through
219 and that also meets the
requirements of Sections
300 through
381 within sixty (60) days.
(3-28-23)
iii. The Department will
provide for public comment and affected state review in accordance with
Sections 209,
364, and
365 on the draft permit to
construct or denial. (3-28-23)
iv.
The Department will prepare and send a proposed permit to construct or denial
to EPA for review in accordance with Section
366. EPA. review of the proposed
permit to construct or denial in accordance with Section
366 can occur concurrently with
public comment and affected state review of the draft permit, as provided in
Subsection 209.05.c.iii. above,
except that if the draft permit or denial is revised in response to public
comment or affected state review, the Department must send the revised proposed
permit to construct or denial to EPA for review in accordance with Section
366. (3-28-23)
v. Except as otherwise provided by these
rules, the Department will prepare and issue to the owner or operator a final
permit to construct or denial in accordance with Section
367. The owner or operator may
construct the source after permit to construct issuance or in accordance with
Subsection 213.02.c. (3-28-23)
vi. The permittee may, at any time after
issuance, request that the permit to construct requirements be incorporated
into the Tier I operating permit through an administrative amendment in
accordance with Section
381. The owner or operator may
operate the source or modification upon submittal of the request for an
administrative amendment. (3-28-23)
05.
Transfer of Permits to
Construct. (3-28-23)
a. Transfers by
Revision. A permit to construct may be transferred to a new owner or operator
in accordance with Subsection
209.04. (3-28-23)
b. Automatic Transfers. Any permit to
construct, with or without transfer prohibition language, may be automatically
transferred if: (3-28-23)
i. The current
permittee notifies the Department at least thirty (30) days in advance of the
proposed transfer date; (3-28-23)
ii. The notice provides written documentation
signed by the current and proposed permittees containing a date for transfer of
permit responsibility, designation of the proposed permittee's responsible
official, and certification that the proposed permittee has reviewed and
intends to operate in accordance with the permit terms and conditions; and
(3-28-23)
iii. The Department does
not notify the current permittee and the proposed permittee within thirty (30)
days of receipt of the notice of the Department's determination that the permit
must be revised pursuant to Subsection
209.04. If the Department does
not issue such notice, the transfer is effective on the date provided in the
notice described in Subsection
209.06.b.ii.
(3-28-23)