Current through August 31, 2023
01.
General
Procedures. General procedures for Tier II operating permits. (3-28-23)
a. Within thirty (30) days after receipt of
the application for a Tier II operating permit, the Department will determine
whether the application is complete or whether more information must be
submitted 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. 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
404.01.c. The Department will
set forth reasons for any denial; or (3-28-23)
ii. Issue a proposed approval or proposed
denial. (3-28-23)
c. An
opportunity for public comment will be provided on an application for any Tier
II operating permit pursuant to Subsection
401.01 and any other application
that the Department determines an opportunity for public comment should be
provided. (3-28-23)
i. 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)
ii. A copy of
such notice will be sent to the applicant and to appropriate federal, state and
local agencies. (3-28-23)
iii.
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)
iv. 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, 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
set forth the reasons for any denial. (3-28-23)
v. 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 proposed and final permit
will be sent to EPA. (3-28-23)
02.
Specific Procedures.
Procedures for Tier II operating permits. (3-28-23)
a. The Department will send a notification to
the proposed permittee by registered mail of his intention to issue a Tier II
operating permit for the facility concerned. The notification will contain a
copy of the proposed permit in draft form stating the proposed emission
standards and any required action, with corresponding dates, that must be taken
by the proposed permittee in order to achieve or maintain compliance with the
proposed Tier II operating permit. (3-28-23)
b. The application and the Department's
proposed Tier II operating permit will be made available to the public in at
least one (1) location in the region in which the facility is located. 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 facility is
located. A copy of such notice will be sent to the applicant. There will be a
thirty (30) day period after publication for comment on the Department's
proposed Tier II operating permit. Such comment must be made in writing to the
Department. (3-28-23)
c. A public
hearing will be scheduled to consider the standards and limitations contained
in the proposed Tier II operating permit if the proposed permittee files a
request with the Department within ten (10) days of receipt of the
notification, or if the Department determines that there is good cause to hold
a hearing. (3-28-23)
d. After
consideration of comments and any additional information submitted during the
comment period or at any public hearing, the Department will render a final
decision upon the proposed Tier II operating permit within thirty (30) days of
the close of the comment period or hearing. At this time the Department may
adopt the entire Tier II operating permit as originally proposed or any part or
modification thereof. (3-28-23)
e.
All comments and additional information received during the comment period,
together with the Department's final permit, will be made available to the
public at the same location as the proposed Tier II operating permit.
(3-28-23)
04.
Permit Revision or Renewal. The Department may approve a revision
of any Tier II operating permit or renewal of any Tier II operating permit
provided the stationary source or facility continues to meet all applicable
requirements of Sections
400 through
409. Revised permits will be issued
pursuant to procedures for issuing permits (Section
404), except that the requirements
of Subsection 404.01.c. only apply if the
permit revision results in an increase in allowable emissions or if deemed
appropriate by the Department. Renewed Tier II operating permits will be issued
pursuant to procedures for issuing permits (Section
404), except that the requirements
of Subsections 404.01.c., and 404.02.b.
through 404.02.e. only apply if the permit revision results in an increase in
allowable emissions or if deemed appropriate by the Department. The expiration
of a permit will not affect the operation of a stationary source or a facility
during the administrative procedure period associated with the permit renewal
process. The permittee must submit a complete application to the Department for
a renewal of the terms and conditions establishing the Tier II operating permit
at least six (6) months before, but no earlier than eighteen (18) months
before, the expiration date of the existing permit. To ensure that the term of
the permit does not expire before the terms and conditions are renewed, the
permittee is encouraged to submit the application nine (9) months prior to
expiration. (3-28-23)
05.
Transfer of Tier II Permit. (3-28-23)
a. Transfers by Revision. A Tier II permit
may be transferred to a new owner or operator in accordance with Subsection
404.04. (3-28-23)
b. Automatic Transfers. Any Tier II permit,
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
404.04. If the Department does
not issue such notice, the transfer is effective on the date provided in the
notice described in Subsection
404.05.b.ii.
(3-28-23)
