Current through 2024-38, September 18, 2024
The following outlines the procedures for issuing a Part 70
License Transfer:
A.
Applicability
This section addresses a change in ownership of a Part 70
source.
The transferee (new owner) shall abide by all of the
conditions of the Part 70 license and is jointly and severally liable with the
original licensee for any violation of the terms and conditions thereof pending
determination on the application for approval of a transfer.
B.
Schedule
(1) An application for a Part 70 License
Transfer shall be submitted to the Department no later than two weeks after any
transfer of property subject to a Part 70 license.
(2) The Department will take no more than 60
days from receipt of a request for a Part 70 License Transfer to take final
action on such request.
C.
Application Notification
The applicant shall publish notice of Intent to File as
specified in subsection 2(D) of this Chapter.
D.
Required Application
Information
(1) Identifying new
information, including company name and physical address; responsible
official's name and contact information; and names and contact information of
plant site manager or designated contact person;
(2) A letter including the following
information:
(a) The full name and address of
the new owner;
(b) The date of the
official sale or transfer of ownership;
(c) A copy of the purchase agreement or deed
showing transfer of ownership, or demonstration of title, right, or
interest;
(d) A statement that
there will be no increase in air emissions beyond that provided for in the
existing license, either in quantity or type, without prior written permission
from the Department; and
(e) A
demonstration of technical capacity of the new owner and intent to:
(i) Comply with all conditions of the Part 70
license, and
(ii) Satisfy all
statutory criteria.
(3) The signatory statement signed by a
responsible official pursuant to subsection 2(C) of this Chapter.
E.
License Content
The Part 70 License Transfer will contain the
following:
(1) Full name and address
of new owner and the date of transfer of ownership;
(2) A statement that there will be no
increase in air emissions beyond that provided for in the existing license,
either in quantity or type, without prior written permission from the
Department; and
(3) A statement
describing the technical capacity of the new owner.
F.
Criteria for License Approval
Approval for a Part 70 License Transfer will be based on the
acceptability of the information required in the application submittal.
G.
Draft Notification
Draft notification is not required for a Part 70 License
Transfer.
