Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Prioritization of
applications.
In deciding which permit applications to act on, the agency
shall give priority to applications for construction or modification of a
stationary source.
Subp. 2.
Application processing and issuance deadlines.
A. Within 12 months of receiving a complete
application for a permit to construct a new stationary source or for a major
permit amendment to construct a modification, the agency shall have completed
the public notice process and comment period required by part
7007.0850, unless the agency has
denied the application. The agency shall take final action on the application
within 60 days of the end of the public comment period if:
(1) no meetings or hearings are requested
under part
7007.0850, subpart
3, during the public comment
period;
(2) there is no substantial
adverse public comment on the application; and
(3) there is no substantial adverse EPA
comment on the application.
If any of the circumstances in subitems (1) to (3) occur, the
agency shall take final action on the application within 18 months of receiving
the complete application.
B. Within six months of receiving a complete
application for a moderate amendment to construct a modification for which the
agency has decided to provide public notice under part
7007.0850, subpart
2, the agency shall have
completed the public notice process and comment period, unless the agency has
denied the application. The agency shall take final action on the permit within
60 days of the end of the public comment period if:
(1) no meetings or hearings are requested
under part
7007.0850, subpart
3, during the public comment
period;
(2) there is no substantial
adverse public comment on the application; and
(3) there is no substantial adverse EPA
comment on the application.
If any of the circumstances in subitems (1) to (3) occur, the
agency shall take final action within nine months of receiving the complete
application.
C.
The agency shall take final action on applications for permits or permit
amendments not governed by items A and B within the period specified in this
item. The agency shall take final action on such an application for a permit,
permit reissuance, or major permit amendment within 18 months of receiving a
complete application. The agency shall take final action on such an application
for a minor permit amendment within 90 days of receiving a complete application
or for a moderate permit amendment within six months of receiving a complete
application, but not before the end of the administrator's 45-day review period
in the case of part 70 permits. The agency shall take final action on an
application for an administrative amendment within 60 days of receiving the
complete application.
[For text of items D to F, see M.R.]
D. If the applicant is required to submit
additional information under part
7007.0700, item D, and if the
applicant takes more than 30 days to provide the information, the agency may
extend a deadline under item A, B, or C by the amount of time it takes to
provide the information. The agency may also extend the deadlines under items
A, B, and C upon written request of the applicant.
E. Deadlines for agency action under this
part may be extended as described in this item for permitting actions subject
to environmental review under Minnesota Statutes, chapter 116D, and
implementing regulations. If the prohibition on final governmental decisions
under part
4410.3100 is in effect at any time
90 days prior to the deadline or later, the agency shall extend the deadline
until 90 days after the prohibition ends.
F. The deadlines in this subpart do not apply
to the extent they deviate from the requirements of federal regulations at Code
of Federal Regulations, title 40, section 72.73, as amended (Acid Rain Permits
Regulation).
Subp. 3.
Final action.
For purposes of this part and triggering judicial review,
final agency action on a request or an application includes issuing the permit
or amendment, denying the request or application, issuing a revised permit or
amendment, or failing to take any of these actions by the deadline applicable
under this part. However, the previous sentence shall not prevent the agency
from issuing a permit or amendment or denying a request or application after a
deadline has passed. If the agency denies the request or application it shall
explain why. If the agency revises a proposed permit or amendment which has
been subject to EPA review, it shall resubmit the amendment to the
administrator.
Subp. 4.
Transition period.
The timelines in subpart
2, item C, do not apply to
applications received prior to the date three years after EPA grants full
program approval.
Subp. 5.
Modification (installation and operation) permits for stationary sources
not previously required to obtain part 70 or state total facility
permit.
The agency may issue permits authorizing a modification or
change to a stationary source (an installation and operation permit) prior to
issuance of an operating permit covering the entire stationary source (a total
facility permit) if the agency finds:
A. the owners and operators have filed a
complete application for the proposed modification or change;
B. the modification will subject the owners
and operators of the stationary source to the requirement to obtain a permit
for the first time;
C. the delay
resulting from issuing the installation and operation permit and the total
facility permit at the same time would cause undue economic hardship on the
owners and operators of the stationary source; and
D. the agency has sufficient information
about the entire stationary source to be able to comply with the requirements
of part
7007.1000.
The requirements of parts
7007.0100 to
7007.1850 that apply to
modifications to a stationary source with a total facility permit shall also
apply to modifications authorized under this part. The owner or operator of a
stationary source that obtains an installation and operation permit for a
modification under item A, shall lose the right to operate the stationary
source if the owners and operators fail to submit an application for a total
facility permit in the time required by part
7007.0400, subpart
4, and shall be considered to
be in violation of part
7007.0150, subpart
1.
Subp. 6. [Repealed, 22 SR
1237]
Subp. 7.
Two-stage
issuance of permits and permit amendments authorizing construction or
modification.
A. If a permit or permit
amendment:
(1) authorizes construction or
modification;
(2) must follow the
45-day EPA review period procedures under part 7007.0950; and
(3) includes either:
(4) includes either:
(a) the requirements of a new source review
program under part C (Prevention of Significant Deterioration of Air Quality)
or part D (Plan Requirements for Nonattainment Areas) of the act; or
(b) an enforceable limitation assumed to
avoid being subject to a new source review program under part C or D of the
act, then the agency shall send the permit to the permittee after the
procedural requirements, including public participation procedures, of the
applicable new source review program have been satisfied or after all
requirements to avoid applicability of a new source review program have been
completed including any required notice and comment period. The agency shall at
the same time notify the permittee in writing that those permit conditions
required by the new source review program or developed to avoid applicability
of a new source review program and designated as such by the agency in the
permit or amendment, and only those conditions, shall be considered issued.
B. The
agency shall issue the remaining permit conditions (those not issued under item
A) after the EPA's 45-day review period described in part
7007.0950, and in compliance with
all other applicable provisions of parts
7007.0100 to
7007.1850. If there is no change
to the remaining permit conditions, the agency shall issue the remaining permit
conditions by means of notifying the permittee in writing that the remaining
permit conditions of the permit previously sent under item A shall be
considered issued.
C. The permittee
may begin actual construction and operation of a stationary source or
modification upon issuance of the conditions under item A to the extent
authorized by those conditions.
Subp.
8.
Two-stage issuance of permits subject to section
112(g)(2)(B) requirements.
A. If a
permit or permit amendment is subject to the requirements of section
112(g)(2)(B) of the act, the agency shall send the permit to the permittee
after all requirements of the section 112(g)(2)(B) program have been satisfied.
The agency shall at the same time notify the permittee in writing that those
permit conditions required by the section 112(g)(2)(B) program and designated
as such by the agency in the permit or amendment, and only those conditions,
shall be considered issued.
B. The
agency shall issue the remaining permit conditions (those not issued under item
A) after the Environmental Protection Agency's 45-day review period described
in part
7007.0950, and in compliance with
all other applicable provisions of parts
7007.0100 to
7007.1850. If there is no change
to the remaining permit conditions, the agency shall issue the remaining permit
conditions by means of notifying the permittee in writing that the remaining
permit conditions of the permit previously sent under item A shall be
considered issued.
C. The permittee
may begin actual construction and operation of a stationary source or
modification upon issuance of the conditions under item A to the extent
authorized by those conditions.
Statutory Authority: MS s
116.07