002.01 Duty to Apply and Timely Application.
002.01A The owner or operator of a source
that becomes subject to the Class I operating permit program at any time
following the effective date of these regulations will file an application
pursuant to 40 CFR § 70.5(a)(1).
002.01B An owner or operator subject to the
regulation to obtain a Class II operating permit for a source will file an
operating permit application for that source within 12 months of the date on
which the source first becomes operational or otherwise subject to the
requirement to obtain an operating permit.
002.01C For purposes of permit renewal, a
timely application is one that is submitted at least six months, but no longer
than 18 months prior to the date of permit expiration.
002.02 Complete Application for a Class I or
a Class II Operating Permit. An application will be deemed complete pursuant to
40 CFR § 70.5(a)(2).
002.03
Confidential Information for Class I and Class II Permits. A source which has
submitted information to the Department under a claim of confidentiality
pursuant to Title 115 - Rules of Practice and Procedure, may be required by the
Department to submit a copy of such information to the EPA. Applicant name,
source location, compliance plan, schedule of compliance, monitoring reports,
certification, emission data, and issued permits will be available to the
public.
002.04 Duty to Supplement
or Correct an Application for a Class I or a Class II Operating Permit.
Applicant will comply with requirements in 40 CFR § 70.5(b).
002.05 Standard Application Form and Required
Information for a Class I or Class II Operating Permit Application.
002.05A The owner or operator of a source
required to obtain a Class I operating permit will submit an application on
standard forms available from the Department.
002.05B The applicant will include, at a
minimum, information pursuant to 40 CFR § 70.5(c)(1) through 70.5(c)(10),
and the following:
002.05B1 The Source
Classification Code as published by EPA's Office of Air Quality Planning and
Standards including any associated with an alternate scenario identified by the
source.
002.05B2 All emissions,
both actual and potential, of regulated air pollutants.
002.05B3 Emissions rates in tpy and in such
terms as are necessary to establish compliance consistent with the applicable
standard reference test method or alternative method as approved by the
Director.
002.05B4 Limitations on
source operation affecting emissions, including physical or operational
limitations on potential to emit for all Class II sources.
002.05B5 The applicant will indicate any
emission points at the facility for which the applicant intends to request
coverage under a general permit.
002.05B6 A Class I source may request a
permit shield pursuant to 40 CFR § 70.6(f)(2).
002.05B7 An explanation of any proposed
exemption from an applicable requirement.
002.05C The Director may develop a list of
insignificant activities pursuant to 40 CFR § 70.5(c). The list will be
made available by the Department and updated as necessary. The Director may
consider the following criteria in developing the list of insignificant
activities:
002.05C1 Support activities may be
listed as insignificant if they are not themselves marketed or traded, and do
not use equipment or materials of a size or nature that are themselves subject
to an applicable requirement under the Act or this Title;
002.05C2 Activities or emission units which
can be determined to result in air contaminant emissions less than those
specified in 001.01 of this Chapter based on size, capacity or an expectation
of incidental usage may be determined to be insignificant. The Director may
consider standard industrial practices and the results of rulemaking efforts
under the Act in establishing such thresholds;
002.05C3 Laboratory and research and
development activities may be listed as insignificant activities only if
conducted in the nonprocess areas of the facility. If the principal activity of
a site is laboratory services or research and development for other locations
or under contract, such activities are significant for purposes of
permitting;
002.05C4 The
Compilation of Air Pollutant Emission Factors (AP-42 emission factors) or
comparable data may be considered when determining insignificant use or storage
thresholds. For hazardous air pollutants, the Director may consider any de
minimis emission level established by the EPA under Part 112(g) of the Act or a
storage or use level established in any federal or state standard.
002.05C5 Insignificant activities listed for
exclusion in the permit application pursuant to 40 CFR § 70.5(c) will also
apply to Class II sources.
002.05D The list of insignificant activities
will describe classes of activities that may be excluded from the permit
application or only listed with a limited amount of support data. The applicant
will provide information which the list will specify necessary to determine if
a specific activity, piece of equipment or group of items is subject to an
applicable requirement under the Act or this Title. The Department may request
additional information as determined necessary. Inclusion of an activity,
emission unit or specific use or storage of a regulated pollutant on the list
does not absolve an applicant from any applicable requirements under the Act or
this Title to which such an activity or emission unit is otherwise
subject.
002.05E Emissions from
insignificant activities are included in the determination of whether a source
will obtain a Class I or Class II operating permit.
002.06 Certification for Class I and Class II
Permits. Any application form, report, or compliance certification submitted
will comply with requirements found in 40 CFR Part 70.5(d).
002.07 For Class I permits, the regulations
found at 40 CFR § 70.7(a)(2) and (5) are adopted and incorporated by
reference.
002.08 The Department
shall prepare a statement that sets forth the legal and factual basis for the
draft Class I permit conditions, including references to the applicable
statutory and regulatory provisions. This statement shall accompany the draft
permit sent to EPA, and be made available to any person who requests
it.
002.09 For Class I and Class II
sources, the submittal of a complete application will not affect the
requirement that any source have a construction permit.
