Rule 11-2-6.4 - Permit Issuance(s), Renewal(s), Reopening(s), And Revision(s)A.Action on application.(1) A permit, permit modification, or renewal may be issued only upon satisfaction of the conditions that follow: (a) the DEQ has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under Rule 6.3.D. of these regulations;(b) except for modifications qualifying for minor permit modification procedures under this section, the DEQ has complied with the requirements for public participation under this section;(c) the DEQ has complied with the requirements for notifying and responding to Affected State(s) under Rule 6.5.B. of these regulations;(d) the conditions of the permit provide for compliance with all applicable requirements and the requirements of these regulations; and(e) the Administrator has received a copy of the proposed permit and any notices required under Rule 6.5.A. and Rule 6.5.B. of these regulations, and has not objected to issuance of the permit under Rule 6.5.C. of these regulations within the time period specified therein.(2) Except as provided under the initial transition plan or under regulations promulgated under Title IV or Title V of the Federal Act for the permitting of affected sources under the acid rain program, the Permit Board shall take final action on each permit application (including a request for permit modification or renewal) within 180 days or as otherwise provided for under State Law, after receiving a complete application.(3) The DEQ shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The DEQ shall send this statement to any person upon a written request and to EPA.(4) The submittal of a complete application shall not affect the requirement that any source have a Construction Permit.B.Requirement for a permit. Except as provided in the following sentence and paragraphs of this section, no Title V source may operate after the time that it is required to submit a timely and complete application, except in compliance with a Title V permit. If a Title V source submits a timely and complete application for permit issuance (including for renewal), the source's failure to have a Title V permit is not a violation of these regulations until the Permit Board takes final action on the permit application, except as noted in this section. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to Rule 6.2.A(2). and as required by Rule 6.2.A(2). of these regulations, the applicant fails to submit by the deadline specified in writing by the DEQ any additional information identified as being needed to process the application. C.Permit renewal and expiration.(1) Permits being renewed are subject to the same procedural requirements, including those for public participation, Affected State(s) review and EPA review, that apply to initial permit issuance; and(2) Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted consistent with Rule 6.4.B. and Rule 6.2.A(1)(c). of these regulations.D.Administrative permit amendments.(1) An "administrative permit amendment" is a permit revision that revises a permit as follows: (a) corrects typographical errors;(b) identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;(c) requires more frequent monitoring or reporting by the permittee; or(d) allows for a change in ownership or operational control of a source in accordance with Rule 6.4.D(4).(2) Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Federal Act.(3)Administrative permit amendment procedures. Any administrative permit amendment except for change in ownership or operational control may be made by the DEQ consistent with the following: (a) The DEQ shall take no more than sixty (60) days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or Affected State(s) provided that it designates any such permit revisions as having been made pursuant to this paragraph.(b) The DEQ shall submit a copy of the revised permit to the Administrator.(c) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.(4)Permit Transfer. An administrative permit amendment may be made by the Permit Board authorizing changes in ownership or operational control consistent with the following: (a) the Permit Board shall take action within sixty (60) days after receipt of a completed request for a permit transfer, unless a public hearing is scheduled. The Permit Board may incorporate such changes without providing notice to the public or affected State(s) provided that it designates any such permit revision as having been made pursuant to this paragraph.(b) A permit transfer shall be approved upon satisfaction of the following: (1) the applicant for transfer approval can demonstrate to the Permit Board it has the financial resources, operational expertise and environmental compliance history over the last five years to insure compliance with the terms and conditions of the permit to be transferred except where this conflicts with State Law, and(2) the Permit Board determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the DEQ.(c) The DEQ shall submit a copy of the revised permit to the Administrator.E.Permit Modification. A permit modification is any revision to a Title V permit that cannot be accomplished under the program's provisions for administrative permit amendments under Rule 6.4.D. A permit modification for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Federal Act. (1)Minor permit modification procedures.(a) Minor permit modification procedures may be used only for those permit modifications that satisfy the following: (1) do not violate any applicable requirement;(2) do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;(3) do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;(4) do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include the following:(i) a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I; and(ii) an alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of the Federal Act;(5) are not modifications under any provision of Title I of the Federal Act; and(6) are not required by Commission regulations to be processed as a significant modification.(b) Notwithstanding other paragraphs of this rule, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by EPA.(c)Application. An application requesting the use of minor permit modification procedures shall meet the requirements of Rule 6.2.C. of these regulations and shall include the following: (1) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;(2) the source's suggested draft permit;(3) certification by a responsible official, consistent with Rule 6.2.E., that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and(4) completed forms for the DEQ to use to notify the Administrator and Affected State(s) as required under Rule 6.5.(d)EPA and Affected State(s) notification. Within five (5) working days of receipt of a complete permit modification application, the DEQ shall notify the Administrator and Affected State(s) of the requested permit modification. The DEQ shall promptly send any notice required under Rule 6.5.B(2). to the Administrator. (e)Timetable for issuance. The Permit Board may not issue a final permit modification until after EPA's 45-day review period or until EPA has notified the DEQ that EPA will not object to issuance of the permit modification, whichever is first, although the Permit Board can approve the permit modification prior to that time. Within ninety (90) days of the DEQ's receipt of an application under minor permit modification procedures or fifteen (15) days after the end of the Administrator's 45-day review period under Rule 6.5.C., whichever is later, the Permit Board shall take one of the actions as follows: (1) issue the permit modification as proposed;(2) deny the permit modification application;(3) determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or(4) revise the draft permit modification and transmit to the Administrator the new proposed permit modification as required by Rule 6.5.A.(f)Source's ability to make change. The source may make the change proposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until the Permit Board takes any of the actions specified in Rule 6.4.E(1)(e)(1) (4) the source must comply with both the applicable requirements governing the change and the proposed terms and conditions of the permit. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with the proposed terms and conditions of its permit during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.(g)Permit shield. The permit shield does not extend to minor permit modifications.(2)Group processing of minor permit modifications. Consistent with this paragraph, the Permit Board may modify the procedure to process groups of a source's applications for certain modifications eligible for minor permit modification processing. (a)Criteria. Group processing of modifications may be used only for those permit modifications which satisfy the following:(1) meet the criteria for minor permit modification procedures and(2) collectively, are below the threshold level. This threshold shall be ten percent (10%of the emissions allowed by the permit for the emissions unit for which the change is requested, twenty percent (20%) of the applicable definition of major source or five (5) tons per year, whichever is least.(b)Application. An application requesting the use of group processing procedures shall meet the requirements of Rule 6.2.C. and shall include the following: (1) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;(2) the source's suggested draft permit;(3) certification by a responsible official consistent with Rule 6.2.E., that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used;(4) a list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under this rule;(5) certification that the source has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modification;(6) completed forms for the DEQ to use to notify the Administrator and Affected State(s) as required.(c)EPA and Affected State(s) notification. On a quarterly basis or within five business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level, whichever is earlier, the DEQ promptly shall notify the Administrator and Affected State(s) of the requested permit modifications. The DEQ shall send any notice required under Rule 6.5.B(2). to the Administrator. (d)Timetable for issuance. The provisions of Rule 6.4.E(1)(e). shall apply to modifications eligible for group processing, except that the Permit Board shall take one of the actions specified in Rule 6.4.E(1)(e)(1) (4). within 180 days of receipt of the application or 15 days after the end of the Administrator's 45-day review period whichever is later. (e)Source's ability to make change. The provisions of Rule 6.4.E(1)(f). shall apply to modifications eligible for group processing.(f)Permit shield. The provisions of Rule 6.4.E(1)(g). of this rule shall also apply to modifications eligible for group processing.(3)Significant modification procedures.(a)Criteria. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative amendments. The DEQ shall determine whether a modification is significant. At a minimum, every significant modification in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall be considered significant. Nothing herein shall be construed to preclude the permittee from making changes consistent with these regulations that would render existing permit compliance terms and conditions irrelevant.(b) Significant permit modifications shall meet all requirements of these regulations, including those for applications, public participation, review by Affected State(s), and review by EPA, as they apply to permit issuance and permit renewal.F.Operational Flexibility. A permitted facility is authorized to make the changes described below within their facility without requiring a permit revision, if the changes are not modifications under any provision of Title I of the Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions), provided that the facility provides the Administrator and the DEQ with written notification as required below in advance of the proposed changes, which shall be a minimum of seven (7) days, unless other applicable regulations specify a different time frame for emergencies. The source, DEQ, and EPA shall attach each such notice to their copy of the relevant permit. (1) The permitted sources are allowed to make Section 502(b)(10) changes without requiring a permit revision, if the changes are not modifications under any provision of Title I of the Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions). (a) For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.(b) The permit shield described in Rule 6.3.F. shall not apply to any change made pursuant to Rule 6.4.F(1).(2) The DEQ may provide for permitted sources to trade increases and decreases in emissions in the permitted facility, where the Mississippi State Implementation Plan (SIP) provides for such emissions trades without requiring a permit revision and based on the 7-day notice prescribed herein. This provision is available in those cases where the permit does not already provide for such emissions trading.(a) The written notification required above shall include such information as may be required by the provision in the SIP authorizing the emissions trade, including at a minimum, when the proposed change will occur, a description of each such change, any change in emissions, the permit requirements with which the source will comply using the emissions trading provisions of the SIP, and the pollutants emitted subject to the emissions trade. The notice shall also refer to the provisions with which the source will comply in the SIP and that provide for the emissions trade.(b) Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to requirements of the SIP authorizing the emissions trade.(c) The permit shield described in Rule 6.3.F. shall not apply to any change made pursuant to Rule 6.4.F(2).(3) The DEQ shall, if a permit applicant requests it, issue permits that contain terms and conditions, including all terms required under Rule 6.3.A. and 6.3.C. to determine compliance, allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The DEQ shall not be required to include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall also require compliance with all applicable requirements. (a) The written notification required above shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.(b) The permit shield described in Rule 6.3.F. shall apply to any changes made pursuant to Rule 6.4.F(3).G.Reopening for cause.(1) Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances: (a) Additional applicable requirements under the Federal Act become applicable to a major Title V source with a remaining permit term of three or more years. Such a reopening shall be completed no later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended.(b) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.(c) The Permit Board or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.(d) The Administrator or the Permit Board determines that the permit must be revised or revoked to assure compliance with the applicable requirements.(2) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.(3) Reopenings shall not be initiated before a notice of such intent is provided to the Title V source by the DEQ at least thirty (30) days in advance of the date that the permit is to be reopened, except that the Permit Board may provide a shorter time period in the case of an emergency.H.Reopenings for cause by EPA.(1) The DEQ shall within ninety (90) days after receipt of notification from the Administrator that cause exists to terminate, modify, or revoke and reissue a permit, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate.(2) The Permit Board shall have ninety (90) days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and issue the permit in accordance with the Administrator's objection.I.Public participation. Except for administrative permit amendments and modifications qualifying for minor permit modification procedures, all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall comply with the following procedures for public notice: (1) Notice shall be given to the public by posting the notice and draft permit on the DEQ's website for the duration of the public comment period. In addition, notice shall be given to persons on a mailing list developed by the DEQ using generally accepted methods that enable interested parties to subscribe to the mailing list. The DEQ may update the mailing list periodically by requesting written indication of continued interest from those listed. The DEQ may delete from the list the name of any person who fails to respond to such a request within a reasonable timeframe. The DEQ may also use other means to provide adequate notice to the affected public.(2) The notice shall identify the following: (a) the affected facility;(b) the name and address of the permittee;(c) the name and address of the Permit Board;(d) the activity or activities involved in the permit action;(e) the emissions change involved in any permit modification;(f) the name, address, and telephone number of a person (or an email or website address) from whom interested persons may obtain additional information, including copies of the draft permit, the statement required by Rule 6.4.A(3). for the draft permit, the application, all relevant supporting materials including any compliance plan and monitoring and compliance certification report pursuant to section 503(e) of the Federal Act (except for information entitled to confidential treatment pursuant to section 114(c) of the Federal Act), and all other materials available to the Permit Board (except for publicly-available materials and publications) that are relevant to the permit decision;(g) a brief description of the comment procedures required by these regulations; and(h) the time and place of any hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled).(3) The DEQ shall provide notice and opportunity for participation by Affected State(s) as is provided for by Rule 6.5.(4)Timing. The DEQ shall provide at least thirty (30) days for public comment and shall give notice of any public hearing at least thirty (30) days in advance of the hearing;(5) The DEQ shall keep a record of all commenters and also of the issues raised during the public participation process, as well as records of the written comments submitted during that process, so that the Administrator may fulfill his obligation under section 505(b)(2) of the Federal Act to determine whether a citizen petition may be granted. Such records shall be available to the public.(6) The DEQ shall respond in writing to all significant comments raised during the public participation process, including any such written comments submitted during the public comment period and any such comments raised during any public hearing on the permit.Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-17-28, 49-17-29, 49-17-30, 49-17-32, 49-2-1, et seq. and 49-17-1, et seq.