Rule 11-2-6.5 - Permit Review by EPA and Affected State(s)A.Transmission of information to the Administrator.(1) The DEQ shall provide to the Administrator a copy of each permit application (including any application for permit modification), the statement required by Rule 6.4.A(3)., each proposed permit and each final Title V permit. If significant comment is received during the public participation process, the DEQ shall also provide to the Administrator the written response to comments (which shall include a written response to all significant comments raised during the public participation process on the draft permit and recorded under Rule 6.4.I(5).), and an explanation of how those public comments and the DEQ's responses are available to the public. The applicant may be required by the Permit Board to provide a copy of the permit application (including the compliance plan) directly to the Administrator. Upon agreement with the Administrator, the DEQ may submit to the Administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in computer-readable format compatible with EPA's national database management system.
(a) Where the public participation process for a draft permit concludes before the proposed permit is submitted to the Administrator, the statement required by Rule 6.4.A(3). and the written response to comments, if significant comments were received during the public participation process, must be submitted with the proposed permit along with other supporting materials required in Rule 6.5.A(1)., excepting the final permit.(b) In instances where the Administrator has received a proposed permit from the DEQ before the public participation process on the draft permit has been completed, the statement required by Rule 6.4.A(3). must be submitted with the proposed permit along with other supporting materials required in Rule 6.5.A(1)., excepting the final permit and the written response to comments. If the DEQ receives significant comment on the draft permit during the public participation process, but after the submission of the proposed permit to the Administrator, the DEQ shall make any revisions to the permit and permit record necessary to address such public comments, including preparation of a written response to comments (which shall include a written response to all significant comments raised during the public participation process on the draft permit and recorded under Rule 6.4.I(5).), and shall submit the proposed permit and the supporting material required under Rule 6.5.A(1)(a)., excepting the final permit, to the Administrator after the public comment period has closed.
(2) The DEQ shall keep such records for five years and submit to the Administrator such information as the Administrator may reasonably require.B.Review by Affected State(s).(1) The DEQ shall give notice of each draft permit to any Affected State(s) on or before the time that the DEQ provides this notice to the public.(2) As part of the submittal of the proposed permit to the Administrator (or as soon as possible after the submittal for minor permit modification procedure), the DEQ shall notify the Administrator and any Affected State(s) in writing of any refusal by the Permit Board to accept all recommendations for the proposed permit that the Affected State(s) submitted during the public or Affected State(s) review period. The notice shall include the Permit Board's reasons for not accepting any such recommendation. The Permit Board is not required to accept recommendations that are not based on applicable requirements or the requirements of these regulations.C.EPA objection.(1) No permit for which an application must be transmitted to the Administrator under Rule 6.5.A. shall be issued if the Administrator objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information required by Rule 6.5.A(1)., including under Rule 6.5.A(1)(a) or (b).(2) The DEQ shall within ninety (90) days after the date of an objection under Rule 6.5.C(1). revise and submit a proposed permit in response to the objection.D.Public petitions to the Administrator.If the Administrator does not object in writing under Rule 6.5.C., any person may petition the Administrator within 60 days after the expiration of the Administrator's 45-day review period to make such objection. Public petitions shall comply with the requirements of 40 CFR 70.12. The petitioner shall provide a copy of such petition to the Permit Board and the applicant. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Rule 6.4.I., unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period.
If the Administrator objects to the permit as a result of a petition filed under this paragraph, the Permit Board shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection. If the Permit Board has issued a permit prior to receipt of an EPA objection under this paragraph and the Administrator modifies, terminates, or revokes such permit, the Permit Board may thereafter issue only a revised permit that satisfies EPA's objection.
In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.
E.Prohibition on default issuance. A Title V permit (including a permit renewal or modification) will not be issued until Affected State(s) and EPA have had an opportunity to review the proposed permit as required under these regulations.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.