N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201-6.3 - Application and permit review by EPA and affected states

(a) 'Transmission of information to the administrator'.

(1) The department shall provide the administrator a copy of each title V permit application, including any application for permit modification, each proposed permit, and each final title V facility permit. Accessibility to the administrator of the application, proposed permit, or final permit on the department's computer system shall be considered equivalent to the submission of these documents to the administrator by the department. The applicant may be required by the department to provide a copy of the permit application (including the compliance plan) directly to the administrator. To the extent practicable, the preceding information shall be provided in computer-readable format compatible with the EPA national database management system.

(2) The administrator may waive the requirements of paragraph (1) of this subdivision and paragraph (b)(1) of this section for any category of emission sources (including any class, type, or size within such category) other than major facilities according to the following:

(i) by regulation for a category of emission sources nationwide; or

(ii) at the time of approval of the State program for a category of facilities covered by an individual permitting program.

(3) The department shall keep such records for five years and submit to the administrator such information as the administrator may reasonably require to ascertain whether the State program complies with the requirements of the act or of 40 CFR part 70 .

(b) 'Review by affected states'.

(1) The department shall give notice of each draft permit to any affected state on or before the time that the department provides this notice to the public under the requirements of this Part or Part 621 of this Title.

(2) The department, as part of the submittal of the proposed permit to the administrator (or as soon as possible after the submittal for minor permit modification procedures allowed under section 201-6.6 of this Subpart), shall notify the administrator and affected states in writing of any refusal by the department to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the department's reasons for not accepting any such recommendation. The department is not required to accept recommendations that are not based on applicable requirements or the requirements of this Part.

(3) Within five working days of receipt of a complete permit modification application, the department shall meet its obligation to notify the administrator and affected states of the requested permit modification . The department promptly shall send any required notice to the administrator.

(c) 'EPA objection'.

(1) The administrator may object to the issuance of any proposed permit determined by the administrator not to be in compliance with applicable requirements or requirements under this Part. No permit for which an application must be transmitted to the administrator 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.

(2) Any EPA objection shall include a statement of the administrator's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections. The administrator will provide the permit applicant a copy of the objection.

(3) Failure of the department to do any of the following also shall constitute grounds for an objection:

(i) comply with subdivisions (a) or (b) of this section;

(ii) submit any information necessary to review adequately the proposed permit; or

(iii) process the permit under the procedures approved to meet the public participation requirements of Part 621 of this Title except for minor permit modifications.

(4) If the department f ails to revise and submit a proposed permit in response to an objection with in 9 0 days of the objection, the administrator may issue or deny the permit in accordance with the requirements of the Federal program promulgated under title V of the act.

(d) 'Public petitions to the administrator'. If the administrator does not object in writing under subdivision (c) of this section, any person may petition the administrator within 60 days after the expiration of the administrator's 45-day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period, 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 department 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 department has issued a permit prior to receipt of an EPA objection under this paragraph, the administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in section 201-6.6 (e) of this Subpart, except in unusual circumstances, and the department may thereafter issue only a modified permit that satisfies EPA's objection. In any case, the facility owner and/or operator will not be in violation of the requirement to have submitted a timely and complete application.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-6.3

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021