Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-30-7 - Permit Review by U.S. EPA and Affected States7.1. Transmission of information to U.S. EPA. 7.1.a. The Secretary shall provide to the U.S. EPA a copy of each permit application (including any application for a significant or minor permit modification), each fact sheet, each proposed permit, and each final Title V operating permit. The applicant may be required by the Secretary to provide a copy of the permit application (including the compliance plan) directly to the U.S. EPA. Upon agreement with the U.S. EPA, the Secretary may submit to the U.S. EPA 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 U.S. EPA's national database management system.7.1.b. If significant comment is received during the public participation process, the Secretary shall provide to U.S. EPA a written response to comments on the draft permit and an explanation of how those public comments and the response to comments document are available to the public.7.1.c. Sequential review. If the public participation process for a draft permit concludes before the proposed permit is submitted to the Administrator, the fact sheet and the written response to comments, if significant comment was received during the public participation process under subsection 6.8, shall be submitted with the proposed permit along with other supporting materials required under subdivision 7.1.a, excepting the final permit. U.S. EPA's forty-five (45) day review period for the proposed permit will begin when said materials have been received.7.1.d. Concurrent review. If the Secretary submits a proposed permit to U.S. EPA before the public participation process on the draft permit has been completed, the fact sheet shall be submitted with the proposed permit along with other supporting materials required under subdivision 7.1.a, excepting the final permit and the written response to comments.7.1.d.1. If the Secretary receives significant comment on the draft permit during the public participation process under subsection 6.8, U.S. EPA will no longer consider the submitted permit as a permit proposed to be issued under the CAA.7.1.d.2. If required by paragraph 7.1.d.1, the Secretary shall make revisions as needed to the permit and fact sheet to address such public comments and prepare a written response to comments according to subdivision 6.8.e. The Secretary shall submit the proposed permit and supporting material required under subdivision 7.1.a, excepting the final permit, to U.S. EPA after the public comment period has closed. U.S. EPA's review will begin after the proposed permit and supporting materials have been received.7.1.e. The Secretary shall retain for five (5) years such records and submit to U.S. EPA such information as U.S. EPA may reasonably require to ascertain whether the state Title V operating permit program complies with the requirements of the Clean Air Act.7.2. Review by affected states.7.2.a. The Secretary shall give notice of each draft permit to any affected state on or before the time that the Secretary provides this notice to the public under subsection 6.8, except to the extent subdivision 6.5.a allows the timing of the notice to be different.7.2.b. The Secretary, as part of the submittal of the proposed permit to U.S. EPA, (or as soon as possible after the submittal for minor permit modification procedures allowed under subdivision 6.5.a) shall notify U.S. EPA and any affected state in writing of any refusal by the Secretary to accept recommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the Secretary's reasons for not accepting any such recommendation. The Secretary is not required to accept recommendations that are not based on applicable requirements or the requirements of this rule.7.3. U.S. EPA objection. 7.3.a. A permit shall not be issued by the Secretary if U.S. EPA objects in writing to the issuance of the permit within forty-five (45) days of the receipt of the proposed permit.7.3.b. Any U.S. EPA objection under subdivision 7.3.a must contain a statement of U.S. EPA's reasons for objection and a description of the terms and conditions that U.S. EPA believes the permit must include to respond to the objections.7.4. Public petitions to the U.S. EPA. -- If the U.S. EPA does not object in writing under subsection 7.3, any person may petition U.S. EPA within sixty (60) days after the expiration of U.S. EPA's forty-five (45)-day review period to make such objection. The petitioner shall provide a copy of such petition to the Secretary and to 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 subsection 6.8, 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 U.S. EPA objects to the permit as a result of a petition filed under this subsection, the Secretary shall not issue the permit until U.S. 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 forty-five (45)-day review period and prior to an U.S. EPA objection.7.4.a. If the Secretary issued the permit prior to receiving the U.S. EPA's objection, the U.S. EPA will modify, terminate, or revoke such permit consistent with the requirements of 40CFR §§ 70.7(g)(4) or (g)(5)(i) and (ii) except in unusual circumstances. The Secretary may thereafter only issue a permit that satisfies the U.S. EPA's objection. The permittee will not be in violation of the requirement to submit a timely and complete application.7.4.b. Each public petition shall meet all requirements provided in 40CFR § 70.12.7.4.c. In reviewing public petitions, U.S. EPA will consider documents identified in 40CFR § 70.13.7.4.d. Each public petition shall be submitted in accordance with 40CFR § 70.14.7.5. Prohibition on default issuance. -- No Title V operating permit (including a permit renewal or modification) shall be issued by the Secretary until affected states and U.S. EPA have had an opportunity to review the proposed permit as required under this section.