58.01.01.367 - ACTION ON APPLICATION

58.01.01.367. ACTION ON APPLICATION

01. Issuance Conditions. Except as otherwise provided by these rules, a Tier I operating permit, or any portion thereof, may be issued only if all of the following conditions have been met: (3-20-20)T

a. The owner or operator has submitted a complete application in accordance with Section 361. (3-20-20)T

b. The public has been provided notice and opportunities for comment and a hearing in accordance with Section 364. (3-20-20)T

c. Affected States have been provided notice in accordance with Section 364 and Subsection 365.03. (3-20-20)T

d. The terms and conditions of the Tier I operating permit comply with Sections 321 through 336 including providing for compliance with all applicable requirements. (3-20-20)T

e. The EPA has been provided with the proposal and an opportunity to object and the Department has responded as required by Section 366. (3-20-20)T

02. Deadlines for Final Actions During Initial Period. Except as otherwise provided in these rules, during the initial period beginning May 1, 1994 and ending three (3) years after EPA approval of the Tier I operating program, the Department will prioritize all of the applications predicted to be submitted during the initial period considering the groups established in accordance with Subsection 313.02, if any. The prioritization will result in the Department taking final action on one-third (1/3) of all such permit applications during each of the one (1) year periods following EPA approval of the program. (3-20-20)T

03. Deadlines for Final Actions After Initial Period. Except as otherwise provided in these rules, during the period beginning three (3) years after EPA approval of the Tier I operating program, the Department shall take final action on complete applications within eighteen (18) months. (3-20-20)T

04. Deadline for Tier I Operating Permits with early Reductions. The Department shall take final action on any complete Tier I operating permit application containing an early reduction demonstration under 42 U.S.C. Section 7412(i)(5) within nine (9) months of receipt of the complete application. (3-20-20)T

05. Deadline for Tier I Operating Permits for Phase II Sources. The permitting of phase II sources shall occur in accordance with the deadlines in 42 U.S.C. Section 7651 through 7651o. (3-20-20)T

06. Copy to EPA. The Department shall send a copy of the final Tier I operating permit to EPA. (3-20-20)T

07. Original to Permittee. The Department shall send the original Tier I operating permit to the permittee. (3-20-20)T

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