Iowa Admin. Code r. 567-22.139 - [Effective until 6/19/2024] Acid rain permit appeal procedures
(1) Appeals of the
acid rain portion of a Title V operating permit issued by the department that
do not challenge or involve decisions or actions of the administrator under 40
CFR Parts 72, 73, 75, 76, 77, and 78 and Sections 407 and 410 of the Act and
regulations implementing Sections 407 and 410 shall be conducted according to
the procedures in Iowa Code chapter 17A and 561-Chapter 7, as adopted by
reference at 567-Chapter 7. Appeals of the acid rain portion of such a permit
that challenge or involve such decisions or actions of the administrator shall
follow the procedures under 40 CFR Part 78 and Section 307 of the Act . Such
decisions or actions include, but are not limited to, allowance allocations,
determinations concerning alternative monitoring systems, and determinations of
whether a technology is a qualifying repowering technology.
(2) No administrative appeal or judicial
appeal of the acid rain portion of a Title V operating permit shall be allowed
more than 30 days following respective issuance of the acid rain portion of the
permit that is subject to administrative appeal or issuance of the final agency
action subject to judicial appeal.
(3) The administrator may intervene as a
matter of right in any state administrative appeal of an acid rain permit or
denial of an acid rain permit.
(4)
No administrative appeal concerning an acid rain requirement shall result in a
stay of the following requirements:
a. The
allowance allocations for any year during which the appeal proceeding is
pending or is being conducted;
b.
Any standard requirement under rule
567-22125.
(455B);
c. The emissions monitoring
and reporting requirements applicable to the affected units at an affected
source under rule
567-252.
(455B);
d. Uncontested provisions
of the decision on appeal; and
e.
The terms of a certificate of representation submitted by a designated
representative under Subpart B of 40 CFR Part 72.
(5) The department will serve written notice
on the administrator of any state administrative or judicial appeal concerning
an acid rain provision of any Title V operating permit or denial of an acid
rain portion of any Title V operating permit within 30 days of the filing of
the appeal.
(6) The department will
serve written notice on the administrator of any determination or order in a
state administrative or judicial proceeding that interprets, modifies, voids,
or otherwise relates to any portion of an acid rain permit. Following any such
determination or order, the administrator will have an opportunity to review
and veto the acid rain permit or revoke the permit for cause in accordance with
subrules 22.107(7) and 22.107(8).
Notes
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