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.
Notes
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.
Amended
9/1/2022
Amended
8/19/2024
