129 Neb. Admin. Code, ch. 15, § 004 - Group processing of minor operating permit revisions

004.01 The Director, at his or her discretion, may modify the minor permit revision procedures in 003 above to process groups of a source's applications for certain revisions eligible for minor permit revision procedures.
004.02 Group processing of revisions may only be used for those permit revisions:
004.02A That meet the criteria for minor permit revision procedures under 003 above; and
004.02B That collectively are below the following threshold level: 10 percent of the emissions allowed by the permit for the emissions unit for which the change is requested, 20 percent of the applicable definition of major source for purposes of Class I permitting, or five tons per year, whichever is less.
004.03 A permittee may request the use of group processing procedures in this section by submitting the application forms for a Class I or Class II operating permit, identified in 003.03, and shall include the following:
004.03A A description of the change, the emissions resulting from the change, and any new applicable requirements or applicable requirements under the Act that will apply if the change occurs;
004.03B The source's suggested draft permit language;
004.03C Certification by a responsible official, in accordance with Chapter 7, section 008, that the proposed revision meets the criteria for use of group processing procedures and a request that such procedures be used;
004.03D A list of the source's other pending applications awaiting group processing, and a determination of whether the requested revision, aggregated with these other applications, equals or exceeds the threshold set under 004.02B above;
004.03E For Class I permit revisions only, one (1) original and (1) copy of completed forms for use by the Department to notify the Administrator of EPA and affected States.
004.03E1 Within five (5) working days of receipt of a complete application for the group processing of a source's minor permit revision requests, the Department shall notify the Administrator of EPA and affected States of the request for group processing.
004.03E2 Affected States shall have 30 days to review and comment on the request. The Department shall notify EPA and any affected State in writing of any refusal by the Department to accept all recommendations for the proposed permit revision that the affected State has submitted.
004.03E3 EPA shall have 45 days to review and comment on requests for group processing of minor permit revisions. The Department shall not issue a final permit revision until after EPA's 45 day review period or until EPA has notified the Department that EPA will not object to issuance of the permit revision, whichever is first.
004.04 Within 180 days of receipt of the application for group processing of minor permit revisions or 15 days after the end of the EPA's 45 day review period, whichever is later, the Director shall:
004.04A Issue the permit revision as proposed;
004.04B Deny the permit revision application;
004.04C Determine that the requested permit revision does not meet the criteria for group processing in 004.02 and should be reviewed under the significant revision procedures; or
004.04D Revise the draft permit revision and, for Class I operating permit revisions only, transmit to the Administrator of EPA the new proposed Class I permit revision as required by 004.03E3 above.
004.05 A source submitting a complete request for group processing of minor permit revisions may make the change proposed immediately after it files the application unless notified by the Department that the request does not qualify as a minor permit revision. After the source makes the change, and until the Department takes action under 004.04A through 004.04C above, the source must comply with both the applicable requirements and applicable requirements under the Act governing the change and the proposed permit terms and conditions. If the source fails to comply with its proposed permit terms and conditions during this interim period, the existing permit terms and conditions the source seeks to revise may be enforced and such failure to comply shall be cause for denial of the minor permit revision request.
004.06 The permit shield described in Chapter 8, section 014, shall not apply to group processed minor permit revisions.


129 Neb. Admin. Code, ch. 15, § 004

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