R 336.1207 Denial of permits to install.

Rule 207. (1) The department shall deny an application for a permit to install if, in the judgment of the department, any of the following conditions exist: (a) The equipment for which the permit is sought will not operate in compliance with the rules of the department or state law. (b) Operation of the equipment for which the permit is sought will interfere with the attainment or maintenance of the air quality standard for any air contaminant. (c) The equipment for which the permit is sought will violate an applicable requirement of the clean air act, including any of the following: (i) Standards of performance for stationary sources, 40 C.F.R. part 60, adopted by reference in R 336.1902. (ii) National emission standards for hazardous air pollutants, 40 C.F.R. part 61, adopted by reference in R 336.1902. (iii) The requirements of prevention of significant deterioration of air quality, R 336.2801 to R 336.2819 and R 336.2823. (iv) The requirements of nonattainment new source review, R 336.2901 to R 336.2903, R 336.2907, and R 336.2908. (v) The requirements for control technology determinations for major sources in accordance with 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in R 336.1902. (d) Sufficient information has not been submitted by the applicant to enable the department to make reasonable judgments as required by subdivisions (a) to (c) of this subrule. (2) When an application is denied, the applicant shall be notified in writing of the reasons for the denial. A denial shall be without prejudice to the applicant's right to a hearing pursuant to section 5505(8) of the act or for filing a further application after revisions are made to meet objections specified as reasons for the denial.