11 MAC Pt. 2, R. 6.4
Permit Issuance(s), Renewal(s), Reopening(s), And Revision(s)
Cite as 11 Miss. Admin. Code Pt. 2, R. 6.4
Permit Issuance(s), Renewal(s), Reopening(s), And Revision(s).
A.
Action on application.
(1)
A permit, permit modification, or renewal may be issued only upon satisfaction of
the conditions that follow:
(a)
the DEQ has received a complete application for a permit, permit
modification, or permit renewal, except that a complete application need
not be received before issuance of a general permit under Rule 6.3.D. of
these regulations;
(b)
except for modifications qualifying for minor permit modification
procedures under this section, the DEQ has complied with the
requirements for public participation under this section;
(c)
the DEQ has complied with the requirements for notifying and responding
to Affected State(s) under Rule 6.5.B. of these regulations;
(d)
the conditions of the permit provide for compliance with all applicable
requirements and the requirements of these regulations; and
(e)
the Administrator has received a copy of the proposed permit and any
notices required under Rule 6.5.A. and Rule 6.5.B. of these regulations,
and has not objected to issuance of the permit under Rule 6.5.C. of these
regulations within the time period specified therein.
(2)
Except as provided under the initial transition plan or under regulations
promulgated under Title IV or Title V of the Federal Act for the permitting of
affected sources under the acid rain program, the Permit Board shall take final
action on each permit application (including a request for permit modification or
renewal) within 180 days or as otherwise provided for under State Law, after
receiving a complete application.
(3)
The DEQ shall provide a statement that sets forth the legal and factual basis for
the draft permit conditions (including references to the applicable statutory or
regulatory provisions). The DEQ shall send this statement to any person upon a
written request and to EPA.
(4)
The submittal of a complete application shall not affect the requirement that any
source have a Construction Permit.
B.
Requirement for a permit. Except as provided in the following sentence and paragraphs
of this section, no Title V source may operate after the time that it is required to submit a
timely and complete application, except in compliance with a Title V permit. If a Title V
source submits a timely and complete application for permit issuance (including for
renewal), the source's failure to have a Title V permit is not a violation of these
regulations until the Permit Board takes final action on the permit application, except as
noted in this section. This protection shall cease to apply if, subsequent to the
completeness determination made pursuant to Rule 6.2.A(2). and as required by Rule
6.2.A(2). of these regulations, the applicant fails to submit by the deadline specified in
writing by the DEQ any additional information identified as being needed to process the
application.
C.
Permit renewal and expiration.
(1)
Permits being renewed are subject to the same procedural requirements, including
those for public participation, Affected State(s) review and EPA review, that
apply to initial permit issuance; and
(2)
Permit expiration terminates the source's right to operate unless a timely and
complete renewal application has been submitted consistent with Rule 6.4.B. and