Permit Review by EPA and Affected State(s)

Permit Review by EPA and Affected State(s). 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), each proposed permit and each final Title V permit. 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. (2) The DEQ shall keep such records for 5 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 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. (2) The DEQ shall within 90 days after the date of an objection revise and submit a proposed permit in response to the objection. D. Public petitions to the Administrator. If the Administrator objects to the permit as a result of a petition filed within 60 days after the expiration of the Administrator's 45-day review period to make such objection when no objection was made during that 45-day review period, 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 issue until Affected State(s) and EPA have had an opportunity to review the proposed permit as required.