CSR 45-30-7. Permit Review by U.S. EPA and Affected States

§45-30-7. Permit Review by U.S. EPA and Affected States. 7.1. Transmission of information to U.S. EPA. 7.1.a. The Secretary shall provide to the U.S. EPA a copy of each permit application (including any application for permit modification), each proposed permit, and each final Title V operating permit. The applicant may be required by the Secretary to provide a copy of the permit application (including the compliance plan) directly to the U.S. EPA. Upon agreement with the U.S. EPA, the Secretary may submit to the U.S. EPA 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 U.S. EPA's national database management system. 7.1.b. The Secretary shall retain for five (5) years such records and submit to U.S. EPA such information as U.S. EPA may reasonably require to ascertain whether the State program complies with the requirements of the Clean Air Act. 7.2. Review by affected states. 7.2.a. The Secretary shall give notice of each draft permit to any affected state on or before the time that the Secretary provides this notice to the public under subsection 6.8 of this rule, except to the extent paragraph 6.5.a allows the timing of the notice to be different. 7.2.b. The Secretary, as part of the submittal of the proposed permit to U.S. EPA, (or as soon as possible after the submittal for minor permit modification procedures allowed under paragraph 6.5.a) shall notify U.S. EPA and any affected state in writing of any refusal by the Secretary to accept recommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the Secretary’s reasons for not accepting any such recommendation. The Secretary is not required to accept recommendations that are not based on applicable requirements or the requirements of this rule. 7.3. U.S. EPA objection. 7.3.a. A permit shall not be issued by the Secretary if U.S. EPA objects in writing to the issuance of the permit within forty-five (45) days of the receipt of the proposed permit and all necessary supporting information pursuant to §505 of the Clean Air Act. 7.3.b. For consideration by the Secretary as a U.S. EPA objection under paragraph 7.3.a, the objection must contain a statement of U.S. EPA's reasons for objection and a description of the terms and conditions that U.S. EPA believes the permit must include to respond to the objections. 7.4. Public petitions to the U.S. EPA. If the U.S. EPA does not object in writing under subsection 7.3 of this section, any person may petition U.S. EPA within sixty (60) days after the expiration of U.S. EPA's forty-five (45)-day review period to make such objection. 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 subsection 6.8 of this rule, 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 U.S. EPA objects to the permit as a result of a petition filed under this subsection, the Secretary shall not issue the permit until U.S. 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 forty-five (45)-day review period and prior to an U.S. EPA objection. [NOTE: In accordance with the provisions of the Clean Air Act and federal rules promulgated thereunder, U.S. EPA may issue, deny, modify, terminate, or revoke a Title V permit upon failure of the Secretary to resolve a U. S. EPA objection to a proposed permit or if the Secretary issues a permit prior to the receipt of a U.S. EPA objection under subsections 7.3 and 7.4.] 7.5. Prohibition on default issuance. No Title V operating permit (including a permit renewal or modification) shall be issued by the Secretary until affected states and U.S. EPA have had an opportunity to review the proposed permit as required under this section.