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24.0524 Stationary air pollution source permit application.

Cite as [A.S.A.C. § 24.0524]

(a) Except as stated in subsection (b), applications for stationary air pollution source permits shall be submitted to the director on forms furnished by the Commission. A copy of this form is appended hereto and incorporated by reference herein. The applicant shall further submit sufficient information to enable the Commission to make a decision on the application and to determine the fee requirements specified in 24.0540 and 24.0541.

(b) For air pollution emission sources required to obtain a federal operating permit under the provisions of 40 CFR Part 71, owners and operators may submit a copy of the federal permit application to the Commission in place of forms furnished by the Commission. The owner or operator must include with the application a form to calculate annual fees pursuant to section 24.0541. All signatures required on the application forms must be original signatures.

(c) Applications for initial stationary air pollution source permits shall include the following information:

(1) Identifying information about the stationary air pollution emission source, including name address, and phone number of: (A) The company (the plant if different from the company);

(B) The owner and the owner’s agent;

(C) The plant site manager or other contact; and

(D) The person responsible for recordkeeping, and the location where required records are to be kept.

(2) A description of the nature, location, design capacity, production capacity, production rates, fuels, fuel use, raw materials, and typical operating schedules to the extent needed to determine or regulate emissions; specifications and drawings showing the design of the source and plant layout; and a description of all processes and products by Standard Industrial Classification Code;

(3) Maximum emissions rates, including fugitive emissions, of all regulated and hazardous air pollutants and all air pollutants for which the source is major from each emissions unit. Emissions rates shall be reported in pounds per hour and tons per year and in such terms necessary to establish compliance consistent with the applicable requirements and standard reference test methods. All supporting emissions calculations and assumptions shall also be provided;

(4) Identification and detailed description of air pollution control equipment and compliance monitoring devices or activities as planned by the owner or operator of the source, and to the extent of available information, an estimate of emissions before and after controls;

(5) Current operational limitations or work practices, or for air pollution emission sources that have not yet begun operations, such limitations or practices which the owner or operator of the source plans to implement that affect emissions of any regulated or hazardous air pollutants at the source;

(6) All calculations and assumptions upon which paragraphs (2), (4) and (5) are based;

(7) A copy of any/all air pollution permits issued by the Commission or USEPA;

(8) A compliance plan and compliance certification pursuant to section 24.0528;

(9) Citation and description of all applicable requirements, a description of or reference to any applicable test method for determining compliance with each applicable requirement, and an explanation of all proposed exemptions from any applicable requirement.

(10) For proposed or new major sources or significant modifications:

(A) A detailed schedule for construction of the source or modification;

(B) For existing sources, an assessment of the ambient air quality impact of the air pollution emission source. The assessment shall include all supporting data, calculations and assumptions, and a comparison with the NAAQS;

(C) For new sources and significant modifications which increase the emissions of any air pollutant or result in the emission of any air pollutant not previously emitted, an assessment of the ambient air quality impact of the new source or significant modification, with the inclusion of any available background air quality data. The assessment shall include all supporting data, calculations and assumptions, and a comparison with the NAAQS; and

(D) An explanation of all proposed exemptions from any applicable requirement.

(11) At the request of the Commission, the following information must also be submitted:

(A) A risk assessment of the air quality related impacts caused by the source or significant modification to the surrounding environment;

(B) Results of source emission testing, ambient air quality monitoring, or both;

(C) Information on other available control technologies; and

(D) Other information deemed necessary to make a decision on the application or needed to implement and enforce other applicable requirements of the Clean Air Act or these Standards and Regulations, or to determine the applicability of such requirements; and

(12) A certification by a responsible official of truth, accuracy, and completeness of all submitted documents.

(d) Applications for renewals of stationary air pollution source permits are subject to the same requirements as an initial application. If the source is a federal oversight source, applications for renewal shall be submitted at least six (6) months prior to permit expiration. For all other air pollution emission sources, renewal applications are due 60 days prior to permit expiration. Late applications shall be subject to penalties pursuant to section 24.0542(d). Applicants shall submit a statement certifying whether any changes have been made in the design or operation of the source as proposed in the initial and any subsequent permit applications. If changes have occurred or are proposed, the applicant shall provide a description of those changes such as work practices, operations, equipment design, and monitoring procedures, including the affected applicable requirements associated with the changes and the corresponding information to determine the applicability of all applicable requirements. If the application for renewal has not been approved or denied within the time specified in subsection (j), the stationary air pollution source permit and all its terms and conditions shall remain in effect and not expire until the application for renewal has been approved or denied, provided the applicant has submitted any additional information within the reasonable deadline specified by the Commission.

(e) If an air pollution emission source includes insignificant sources - type I or insignificant sources - type II, the insignificant sources shall be exempt from the permit application requirements of subsection (a), provided:

(1) No such exemption interferes with the imposition of any applicable requirement or the determination of whether an air pollution emission source is subject to an applicable requirement; and

(2) The owner or operator can demonstrate to the director that the source meets the size, emission level, or production rate criteria specified in the definition of insignificant source.

(3) Insignificant sources - type I shall be identified in the air pollution control permit application. Insignificant sources - type II need not be identified in the air pollution control permit application. The Commission may request additional information on any insignificant source to determine the applicability of a fee requirement, or to impose any applicable requirement, or to determine the fee requirement specified in section ASAC 24.0534.

(f) Applications for modifications of stationary air pollution source permits are subject to the same requirement as an initial application. Applicants shall submit a description of the modification, identifying all proposed changes, including any changes to the source operations, work practices, equipment design, source emissions or any monitoring, record keeping, and recording procedures. Each change from the permit application for the existing stationary air pollution source permit shall be identified on the application for the permit modification.

(g) The Commission shall not continue to act upon or consider an incomplete application. An application shall be determined to be complete only when all of the following have been complied with:

(1) All information required or requested on the application form and pursuant to subsections (a) through (f);

(2) All documents requiring certification have been certified pursuant to section 24.0504;

(3) All applicable fees pursuant to sections 24.0540 through 24.0543 have been submitted; and

(4) The executive secretary has certified that the application is complete.

(h) The executive secretary shall notify the applicant in writing whether the application is complete within sixty (60) days of receipt of the application. Unless the executive secretary requests additional information or notifies the applicant of incompleteness within sixty (60) days after receipt of an application, the application shall be deemed complete.

(i) During the processing of an application that has been determined or deemed complete, if the executive secretary determines that additional information is necessary to evaluate or take final action on the application, the executive secretary may request such information in writing and set a reasonable deadline for a response.

(j) If an air pollution emission source is a federal oversight source, the Commission shall approve or deny an application for a stationary air pollution source permit within twelve (12) months after receipt of a complete application for an existing source, and within ninety (90) days after receipt of a complete application for a non-significant modification. For all other air pollution emission sources, the Commission shall approve, conditionally approve, or deny an application for a permit within twelve (12) months after receipt of a complete application for a new source, and within 90 days after receipt of a complete application for an existing source or modification.

(k) A stationary air pollution source permit for a new source or a significant modification shall be approved only if the Commission determines that the construction and operation of the new source or significant modification will be in compliance with all applicable requirements.

History: 2005