MARKED VERSION OF MODEL IMPLEMENTATION AGREEMENT
OPERATING PERMITS PROGRAM
June 30, 1993
This file on the Environmental Protection Agency's (EPA)
electronic bulletin boards contains a marked version of EPA's
Model Implementation Agreement (IA) for the operating permits
program which indicates changes made since the draft Model IA was
made available for review and comment in September 1992. The
marked version shows by the "strikeout" font in WordPerfect 5.1
the material that was deleted from the September draft.
(Example of strikeout font)
The material added since the September draft is shown by the
"double underline" font in WordPerfect 5.1.
(Example of double underline font)
For both this marked version and the final IA, clarifying
comments within the IA are shown by the "redline" font in
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MARKED VERSION
CHANGES MADE DUE TO REVIEWER COMMENTS
June 30, 1993
IMPLEMENTATION AGREEMENT
BETWEEN
[THE PERMITTING AGENCY]
AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION __
AIR QUALITY OPERATING PERMITS PROGRAM
I. GENERAL
A. This implementation agreement (IA) defines policies,
responsibilities, and procedures, pursuant to Part 70 of
Chapter I of Title 40 of the Code of Federal Regulations
(Part 70), by which the operating permits program will be
administered by both the [State and/or local or Indian
tribe] permitting agency and the Environmental Protection
Agency (EPA). Such agreement will be maintained consistent
with the Clean Air Act (Act) and other existing regulations,
notably State implementation plans (SIP's). The provisions
of this IA include strategies and priorities for all aspects
of operating permit issuance, compliance monitoring, and
enforcement. [Specify if the IA is for an interim approval
and add a section describing, to the extent necessary, any
actions to be taken by either party to obtain full program
approval.]
B. This agreement is entered into by the Director of the
air permitting agency (hereinafter "the permitting agency")
and the EPA Regional Administrator [or his/her designee such
as the Air Division Director], Region __ (hereinafter
"EPA"). [This can be a separate agreement between EPA and
another permitting authority, such as an Indian tribe or
local agency, that would administer its own program separate
from the State.] The geographic area covered by this IA is
[specify the geographic area covered by the program for
which this IA is written such as the whole State, the part
of the State not covered by other programs, Indian lands, or
local agency jurisdictions]. plus note how other areas of
the State not covered by this IA will be covered by a
permitting program This IA encompasses responsibilities of
all agencies, State or local or Indian tribes, who will
administer any part of the permitting program covered by
this IA. [If appropriate, list all other agencies that will
assist in implementing the program such as any local agency
or other State agencies that perform part of the permitting
function and indicate their responsibilities in this IA.]
C. Nothing in this IA shall be construed to restrict in
any way EPA's authority to fulfill its oversight and
enforcement responsibilities under the Act. Nothing in this
IA shall be construed to contravene any provision of
Part 70. This IA is in addition to, and does not
contravene, the following other agreements [specify any
agreements such as new source review (NSR) implementation or
enforcement agreements].
D. This IA shall become effective upon signature by both
or all parties, which shall be on or shortly after at the
time of approval of the operating permits program by EPA,
which shall be the date the notice of approval is published
in the Federal Register[or other date, if appropriate].
E. This IA may be modified only after mutual consent of
both or all parties for any purpose. Any revisions or
modifications to this IA must be in writing and must be
signed by the permitting agency and EPA. This IA will
remain in effect unless, and until, EPA withdraws approval
of all or a part of the permitting agency's program and
promulgates a Federal permits program under Title V of the
Act.
II. POLICY STATEMENT
A. Each party is responsible for ensuring that its
obligations under Part 70 and Title V of the Act are met.
Both parties agree to maintain a high level of
communication, cooperation, and coordination between their
respective staffs to assure successful and effective
administration of the operating permits program.
B. The permitting agency has primary responsibility for:
1. Administering the program in accordance with Part
70, applicable State/local law, objectives of the
Act, EPA policies and guidance, and this IA.
2. Implementing any special conditions associated
with approval of the program.
3. Making any changes to the approved program
necessitated by regulatory or policy changes.
4. Sharing information with EPA regarding
administration of the program without restriction
and in a form specified by EPA (describe)
including computer-readable files to the extent
practicable.
C. The EPA has responsibility for:
1. Reviewing permits and providing effective
oversight of the operating permits program to
ensure consistency with Part 70 and this IA and to
promote national consistency in implementation of
the Act.
2. Providing ongoing technical and other assistance
on permit matters as requested.
3. Informing the permitting authority as soon as
possible about new EPA regulations and any related
litigation results or settlements, new Federal
standards, implementation information, or related
Federal policies, the effect of these new
requirements, and the action needed.
III. PROGRAM IMPLEMENTATION
A. Both EPA and the permitting agency will maintain a list
[specify location or include in the IA] of contact persons
involved with implementation of the permits program.
B. The EPA and permitting agency agree to participate in
[monthly or other] conference calls [day of the month] as
needed [specify schedule if periodic calls are set up] to
discuss program implementation and discuss specific issues
which need resolution. Either party may call meetings to
review operating procedures, resolve problems, or discuss
concerns regarding program implementation. The
participation level will be the EPA Regional [specify level
such as the Branch Chief] or his/her designee and the
permitting agency [specify level such as the Air Program
Director] or his/her designee.
C. The permitting agency and EPA agree the following
criteria will be used to determine when a source becomes
subject to the operating permits program [specify criteria
or, alternatively, indicate that both parties agree on the
criteria which is located elsewhere in the permit program.].
D. The permitting agency and EPA agree the following
criteria will be used to determine when new applicable
requirements (including SIP requirements) become effective
on a permitted source [specify criteria or, alternatively,
indicate that both parties agree on the criteria which is
located elsewhere in the permit program].
C. The permitting agency and EPA each agree to notify the
other as early as possible of any problems either party
anticipates with any permit or permit application such as
anticipated public controversy, complex equivalency or
trading provisions, etc.
D. The permitting agency agrees to do the following:
1. Maintain a list [specify location] [specify update
frequency] in the Aerometric Information retrieval
System (AIRS) Facility Subsystem (AFS) of sources:
a. Which must have an operating permit under the
permitting program.
b. Which are not subject to Part 70's operating
permit obligations due to having taken
federally-enforceable limits to avoid such a
Part 70 permitting obligations.
c. Which have been permitted and are in a source
category contained in the initial list of
categories (see 57 FR 31576, July 16, 1992)
for which EPA will develop emissions
standards for HAP's.
2. Maintain an adequate public file [specify
location] (accessible for EPA audit) for each
permittee. The file must include the permit
application (including the compliance plan), the
issued permit, a record of the public notice
procedures the permit has undergone underwent, a
record of the commenters and the issues raised
during the public participation process,
monitoring reports, inspection reports, compliance
certifications, enforcement actions, revisions to
permits and applications for revisions, and other
pertinent information.
3. Notify EPA when variations occur in the transition
schedule for issuing permits during the first 3
years of the program.
4. If requested by EPA due to evidence indicating the
permitting program is underfunded, provide an
accounting report demonstrating how revenue from
required permit fees was collected and spent by
the permitting agency and demonstrating that the
fee structure is adequate. The report will be
prepared and submitted every [specify] year and
will be due approximately 3 months after the end
of the permitting agency's fiscal year. Or, if
the fee structure is not adequate, modify the
permit fee system, as appropriate, to ensure that
it covers all reasonable direct and indirect costs
of administering the program as the costs change
over time.
5. Maintain legal authority and resources needed (and
provide a timetable, as requested by EPA, of
activity for obtaining any necessary legal
authority and resources) for effective
implementation and enforcement through the permit
process of all applicable requirements.
a. New SIP requirements.
b. Maximum achievable control technology
(MACT) standards established by the
permitting agency as required by section
112(g) or (j) of the Act.
c. Early reductions under section 112(i)(5)
of the Act.
d. Accidental release requirements under
section 112(r) of the Act determined to
be applicable.
e. New Federal requirements such as MACT
standards, new source performance
standards (NSPS), or Federal
implementation plan (FIP) requirements.
6. Develop and maintain a vigorous enforcement
program.
7. Update the permitting program as needed, and
expeditiously submit any program modifications to
EPA for incorporation into the approved program.
Program revisions required due to revisions to
Part 70 should be submitted within 12 months of
EPA promulgation of the Part 70 revisions.
Program revisions initiated by the permitting
authority should be submitted to EPA [specify
schedule or time period] ,specifically, adopt the
necessary authority to implement and enforce the
following requirements or programs within the time
periods or by the date(s) specified below: List
programs or requirements and corresponding dates
or time periods (e.g., authority for section
112(g) by the effective date of the permit
program, authority for the acid rain program by a
date certain, or authority for any promulgated
MACT standard or for implementing section 112(r)
within a certain time period following
promulgation by EPA) which will prevent any
unreasonable delay in permit issuance.
8. Ensure that aspects and implementation of the
permitting program do not interfere with the acid
rain program, particularly allowance trading
[section 70.7(a)(4)] and the Administrator's
decisions on excess emissions offset plans.
9. Assist EPA in determining the sources located on
Indian lands for which EPA must assume permitting
responsibility under the Title V program.
10. Notify EPA whenever the permitting agency proposes
to transfer all or part of the program to any
other agency, to identify any new division of
responsibilities among the agencies involved, and
to not transfer administration of that program
component to the other agency until EPA approval
of the program revision.
11. Ensure that the permit information system is
compatible with the national operating permit
system, i.e., AIRS-AFS, with regard to a minimum
standard set of data elements.
12. Maintain an automated compliance monitoring
tracking system compatible with and/or existing in
AIRS.
E. The EPA agrees to do the following:
1. Provide technical support and assistance and
training opportunities as available for
interpretation of national regulations,
development of technology-based requirements,
automated transmission of permit data to EPA in an
AIRS-AFS compatible format, general technical
assistance in determining appropriate permit
conditions and processing permits, and other areas
as requested by the permitting agency.
2. Make reasonable efforts to communicate to the
permitting agency when additional legal,
technical, and financial resources may be
necessary to implement new section 112
requirements as they become applicable.
3. Seek to work closely with the permitting agency in
making case-by-case MACT determinations under
sections 112(g) or (j), including providing to the
permitting agency the use of centralized EPA data
bases and exploring with the permitting agency the
possible use of general permits to establish a
presumptive MACT for certain qualifying source
categories.
4. Assist the permitting agency by making available
developing model permits and model general permits
developed by EPA.
5. Cooperate with the permitting agency by allowing
appropriate flexibility when determining the most
effective and expeditious means of implementing
EPA policies and guidance.
6. Review and incorporate into the approved program
after notice in the Federal Register and
opportunity for comment, where appropriate, any
approvable changes the permitting agency makes and
submits as program modifications [specify
timeframe]. Provide timely input where the
permitting agency provides such an opportunity.
7. Provide the permitting agency opportunity for
involvement and input into new program activities
or initiatives.
6. Implement a Federal operating permits program,
when determined to be applicable, on federally-
recognized Indian lands.
8. Specify to the permitting authority the minimum
federally-reportable data elements that are
necessary for EPA to execute its program oversight
and monitoring requirements.
F. The permitting authority and EPA agree to confer on and
develop a list of appropriate pollution prevention
activities which can be implemented through the permits
program. This would consist of examples of pollution
prevention measures that sources could adopt; the list being
used to provide stimulus to sources to devise measures
specific to their facilities. Also, this effort would
include listing approaches that the permitting authority
could take during program implementation to encourage
sources to adopt pollution prevention measures (e.g.,
reduced permit fees for sources adopting pollution
prevention measures).
G. The permitting authority and EPA agree that the
following procedures will be followed in implementing
section 112(r) of the Act: (list procedures such as how and
where the list of sources required to submit a risk
management plan will be maintained, who will be the
recipient(s) of the plan, how the plans will be reviewed,
how review of annual certifications of plan implementation
will be carried out, and how the requirements will be
implemented in the operating permit.)
IV. PROGRAM OVERVIEW
A. To assure that program requirements are met, the EPA
agrees to do the following:
1. Expeditiously review and appropriately respond
where necessary to all information submitted by
the permitting agency.
2. Provide for public notice within [specify
timeframe] and final approval in the Federal
Register within [specify timeframe] of any
approvable substantial program modifications
submitted by the permitting agency or initiated by
EPA.
B. The permitting agency agrees to do the following with
respect to program revisions:
1. Seek and to have expeditiously adopted any
necessary legislation and take other actions
necessary to preserve and maintain the approval
status of the permitting program.
2. Notify EPA in advance of, and transmit the text
of, any action to proposed any substantial change
in the program (i.e., permit program-related
regulations, forms, statutes, local ordinances,
resource levels), and notify EPA within 10 days
of, and transmit the text of, any change to the
program. to the extent such advance notification
is possible. Should any change related to a
program element occur prior to EPA notice, notify
EPA within 7 working days and transmit a copy of
the text of such revisions for EPA review. and, if
approvable, incorporation into the approved
program.
C. The permitting agency and EPA agree that, in accordance
with section 70.4(i), operating permits program revisions
become effective only upon approval by EPA. Nonsubstantial
program revision approval may be made by a letter from EPA
to the permitting agency, but substantial program revisions
must go through the public notice provisions specified in
section 70.4(i).
D. The permitting agency and EPA agree that no program
revision will be necessary provided the program contains a
commitment to expeditiously adopt any new authority and
adopt and implement additional regulations as needed to
implement future Federal applicable requirements (e.g.,
section 112 requirements).
E. The permitting agency and EPA agree that, where the
program contains a demonstration and/or commitment to adopt
authority for and implement future applicable requirements
(e.g., future MACT standards), the permitting authority will
automatically implement each new requirement unless it
informs EPA to the contrary. The EPA may request a review
of individual permitting agency actions to ensure that the
needed legal authority and/or technical capabilities are in
place in time for their proper use.
F. The permitting agency and EPA agree that in accordance
with the Administrator's responsibilities under section
502(i) of the Act, EPA will assess the permitting agency's
administration of the operating permits program on a
continuing basis for consistency with Title V, Part 70, and
all other requirements of the Act. This assessment will be
accomplished by EPA review of information submitted by the
permitting agency, permit overview, and compliance and
enforcement overview.
1. The EPA may consider written comments that are
received from regulated persons, the public, and
Federal, State, and local agencies in assessing
the program. Copies of any comments received from
such sources will be provided to the permitting
agency within 7 working days of receipt.
2. The EPA will audit the permits program by
examining the files and documents at the
permitting agency for selected facilities
[percentage or specific number] to determine that
permits are processed, issued, reopened, revised,
renewed, and enforced in a manner consistent with
Federal requirements. Program audits will be
conducted on an as needed basis [specify interval
if possible]. every 12 months [specify month]
during the first 3 years after the end of the
initial permit issuance transition period and
thereafter every [specify interval].
3. Whenever EPA determines that a permitting agency
is not adequately administering or enforcing the
program, EPA will notify the permitting agency of
the determination as soon as possible and the
reasons for it. The permitting agency and EPA
will then determine the process and timeframe for
correcting the program deficiencies in an
expeditious manner.
4. To ensure effective program overview, the
permitting agency agrees to allow EPA access to
all files and other requested information deemed
necessary by EPA for reviewing program
administration and enforcement.
G. The permitting agency and EPA agree to seek early
communication concerning development of a program, to be
submitted under section 112(l), by the permitting agency
implementing section 112 if the program will differ from the
EPA promulgated rules for implementing section 112.
V. PERMIT REVIEW AND ISSUANCE RESPONSIBILITIES
A. The permitting agency agrees to do the following:
1. Draft, provide public notice for, issue, reopen,
revise, modify, revoke and reissue, renew, and
terminate permits in an expeditious manner.
a. Process permits within 18 months of receipt
of the complete application, except during
the initial 3-year phase-in period. Conduct
completeness determination within 60 days of
receipt of an application.
b. Determine whether a renewal application is
complete prior to the expiration of the
permit. Process permit renewals, on average,
within [specify timeframe] of receipt of the
application.
2. Process significant permit modifications in an
expeditious manner with the goal of processing the
majority , on average,within 9 months of receipt
of a complete application.
2. Include in each permit provisions to reopen the
permit in a timely fashion to incorporate
promulgation of new applicable requirements.
3. Work with EPA on a periodic basis (specify) to
determine which draft permits need to be reviewed
by EPA prior to the beginning of the public
comment period and make those permits available to
EPA (specify time period, such as 30 days) prior
to the beginning of that period, except where a
longer review is needed.
4. Give notice of intent to deny a permit to EPA and
the applicant within 3 working days of that
decision and give EPA notice whenever it intends
to terminate an issued permit.
5. If any permit is modified as a result of any
administrative or court action, transmit a copy of
the permit to EPA with the changes identified and
allow 30 days for EPA to make written objections
to the permit.
6. Meet all applicable procedures and program
requirements in issuing those permits which are
waived from EPA review under section 70.8(a)(2)
and provide EPA with copies of such permits within
7 working days of any request for copies.
7. Notify EPA within [specify timeframe, such as 14
working days] of receipt of the permit application
for permit actions identified by EPA [list those
permit actions to the extent possible] as of
particular national (e.g., section 112(g) case-by-
case MACT determinations) or regional interest and
report these data at a minimum in an AIRS-AFS
compatible format.
8. After the initial transition period, notify EPA
within 15 months of receipt of any complete permit
applications upon which no issuance or denial
action has been taken by the permitting agency and
final action is in jeopardy of not taking place
within the statutory timeframe of 18 months from
receipt of the complete application.
B. The EPA agrees to do the following:
1. Consult with the permitting agency in developing
Develop and maintain [specify location] a list of
minor source categories or types of permit
applications for which EPA waives the right to
review under section 70.8(a)(2). These may
include permits from certain source categories
with previously agreed upon model permits or
general permits.
2. Consult with the permitting agency in developing
Develop and maintain a list [specify location] of
source categories for which a summary checklist
may be submitted to EPA in lieu of a permit
application.
3. Provide comments or objections to proposed permits
in an expeditious manner, but no later than 45
days from receipt of the proposed permit and all
necessary supporting information.
a. Include with any objection a statement
of the reasons for the objection and the
actions that should be taken by the
permitting agency to resolve the basis
for the objection.
b. Send a copy of its written comments to
the permit applicant.
c. Issue or deny the permit if the
permitting agency fails to submit a
revised permit for review within 90 days
after receipt of an objection.
d. Withdraw its objection when satisfied
that the permitting agency has resolved
the basis for the objection and provide
a copy of the withdrawal to the
applicant.
4. Work with the permitting authority on a periodic
basis (specify) to determine which draft permits
need to be reviewed by EPA prior to the beginning
of the public comment period and expeditiously
make comments on those permits available to the
permitting authority, but no longer than (specify
time period, such as 30 days) from receipt, except
where a longer review is needed as agreed to by
the permitting authority.
5. Indicate to the permitting authority what
constitutes necessary supporting information as
required by section 70.8(c)(1) in the review of
proposed permits.
6. Grant or deny public petitions within 60 days.
7. Provide assistance in interpreting permit
provisions necessary to eliminate SIP "gaps" or
ambiguities.
8. Provide a list of permit actions identified by EPA
as of particular national or regional interest.
C. The permitting agency and EPA agree that the steps in
attachment A are included in the procedures for reviewing,
issuing, or revising permits.
D. The permitting agency agrees to consult with EPA and
EPA agrees to cooperate in resolving issues in the following
areas:
1. The sources for which EPA will waive review.
2. How, and to what extent, nonfederally-enforceable
requirements will be incorporated into Part 70
permits and be designated as such.
3. The extent to which gaps or ambiguities in SIP
requirements will be clarified in the permit.
4. Procedures for permitting sources for which
applicable requirements in the SIP are in the
process of undergoing revision.
5. Consistency between the operating permits and NSR
programs.
6. Incorporation of operational flexibility
provisions into permits and determining permit
review procedures for permit changes.
VI. ENFORCEMENT
[These provisions of the IA may not be necessary in that
reference could be made to the EPA/State/local Enforcement
Agreement, or this section could be written to augment that
agreement.]
A. The permitting agency and EPA agree to perform the
following steps in enforcing the permits program:
1. The permitting agency will maintain a vigorous
enforcement program including the following:
a. An automated compliance monitoring tracking
system [describe].
b. Appropriate requirements in the permit
including:
- Inspection, entry, monitoring,
compliance certification, and reporting,
as necessary, to ensure compliance with
permit terms and conditions.
- A requirement that a responsible
corporate official certify any report
submitted to the permitting agency.
c. Timely and substantive review of compliance
records, monitoring reports, and inspection
reports.
d. Appropriate enforcement actions.
2. The permitting agency will take timely and
appropriate enforcement action against persons in
violation of permit conditions within 30 days of
the date such violations occurred.
3. The permitting agency will conduct field
inspections to determine the status of compliance
with permit requirements.
a. Inspection procedures will be in accordance
with [EPA inspection manual].
b. For purposes of this IA, the term "compliance
inspections" includes [definition].
c. Reports on compliance inspections shall be
available for review by the permitting agency
or EPA within 30 days of the date of
inspection.
4. The permitting agency will maintain procedures for
receiving and ensuring proper consideration of
information submitted by the public about
violations.
B. The permitting agency and EPA agree to the following
conditions:
1. Within 7 working days after EPA determines that
the permitting agency has not initiated timely and
appropriate enforcement action, EPA shall notify
the permitting agency of such determination.
2. If the permitting agency fails to take appropriate
action within 30 days of the notice, the EPA may
proceed with the enforcement options available to
it under the Act.
VI. REPORTING AND TRANSMITTAL OF INFORMATION
A. The permitting agency agrees to submit in a form
specified by EPA (describe), including computer-readable
files to the extent practicable, the following information
to EPA:
Description Frequency
Basic tracking information based on the
permit application. Prior to the public
comment period
Copies of all permit applications and
proposed permits except those for which
EPA has waived review. Within 5 working
days after end of
public comment or
such longer time as
needed for
significant changes
Copies of all permit applications and
public notices for which EPA has waived
review. Upon request
Copies of summary forms of permit
applications. As developed
Copies of all final permits and all
settlements and decisions in permit
appeals. Quarterly, in
batches, unless
requested by EPA
Copy of public comments on a permit. Upon request
Copies of all compliance inspection
reports, report forms, data, and
transmittal letters to major permittees
or a summary thereof if agreed to by
EPA. Within 30 days of
inspection or in
monthly batch
submittals
A report of the permitting agency's Annually
enforcement activities.
Source-specific information in AIRS-AFS
regarding enforcement of the program,
including inspections, monitoring
reports, compliance certification,
violations, and the resolution of
violations. Quarterly updates of
reports
(Any other data elements in AIRS-AFS
compatible format that EPA specifies is
necessary to execute its oversight and
monitoring requirements.) (As specified by
EPA) B. The EPA agrees to submit the following to the permitting
agency:
Description Frequency
A list of compliance inspections
EPA intends to conduct jointly with the
permitting agency as part of its
Overview Plan. Annually
Proposed revisions to the schedule of
compliance inspections. As needed
Copies of all EPA compliance inspection
reports and data. Within 30 days of
inspection
Copies of all EPA enforcement actions. As performed
A review of the permitting agency's
administration of the program based on
the agency's reports, meetings with
agency officials, and file audits. As performed
Any transmittal letters for sections 113
or 114 actions by EPA. Within 5 working
days of transmittal
C. The permitting agency and EPA agree to the following
procedures with respect to confidentiality of information:
1. Any information obtained or used in the
administration of the program shall be available
to EPA or the permitting authority upon request
without restriction. If the information has been
submitted to the permitting agency under a claim
of confidentiality, the agency must submit that
claim to EPA when providing the information.
2. If any information is submitted to the permitting
agency under a claim of confidentiality and the
permitting agency's statutes prohibits submitting
that information to EPA, the permitting agency
will require the information to be submitted by
the source directly to EPA.
3. Any information obtained from a permitting agency
or from a source and subject to a claim of
confidentiality will be treated by EPA in
accordance with the regulations in 40 CFR Part 2.
VII. SIGNATURES
PERMITTING AGENCY _______________
By: __________________________________ Date: _____________
Commissioner
[Or Air Agency Director]
U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION __
By: __________________________________ Date: _____________
Regional Administrator
[Or his/her designee]
[OTHER AGENCY(S)]
By: _________________________________ Date: _____________
Director
ATTACHMENT A
AGREED DUTIES IN THE PROCESS FOR
PERMIT ISSUANCE, RENEWALS, AND SIGNIFICANT PERMIT MODIFICATIONS
1. The permitting agency will make available to EPA all
necessary information and make notifications in a
timely manner, including the following duties:
a. Unless EPA review is waived for minor Part 70
sources, transmit to EPA a copy of each:
i. Permit application, including the compliance
plan, unless EPA agrees that a summary form
will suffice.
ii. Proposed permit.
iii. Public notice (if applicable).
iv. Final permit.
b. Notify each affected State or Indian land
governing bodies within 50 miles of the source on
or before public notice of all draft permits and
provide a copy of the notice to EPA if requested.
c. Enter the information from a permit application
summary form into AIRS-AFS upon release of the
draft permit.
d. Supply all requested permit information [except
that entitled to protection from disclosure under
section 114(c) of the Act] in AIRS-AFS compatible
format to EPA and allow file access, as necessary,
for program evaluation. Ensure that the source
provides to EPA any EPA-requested information not
provided by the permitting agency.
e. Make available to any party upon request each
permit application, compliance plan, monitoring
report, compliance certification, and each permit
issued. The permitting agency may charge a
duplication fee.
2. The permitting agency will publish public notices as
specified in the Part 70 regulations.
3. The EPA will, within 45 days of receipt, comment on or
object to a permit.
a. In the event of no EPA objection, any person may,
within 60 days of the expiration of the original
45-day period, petition EPA to object to a permit.
The EPA will, within 60 days, grant or deny the
petition.
b. If EPA files an objection:
i. The permitting agency will not issue a Part
70 permit until it is revised to meet EPA's
objection. If the permitting agency fails to
submit a revised permit to EPA for review
within 90 days after receipt of an objection,
EPA shall issue or deny the permit.
ii. If a permit is issued prior to the permitting
agency's receipt of an EPA objection, the
agency or EPA will reopen the permit and
issue a revised permit correcting the
conditions for which the objection was made.
4. If EPA intends to object to a permit, it will give the
permitting agency notice of its intent as early as
possible. The EPA will include with the objection a
statement of the reasons for the objection and the
actions that should be taken by the permitting agency
to resolve the basis for the objection.
a. The EPA will send a copy of its written comments
to the permit applicant.
b. The EPA will withdraw its objection when satisfied
that the permitting agency has resolved the basis
for the objection and will provide a copy of the
withdrawal to the applicant.
5. If there is no objection, the permitting agency may
issue the proposed final permit. The permitting agency
will provide copies of the final permit to EPA and the
applicant.
6. If the permitting agency decides to deny a permit, it
shall give a notice of "intent to deny" to EPA and the
applicant within 3 working days of that decision.
7. The permitting agency shall transmit to EPA a copy of
any permit which it proposes to modify or revoke and
reissue with the proposed changes clearly identified.
The permitting agency shall also notify EPA whenever it
intends to terminate an issued permit.
8. If any permit is modified as a result of any
administrative or court action, the permitting agency
shall transmit a copy of the permit to EPA, with the
changes identified, and allow 45 days for EPA to make
written objections to the permit.
Please e-mail any comments or questions to the Clean Air Act Information
Network.
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