NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT

REGULATION 5 -- Procedures for Issuing Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990 [Reference: 40 CFR Parts 70.1,70.4,70.6(a)(6),70.7(a)(6) and 70.7(b)]

(Adopted December 10, 1993) (Amended November 21, 1994, May 18, 2001)




Chapter V -- DISTRICT ADMINISTRATIVE PROCEDURES


Rule 545 CHANGES TO THE PROPOSED DECISION

Changes to the proposed decision shall be governed by the following procedure:

(a) The Air Pollution Control Officer may modify or change the proposed decision, the proposed permit, or the District analysis on the basis of information set forth in the comments received during the public comment period provided pursuant to Rule 540 (f)(1), or due to further analysis of the Air Pollution Control Officer. Pursuant to Rule 540(d), the Air Pollution Control Officer shall forward any such modified proposed decision, the proposed permit, any changes or additions to the District analysis, and all necessary supporting information to the U.S. EPA.

[Reference: 40 CFR 70.7(g)(5) and 70.8(b)(2)]


(b) If the U.S. EPA objects in writing to the proposed decision within 45 days of being notified of the proposed decision and receiving a copy of the proposed permit and all necessary supporting information pursuant to Rule 540(d), the Air Pollution Control Officer shall not issue the permit until the written issues and objections raised by the EPA are resolved. The Air Pollution Control Officer shall either deny the application or revise and resubmit a permit which addresses the deficiencies identified in the U.S. EPA objection within the following time frames:

(1) For initial permits, permit renewals, and significant permit modifications, within 90 days of receiving the U.S. EPA objection; or

(2) For minor permit modifications, within 90 days of receipt of the application or 60 days of the notice to U.S. EPA, whichever is later.

[Reference: 40 CFR 70.7(e)(2)(iv) and 70.8(c)]


(c) If the Administrator does not object in writing, any person may petition the Administrator within 60 days after the expiration of the Administrator's 45-day review period to make such objection. If the Administrator objects to the permit as a result of a petition and the permit has not been issued, the permitting authority shall not issue the permit until the issues and objections raised in the public petition are resolved. Issues and objections which were not raised during the 30-day public comment period will not be considered in this process, unless it was impracticable to raise such objections within the public comment period, or unless the grounds for such objection arose after the public comment period.

[Reference: 40 CFR 70.8(d)]