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 550 PERMIT ISSUANCE OR DENIAL

If the U.S. EPA does not object in writing within 45 days of the notice provided pursuant to Rule 540(d), or the Air Pollution Control Officer submits a revised permit pursuant to Rule 545, the Air Pollution Control Officer shall expeditiously issue the final permit to operate or deny the application. In any case, the Air Pollution Control Officer shall take final action on an application within the applicable time frame specified in Rule 520. Failure of the Air Pollution Control Officer to act on a permit application or permit renewal application in accordance to the time frames provided in Rule 520, shall constitute final action for purposes of obtaining judicial review to require that action on the application be taken expeditiously.

[Reference: 40 CFR 70.(b)(xi), 70.7(a)(1)(v) and (a)(2), and 70.8(c)]

The Air Pollution Control Officer shall send written notification of the final issuance or denial of a permit to the responsible official of the source, the U.S. EPA, the Air Resources Board and any person or affected state that submitted comments during the public comment period. Written notification of any refusal by the District to accept all recommendations for the proposed permit that an affected state submitted during the public comment period shall be sent to U.S. EPA and affected states. The Air Pollution Control Officer shall submit a copy of a permit to operate, as issued, to the U.S. EPA and provide a copy to any person or agency requesting a copy. If the application is denied, the Air Pollution Control Officer shall provide reasons for the denial in writing to the responsible official along with the District analysis and cite the specific statute, rule, or regulation upon which the denial is based.

[Reference: 40 CFR 70.8(a)(1)]