SCAQMD RULE 3003 APPLICATIONS LAST REVISED 10/08/93 (Adopted October 8, 1993) RULE 3003. APPLICATIONS (a) Application Requirements (1) The owner or operator of a Title V facility shall submit a timely and complete Title V permit application in accordance with this rule. Except as set forth elsewhere in this subdivision or in subdivision (c), a timely initial permit application is one that is submitted within 180 days after the facility becomes subject to the Title V permit program. (2) For facilities specifically identified by the District on or before the effective date, a timely initial permit application is a response submitted to the Executive Officer, in the format as specified in the Technical Guidance Document: Title V Operating Permit Program, and within 60 days of receipt of the District's notice to the facility with facility- specific application materials, or an application submitted within one year from the effective date, whichever comes first. (3) For Title V facilities, new facilities, relocating facilities and facilities proposing a modification or installing equipment where the facility emissions after the modification or installation would subject the facility to the requirements of Title V of the federal Clean Air Act, a timely initial permit application is one that is filed prior to commencement of modification or equipment construction. Except as provided for in Rule 3005(a)(2)(C), nothing in this rule allows the construction or operation of a facility prior to obtaining a Title V permit revision if an existing Title V permit would prohibit such construction or operation, or a Title V permit, if the facility does not have an existing Title V permit. (4) For purposes of permit renewal, a timely application is one that is submitted at least 180 days, but no more than 545 days, prior to the date of permit expiration. (6) For facilities which are, or include, major sources in categories or subcategories for which EPA has failed to promulgate a maximum achievable control technology emissions standard by the date established pursuant to subsections (e)(1) and (e)(3) of Section 112 of the federal Clean Air Act, a timely application for a facility permit or permit revision, as appropriate, is one submitted within 18 months of such failure, and which complies with Section 112 of the federal Clean Air Act. (b) Application Content (1) An applicant shall submit, on a form specified by the Executive Officer, all information necessary to evaluate the subject facility and the application, including all information specified in 40 CFR 70.5(c), to determine the applicability of and to impose any regulatory requirement, and to determine the fee amounts required pursuant to Regulation III. (2) Each application for an initial permit, permit renewal, administrative permit revision, minor permit revision or significant permit revision shall include the required information and in the format as specified in the Technical Guidance Document: Title V Operating Permit Program. (c) Complete Application (1) The Executive Officer shall, upon receipt of any application, promptly determine whether the application is complete pursuant to the criteria set forth in the Technical Guidance Document. (2) Unless the Executive Officer determines that an application for initial permit issuance or permit renewal is not complete within 60 days of receipt of the application, or within 30 days of receipt of the application for all permit revisions, such application shall be deemed to be complete. (3) If the application is determined not to be complete, the Executive Officer shall notify the applicant in writing what additional information is necessary to make the application complete and shall specify in writing a reasonable deadline for providing such information. (4) If the applicant does not provide all requested information on or before the deadline specified, the Executive Officer may deny the application. The Executive Officer may extend the initial deadline if requested by the applicant. (5) To be deemed complete, an application must provide all information required pursuant to subdivision (b) of this rule, except that applications for permit revision need supply such information only if it is related to the proposed change. (6) An applicant shall provide application statements and information that are true, accurate, and complete, based on information and belief formed after reasonable inquiry. (7) The responsible official shall certify all information provided as part of a permit application, a supplement or correction pursuant to subdivision (d) of this rule, or in response to a request for information from the Executive Officer. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete. (d) Duty to Supplement or Correct Application (1) Any applicant for, or holder of, a Title V permit who fails to submit any relevant information or who has submitted incorrect information in an application for a permit or permit revision shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. (2) An applicant shall provide such additional information as necessary to determine compliance with any requirements that became applicable to the facility after the date a complete application was filed but prior to release of a draft permit. (e) Requests for Additional Information (1) Even after an application is determined or deemed complete, an applicant shall provide such additional information as has been requested in writing by the Executive Officer as necessary to evaluate or take final action on the application, on or before the reasonable deadline specified in the request. (2) The facility's ability to operate without a permit as set forth in Rule 3002(b) shall terminate at 5:00 p.m. on the deadline specified by the Executive Officer unless the applicant has on or before that time provided all information requested by the Executive Officer pursuant to either paragraph (e)(1) of this rule, or Rule 3002(d). (f) Confidential Information Whenever an applicant for, or holder of, a Title V permit submits information to the Executive Officer in connection with a Title V permit application under a claim of confidentiality, such applicant or permit holder may be required, by the Executive Officer, to submit a copy of such information directly to the EPA Administrator at (insert address), along with a concise statement of the basis of such claim of confidentiality. (g) Sharing of Information (1) Except as provided in paragraph (g)(2), any information obtained from a facility or used in the administration of the Title V permit program shall be made available without restriction to EPA upon request. (2) Where the Executive Officer submits information to the EPA under a claim of confidentiality, the Executive Officer shall provide a copy of such claim if made by a third party, or a concise statement of the basis of such claim if made by the Executive Officer. (h) Preservation of New Source Review The submittal of a complete Title V permit application, or application for revision of such permit, shall not relieve any person of the requirements for a pre-construction permit under Title I of the federal Clean Air Act, District Regulation XIII and District Rule 2005. (i) Action on Title V Permit Applications (1) The Executive Officer shall deny an application for initial permit, permit revision, or permit renewal unless the applicant shows that operation under the permit will comply with all regulatory requirements. (2) Except during the 3-year transition period for initial permit issuance, following the effective date, and for applications identified in paragraph (i)(3), the Executive Officer shall issue a permit for or deny a permit application as follows: (A) Applications for initial permits, significant permit revisions and permit renewals: within 18 months after receipt of a complete application; (B) Applications for administrative permit revisions: within 60 days of application receipt; and, (C) Applications for minor permit revisions: within 90 days of application receipt. (3) For applications for an initial permit or significant permit revision that include a request for authorization to construct, the Executive Officer shall issue a permit for or deny a permit application as follows: (A) Applications for which an Environmental Impact Report is not required and where EPA does not object to the proposed Title V permit or revision within the 45-day review period: within 265 days after the application is deemed complete; (B) Applications for which an Environmental Impact Report is not required and EPA objects to the proposed permit or revision: within 355 days after the application is deemed complete; (C) Applications for which an Environmental Impact Report is required: within the timeframes defined in subparagraphs (i)(3)(A) or (B) plus 180 days. (4) A permit, permit revision, or renewal may be issued only if all the following conditions have been met: (A) The Executive Officer has received a complete application for a permit, permit revision or, permit renewal; (B) Except for administrative permit revisions, minor permit revisions, and de minimis significant permit revisions the Executive Officer and the facility have complied with the requirements for public participation under Rule 3006. (C) The Executive Officer has complied with the requirements for notifying and responding to affected states under subdivision (m) of this rule. (D) The conditions of the permit provide for compliance with all regulatory requirements. (E) The EPA Administrator has received a copy of the draft permit and any notices required under Rules 3003, 3005, and 3006, and has not objected to issuance of the permit under 40 CFR section 70.8(c) within the time period specified therein, or the permit has been revised to meet any timely objections made by the EPA Administrator. (5) During the transition period, the Executive Officer shall issue Title V permits for at least one third of the identified Title V sources within one year of the effective date. At least two thirds of the permits shall be issued within two years of the effective date, and the remaining permits shall be issued within three years of the effective date. (j) Title V Permit Review by EPA (1) The Executive Officer shall submit to the EPA Administrator: (A) each application for initial permit, permit renewal, minor permit revision, de minimis significant permit revision and significant permit revision; (B) each draft permit, and revised draft permit for initial permit, renewal permit and/or significant permit revision after the public participation process pursuant to Rule 3006; (C) each draft minor permit revision upon completion of District evaluation; and (D) each final Title V permit, within 5 working days of permit issuance. (2) To the extent practicable, the information required by paragraph (j)(1) of this rule shall be provided in a computer-readable format compatible with EPA's national database management system. (3) At the time of submitting the proposed permit or permit revision to EPA, the Executive Officer shall: (A) notify the applicant; and, (B) notify the EPA Administrator and any affected state in writing of any refusal to accept all recommendations for the draft permit that the affected state submitted during the public or affected state review period. The notice shall include the reasons for not accepting any such recommendations. (k) EPA Objection to Title V Permit or Revision (1) No permit or permit revision for which an application must be transmitted to EPA pursuant to subdivision (j) of this rule may be issued if the EPA objects to its issuance in writing within 45 days of receipt of the draft permit and all necessary supporting information, and the objection includes a statement of the reasons for the objection and a description of the terms and conditions that the permit must include to respond to the objections. (2) Within 14 days of receipt of EPA's objection to a proposed permit or permit revision, the District shall notify the applicant of EPA's objection. (3) Within 90 days after receipt of timely objection from EPA that meets the requirements of paragraph (k)(1) of this rule, the Executive Officer shall do one of the following: (A) deny the proposed permit or permit revision; (B) revise and submit to EPA a new draft permit in response to EPA's objection; or, (C) determine that EPA's objection is based on a mistake of fact or law, and notify EPA of such mistake in writing prior to issuance of the final permit. (4) If the Executive Officer fails, within the time specified in paragraph (k)(2) of this rule, to either deny the draft permit or revise and submit a new draft permit in response to the objection, EPA may issue or deny the permit in accordance with 40 CFR Part 70. (l) Public Petitions to the EPA Administrator (1) Except in the case of a minor permit revision, and if the EPA Administrator does not object in writing pursuant to subdivision (k) of this rule, any person may petition the EPA Administrator within 60 days after the expiration of the EPA Administrator's 45- day review period to make such objection, as provided for in 40 CFR Part 70. (2) Any petition under this rule subdivision shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Rule 3006, unless the petitioner demonstrates, to the EPA Administrator, that it was impracticable to raise such objections within such period, or unless the grounds for objection arose after such period. (3) If the EPA Administrator objects to the permit as a result of a petition filed under this subdivision, the Executive Officer shall not issue the permit until EPA's objection has been resolved, except that a petition under this rule section does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of EPA's 45-day review period and prior to receipt of EPA's objections. (4) If the permit has been issued prior to receipt of an EPA objection under this rule, EPA may revise, terminate, or revoke such permit. (m) Title V Permit Review by Affected States (1) The Executive Officer shall provide a copy of each draft Title V permit or draft permit revision to any affected state on or before the time that notice is provided to the public. (2) Any affected state may provide recommendations in writing, based upon applicable requirements or requirements of 40 CFR Part 70, with respect to the draft permit or draft permit revision, within the time allowed for comment by Rule 3006. (3) The Executive Officer shall, at the time of submitting the proposed permit or permit revision to EPA, provide notice to EPA and the affected state in writing of any recommendations for the draft permit or revision that the affected state submitted during the applicable review period. The notice shall include the Executive Officer's reasons for not accepting any such recommendations. (n) Prohibition of Default Issuance (1) No Title V permit, including a permit renewal, minor permit revision or significant permit revision, may be issued until after EPA and affected states have had an opportunity to review the draft permit as required under Rules 3003 and 3005, unless EPA has waived such review for EPA and the affected states. (2) No provision of these rules shall be construed to require that a Title V permit or renewal be issued after a certain time if the Executive Officer fails to take action on the application. (3) Failure of the Executive Officer to take action on an application within the time specified by these rules shall not constitute final permit action except for purposes of a judicial or authorized administrative proceeding seeking to compel the Executive Officer to take final action on the application.