(Delegation Effect.: 11-8-76: Rev. Effect.: 1-13-87)

(a) The Control Officer will, notify the owner or operator of approval or intention to deny approval of construction or modification within 60 days after receipt of sufficient information to evaluate an application under Rule 361.07.

(b) If the Control Officer determines that a stationary source for which an application under Rule 361.07 was submitted will, not cause emissions in violation of standard if properly operated, the Control Officer will approve the construction or modification.

(c) Before denying any application for approval or construction or modification the Control Officer will notify the applicant of the Control Officer's intention to issue the denial, together with:

(1) Notice of the information and findings on which such intended denial is based, and

(2) Notice of opportunity for the applicant to present, within such time limit as the Control Officer shall specify, additional information or arguments to the Control Officer before final action on the application.

(d) A final determination to deny any application for approval will be in writing and will specify the grounds on which such denial is based. The final determination will be made within 60 days of presentation of additional information or arguments, or 60 days after the final date specified for presentation, if no presentation is made.

(e) Neither the submission of an application for approval nor the Control Officer's approval of construction or modification shall:

(1) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this regulation or of any other applicable Federal, State, or local requirement, or

(2) Prevent the Control Officer from implementing or enforcing this regulation or taking any other action under the Act.