Subpart 201-5: State Facility Permits

(1) stationary sources requiring an emission cap established in a permit pursuant to section 201-7.2 of this Part to avoid the requirement to obtain a title V permit or other applicable requirement;

(2) stationary sources subject to any department approved variance from the requirements of this Title;

(3) new facilities constructed after the effective date of this Part that are in industrial categories to which a New Source Performance Standard (NSPS) applies with a potential to emit that is below major stationary source thresholds including those that have been deferred from the requirement to obtain a title V permit in section 201-6.1(c) of this Part;

(4) new facilities constructed after the effective date of this Part which emit any contaminant listed as a hazardous air pollutant under section 112 of the act (see Part 200 of this Title), excluding facilities subject to VOC RACT requirements under Parts 226, 228, 229, 230, 233 and 234 of this Title. Such facilities must have a potential to emit that is below major stationary source thresholds, including those that have been deferred from the requirement to obtain a title V facility permit pursuant to section 201-6.1(c) of this Part.

(1) On the effective date of this Subpart all valid certificates to operate issued by the department for existing emission sources shall remain in effect indefinitely.

(2) On the effective date of this Subpart a stationary source subject to this Subpart is no longer required to obtain a separate permit to construct and certificate to operate for any new or modified emission unit.

(3) On the effective date of this Subpart, the addition or modification of emission units and permit modifications will be subject to the provisions of section 201-5.4 of this Subpart.

(4) Existing facilities possessing individual certificates to operate for numerous air contamination sources may be required to submit a proposed schedule for the consolidation of these certificates into a single facility permit. Such a schedule must be submitted for department approval within 60 days of the date that the first permit modification or permit for a new emission unit is issued to a facility, after the effective date of this Subpart. The schedule shall include a workplan and reasonably anticipated time frames for preparing and submitting a State facility permit application.

(5) All new permits, including modifications, issued on or after 90 days from the effective date of this Subpart must contain all relevant construction or operation requirements within a single permit. Where an application for a permit to construct was submitted and complete before the effective date of this regulation the department may proceed to issue the construction approval independent of operational requirements.

(6) Where a permit to construct was issued prior to the effective date of this Subpart for an emission source, a certificate to operate may be issued if the application for operating approval is submitted to the department within six months of the effective date of this Subpart. Applications for operating approval submitted beyond six months of the effective date of this Subpart shall be made using any new permit application forms unless the source owner can demonstrate that this requirement will impose a hardship and/or would cause a delay in obtaining operating approval for the emission source.

(7) Sources requiring State facility permits pursuant to subdivision (a)(3) and (4) of this section will remain subject to the requirements of this Subpart until they are required to obtain a title V permit.

(1) identifying information, including owner and/or operator name and address, plant name and address;

(2) a location map with the site marked on it if the application is for a new facility;

(3) a description of the emission units' processes and products;

(4) a list of all emission units at the facility except those that are exempt or trivial pursuant to Subpart 201-3 of this Part;

(5) a list of all regulated air pollutants emitted from the facility;

(6) the type, rate and quantity of emissions in sufficient detail for the department to determine those State and Federal requirements that are applicable to the facility.

(1) Changes at a stationary source subject to this Subpart involving:

(2) Facility owners and/or operators must submit an application requesting such permit modifications and receive department authorization prior to making such modifications.

(1) Certain changes and modifications which meet the criteria under subparagraphs (i)-(iii) of this paragraph may be conducted without prior approval of the department and shall not require modification of the permit. The facility owner and/or operator must however maintain records of the date and description of such changes and make such records available for review by department representatives upon request.

(2) In addition to the recordkeeping required under paragraph (1) of this subdivision, the permittee must notify the department in writing at least 30 calendar days in advance of making changes involving:

(3) The department may require a permit modification to impose applicable requirements or special permit conditions if it determines that changes proposed pursuant to notification under paragraph (2) of this subdivision do not meet the criteria under paragraph (1) of this subdivision or the change may have a significant air quality impact. In such cases the department may require that the permittee not undertake the proposed change until it completes a more detailed review of the change for air quality impacts and/or applicable requirements. The department shall respond to the permittee in writing with such a determination within 15 days of receipt of the 30 day advance notification from the permittee. The department's determination shall include a listing of information necessary to further review the proposed change.