Section 20-301. PERMIT APPLICATIONS

 

301.1For each Part 70 source, the owner or operator shall submit a timely and complete permit application in accordance with the following outline:

 

(a)A timely application shall be submitted under the following conditions:

 

(1)Sources that are subject to the operating permit program established by this chapter as of the date the program is approved by the Administrator, the "effective date," shall file applications on the following schedule:

 

(A)Sources that emitted one hundred fifty (150) tons per year or less of regulated pollutants in the aggregate during the previous calendar year shall file complete applications within eight (8) months of the effective date; Provided, that upon request and for good cause shown, the Mayor may allow a source additional time up to twelve (12) months from the effective date; and

 

(B)All other sources shall file complete applications within twelve (12) months of the effective date;

 

(2)A source that becomes subject to the operating permit program established by this chapter at any time following the effective date shall file a complete application within twelve (12) months of the date on which the source first becomes subject to the program;

 

(3)A source that is required to meet the requirements under § 112(g) of the Act, or to have a permit under a preconstruction review program under Title I of the Act, shall file a complete application to obtain an operating permit or permit amendment or modification within twelve (12) months after commencing operation. Where an existing operating permit would prohibit the construction or change in operation, the source shall obtain a permit revision before commencing operation;

 

(4)Sources subject to this chapter shall file an application for renewal of an operating permit at least six (6) months before the date of permit expiration, unless a longer period (not to exceed eighteen (18) months) is specified in the permit; and

 

(5)Sources required to submit applications for initial phase II acid rain permits shall submit the applications to the Mayor by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides;

 

(b)The following procedures shall be followed when Part 70 permit applications are received:

 

(1)Within five (5) days of receipt of an application, the Mayor shall notify the applicant of the date on which the application was received and the date on which the application will automatically be deemed complete unless the Mayor determines otherwise;

 

(2)The Mayor shall review each application for completeness and shall inform the applicant within sixty (60) days if the application is incomplete. In order to be complete for purposes of this section, an application shall include a completed application form and, to the extent not called for by the form, the information required in § 301.3. An application shall be considered complete if it contains the information required by the application form and § 301.3;

 

(3)If the Mayor does not notify the source within sixty (60) days of receipt that its application is incomplete, the application shall be deemed complete. However, nothing in this subsection shall prevent the Mayor from requesting additional information in writing that is necessary to process the application;

 

(4)The Mayor shall maintain a checklist to be used for the completeness determination. A copy of the checklist shall be provided to applicants along with application forms issued by the Mayor;

 

(5)If, while processing an application that has been determined or deemed to be complete, the Mayor determines that additional information is necessary to evaluate or take final action on that application, the Mayor may request the additional information in writing. In requesting such information, the Mayor shall establish a reasonable deadline for a response; and

 

(6)In submitting an application for renewal of an operating permit issued under this chapter a source may identify terms and conditions in its previous permit that should remain unchanged and incorporate by reference those portions of its existing permit and the permit application and any permit amendment or modification applications that describe products, processes, operations, and emissions to which those terms and conditions apply. The source shall identify specifically and list which portions of its previous permit or applications are incorporated by reference. In addition, a renewal application shall contain the following:

 

(A)Information specified in § 301.3 for those products, processes, operations, and emissions of the following:

 

(i)That are not addressed in the existing permit;

 

(ii)That are subject to applicable requirements that are not addressed in the existing permit; or

 

(iii)That the source seeks permit terms and conditions that differ from those in the existing permit;

 

(B)A compliance plan and certification as required in § 301.3(h); and

 

(C)A compliance certification, as required by § 301.3(i); and

 

(c)If a source submits information to the Mayor under a claim of confidentiality pursuant to § 114(c) of the Federal Clean Air Act (hereafter referred to as "the Act"), the source shall also submit a copy of the information, along with the claim of confidentiality, directly to the Administrator, if the Mayor requests that the source do so. The contents of a Part 70 permit issued under this chapter shall not be entitled to confidential treatment.

 

301.2Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of the failure or incorrect submittal, promptly submit the supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date the applicant filed a complete application but prior to release of a draft permit.

 

301.3Sources that are subject to the operating permit program established by this chapter shall submit applications on the standard application form that the Mayor provides for that purpose. The application shall include information needed to determine the applicability of any applicable requirement and to evaluate the fee amount required under the schedule approved pursuant to § 305. The applicant shall submit the information called for by the application form for each emissions unit at the source to be permitted. The standard application form and any attachments shall require that the following information be provided:

 

(a)Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact;

 

(b)A description of the source's processes and products (by two-digit Standard Industrial Classification Code) including any associated with each alternate scenario identified by the source; and

 

(c)The following emissions-related information:

 

(1)All emissions of pollutants for which the source is major and all emissions of regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit. The source shall submit additional information related to the emissions of regulated air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to determine the amount of any permit fees owed under the fee schedule approved pursuant to § 305;

 

(2)Identification and description of all points of emissions described in § 301.3(c)(1) in sufficient detail to establish the basis for fees and applicability of the Act's requirements;

 

(3)Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any;

 

(4)The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules;

 

(5)Identification and description of air pollution control equipment and compliance monitoring devices or activities.

 

(6)Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the covered source;

 

(7)Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to § 123 of the Act); and

 

(8)Calculations on which the information in subparagraphs (c)(1)) through (c)(7) of this subsection is based;

 

(d)The following air pollution control requirements:

 

(1)Citation and description of all applicable requirements; and

 

(2)Description of or reference to any applicable test method for determining compliance with each applicable requirement;

 

(e)Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of this chapter or to determine the applicability of the requirements;

 

(f)An explanation of any proposed exemptions from otherwise applicable requirements;

 

(g)Additional information as determined to be necessary by the Mayor to define alternative operating scenarios identified by the source pursuant to § 302.1(j) or to define permit terms and conditions implementing § 302.8 or § 302.1(k) of this chapter;

 

(h)A compliance plan for all covered sources that contains all the following:

 

(1)A description of the compliance status of the source with respect to all applicable requirements;

 

(2)A description as follows:

 

(A)For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;

 

(B)For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and

 

(C)For requirements for which the source is not in compliance at the time of permit, issuance, a narrative description of how the source will achieve compliance with the requirements;

 

(3)A compliance schedule as follows:

 

(A)For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;

 

(B)For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement; and

 

(C)A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. The schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be equivalent in stringency to that contained in any judicial consent decree or administrative order to which the source is subject. Any schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based;

 

(4)A schedule for submission of certified progress reports no less frequently than every six (6) months for sources required to have a schedule of compliance under § 301.3(h)(3)(C);

 

(5)The compliance plan content requirements specified in this subparagraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations;

 

(i)Requirements for compliance certification, including the following:

 

(1)A certification of compliance with all applicable requirements by a responsible official consistent with § 114(a)(3) of the Act and § 301.4 of this chapter;

 

(2)A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;

 

(3)A schedule for submission of compliance certifications during the permit term, which shall be submitted annually, or more frequently if required by an underlying applicable requirement; and

 

(4)A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act; and

 

(j)The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act.

 

301.4Any application form, report, or compliance certification submitted pursuant to this chapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under these operating permit rules shall be signed by a responsible official and shall contain the following language: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."

 

301.5Pursuant to § 300.3, a major source shall receive a permit addressing all applicable requirements for all relevant emissions units in the major source. A major source may comply with this subsection through one of the following methods:

 

(a)The source obtains a single permit for all relevant emission units; or

 

(b)The source requests and obtains coverage for one or more emission units eligible for coverage under a general permit or permits issued by the Mayor and obtains a separate permit for all remaining emission units not eligible for the coverage.

 

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Final Rulemaking published at 40 DCR 8105, 8107 (November 19, 1993); as Final Rulemaking published at 48 DCR 4479 (May 18, 2001).