643.078. Operation without permit prohibited--single permit for multiple sources--information to be submitted, time period--validation of permit, terms and conditions--time period--director shall enfo
Operation without permit prohibited--single permit for multiplesources--information to be submitted, time period--validation ofpermit, terms and conditions--time period--director shall enforcefederal standards--appeal--city or county permit granted, effect.
643.078. 1. It shall be unlawful for any person to operateany regulated air contaminant source after August 28, 1992,without an operating permit except as otherwise provided insections 643.010 to 643.190.
2. At the option of the permit applicant, a singleoperating permit shall be issued for a facility having multipleair contaminant sources located on one or more contiguous tractsof land, excluding public roads, highways and railroads, underthe control of or owned by the permit holder and operated as asingle enterprise.
3. Any person who wishes to construct or modify and operateany regulated air contaminant source shall submit an applicationto the department for the unified review of a construction permitapplication under section 643.075 and an operating permitapplication under this section, unless the applicant requests inwriting that the construction and operating permit applicationsbe reviewed separately. The director shall complete any unifiedreview within one hundred and eighty days of receipt of therequest for a class B source. For a class A source, the unifiedreview shall be completed within the time period established insection 502 of the federal Clean Air Act, as amended, 42 U.S.C.7661.
4. As soon as the review process is completed for theconstruction and operating permits and, if the applicant complieswith all applicable requirements of sections 643.010 to 643.190and all rules adopted thereunder, the construction permit shallbe issued to the applicant. The operating permit shall beretained by the department until validated.
5. Within one hundred and eighty days of commencingoperations, the holder of a construction permit shall submit tothe director such information as is necessary to demonstratecompliance with the provisions of sections 643.010 to 643.190 andthe terms and conditions of the construction permit. Theoperating permit retained by the department shall be validatedand forwarded to the applicant if the applicant is in compliancewith the terms and conditions of the construction permit and theterms and conditions of the operating permit. The holder of aconstruction permit may request a waiver of the one hundred andeighty day time period and the director may grant such request bymutual agreement.
6. If the director determines that an air contaminantsource does not meet the terms and conditions of the constructionpermit and that the operation of the source will result inemissions which exceed the limits established in the constructionpermit, he shall not validate the operating permit. If thesource corrects the deficiency, the director shall then validatethe operating permit. If the source is unable to correct thedeficiency, then the director and the applicant may, by mutualagreement, add such terms and conditions to the operating permitwhich are deemed appropriate, so long as the emissions from theair contaminant source do not exceed the limits established inthe construction permit, and the director shall validate theoperating permit. The director may add terms and conditions tothe operating permit which allow the source to exceed theemission limits established in the construction permit. In sucha case, the director shall notify the affected public and thecommission shall, upon request by any affected person, hold apublic hearing upon the revised operating permit application.
7. Except as provided in subsection 8* of this section, anoperating permit shall be valid for five years from the date ofissuance or validation, whichever is later, unless otherwiserevoked or terminated pursuant to sections 643.010 to 643.190.
8. An applicant for a construction permit for an aircontaminant source with valid operating permit may request thatthe air contaminant source be issued a new five-year operatingpermit. The operating permit would be issued in the manner andunder the conditions provided in sections 643.010 to 643.190 andwould supersede any existing operating permit for the source.
9. The director shall take action within thirty days aftera request for validation of the operating permit and shall rendera decision within one hundred twenty days of receipt of a requestfor issuance of an operating permit for a class B source. Thedirector shall render a decision within the time periodestablished in section 502 of the federal Clean Air Act, asamended, 42 U.S.C. 7661, for a class A source. Any affectedperson may appeal any permit decision, including failure torender a decision within the time period established in thissection, to the commission.
10. The director may suspend, revoke or modify an operatingpermit for cause.
11. The director shall not approve an operating permit ifhe receives an objection to approval of the permit from theUnited States Environmental Protection Agency within the timeperiod specified under Title V of the Clean Air Act, as amended,42 U.S.C. 7661, et seq.
12. The director shall enforce all applicable federalrules, standards and requirements issued under the federal CleanAir Act, as amended, 42 U.S.C. 7661, et seq., and shallincorporate such applicable standards and any limitationsestablished pursuant to Title III into operating permits asrequired under Title V of the federal Clean Air Act, as amended,42 U.S.C. 7661, et seq.
13. Applicable standards promulgated by the commission byrule shall be incorporated by the director into the operatingpermit of any air contaminant source which has, on the effectivedate of the rule, at least three years remaining before renewalof its operating permit. If less than three years remain beforerenewal of the source's operating permit, such applicablestandards shall be incorporated into the permit unless the permitcontains a shield from such new requirements consistent withTitle V of the federal Clean Air Act, as amended, 42 U.S.C. 7661,et seq.
14. The holder of a valid operating permit shall haveoperational flexibility to make changes to any air contaminantsource, if the changes will not result in air contaminantemissions in excess of those established in the operating permitor result in the emissions of any air contaminant not previouslyemitted without obtaining a modification of the operating permitprovided such changes are consistent with Section 502(b)(10) ofthe federal Clean Air Act, as amended, 42 U.S.C. 7661.
15. An air contaminant source with a valid operating permitwhich submits a complete application for a permit renewal atleast six months prior to the expiration of the permit shall bedeemed to have a valid operating permit until the director actsupon its permit application. The director shall promptly notifythe applicant in writing of his action on the application and ifthe operating permit is not issued state the reasons therefor.
16. The applicant may appeal to the commission if anoperating permit is not issued or may appeal any condition,suspension, modification or revocation of any permit by filingnotice of appeal with the commission within thirty days of thenotice of the director's response to the request for issuance ofthe operating permit.
17. Any person who obtains a valid operating permit from acity or county pursuant to the authority granted in section643.140 shall be deemed to have met the requirements of thissection.
(L. 1992 S.B. 544)*"Subsection 7" appears in original rolls, but apparently the reference should be to subsection 8.