5 Colo. Code Regs. § 1001-5-C-IV
Current through Register Vol. 48, No. 1, January 10, 2025
Section 5 CCR 1001-5-C-IV - Processing of ApplicationsIV.A. Standards for application determinations The Division shall evaluate operating permit applications and combined construction/operating permit applications. The evaluation of permit applications shall consider, for the construction permit portion, whether operation of the proposed new source at the date of start-up, and for operating permits whether the permitted emissions, will comply with all applicable emissions control regulations, regulations for the control of hazardous air pollutants, applicable ambient air quality standards and regulations, requirements for the prevention of significant deterioration of air quality that is better than the National Ambient Air Quality Standards, and nonattainment and attainment/maintenance area requirements. The submittal of a complete application shall not affect the requirement that any source have a construction permit pursuant to Part B of this Regulation Number 3, except as otherwise required herein.
IV.B. Completeness determinations IV.B.1. An application for an operating permit or a combined construction permit/operating permit, will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the Division. Within sixty calendar days after the receipt of an application or any supplemental information requested by the Division, the Division will give notice to the applicant if and in what respect the application is incomplete. If the Division fails to notify an applicant that the application is incomplete within sixty calendar days of receipt of the original application or receipt of the requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the Division of the application or the last submitted supplemental information, whichever is later, for the purposes specified in Section II.B. of this Part C (concerning the application shield). Nothing herein precludes the Division from requesting further information about the source in order to process the permit application. If the Division concludes that the application is not complete, it shall inform the applicant of the additional information that must be submitted prior to consideration of the application. No completeness determination shall be required for applications for administrative or minor permit modification procedures under Section III. of Part A of this regulation, or Sections X. and XI. of this Part C.IV.B.2. The Division shall review each application submitted to determine whether it is complete. An application shall be deemed to be complete when it contains the information required by Sections III.B., III.C., and III.D. of this Part C in sufficient detail for the Division to evaluate the subject source and the permit application, to determine all applicable requirements and to calculate all applicable fees.IV.B.3. A source shall supplement its permit application to correct or update information provided in its initial submission as soon as it becomes aware of any omissions or incorrect information submitted or to address changes made to the source after submission of the application, but prior to public notice as provided in Section VI. of this Part C.IV.B.4. A source shall supplement its permit application to address any requirements that become applicable to the source after the date the source submitted its application, but prior to issuance of a draft permit.IV.C. Permit application processing timeframes For operating permit applications, or for combined construction and operating permit applications, the Division shall approve or disapprove the permit application within eighteen months of receipt of a complete application. Permit processing timeframes for operating permit applications for affected sources under the acid rain provisions shall be governed by Code of Federal Regulations Title 40, Part 72. If a timely and complete application is filed, but the Division fails to issue or deny a renewal operating permit prior to expiration of the operating permit for which a source is seeking renewal, the previously issued operating permit, and all of its terms and conditions, shall not expire until the renewal operating permit is issued and any previously extended permit shield continues in full force and operation. To the extent feasible, applications shall be acted upon in the order received except that priority shall be given to taking final action on applications for construction or modification under Title I, Parts C and Part D, of the Federal Act. Final action on such applications shall be taken within twelve months following receipt of a complete application.
IV.D. Requests for additional information If, after an application is deemed complete, the Division determines that additional information is necessary to evaluate or take final action on an application, the Division shall request necessary information in writing and set a reasonable deadline for response. Additional information submitted within the deadline will be evaluated by the Division. If the applicant fails to provide the requested information or does not meet the deadline, the source's ability to operate without a permit shall terminate on the date of the deadline as provided in Section II.B. of this Part C.
37 CR 18, September 25, 2014, effective 10/15/201437 CR 24, December 25, 2014, effective 1/14/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 21, November 10, 2016, effective 11/30/201641 CR 21, November 10, 2018, effective 11/30/201843 CR 02, January 25, 2020, effective 2/14/202044 CR 02, January 25, 2021, effective 2/14/202146 CR 02, January 25, 2022, effective 2/14/202346 CR 12, June 25, 2023, effective 7/15/202347 CR 06, March 25, 2024, effective 4/15/202447 CR 12, June 25, 2024, effective 7/15/2024