D.C. Mun. Regs. tit. 20, r. 20-304

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 20-304 - PERMIT REVIEW BY THE ADMINISTRATOR AND AFFECTED STATES

304.1

The transmission of information to the Administrator shall be accomplished as follows:

(a) Unless the Administrator waives this requirement, the Mayor shall provide to the Administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final Part 70 permit. The Mayor may require the applicant to provide a copy of the permit application (including the compliance plan) directly to the Administrator. Upon agreement with the Administrator, the Mayor may transmit to the Administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information will be provided in computer-readable format compatible with the Administrator's national database management system; and

(b) The Mayor shall keep for five (5) years the records and transmit to the Administrator such information as the Administrator may reasonably require to ascertain whether the State program complies with the requirements of the Act or of Part 70.

304.2

Review of permit information by the Affected States shall be allowed in the following manner:

(a) The Mayor shall give notice of each draft permit to any Affected State on or before the time that the Mayor provides this notice to the public under § 303.10, except to the extent § 303.5(b) or 303.5(c) requires the timing of the notice to be different; and

(b) As part of the Mayor's transmittal of a proposed permit to the Administrator (or as soon as possible after the transmittal for minor permit modification procedures under § 303.5(b) or (c)), the Mayor shall notify the Administrator and any Affected State in writing of any refusal by the Mayor to accept all recommendations for the proposed permit that the Affected State submitted during the public or Affected State review period. The notice will include the Mayor's reasons for not accepting any such recommendation. The Mayor is not required to accept recommendations that are not based on applicable requirements or the requirements of this chapter.

304.3

The Administrator shall object to the issuance of any proposed permit determined by the Administrator not to be in compliance with the requirements of the Part 70 regulations:

(a) No permit for which an application must be transmitted to the Administrator under § 304.1 shall be issued, if the Administrator objects to its issuance in writing within forty-five (45) days of receipt of the proposed permit and all necessary supporting information. Except as provided in § 304.3(c), the grounds for any such objection shall only be that the permit will not comply with applicable requirements or 40 CFR Part 70 regulations;

(b) Any Administrator's objection under § 304.3(a) shall include a statement of the Administrator's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections. The Administrator will provide the permit applicant a copy of the objection;

(c) Failure of the Mayor to do any of the following also shall constitute grounds for an objection:

(1) Comply with § 304.1 or 304.2;

(2) Transmit any information necessary to review adequately the proposed permit; or

(3) Process the permit under the procedures approved to meet § 303.10 except for minor permit modifications; and

(d) If the Mayor fails, within ninety (90) days after the date of an objection under § 304.3(a), to revise and transmit a proposed permit in response to the objection, the Administrator will issue or deny the permit in accordance with the requirements of Part 70.

304.4

If the Administrator does not object in writing under § 304.3, any person that meets the requirements of this subsection may petition the Administrator within sixty (60) days after the expiration of the Administrator's forty-five (45) day review period to make the objection. Any petition shall be based only on objections to the permit that the petitioner raised with reasonable specificity during the public comment period provided for in § 303.10, unless the petitioner demonstrates that it was impracticable to raise the objections within that period, or unless the grounds for the objection arose after such period. If the Administrator objects to the permit as a result of a petition filed under this paragraph, the Mayor shall not issue the permit until the Administrator's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five (45) day review period and prior to the Administrator's objection. If the Mayor has issued a permit prior to receipt of the Administrator's objection under this paragraph, the Administrator shall modify, terminate, or revoke the permit, and shall do so consistent with the procedures in § 303.7 except in unusual circumstances, and the Mayor may thereafter issue only a revised permit that satisfies the Administrator's objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

D.C. Mun. Regs. tit. 20, r. 20-304

Final Rulemaking published at 40 DCR 8105, 8144 (November 19, 1993)