Section 129-6-006 - Class I Operating Permit EPA Review, Affected State Review; Class II Operating Permit006.01 Unless the Administrator waives or modifies this requirement, the Department shall provide to the Administrator of EPA a copy of each Class I operating permit application or modification, each proposed Class I permit, and each final Class I permit. The Department may require the permit applicant to provide a copy of the permit application, including the compliance plan, directly to the Administrator of EPA.006.02 The Director shall give notice of each draft Class I operating permit to any affected state on or before the time that the Department provides notice to the public. The Department shall notify the Administrator of EPA, TAS, and any affected State in writing of the reasons for any refusal by the Department to accept all recommendations for the proposed permit that the affected State submitted.006.03 The Director shall not issue a Class I operating permit if the Administrator of EPA objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information.006.04 If the Administrator of EPA objects to a Class I operating permit as a result of a petition for review filed pursuant to Section 505(b)(2) of the Act, the Department shall not issue the permit until EPA's objection has been resolved, except that a petition for review shall not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45 day EPA review period and prior to an EPA objection.006.05 If the Director has issued a Class I operating permit to which EPA objects as a result of a petition for review filed pursuant to Section 505(b)(2) of the Act, the permit may be reopened in accordance with the procedures in Chapter 9.006.06 Prohibition on Default Issuance. 006.06A Notwithstanding the time period specified in Section 003 of this Chapter, no Class I operating permit, including a permit renewal or revision, will be issued until: 006.06A1 Affected States and the Administrator have had an opportunity to review the proposed permit, and006.06A2 The Director has acted on the application.006.06B No Class II operating permit, including a permit renewal or revision, will be issued until the Director has acted on the application.129 Neb. Admin. Code, ch. 6, § 006
Adopted effective 9/28/2022