250 R.I. Code R. 250-RICR-120-05-29.13

Current through December 26, 2024

Section 250-RICR-120-05-29.13 - Procedures for Processing Permit Applications

29.13.1Action on Application

A. A permit, permit modification or permit renewal may be issued only if all of the following conditions have been met:

1. The Office of Air Resources has a complete application for a permit, permit modification or permit renewal.

2. Except for modifications qualifying as minor permit modifications, the Office of Air Resources has complied with the requirements for public participation as stated in §§ 29.13.2(D) through (M) of this Part.

3. The Office of Air Resources has complied with the requirements for notifying and responding to affected States.

4. The conditions of the permit provide for compliance with all applicable requirements and the requirements of this regulation; and

5. The EPA has received a copy of the proposed permit and any notices required by § 29.13.2(H) of this Part and has not objected to the issuance of the permit within the time period specified.

B. Priority shall be given to applications for construction or modification under 42 U.S.C. §§ 7440-7490 (CAA §§ 160-169(b)) and 42 U.S.C. §§ 7501-7515 (CAA §§ 171-193).

C. Except as provided under the initial transition plan or under regulations promulgated under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-406) or 42 U.S.C. §§ 7661-7661f (CAA §§ 501-507) for permitting of affected sources under the acid rain program, the Office of Air Resources shall take final action on each permit application (including a request for permit modification or renewal) within eighteen (18) months after receiving a complete application.

29.13.2Initial Permit Issuance

A. The Office of Air Resources shall notify the applicant of whether the application is complete within sixty (60) days of receipt of the application. A complete application must provide all the information requested in § 29.9.1 of this Part. Unless the Office of Air Resources requests additional information or otherwise notifies the applicant of incompleteness within sixty (60) days of receipt of an application, the application shall be deemed complete. However, if while reviewing a complete permit application it is determined that additional information is required to take final action on the permit, the Office of Air Resources may request such information in writing and set a reasonable deadline for a response.

B. A copy of each complete permit application will be forwarded to the EPA. The Office of Air Resources may require the applicant to send a copy of the application (including the compliance plan) directly to the EPA. Upon agreement with EPA, the Office of Air Resources may submit to EPA a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete application and compliance plan.

C. The Office of Air Resources shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The Office of Air Resources shall send this statement to EPA and to any other person who requests it.

D. The Office of Air Resources shall review each application and shall give public notice of its intention to either issue a permit or deny the application. The draft permit or tentative denial, including all supporting documentation, shall be made available for public comment. A public notice shall be posted on the Department's website. Public notice may also include any other means the Office of Air Resources finds is necessary to assure adequate notice to the affected public of the opportunity for public comment.

E. All public notices shall contain the following minimum information:

1. Identification of the affected facility.

2. Name and address of the permittee.

3. Name and address of the Rhode Island Department of Environmental Management, Office of Air Resources (the agency reviewing the permit).

4. The activity or activities involved in the permit action.

5. The emissions change involved in any permit modification.

6. The name, address and telephone number of a person from whom interested persons may obtain additional information, including the availability for public inspection of copies of the draft permit, the application, all relevant supporting information including; compliance plans, monitoring and compliance certification reports (except for information entitled to confidential treatment pursuant to 42 U.S.C. § 7414(c) (CAA § 114(c)); and all other materials available to the Office of Air Resources that are relevant to the permit decision.

7. A brief description of the comment procedures required by this regulation.

8. The time and place of any hearing that may be held, including a statement of procedures to request a hearing unless a hearing has already been scheduled.

F. At a minimum, a copy of the public notice shall be sent to:

1. The permit applicant.

2. The Regional Administrator of the EPA.

3. The chief executives of the city or town where the stationary source is located.

4. Persons on a mailing list developed by the Office of Air Resources, including those who request in writing to be on the list.

5. Any affected State.

G. A public hearing for interested persons to appear and submit written or oral comments on the draft permit or tentative denial shall be held if requested by ten (10) or more persons, or by a governmental subdivision or agency or by an association having not less than ten (10) members. The Director shall also hold a hearing, whenever they believe there is a significant degree of public interest in the proposed action. If held, a hearing shall take place no earlier than thirty (30) days nor later than sixty (60) days following initial public notice. The public shall have at least thirty (30) days notice of any hearing. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, to be considered part of the record, must be submitted during the public comment period. The public comment period shall commence on the date of initial public notice. The public comment period shall close thirty (30) days later, if no hearing is held. If a public hearing is held, the public comment period shall close at the close of the public comment hearing or on a date set by the Office of Air Resources.

H. After the close of the public comment period, the Office of Air Resources shall prepare a proposed permit. The Office of Air Resources shall provide a written response to each substantive public comment. A copy of the proposed permit will be forwarded to the EPA. The Office of Air Resources shall, when submitting a proposed or revised permit to EPA for review, notify the EPA and any affected State of any refusal by the Office of Air Resources to accept all recommendations for the proposed revised permit that the affected state submitted during its review period. The notice shall include the Office of Air Resource's reasons for not accepting any such recommendation. The Office of Air Resources is not required to accept any recommendations that are not based on applicable requirements or the requirements of 40 C.F.R. § 70.

I. The Office of Air Resources shall maintain, for seven (7) years, a record of the commenters and also of the issues raised during the public participation process. Such records shall be available to the public upon request.

J. No permit for which an application must be transmitted to the EPA under this regulation shall be issued if the EPA objects to its issuance in writing within forty-five (45) days of receipt of the proposed permit and all necessary supporting information. The EPA will object to the issuance of any permit which it determines is not in compliance with the applicable requirements or requirements under 40 C.F.R. § 70.

K. Any EPA objection under § 29.13.2(J) of this Part shall include a statement of the EPA's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections. The EPA will provide the permit applicant a copy of the objection.

L. Within ninety (90) days after the date of an objection under § 29.13.2(J) of this Part, the Office of Air Resources shall revise the proposed permit in response to the objection and issue the permit or deny the application in writing. A copy of each final permit will be forwarded to the EPA.

M. If the Office of Air Resources fails, within ninety (90) days after the date of an objection under § 29.13.2(J) of this Part, to revise and submit a final permit in response to the objection, the EPA will issue the permit or deny the application in accordance with the requirements of the Federal Operating Permit Program promulgated under 40 C.F.R. § 71 .

29.13.3Public Petitions to the EPA

A. If the EPA does not object in writing as stated in § 29.13.2(I) of this Part any person may petition the EPA within sixty (60) days after the expiration of the EPA's 45-day review period to make such objection. Any such petition shall be based on comments raised with reasonable specificity during the public comment period provided for in § 29.13.2(G) of this Part unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection period arose after such period.

B. If the EPA objects to the permit as a result of a petition filed under this paragraph, the Office of Air Resources shall not issue the permit until EPA's objection has been resolved, except that the petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection.

C. If the Office of Air Resources has issued a permit prior to receipt of an EPA objection under this paragraph, the Administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in §§ 29.13.6(D) or 29.13.6(E)(1) and (2) of this Part except in unusual circumstances, and the Office of Air Resources may thereafter issue only a revised permit that satisfies EPA's objection. In any case, the stationary source will not be in violation of the requirement to have submitted a timely and complete application.

29.13.4Permit Renewal and Expiration

A. Permits being renewed are subject to the same procedural requirements, including those for public participation, affected State and EPA review, which apply to initial permit issuance.

B. Permit expiration terminates the stationary source's right to operate unless a timely and complete renewal application has been submitted consistent with §§ 29.8(B)(3), 29.8(C), and 29.8(F) of this Part or an emissions cap has been issued to the stationary source pursuant to § 29.7 of this Part.

C. If the Office of Air Resources fails to act in a timely manner with regard to a permit renewal, EPA may invoke its authority under 42 U.S.C. § 7661d(e) (CAA § 505(e)) to terminate or revoke and reissue the permit.

D. If a timely and complete application for a permit renewal is submitted, consistent with § 29.8(B)(3) of this Part, but the Office of Air Resources has failed to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied and any permit shield that may be granted pursuant to § 29.10(K) of this Part may extend beyond the original permit term until renewal.

29.13.5Reopenings for cause by the State

A. Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

B. Reopenings for cause by the State shall not be initiated before a notice of such intent is provided to the stationary source by the Office of Air Resources. This notice shall be sent at least thirty (30) days in advance of the date that the permit is to be reopened. In the case of an emergency, notice shall be sent five (5) days in advance of the date that the permit is to be reopened.

29.13.6Reopenings for cause by EPA

A. If the EPA finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to § 29.13.5 of this Part, the EPA will notify the Office of Air Resources and the permittee of such finding in writing.

B. The Office of Air Resources shall, within ninety (90) days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance as appropriate. The EPA may extend this 90-day period for an additional ninety (90) days if it finds that a new or revised permit application is necessary or that the EPA must require the permittee to submit additional information.

C. The EPA will review the proposed determination from the Office of Air Resources within ninety (90) days of receipt.

D. The Office of Air Resources shall have ninety (90) days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with EPA's objection.

E. If the Office of Air Resources fails to submit a proposed determination pursuant to § 29.13.6(B) of this Part or fails to resolve any objection pursuant to § 29.13.6(D) of this Part, the EPA will terminate, modify, or revoke and reissue the permit after taking the following actions:

1. Provide at least thirty (30) days written notice to the permittee of the reasons for any such action. This notice may be given during the procedures in §§ 29.13.6(A) through (D) of this Part.

2. Provide the permittee an opportunity for comment on EPA's proposed action and an opportunity for a hearing.

250 R.I. Code R. 250-RICR-120-05-29.13

Adopted effective 1/10/2019
Amended effective 4/9/2024