Iowa Admin. Code r. 567-22.109 - [Effective until 6/19/2024] General permits
(1)
Applicability. The director may issue a general permit for
multiple sources that contain a number of operations and processes which emit
pollutants with similar characteristics and that have substantially similar
requirements regarding emissions, operations, monitoring and record keeping.
General permits shall not be issued to Title IV affected sources except as
provided in regulations promulgated by the administrator under Title IV of the
Act.
(2)
Issuance of
general permits. General permits may be issued by the director and
codified in this chapter following notice and opportunity for public
participation consistent with the procedures contained in subrule 22.107(6).
Public participation shall be provided for a new general permit, for any
revision of an existing general permit, and for renewal of an existing general
permit. Permit review by the administrator and affected states shall be
provided consistent with subrule 22.107(7). Each general permit shall identify
criteria by which sources may qualify to operate under the general permit and
shall comply with all requirements applicable to other Title V
permits.
(3)
Applications. Any source that would qualify for a general
permit must apply for either (a) coverage under the terms of the general permit
or (b) an individual Title V permit. Applications for authority to operate
under the terms of a general permit shall be made on the "General Permit
Application Form" and shall specify the general permit concerned by citing the
subrule containing that general permit. These applications may deviate from the
Title V individual permit application but shall include all information
necessary to determine qualification for, and to ensure compliance with, the
general permit. If a source is later determined not to qualify for the terms
and conditions of the general permit, then the source shall be subject to
enforcement action for operation without a Title V operating permit.
(4)
General permit content.
A general permit shall include all of the following:
a. The terms and conditions required for all
sources authorized to operate under the permit;
b. Emission limitations and standards,
including those operational requirements and limitations that ensure compliance
with all applicable requirements at the time of the permit issuance;
c. A compliance plan;
d. Monitoring, record keeping, and reporting
requirements to ensure compliance with the terms and conditions of the general
permit. These requirements shall ensure the use of consistent terms, test
methods, units, averaging periods, and other statistical conventions consistent
with the applicable emissions limitations, standards, and other requirements
contained in the general permit;
e.
The requirement to submit at least every six months the results of any required
monitoring;
f. References to the
authority for the term or condition;
g. A provision specifying permit duration as
a fixed term not to exceed five years;
h. A severability clause provision pursuant
to subrule 22.108(8);
i. A
provision for payment of fees pursuant to subrule 22.108(10);
j. A provision for emissions trading pursuant
to subrules 22.108(11) and 22.108(13);
k. Other provisions pursuant to subrule
22.108(9);
l. Statement that the
Title V permit is to be kept at the site of the source as well as at the
corporate offices; and
m. The
process for individual sources to apply for coverage under the general
permit.
(5)
Action on general permit application.
a. Once the director has issued a general
permit, any source which is a member of the class of sources covered by the
general permit may apply to the director for authority to operate under the
general permit.
b. Review of a
general permit application. The director shall grant the conditions and terms
of a general permit to all sources that apply and qualify under the identified
criteria.
c. The director may grant
a source's request for authorization to operate under a general permit without
repeating the public participation procedures followed in subrule 22.109(2).
However, such a grant shall not be a final permit action for purposes of
judicial review.
(6)
General permit renewal. The director shall review and may
renew general permits every five years. A source's authorization to operate
under a general permit shall expire when the general permit expires regardless
of when the authorization began during the five-year period.
(7)
Relationship to individual
permits. Any source covered by a general permit may request to be
excluded from coverage by applying for an individual Title V permit. Coverage
under the general permit shall terminate on the date the individual Title V
permit is issued.
(8)
Permit shield for general permit. Each general permit issued
under this chapter shall specifically identify all federal, state, and local
air pollution control requirements applicable to the source at the time the
permit is issued. The permit shall state that compliance with the conditions of
the permit shall be deemed compliance with any applicable requirements as of
the date of permit issuance. Any permit under this chapter that does not
expressly state that a permit shield exists shall be presumed not to provide
such a shield. Notwithstanding the above provisions, the source shall be
subject to enforcement action for operation without a permit if the source is
later determined not to qualify for the conditions and terms of the general
permit.
(9)
Revocations of
authority to operate.
a. The
director may require any source or a class of sources authorized to operate
under a general permit to individually apply for and obtain a Title V permit at
any time if:
(1) The source is not in
compliance with the terms and conditions of the general permit;
(2) The director has determined that the
emissions from the source or class of sources is contributing significantly to
ambient air quality standard violations and that these emissions are not
adequately addressed by the terms and conditions of the general permit;
or
(3) The director has information
which indicates that the cumulative effects on human health and the environment
from the sources covered under the general permit are unacceptable.
b. The director shall provide
written notice to all sources operating under that general permit of the
proposed revocation of that general permit. Such notice shall include an
explanation of the basis for the proposed action.
Notes
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