Section 1200-03-30-.06 - ACID RAIN PERMIT ISSUANCE PROCEDURES (40 CFR PART 72, SUBPART G)(1) General. ( 40 CFR 72.72(b) ) The Technical Secretary will issue or deny all Acid Rain permits in accordance with paragraph 1200-3-9-.02(11), including the completeness determination, draft permit, administrative record, statement of basis, public notice and comment period, public hearing, proposed permit, permit issuance, permit revision, and appeal procedures as amended by Rule 1200-3-30-.06 and Rule 1200-3-30-.07.(2) Completeness. ( 40 CFR 72.72(b)(1)(i)(C) ) The Technical Secretary will submit a written notice of application completeness to the Administrator within 10 working days following a determination by the Technical Secretary that the Acid Rain permit application is complete.(3) Statement of basis. ( 40 CFR 72.64 )(a) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the Technical Secretary relied in issuing or denying the draft permit.(b) The statement of basis will include the reasons, and supporting authority, for approval or disapproval of any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions and to the administrative record.(c) The Technical Secretary will submit to the Administrator a copy of the draft Acid Rain permit and the statement of basis and all other relevant portions of the operating permit that may affect the draft Acid Rain permit. ( 40 CFR 72.72(b)(1)(ii) )(4) Issuance of Acid Rain permits. ( 40 CFR 72.69 )(a) Proposed permit. After the close of the public comment period, the Technical Secretary will incorporate all necessary changes and issue or deny a proposed Acid Rain permit. ( 40 CFR 72.72(b)(1)(v) )(b) The Technical Secretary will submit the proposed Acid Rain permit or denial of a proposed Acid Rain permit to the Administrator in accordance with part 1200-3-9-.02(11)(g) 1, the provisions of which shall be treated as applying to the issuance or denial of a proposed Acid Rain permit. ( 40 CFR 72.72(b)(1)(vi) )(c)1. Following the Administrator's review of the proposed Acid Rain permit or denial of a proposed Acid Rain permit, the Technical Secretary or, under part 1200-3-9-.02(11)(g) 3 (treated as applying to the issuance or denial of an Acid Rain permit), the Administrator will incorporate any required changes and issue or deny the Acid Rain permit in accordance with 1200-3-30-.05. ( 40 CFR 72.72(b)(1)(vii) )2. No Acid Rain permit (including a draft or proposed permit) shall be issued unless the Administrator has received a certificate of representation for the designated representative of the source in accordance with subpart B of 40 CFR part 72. ( 40 CFR 72.72(b)(1)(xii) )(d) Permit issuance deadline and effective date.1. On or before December 31, 1997, the Technical Secretary will issue an Acid Rain permit to each affected source whose designated representative submitted a timely and complete Acid Rain permit application by January 1, 1996 in accordance with paragraph 1200-3-30-.02(1) and meets the requirements of Rule 1200-3-30-.06 and paragraph 1200-3-9-.02(11).2. Nitrogen Oxides. Not later than January 1, 1999, the Technical Secretary will reopen the Acid Rain permit to add the Acid Rain Program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete Acid Rain permit application for nitrogen oxides in accordance with paragraph 1200-3-30-.02(1). Such reopening shall not affect the term of the Acid Rain portion of an operating permit. ( 40 CFR 72.72(b)(2) )3. Each Acid Rain permit issued in accordance with part (d)1 of this paragraph shall take effect by the later of January 1, 2000, or, where the permit governs a unit under part 1200-3-30-.01(3)(a) 3, the deadline for monitor certification under 40 CF R part 75. ( 40 CFR 72.73(b)(1)(ii) )4. Each Acid Rain permit shall have a term of 5 years commencing on its effective date. ( 40 CFR 72.72(b)(1)(ii) )5. An Acid Rain permit shall be binding on any new owner or operator or designated representative of any source or unit governed by the permit. ( 40 CFR 72.72(b)(1)(ix) )(e)1. Each Acid Rain permit shall contain all applicable Acid Rain requirements, shall be a portion of the operating permit that is complete and segregable from all other air quality requirements, and shall not incorporate information contained in any other documents, other than documents that are readily available. ( 40 CFR 72.72(b)(1)(x) )2. Invalidation of the Acid Rain portion of an operating permit shall not affect the continuing validity of the rest of the operating permit, nor shall invalidation of any other portion of the operating permit affect the continuing validity of the Acid Rain portion of the permit. ( 40 CFR 72.72(b)(1)(xi) )(5) Acid Rain Permit Appeal Procedures.(a) Appeals of the Acid Rain portion of an operating permit issued by the Technical Secretary that do not challenge or involve decisions or actions of the Administrator under 40 CFR part 72, 73, 75, 77 and 78 and sections 407 and 410 of the Act and regulations implementing sections 407 and 410 shall be conducted according to the procedures in part 1200-3-9-.02(11)(a) 3. Appeals of the Acid Rain portion of such a permit that challenge or involve such decisions or actions of the Administrator shall follow the procedures under 40 CFR part 78 and section 307 of the Act. Such decisions or actions include, but are not limited to, allowance allocations, determinations concerning alternative monitoring systems, and determinations of whether a technology is a qualifying repowering technology. ( 40 CFR 72.72(b)(5)(i) )(b) No administrative appeal of the Acid Rain portion of an operating permit shall be allowed more than 30 days following respectively issuance of the Acid Rain portion that is subject to administrative appeal or issuance of the final agency action subject to judicial appeal. Judicial appeals must be filed within 60 days of the Board's final action. ( 40 CFR 72.72(b)(5)(ii) )(c) The Administrator may intervene as a matter of right in any State administrative appeal of an Acid Rain permit or denial of an Acid Rain permit. ( 40 CFR 72.72(b)(5)(iv) )(d) No administrative appeal concerning an Acid Rain requirement shall result in a stay of the following requirements: ( 40 CFR 72.72(b)(5)(vii) and 78.7 ) 1. the allowance allocations for any year during which the appeal proceeding is pending or is being conducted;2. any standard requirement under paragraph 1200-3-30-.01(6).3. the emissions monitoring and reporting requirements applicable to the affected units at an affected source under 40 CFR part 75;4. uncontested provisions of the decision on appeal; and5. the terms of a certificate of representation submitted by a designated representative under subpart B of 40 CFR part 72.(e) The Technical Secretary will serve written notice on the Administrator of any State administrative or judicial appeal concerning an Acid Rain provision of any operating permit or denial of an Acid Rain portion of any operating permit within 30 days of the filing of the appeal. ( 40 CFR 72.72(b)(5)(iii) )(f) The Technical Secretary will serve written notice on the Administrator of any determination or order in a State administrative or judicial proceeding that interprets, modifies, voids, or otherwise relates to any portion of an Acid Rain permit. Following any such determination or order, the Administrator will have an opportunity to review and veto the Acid Rain permit or revoke the permit for cause in accordance with subparagraph 1200-3-9-.02(11)(g). ( 40 CFR 72.72(b)(5)(v) )Tenn. Comp. R. & Regs. 1200-03-30-.06
Original rule filed June 30, 1994; effective September 15, 1994.Authority: T.C.A. §§ 668-201-105 and 4-5-202.