11 Miss. Code. R. § 2-6.4 Permit Issuance(s), Renewal(s), Reopening(s), and Revision(s)

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-6.4
• Year: 2023

A. Action on application.

(1) A permit, permit modification, or renewal may be issued only upon satisfaction of the conditions that follow: (a) the DEQ has received a complete application for a permit, permit modification, or permit renewal except that a complete application need not be received before issuance of a general permit under Rule 11undefined6.3.D of these regulations; (b) except for modifications qualifying for minor permit modification procedures under this section, the DEQ has complied with the requirements for public participation under this section; (c) the DEQ has complied with the requirements for notifying and responding to Affected State(s) under Rule 11undefined6.5.B of these regulations; (d) the conditions of the permit provide for compliance with all applicable requirements and the requirements of these regulations; and (e) the Administrator has received a copy of the proposed permit and any notices required under Rule 11undefined6.5.A. and Rule 11undefined6.5.B. of these regulations, and has not objected to issuance of the permit under Rule 11undefined6.5.C. of these regulations within the time period specified therein.

(2) Except as provided under the initial transition plan or under regulations promulgated under Title IV or Title V of the Federal Act for the permitting of affected sources under the acid rain program, the Permit Board shall take final action on each permit application (including a request for permit modification or renewal) within 180 days or as otherwise provided for under State Law, after receiving a complete application.

(3) The DEQ 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 DEQ shall send this statement to any person upon a written request and to EPA.

(4) The submittal of a complete application shall not affect the requirement that any source have a Construction Permit.

B. Requirement for a permit. Except as provided in the following sentence, and paragraphs of this section, no Title V source may operate after the time that it is required to submit a timely and complete application, except in compliance with a Title V permit. If a Title V source submits a timely and complete application for permit issuance (including for renewal), the source's failure to have a Title V permit is not a violation of these regulations until the Permit Board takes final action on the permit application, except as noted in this section. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to Rule 11undefined6.2.A(2) and as required by Rule 11undefined6.2.A(2) of these regulations, the applicant fails to submit by the deadline specified in writing by the DEQ any additional information identified as being needed to process the application.

C. Permit renewal and expiration.

(1) Permits being renewed are subject to the same procedural requirements, including those for public participation, Affected State(s) review and EPA review, that apply to initial permit issuance; and

(2) Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted consistent with Rule 6.4.B and Rule 11undefined6.2.A(1)(c) of these regulations.

D. Administrative permit amendments.

(1) An "administrative permit amendment" is a permit revision that revises a permit as follows:(a) corrects typographical errors; (b) identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source; (c) requires more frequent monitoring or reporting by the permittee; and, (d) allows for a change in ownership or operational control of a source in accordance with Rule 6.4.D(4).

(2) Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Federal Act.

(3) Administrative permit amendment procedures. Any administrative permit amendment except for change in ownership or operational control may be made by the DEQ consistent with the following:(a) The DEQ shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or Affected State(s) provided that it designates any such permit revisions as having been made pursuant to this paragraph. (b) The DEQ shall submit a copy of the revised permit to the Administrator. (c) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

(4) Permit Transfer. An administrative permit amendment may be made by the Permit Board authorizing changes in ownership or operational control consistent with the following (a) the Permit Board shall take action within 60 days after receipt of a completed request for a permit transfer, unless a public hearing is scheduled. The Permit Board may incorporate such changes without providing notice to the public or affected State(s) provided that it designates any such permit revision as having been made pursuant to this paragraph. (b) A permit transfer shall be approved upon satisfaction of the following (1) the applicant for transfer approval can demonstrate to the Permit Board it has the financial resources, operational expertise and environmental compliance history over the last five years to insure compliance with the terms and conditions of the permit to be transferred except where this conflicts with State Law, and (2) the Permit Board determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the DEQ. (c) The DEQ shall submit a copy of the revised permit to the Administrator.

E. Permit Modification. A permit modification is any revision to a Title V permit that cannot be accomplished under the program's provisions for administrative permit amendments under Rule 6.4.D. A permit modification for purposes of the...