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7007.0350 EXISTING SOURCE APPLICATION DEADLINES AND SOURCE OPERATION DURING TRANSITION.

Subpart 1.

Transition applications under this part; deadline based on SIC code.

Initial permit applications under parts 7007.0100 to 7007.1850 for an emission unit, emission facility, or stationary source in operation on October 18, 1993, shall be considered timely if they meet the requirements of this part.

A.

Owners and operators of an existing stationary source with a Standard Industrial Classification (SIC) Code number in the left column of the following table shall submit a permit application by the corresponding date in the right column:

Category SIC Code Range Application Deadline
A 0000 to 2399, excluding 1422, 1423, 1429,
1442, 1446, 2041, and 2048
January 15, 1995
B 2400 to 2999 and 4953, excluding 2951 and
2952
April 15, 1995
C 3000 to 4499 June 15, 1995
D 4500 to 5099, excluding 4953 September 15, 1995
E 5100 to 8199 December 15, 1995
F 8200 to 9999, including 1422, 1423, 1429,
1442, 1446, 2041, 2048, 2951, and 2952
February 15, 1996

B.

If more than one SIC code describes activities at the stationary source, the SIC code that represents the primary type of activity of the stationary source shall be used. If no single SIC code represents the primary type of activity of the stationary source, the lowest SIC code that describes activities at the stationary source shall be used.

C.

If a single owner or operator is responsible for filing applications for three or more stationary sources under this subpart, the owner or operator may request the agency to allow it to submit one or more of its applications according to a subsequent deadline of this subpart. Such a request shall be made by the owner or operator in writing no later than 60 days before the application deadline which the applicant is seeking to postpone. The agency shall approve in writing such requests if they more evenly distribute the owner's or operator's stationary sources among the application deadlines in item A.

D.

An application date for a stationary source or group of stationary sources may be deferred by the commissioner under the following circumstances: a source or sources will soon be subject to a new federal requirement that will affect the source's application or the commissioner finds that it will reduce the agency's administrative burden by deferring the application deadline for sources required to obtain a state permit. The application dates for sources required to submit a part 70 permit application shall be deferred to a date no later than one year after the administrator grants part 70 program approval to Minnesota, and the application dates for sources required to submit a state permit application may not be deferred more than two years after EPA program approval. The source or sources are required to submit the permit application by the new date specified by the commissioner under this item.

E.

The owners and operators of a stationary source must comply with the applicable deadline in this part, even though the stationary source may be operating under a permit issued by the agency under parts 7001.1200 to 7001.1220 (the permit rules in effect before October 18, 1993), and the permit is not due to expire until after the applicable deadline in this part. If a stationary source is operating under a permit issued by the agency under parts 7001.1200 to 7001.1220, and the permit expires after October 18, 1993, but before the applicable deadline, the owners and operators need not reapply before expiration of the permit, but shall comply with the applicable deadline in this part.

F.

Except as provided in subitems (1) and (2), the agency waives its authority to take enforcement action against the owner or operator of a stationary source for failure to obtain a permit authorizing operation under parts 7001.1200 to 7001.1220, if the owners and operators file a timely and complete permit application under this part. This waiver does not apply to:

(1)

an owner's or operator's failure to obtain a permit required under the federal preconstruction review programs of part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act, or regulations promulgated under them; or

(2)

an owner's or operator's failure to obtain an amendment under parts 7001.1200 to 7001.1220 for modifications to a stationary source for which a permit had been obtained under those parts.

Subp. 2.

Compliance with permit or applicable requirements during transition.

A.

If a stationary source is operating under an air emission permit issued by the agency under parts 7001.1200 to 7001.1220 which has not expired as of October 18, 1993, and if the permittee submits a timely and complete application for reissuance under subpart 1, that permit shall be considered not to expire until a new permit is issued under parts 7007.0100 to 7007.1850. The preceding sentence also applies to stationary sources which have been operating under an air emission permit which was continued under part 7001.0160. The permittee shall continue to operate the stationary source in compliance with the terms of the existing permit and all applicable requirements.

B.

If an owner or operator of a stationary source has filed an application for a permit but not yet received it, the stationary source shall be operated in compliance with all applicable requirements until the permit is issued.

Subp. 3.

Application shield.

A.

If an owner or operator of an emissions unit, emission facility, or stationary source in operation on October 18, 1993, submits an application that is timely under this part and complete under part 7007.0600, the continued operation of the stationary source pending agency review of the permit application is not a violation of part 7007.0150, subpart 1.

B.

If after the completeness determination made pursuant to part 7007.0700, the applicant fails to submit, by the deadline specified in writing by the agency, any additional information identified as being needed to process the application, the protection provided in item A does not apply.

Subp. 4.

Preservation of enforcement authority.

The agency reserves its authority to take enforcement action against any source that violated the permitting requirements of parts 7001.1200 to 7001.1220 prior to their repeal or that violates any permit issued under those parts, except as provided under subpart 1, item E. Nothing in parts 7007.0100 to 7007.1850 shall be read to limit the administrator's authority to enforce parts 7001.1200 to 7001.1220 prior to their repeal or permits issued under those parts.

Subp. 5.

Acid rain sources.

Stationary sources subject to the requirement to obtain Phase II acid rain permits under title IV of the act shall submit permit applications or amendments to permit applications to the agency by January 1, 1996, for sulfur dioxide, and January 1, 1998, for nitrogen dioxide.

Statutory Authority:

MS s 116.07

History:

18 SR 1059; 19 SR 1345; 19 SR 1666; 20 SR 2316; 37 SR 991

Published Electronically:

January 24, 2013