[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR70.8]

[Page 234-236]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 70_STATE OPERATING PERMIT PROGRAMS--Table of Contents
 
Sec. 70.8  Permit review by EPA and affected States.

    (a) Transmission of information to the Administrator. (1) The permit 
program shall require that the permitting authority provide to the 
Administrator a copy of each permit application (including any 
application for permit modification), each proposed permit, and each 
final part 70 permit. The applicant may be required by the permitting 
authority to provide a copy of the

[[Page 235]]

permit application (including the compliance plan) directly to the 
Administrator. Upon agreement with the Administrator, the permitting 
authority may submit to the Administrator a permit application summary 
form and any relevant portion of the permit application and compliance 
plan, in place of the complete permit application and compliance plan. 
To the extent practicable, the preceding information shall be provided 
in computer-readable format compatible with EPA's national database 
management system.
    (2) The Administrator may waive the requirements of paragraphs 
(a)(1) and (b)(1) of this section for any category of sources (including 
any class, type, or size within such category) other than major sources 
according to the following:
    (i) By regulation for a category of sources nationwide, or
    (ii) At the time of approval of a State program for a category of 
sources covered by an individual permitting program.
    (3) Each State permitting authority shall keep for 5 years such 
records and submit to the Administrator such information as the 
Administrator may reasonably require to ascertain whether the State 
program complies with the requirements of the Act or of this part.
    (b) Review by affected States. (1) The permit program shall provide 
that the permitting authority give notice of each draft permit to any 
affected State on or before the time that the permitting authority 
provides this notice to the public under Sec. 70.7(h) of this part, 
except to the extent Sec. 70.7(e) (2) or (3) of this part requires the 
timing of the notice to be different.
    (2) The permit program shall provide that the permitting authority, 
as part of the submittal of the proposed permit to the Administrator [or 
as soon as possible after the submittal for minor permit modification 
procedures allowed under Sec. 70.7(e) (2) or (3) of this part], shall 
notify the Administrator and any affected State in writing of any 
refusal by the permitting authority to accept all recommendations for 
the proposed permit that the affected State submitted during the public 
or affected State review period. The notice shall include the permitting 
authority's reasons for not accepting any such recommendation. The 
permitting authority is not required to accept recommendations that are 
not based on applicable requirements or the requirements of this part.
    (c) EPA objection. (1) The Administrator will object to the issuance 
of any proposed permit determined by the Administrator not to be in 
compliance with applicable requirements or requirements under this part. 
No permit for which an application must be transmitted to the 
Administrator under paragraph (a) of this section shall be issued if the 
Administrator objects to its issuance in writing within 45 days of 
receipt of the proposed permit and all necessary supporting information.
    (2) Any EPA objection under paragraph (c)(1) of this section shall 
include a statement of the Administrator's reasons for objection and a 
description of the terms and conditions that the permit must include to 
respond to the objections. The Administrator will provide the permit 
applicant a copy of the objection.
    (3) Failure of the permitting authority to do any of the following 
also shall constitute grounds for an objection:
    (i) Comply with paragraphs (a) or (b) of this section;
    (ii) Submit any information necessary to review adequately the 
proposed permit; or
    (iii) Process the permit under the procedures approved to meet Sec. 
70.7(h) of this part except for minor permit modifications.
    (4) If the permitting authority fails, within 90 days after the date 
of an objection under paragraph (c)(1) of this section, to revise and 
submit a proposed permit in response to the objection, the Administrator 
will issue or deny the permit in accordance with the requirements of the 
Federal program promulgated under title V of this Act.
    (d) Public petitions to the Administrator. The program shall provide 
that, if the Administrator does not object in writing under paragraph 
(c) of this section, any person may petition the Administrator within 60 
days after the expiration of the Administrator's 45-day review period to 
make such objection. Any such petition shall be based only on objections 
to the permit that were

[[Page 236]]

raised with reasonable specificity during the public comment period 
provided for in Sec. 70.7(h) 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 arose after such 
period. If the Administrator objects to the permit as a result of a 
petition filed under this paragraph, the permitting authority shall not 
issue the permit until EPA's objection has been resolved, except that a 
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. If the permitting authority 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 Sec. 70.7(g) 
(4) or (5) (i) and (ii) of this part except in unusual circumstances, 
and the permitting authority may thereafter issue only a revised permit 
that satisfies EPA's objection. In any case, the source will not be in 
violation of the requirement to have submitted a timely and complete 
application.
    (e) Prohibition on default issuance. Consistent with Sec. 
70.4(b)(3)(ix) of this part, for the purposes of Federal law and title V 
of the Act, no State program may provide that a part 70 permit 
(including a permit renewal or modification) will issue until affected 
States and EPA have had an opportunity to review the proposed permit as 
required under this section. When the program is submitted for EPA 
review, the State Attorney General or independent legal counsel shall 
certify that no applicable provision of State law requires that a part 
70 permit or renewal be issued after a certain time if the permitting 
authority has failed to take action on the application (or includes any 
other similar provision providing for default issuance of a permit), 
unless EPA has waived such review for EPA and affected States.