Section 252.103  Application for a Prevention of Significant Deterioration Permit

a)         Applicable procedures of the Consolidated Permit Regulations, 40 CFR 124, shall be followed for the issuance of permits pursuant to the federal PSD rules for new major stationary sources and major modifications.

b)         Applicable procedures of this Part shall also be followed for issuance of such permits.

c)         The following shall apply regarding denials of PSD permit applications:

1)         The procedures of this Part shall also apply if the Agency proposes to deny an application for a PSD permit if the reasons for denial are those for which appeal to the Administrator of the United States Environmental Protection Agency (USEPA) would be necessary.  Such reasons may relate to requirements of the PSD rule which have been subject to interpretation by USEPA, including but not limited to the methodology for performing air quality analyses, the need for gathering site-specific ambient air quality data, the procedures for evaluating Best Available Control Technology (BACT), and the criteria used to establish BACT.

2)         For those PSD permits for which public comment is required for a proposed denial of a permit pursuant to subsection (1) above, the following shall apply:

i)          Where the procedures of this Part refer to a draft permit, they shall also apply to a draft permit denial letter; and

ii)         Where the procedures of this Part refer to a notice of intent to issue, they shall also apply to a notice of intent to deny.

3)         Following a public comment period on the proposed denial of the permit, if the Agency determines that a permit should be issued, a public comment period shall be held on the proposed issuance of the permit.

(Source:  Section repealed, new Section added at 17 Ill. Reg. 9684, effective June 10, 1993)