(a) Except as provided in subsection (b), no federal oversight source or any other air pollutant emission source with potential emissions greater than 1 ton per year of any air pollutant or more than 0.1 ton per year of any hazardous air pollutant may begin construction or continue operation without first obtaining a valid stationary air pollution source permit from the Commission.

(b) If an air pollution emission source is also a major source emitting HAPs, the owner or operator of such source shall obtain an air pollution control permit from the USEPA Administrator under the provisions of 40 CFR Part 71. A copy of this permit shall be furnished to the Commission prior to the commencement or continuation of construction, reconstruction, modification, relocation or operation of the source.

(c) Stationary air pollution source permits issued by the Commission shall remain valid past the expiration date and the air pollution emission source shall not be in violation for failing to have a stationary air pollution source permit until the Commission has issued or denied the renewal of such permit, provided:

(1) In the six to eighteen months prior to permit expiration, a complete renewal application has been submitted and the owner or operator acts consistently with the permit previously granted, and the application on which it was based, and all plans, specifications, and other information submitted as part of the application; and

(2) The owner or operator has submitted to the Commission within the specified deadlines all requested additional information deemed necessary to evaluate or take final action on the renewal application as described in section 24.0524.

(d) The air pollution control permit shall not constitute, nor be construed as an approval of the design of the air pollution emission source. The permit shall be issued in accordance with these Standards and Regulations and it is the responsibility of the applicant to ensure compliance with all applicable requirements in the construction of any air pollution emission source.

History: 2005