§ 19-0311. Operating permit program for sources subject to federal Clean\n Air Act.\n 1. The department shall establish an operating permit program for\nsources subject to Title V of the Act. Upon approval of such program by\nthe administrator, the following sources of regulated air contaminants,\nhereinafter referred to as "sources", shall obtain an operating permit\npursuant to this section:\n a. major stationary sources;\n b. any source, including an area source, subject to a standard,\nlimitation or other requirement under section 7412 of the Act, except\nthat a source is not required to obtain an operating permit pursuant to\nthis section solely because it is subject to regulation under section\n7412(r) of the Act;\n c. sources subject to a standard, limitation or other requirement\nunder section 7411 of the Act;\n d. affected sources pursuant to Title IV of the Act; and\n e. any source in a source category designated by the commissioner in\nregulation, which shall be the same as the list of sources promulgated\nby the administrator pursuant to the Act.\n 2. In implementing this section, the department shall:\n a. review and revise, as necessary to be consistent with the Act and\nother applicable federal and state laws, existing regulations to provide\nfor adequate, streamlined and reasonable procedures for processing\npermit applications, for public notice and participation, including\noffering an opportunity for public comment and hearing, and for\nexpeditious review of permit actions, including applications, renewals\nand revisions;\n b. notwithstanding the provisions of paragraph i of this subdivision,\nestablish regulations for a phased schedule for acting on complete\npermit applications. Such schedule shall ensure that at least one-third\nof such permits shall be acted upon by the department annually over a\nperiod of three years after the administrator approves the operating\npermit program;\n c. promulgate regulations, consistent with the Act and other\napplicable federal and state laws, for expeditiously determining whether\nan application for a permit is complete. Such regulations shall specify\nthat, in order to be deemed complete, an application shall include:\n (i) source identification information;\n (ii) a description of the source's processes and products by Standard\nIndustrial Classification Code, including any associated with alternate\nscenarios identified by the source;\n (iii) an identification and description of emissions and emission\npoints, including rates of such emissions in sufficient detail to\nestablish the basis for the fees and applicability of requirements of\nthe Act;\n (iv) an identification of pollution control activities and compliance\nmonitoring devices or activities;\n (v) any limitations on operations or any work practice standards;\n (vi) any calculations on which the information provided to the\ndepartment is based;\n (vii) citation and description of all applicable requirements in state\nand federal law;\n (viii) a description of or reference to any applicable test method for\ndetermining compliance with applicable requirements;\n (ix) information determined necessary by the department to define\nalternative operating scenarios identified by the permit applicant;\n (x) compliance plans;\n (xi) schedules of compliance;\n (xii) schedules for submission of certified progress reports;\n (xiii) a compliance certification;\n (xiv) completed forms as required under Title IV of the Act;\n (xv) certification by a responsible official that the information\nsubmitted is true, accurate and complete; and\n (xvi) any other information required by the Act or other applicable\nfederal or state laws and implementing regulations. Provided, however,\nthat applications for permit revisions need contain such information\nonly to the extent required by the Act or regulations promulgated\nthereunder.\n d. determine, consistent with subdivision 3 of section 70-0
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