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(Adopted October 8, 1993)(Amended August 11, 1995)

(Amended November 14, 1997)(Amended March 16, 2001)

(Amended November 5, 2010)

RULE 3003. APPLICATIONS

(a) Application Requirements

The operator of a Title V facility shall submit a timely and complete Title V 

permit application in accordance with this rule.

(1) Facilities Applying for Initial Title V Permits During Phase One

(A) For facilities required to obtain initial Title V permits pursuant to 

subdivision (a) of Rule 3001 and that are specifically identified by 

the District on or before the effective date as defined in paragraph 

(b)(78) of Rule 3000, a timely initial permit application is one 

submitted to the Executive Officer within 90 days of receipt of the 

District's notice to the facility with facility-specific application 

materials, or within one year from the effective date, whichever 

comes first. 

(B) For all other facilities required to obtain initial Title V permits 

pursuant to subdivision (a) of Rule 3001, a timely initial permit 

application is one that is submitted within 180 days after the 

facility becomes subject to the Title V permit program.

(2) Facilities Applying for Initial Title V Permits During Phase Two

(A) For existing facilities required to obtain initial Title V permits 

pursuant to subdivision (b) of Rule 3001, a timely initial permit 

application is one submitted to the Executive Officer within 90 

days of receipt of the District's notice to the facility with facilityspecific application materials, or no later than June 30, 2001, 

whichever occurs first. 

(B) For all other facilities required to obtain initial Title V permits 

pursuant to subdivision (b) of Rule 3001, a timely initial permit 

application is one that is submitted within 180 days after the 

facility becomes subject to the Title V permit program.

(3) Additional Facilities Applying for Initial Title V Permits

Except as set forth elsewhere in this subdivision or in subdivision (c) of 

this rule, a timely initial permit application is one that is submitted within 

180 days after the facility becomes subject to the Title V permit program.
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(4) A person who has filed a timely and complete application for an initial 

Title V permit with the Executive Officer shall be allowed to amend the 

initial Title V facility permit application if non-Title V Permits to 

Construct pursuant to Rule 201 or Permits to Operate pursuant to Rule 203 

were issued 30 days or more prior to the scheduled issuance of the initial 

proposed permit for public review.

(5) A person electing to apply for a non-Title V permit, as allowed by 

paragraph (a)(3) of Rule 3002, that is issued too late to be incorporated 

into the initial permit application in accordance with paragraph (a)(4) of 

this rule, shall file an application for a Title V permit revision within 90 

days of the issuance of a facility’s initial Title V permit.

(6) For purposes of permit renewal, a timely application is one that is 

submitted at least 180 days, but no more than 545 days, prior to the date of 

permit expiration.

(7) For facilities which are, or include, major sources (as defined in Section 

70.2 of 40 CFR Part 70) in categories or subcategories for which EPA has 

failed to promulgate a maximum achievable control technology emissions 

standard by the date established pursuant to subsections (e)(1) and (e)(3) 

of Section 112 of the federal Clean Air Act, a timely application for a 

facility permit or permit revision, as appropriate, is one which is submitted 

within 18 months of such failure, and which complies with Section 112 of 

the federal Clean Air Act.

(b) Application Content

(1) Initial Permit and Permit Renewal Applications

An applicant shall submit, on forms specified by the Executive Officer and 

approved by EPA, all information necessary to evaluate the subject facility 

and the application, to determine the applicability of and to impose all 

regulatory requirements, and to determine the fee amounts required 

pursuant to Regulation III - Permit Fees. 

(2) Permit Revision Applications

The applicant shall submit the same information as specified in paragraph 

(b)(1) of this rule, but only to the extent that such information is related to 

the permit revision. If applicable, information required by paragraphs 

(c)(2), (d)(2), and (e)(2) of Rule 3005 shall also be provided.
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(c) Complete Application

(1) The Executive Officer shall, upon receipt of any application, promptly 

determine whether the application is complete pursuant to the criteria set 

forth in the Technical Guidance Document. 

(2) Unless the Executive Officer determines that an application is not 

complete within 60 days of receipt of the application for initial permit 

issuance or permit renewal, or within 30 days of receipt for permit 

revisions, such application shall be deemed to be complete. 

(3) If the application is determined to be incomplete, the Executive Officer 

shall notify the applicant in writing what additional information is 

necessary to make the application complete and shall specify in writing a 

reasonable deadline for providing such information.

(4) If the applicant does not provide all requested information on or before the 

deadline specified, the Executive Officer may deny the application. The 

Executive Officer may extend the initial deadline if requested by the 

applicant.

(5) To be deemed complete, an application must provide all information 

required pursuant to subdivision (b) of this rule.

(6) An applicant shall provide application statements and information that are 

true, accurate, and complete, based on information and belief formed after 

reasonable inquiry.

(7) The responsible official shall certify all information provided as part of a 

permit application, a supplement or correction pursuant to subdivision (d) 

of this rule, or in response to a request for information from the Executive 

Officer. The certification shall state that, based on information and belief 

formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete.

(d) Duty to Supplement or Correct Application

(1) Any applicant for, or holder of, a Title V permit who fails to submit any 

relevant information or who has submitted incorrect information in an 

application for a permit or permit revision shall, upon becoming aware of 

such failure or incorrect submittal, promptly submit such supplementary 

facts or corrected information.

(2) An applicant shall provide such additional information as necessary to 

determine compliance with any requirements that became applicable to the 
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facility after the date a complete application was filed but prior to release 

of a proposed permit.

(e) Requests for Additional Information

(1) Even after an application is deemed complete, an applicant shall provide 

such additional information as has been requested in writing by the 

Executive Officer as necessary to evaluate or take final action on the

application, on or before the reasonable deadline specified in the request. 

(2) The facility's ability to operate without a permit, as set forth in subdivision 

(b) of Rule 3002 shall terminate at 5:00 p.m. on the date specified by the 

Executive Officer unless the applicant has, on or before that time provided 

all information requested by the Executive Officer pursuant to either 

paragraph (e)(1) of this rule, or subdivision (d) of Rule 3002. 

(f) Confidential Information

Whenever an applicant for, or holder of, a Title V permit submits information to 

the Executive Officer in connection with a Title V permit application under a 

claim of confidentiality, such applicant or permit holder may be required, by the 

Executive Officer, to submit a copy of such information directly to the EPA 

Administrator, along with a concise statement of the basis of such claim of 

confidentiality. 

(g) Sharing of Information

(1) Except as provided in paragraph (g)(2) of this rule, any information 

obtained from a facility or used in the administration of the Title V permit 

program shall be made available without restriction to EPA upon request. 

(2) Where the Executive Officer submits information to the EPA under a 

claim of confidentiality, the Executive Officer shall provide a copy of such 

claim if made by a third party, or a concise statement of the basis of such 

claim, if made by the Executive Officer.

(h) Preservation of New Source Review

The submittal of a complete Title V permit application, or application for revision 

of such permit, shall not relieve any person of the requirements for a preconstruction permit under Title I of the federal Clean Air Act, District Regulation 

XIII - New Source Review, or District Rule 2005 - New Source Review For 

RECLAIM.
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(i) Action on Applications

(1) The Executive Officer shall deny an application for initial permit, permit 

revision, or permit renewal if the applicant cannot show that operation 

under the permit will comply with all regulatory requirements, unless:

(A) the District Hearing Board has issued a valid variance granted 

pursuant to Rule 515 or Rule 517, order for abatement which has 

the effect of a variance pursuant to Regulation VIII, or federal 

alternative operating condition established pursuant to Rule 518.2 

for those regulatory requirements for which the facility is not in 

compliance; and

(B) the facility operator has submitted with the Title V permit 

application an acceptable compliance plan.

(2) Except during the 3-year, Phase One period for initial permit issuance, 

following the effective date, and for applications identified in paragraph 

(i)(3) of this rule, the Executive Officer shall issue a permit or deny a 

permit application according to the following schedule: 

(A) Applications for initial permits, significant permit revisions and 

permit renewals: within 18 months after receipt of a complete 

application pursuant to subdivision (c) of this rule;

(B) Applications for administrative permit revisions: within 60 days 

after receipt of a complete application pursuant to subdivision (c) 

of this rule; and,

(C) Applications for minor permit revisions: within 90 days after the 

receipt of a complete application pursuant to subdivision (c) of this 

rule or within 15 days after the end of EPA's 45-day review period, 

whichever is later.

(D) Applications for group processing of multiple minor permit 

revisions: within 180 days after the receipt of the first complete 

application, in a group of multiple minor permit revision 

applications, pursuant to subdivision (c) of this rule or within 15 

days after the end of EPA's 45-day review period, whichever is 

later.

(E) Applications for de minimis significant permit revisions: within 

180 days after the receipt of a complete application pursuant to 

subdivision (c) of this rule or within 15 days after the end of EPA's 

45-day review period, whichever is later.
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(3) For an application for an initial permit for a new facility or a significant 

permit revision, that includes a request for a Permit to Construct, the 

Executive Officer shall issue a permit or deny a permit application 

according to the following schedule:

(A) Applications for which an Environmental Impact Report is not 

required and where EPA does not object to the proposed Title V 

permit or revision within the 45-day review period: within 265 

days after the application is deemed complete;

(B) Applications containing a demonstration of an early toxic reduction 

to comply with Section 112(i)(5) of the federal Clean Air Act, for 

which an Environmental Impact Report is not required and where 

EPA does not object to the proposed Title V permit or revision 

within the 45-day review period: within 265 days after the 

application is deemed complete;

(C) Applications for which an Environmental Impact Report is not 

required and EPA objects to the proposed permit or revision: 

within 355 days after the application is deemed complete;

(D) Applications for which an Environmental Impact Report is 

required: within the timeframes defined in subparagraphs (i)(3)(A) 

or (B) or (C) of this rule plus 180 days.

(4) A permit, permit revision, or renewal may be issued only if all the 

following conditions have been met:

(A) The Executive Officer has received a complete application for a 

permit, permit revision, or, permit renewal.

(B) Except for administrative permit revisions, minor permit revisions, 

and de minimis significant permit revisions, the Executive Officer 

and the facility have complied with the requirements for public

participation under Rule 3006.

(C) Except for administrative permit revisions the Executive Officer 

has complied with the requirements for notifying and responding to 

affected states under subdivision (m) of this rule.

(D) The conditions of the permit provide for compliance with all 

regulatory requirements.

(E) The EPA Administrator has received a copy of the proposed 

permit, any notices required under Rules 3003, 3005, and 3006, 

and any revisions to the proposed permit in response to public or 
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affected State comments and has not objected to issuance of the 

permit under 40 CFR Part 70, Section 70.8(c) within the time 

period specified therein.

(5) If the Executive Officer fails to act within the time required by this rule on 

an application for permit renewal, the EPA may invoke its authority under 

Section 505(e) of the federal Clean Air Act to terminate or revoke and 

reissue the permit.

(6) Initial Phase One Title V permits, which are required to be issued within 

three years after the effective date, shall be classified by the Executive 

Officer into Groups A, B, and C, such that each group contains one-third 

of the Title V sources identified by the District for Phase One, as far as 

practicable.

(A) The Executive Officer shall issue Title V permits to the groups 

according to the following schedule, measured from the effective 

date: Group A within one year; Group B within two years; and 

Group C within three years, as far as practicable.

(B) A facility assigned to any group may not petition the Executive 

Officer or the Hearing Board to change their group designation.

(7) The Executive Officer shall, to the extent possible, simultaneously 

commence any required noticing and review by the public, EPA and 

affected States.

(j) EPA Review

(1) The Executive Officer shall submit to the EPA Administrator:

(A) each application for initial permit, permit renewal, minor permit 

revision, de minimis significant permit revision and significant 

permit revision;

(B) each proposed permit for initial permit, renewal permit, or permit 

revision, excluding administrative permit revisions;

(C) any revisions to the proposed permit in response to public or 

affected State comments;

(D) a copy of any notices required by Rules 3003, 3005, or 3006; and,

(E) each final Title V permit, within 5 working days of permit 

issuance.
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(2) To the extent practicable, the information required by paragraph (j)(1) of 

this rule shall be provided in a computer-readable format compatible with 

EPA's national database management system.

(3) The Executive Officer shall keep the information required by paragraph 

(j)(1) of this rule for 5 years following the issuance of a final Title V 

permit so that the EPA Administrator may ascertain whether the Title V 

program complies with the requirement of Part 70 and the federal Clean 

Air Act. Such information shall be made available to EPA within a 

reasonable time of the request.

(4) At least 10 days prior to the end of EPA’s review period of a proposed 

permit, the Executive Officer shall notify the applicant, the EPA 

Administrator and any affected State, in writing, of any refusal to accept 

all recommendations for the proposed permit that any affected State 

submitted during the public or affected State review periods. The notice 

shall include the Executive Officer's reasons for not accepting any such 

recommendations.

(k) EPA Objection

(1) No permit or permit revision for which an application must be transmitted 

to EPA pursuant to subdivision (j) of this rule may be issued if the EPA 

objects to its issuance in writing within 45 days of receipt of the proposed 

permit and all necessary supporting information, or within 90 days if the 

EPA provides a written request to delay the permit issuance on the basis 

that an additional 45 days is necessary to review the public and affected 

State comments made to the proposed permit. The objection shall include 

a statement of the reasons for the objection and a description of the terms 

and conditions that the permit must include to respond to the objections.

(2) Within 14 days of receipt of EPA's objection to a proposed permit, the 

District shall notify the applicant of EPA's objection.

(3) Within 90 days after receipt of timely objection from EPA that meets the 

requirements of paragraph (k)(1) of this rule, the Executive Officer shall 

evaluate EPA’s objection, negotiate with EPA over any disagreements, 

and do one of the following:

(A) deny the proposed permit; or

(B) revise and submit to EPA a new proposed permit in response to 

EPA's objection.
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(4) If the Executive Officer fails, within the time specified in paragraph (k)(3) 

of this rule, to either deny the proposed permit or revise and submit a new 

proposed permit in response to the objection, EPA may issue or deny the 

permit in accordance with 40 CFR Part 70, Section 70.8(c).

(l) Public Petitions to the EPA Administrator

(1) If the EPA Administrator does not object in writing pursuant to 

subdivision (k) of this rule, any person may petition the EPA 

Administrator within 60 days after the expiration of the EPA 

Administrator's 45-day review period to make such objection, as provided 

for in 40 CFR Part 70, Section 70.8(d).

(2) Any petition under this subdivision shall be based only on objections to 

the proposed permit that were raised with reasonable specificity during the 

public comment period provided for in Rule 3006, unless the petitioner 

demonstrates, to the EPA Administrator, that it was impracticable to raise 

such objections within such period, or unless the grounds for objection 

arose after such period.

(3) If the EPA Administrator objects to the proposed permit as a result of a 

petition filed under this subdivision, the Executive Officer shall not issue 

the permit until EPA's objection has been resolved. If the permit was 

issued after the end of EPA's 45-day review period and prior to receipt of 

EPA's objections, a petition under this rule section does not stay the 

effectiveness of a permit or its requirements.

(4) If the permit has been issued prior to receipt of an EPA objection under 

this rule, EPA may revise, terminate, or revoke such permit.

(m) Review by Affected States

(1) Except for administrative permit revisions, the Executive Officer shall 

give notice of each proposed permit to any affected State on or before the 

notice is provided to the EPA.

(2) Any affected State may provide recommendations in writing, based upon 

applicable requirements or requirements of 40 CFR Part 70, with respect 

to the proposed permit, within 30 days of receipt of the notice.

(3) The Executive Officer shall respond to affected State recommendations in 

accordance with paragraph (j)(4) of this rule.
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(n) Prohibition of Default Issuance

(1) Except for administrative permit revisions, no Title V permit may be 

issued until after EPA and affected States have had an opportunity to 

review the proposed permit in accordance with this rule, unless EPA has 

waived such review for EPA and the affected States.

(2) Except for administrative permit revisions, minor permit revisions, and de 

minimis significant permit revisions, no Title V permit may be issued until 

after the public has had an opportunity to review the proposed permit in 

accordance with Rule 3006.

(3) No provision of these rules shall be construed to require that a Title V 

permit or renewal be issued after a certain time if the Executive Officer 

fails to take action on the application.

(4) Failure of the Executive Officer to take action on an application within the 

time specified by these rules shall not constitute final permit action except 

for purposes of a judicial or authorized administrative proceeding seeking 

to compel the Executive Officer to take final action on the application.