A. Except as provided in Section 17.12.010(F) and as waived by the administrator, for each Class I permit, a copy of each of the following shall be provided to the administrator as follows:
1. The applicant shall provide a complete copy of the application including any attachments, compliance plans and other information required by Section 17.12.010(E) at the time of submittal of the application to the control officer.
2. The control officer shall provide the proposed final permit after public and affected state review.
3. The control officer shall provide the final permit at the time of issuance.
B. The control officer shall keep all records associated with all permits for a minimum of five years from issuance.
C. No permit for which an application is required to be submitted to the administrator under subsection A of this section shall be issued if the administrator properly objects to its issuance in writing within forty-five days of receipt of the proposed permit from the department and all necessary supporting information.
D. Review by Affected States.
1. For each Class I permit, the control officer shall provide notice of each proposed permit to any affected state on or before the time that the control officer provides this notice to the public as required under Section 17.12.190 except to the extent Section 17.12.110 (Minor Revisions for Class I permits) requires the timing of the notice to be different.
2. If the control officer refuses to accept a recommendation of any affected state submitted during the public or affected state review period, the control officer shall notify the administrator and the affected state in writing. The notification shall include the control officer's reasons for not accepting any such recommendation, and shall be provided to the administrator as part of the submittal of the proposed final permit. The control officer shall not be required to accept recommendations that are not based on federal applicable requirements or requirements of state law.
E. Any person who petitions the administrator pursuant to 40 CFR 70.8(d) shall notify the control officer by certified mail of such petition as soon as possible, but in no case more than ten days following such petition. Such notice shall include the grounds for objection and whether such objections were raised during the public comment period. If the administrator objects to the permit as a result of a petition filed under this subsection, the control officer shall not issue the permit until the 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 forty-five-day administrative review period and prior to the administrator's objection.
F. If the control officer has issued a permit prior to receipt of the administrator's objection under subsection E of this section, and the administrator indicates that it should be revised, terminated, or revoked and reissued, the control officer shall respond consistent with Section 17.12.130 and may thereafter issue only a revised permit that satisfies the administrator's objection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete application.
G. Prohibition on Default Issuance.
1. No Class I permit including a permit renewal or revision shall be issued until affected states and the administrator have had an opportunity to review the proposed permit.
2. No permit or renewal shall be issued unless the control officer has acted on the application.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.200.