(a) Technical review. The Division of Environmental Quality will review the application submitted under this subpart in order to ensure to their reasonable satisfaction that:

1. (1) The stationary source will be constructed or modified to operate without interfering with attainment or maintenance of a National Ambient Air Quality Standard;
2. (2) The stationary source will be constructed or modified to operate without violating any applicable regulation adopted by the United States Environmental Protection Agency pursuant to Sections 111, 112, and 114 of the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, by February 15, 1999;
3. (3) The stationary source will be constructed or modified to operate without causing air pollution;
4. (4) The stationary source will be constructed or modified to incorporate the appropriate control technology, if any, developed for the kind and amount of federally regulated air pollutant emitted by the facility;
5. (5) The stationary source will be constructed or modified to operate without resulting in a violation of any applicable provisions of this part;
6. (6) The emission rate calculations are complete and accurate; and
7. (7) If the facility wishes to measure and/or monitor operating parameters rather than actual emissions, the application describes a process which will be used to ensure that the calculations are translated into enforceable limits on operational parameters rather than emissions.

(b) Proposed action.

1. (1) If the division initially determines the requirements of subsection (a) of this section are met, they shall prepare a draft permit which:

   1. (A) Contains such conditions as the division may prescribe, to prevent, control, or abate air pollution; and
   2. (B) Addresses all recognized air pollutant emissions and all pollutant emitting equipment at the stationary source except pollutants or equipment specifically exempt.

2. (2)

   1. (A) If the division initially determines the requirements of this subpart are not met, they shall prepare a notice of intent to deny.
   2. (B) This notice will state the reasons for the division’s denial of the stationary source's submittal.
3. (3) The public shall have an opportunity to comment on the division’s proposed permit decision in accordance with 8 CAR § 40-206.