(1) The Division of Environmental Quality may, after notice and opportunity for public participation provided under this subpart, issue a general permit covering numerous similar sources.
(2) The criteria for the review and approval of permits under this subpart shall be used for general permits as well.
(3) Any general permit shall comply with all requirements applicable to other permits and shall identify criteria by which sources may qualify for the general permit.
(4) They shall also include enforceable emission limitations or other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this part.
(5) To sources that qualify, the division shall grant the conditions and terms of the general permit.
(6) The source shall be subject to enforcement action for operation without a permit if the source is later determined not to qualify for the conditions and terms of the general permit.
(b) Application.
(1) Sources that would qualify for a general permit must apply to the division for coverage under the terms of the general permit or must apply for a permit consistent with this subpart.
(2) The division may grant a source's request for authorization to operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review.
(3)
(A) When any application for the issuance of a new permit or a modification of an existing permit is filed with the division, the division shall cause notice of the application to be published in a newspaper of general circulation in the county in which the proposed facility is to be located.
(B) The notice required by subdivision (b)(3)(A) of this section shall advise that any interested person may request a public hearing on the permit application by giving the division a written request within ten (10) days of the publication of the notice.
(C) Should a hearing be deemed necessary by the division, or in the event the division desires such a hearing, the division shall schedule a public hearing and shall, by first-class mail, notify the applicant and all persons who have submitted comments of the date, time, and place thereof.