8 CAR § 42-505 – Environmental Protection Agency objection to proposed permit

(a)
1. (1) The Administrator of the Environmental Protection Agency will object to the issuance of any proposed permit determined by the Administrator of the Environmental Protection Agency not to be in compliance with applicable requirements or requirements under this part.
2. (2) No permit for which an application is required to be transmitted to the Administrator of the Environmental Protection Agency may be issued if the Administrator of the Environmental Protection Agency objects to its issuance in writing within forty-five (45) days of receipt of the proposed permit and all necessary supporting information.
(b)
1. (1) Any Environmental Protection Agency objection shall include a statement of the Administrator of the Environmental Protection Agency’s reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections.
2. (2) The Administrator of the Environmental Protection Agency will provide the permit applicant a copy of the objection.
(c) Failure of the Division of Environmental Quality to follow proper permit issuance procedural requirements or to submit required information necessary to review the proposed permit also shall constitute grounds for an objection.
(d) If the division fails, within ninety (90) days after the date of an objection under subsection (a) of this section to revise and submit a proposed permit in response to the objection, the Administrator of the Environmental Protection Agency will issue or deny the permit in accordance with the requirements of the federal program promulgated under Title V of the Act.