(a)

1. (1) If the Administrator of the Environmental Protection Agency does not object in writing to a proposed part 70 permit, any person may petition the Administrator of the Environmental Protection Agency within sixty (60) days after the expiration of the Administrator of the Environmental Protection Agency’s forty-five-day review period to make such objection.
2. (2) Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period.

(b)

1. (1) If the Administrator of the Environmental Protection Agency objects to the permit as a result of a petition filed under this section, the Division of Environmental Quality shall not issue the permit until the Environmental Protection Agency’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 review period and prior to an Environmental Protection Agency objection.
2. (2) If the division has issued a permit prior to receipt of an Environmental Protection Agency objection under this section, the Administrator of the Environmental Protection Agency will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in Subpart 9 of this part, except in unusual circumstances, and the division may thereafter issue only a revised permit that satisfies the Environmental Protection Agency’s objection.
3. (3) In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.