1. (1) The Department of Environmental Quality shall prepare and submit to the Administrator of the United States Environmental Protection Agency for approval a federal operating permit program as required to implement Title V. The Environmental Quality Commission and the department may seek interim or partial approval if appropriate.
2. (2) The commission shall adopt rules to implement the federal operating permit program.

3. (3) To the maximum extent possible, consistent with subsection (2) of this section, and within budgetary constraints, rules adopted by the commission under subsection (2) of this section shall include:

   1. (a) Streamlined procedures for expeditious review of permit actions in accordance with section 502(b)(6) of the Clean Air Act;
   2. (b) Assurances against unreasonable delays in accordance with section 502(b)(7) of the Clean Air Act;
   3. (c) In accordance with section 502(b)(10) of the Clean Air Act, provisions to allow changes within a permitted facility without requiring permit revisions;
   4. (d) In accordance with section 503(d) of the Clean Air Act, protection for sources that file complete and timely permit applications;
   5. (e) Provisions that deem compliance with a permit to be in compliance with other applicable provisions of the Clean Air Act in accordance with section 504(f) of the Clean Air Act;
   6. (f) In accordance with section 112(i)(5) of the Clean Air Act, a deferral for early reductions of the requirement to meet standards promulgated under section 112(d) of the Clean Air Act;
   7. (g) In accordance with section 504(b) of the Clean Air Act, provisions for alternatives to continuous emissions monitoring that provide sufficiently reliable and timely information; and

   8. (h) Notice and opportunity for public comment as required by the Clean Air Act and for objection by the administrator under section 505(b) of the Clean Air Act. If the administrator objects to a proposed permit, the department shall:

      1. (A) Revise the permit to meet the objection within 90 days after the date of the objection; or
      2. (B) Determine not to issue the permit.

4. (4) In any discretionary rulemaking necessary to implement the federal operating permit program, the commission shall consider and make publicly available a brief written statement of the commission’s judgment regarding:

   1. (a) The need for the action and a reasonable range of alternatives that would satisfy the need;
   2. (b) The environmental benefit that will be achieved, taking into consideration all environmental media, including energy consumption;
   3. (c) The estimated cost of the rule; and
   4. (d) Other sources of the air contaminants addressed in the rule and whether regulation of the other sources is possible or desirable.

[1991 c.752 §§4,22]