Operating permit required -- Fees -- Implementation.

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  6. Operating permit required -- Fees -- Implementation.

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Affected by 63I-1-219 on 7/1/2029

Effective 5/12/2020
19-2-109.1. Operating permit required -- Fees -- Implementation.
  • (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
    • (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
    • (b) "EPA" means the federal Environmental Protection Agency.
    • (c) "Operating permit" means a permit issued by the director to sources of air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
    • (d) "Program" means the air pollution operating permit program established under this section to comply with Title V of the 1990 Clean Air Act.
    • (e) "Regulated pollutant" means the same as that term is defined in Title V of the 1990 Clean Air Act and implementing federal regulations.
  • (2) A person may not operate a source of air pollution required to have a permit under Title V of the 1990 Clean Air Act without having obtained an operating permit from the director under procedures the board establishes by rule.
  • (3)
    • (a) Operating permits issued under this section shall be for a period of five years unless the director makes a written finding, after public comment and hearing, and based on substantial evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and the environment of the state.
    • (b) The director may issue, modify, or renew an operating permit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing.
    • (c) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations, revise the conditions of issued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the remaining period of the permit is three or more years.
    • (d) The director may terminate, modify, revoke, or reissue an operating permit for cause.
  • (4) If the owner or operator of a source subject to this section fails to timely pay a fee established under Subsection 19-1-201(1)(f), the director may:
    • (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus interest on the fee computed at 12% annually; or
    • (b) revoke the operating permit.
  • (5) The owner or operator of a source subject to this section may contest a fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (5).
    • (a) The owner or operator shall pay the fee under protest before being entitled to a hearing. Payment of a fee or penalty under protest is not a waiver of the right to contest the fee or penalty under this section.
    • (b) A request for a hearing under this Subsection (5) shall be made after payment of the fee and within six months after the fee was due.
  • (6) To reinstate an operating permit revoked under Subsection (4) the owner or operator shall pay the outstanding fees, a penalty of not more than 50% of outstanding fees, and interest on the outstanding fees computed at 12% annually.
  • (7) Failure of the director to act on an operating permit application or renewal is a final administrative action only for the purpose of obtaining judicial review by any of the following persons to require the director to take action on the permit or the permit's renewal without additional delay:
    • (a) the applicant;
    • (b) a person who participated in the public comment process; or
    • (c) a person who could obtain judicial review of that action under applicable law.




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