(1) Permit issuance. The permitting authority may, after notice and opportunity for public participation provided under WAC
173-401-800, issue a general permit covering numerous similar sources or emissions units. Any general permit shall comply with all requirements applicable to other chapter 401 permits and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the permitting authority shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of WAC
173-401-640, the source shall be subject to enforcement action for operation without a chapter 401 permit if the source is later determined not to qualify for the conditions and terms of the general permit. General permits shall not be authorized for affected sources under the acid rain program.
(2) Applications. Chapter 401 sources that would qualify for a general permit must apply to the permitting authority for coverage under the terms of the general permit or must apply for a chapter 401 permit consistent with WAC
173-401-500. The permitting authority may, in the general permit, provide for applications which deviate from the requirements of WAC
173-401-510, provided that such applications meet the requirements of this chapter, and include all information necessary to determine qualification for, and to assure compliance with, the general permit. Without repeating the public participation procedures required under WAC
173-401-800, the permitting authority 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) Renewal. General permits being renewed are subject to the same procedural requirements, including public participation, that apply to initial permit issuance. If the general permit is renewed without change, sources covered by the general permit do not need to submit new applications to operate under the authority of the general permit.
[Statutory Authority: Chapter
70.94 RCW. WSR 93-20-075 (Order 91-68), § 173-401-750, filed 10/4/93, effective 11/4/93.]