Section 181.304  Time for Agency Review

a)         The Agency shall review a proposed innovation plan for completeness within 45 days of receipt and shall decide concurrence for a complete plan within 120 days of receipt of such plan.

b)         Upon request of the owner or operator, the Agency shall review a permit application for an innovative production process for which it has concurred in the innovation plan within 60 days of receipt of the complete permit application.  In circumstances involving an opportunity for public comment on the Agency draft permit pursuant to Title X of the EP Act, it will not be possible for the permit to be issued within this 60 day period. The complete permit application must be filed within 2 years of the Agency concurrence in the innovation plan.

c)         Upon request of the owner or operator, the Agency shall make every reasonable effort to accommodate an innovative production process for which it has concurred in the innovation plan, through cooperation, as appropriate, with any request for an applicable variance, adjusted standard, or site specific standard, provided the specific request is duly filed within 2 years of the date of concurrence by the Agency with the innovation plan.  Such accommodation shall be achieved to the extent feasible under applicable law and consistent with prudent environmental practices.

d)         The Agency's time limit for deciding its concurrence in innovation plans is 120 days from receipt, but the allotted time for most permit and all variance decisions is less than that (see Titles IX and X of the EP Act).  Accordingly, the Agency will not be able to respond to concurrent submittals of innovation plans and permit applications or variance petitions.