Section 270.307  Agency Action on CAAPP Applications

a)         In accordance with Section 39.5(10) of the Act, the Agency shall issue or deny the CAAPP permit within 18 months after the date of receipt of the complete CAAPP application, with the following exceptions,

1)         Permits for affected sources for acid deposition shall be issued or denied within 6 months after receipt of a complete application in accordance with Section 39.5(17) of the Act;

2)         The Agency shall act on initial CAAPP applications within 24 months after the date of receipt of the complete CAAPP application; and

3)         The Agency shall act on complete applications containing early reduction demonstrations under Section 112(i)(5) of the Clean Air Act within 9 months of receipt of the complete CAAPP application. (See Section 39.5(5)(j) of the Act)

b)         Where the Agency does not take final action on the permit within the required time period, the permit shall not be deemed issued; rather, the failure to act shall be treated as a final permit action for purposes of judicial review pursuant to Sections 40.2 and 41 of the Act. (See Section 39.5(5)(j) of the Act)