§ 127.446. Operating permit duration.
(a) An operating permit issued under this chapter will be issued for a 5-year term unless a shorter term is required to comply with the Clean Air Act or the regulations thereunder or the permittee requests a shorter term.
(b) Notwithstanding subsection (a), a permit for acid deposition control will be issued for a 5-year term.
(c) The terms and conditions of an expired permit are automatically continued pending the issuance of a new permit when the permittee has submitted a timely and complete application and paid the fees required by Subchapter I (relating to plan approval and operating permit fees) and the Department is unable, through no fault of the permittee, to issue or deny a new permit before the expiration of the previous permit. An application is complete if it contains sufficient information to begin processing the application, has the applicable sections completed and has been signed by a responsible official.
(d) Failure of the Department to issue or deny a new permit prior to the expiration date of the previous permit for which a timely renewal application has been filed shall be an appealable action. The EHB may require that the Department take action on an application without delay.
(e) Applications for permit renewals shall be submitted at least 6 and not more than 18 months before expiration of the existing permit.
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