567—22.205 (455B) Voluntary operating permit processing procedures.
	 22.205(1) Action on application.
	  a.   	 Completeness of applications. The department shall promptly provide notice to the applicant of whether the application is complete. Unless the permitting authority requests additional information or otherwise notifies the applicant of incompleteness within 60 days of receipt of an application, the application shall be deemed complete. If, while processing an application that has been determined to be complete, the permitting authority determines that additional information is necessary to evaluate or take formal action on that application, the permitting authority may request in writing such information and set a reasonable deadline for a response.
	  b.   	 Public notice and public participation.
	 (1) 	 The department shall provide public notice and an opportunity for public comment, including an opportunity for a hearing, before issuing or renewing a permit.
	 (2) 	 Notice of the intended issuance or renewal of a permit shall be given by publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice. The department shall also provide the administrator a copy of the notice. The department may use other means if necessary to ensure adequate notice to the affected public.
	 (3) 	 The public notice shall include: identification of the source; name and address of the permittee; the activity or activities involved in the permit action; the air pollutants or contaminants to be emitted; a statement that a public hearing may be requested, or the time and place of any public hearing which has been set; the name, address, and telephone number of a department representative who may be contacted for further information; and the location of copies of the permit application and the proposed permit which are available for public inspection.
	 (4) 	 At least 30 days shall be provided for public comment.
	 22.205(2) Denial of voluntary operating permit applications.
	  a.   	 A voluntary operating permit application may be denied if:
	 (1) 	 The director finds that a source is not in compliance with any applicable requirement except for subrule 22.1(1); or
	 (2) 	 An applicant knowingly submits false information in a permit application.
	 (3) 	 An applicant is unable to certify that the source was in compliance with all applicable requirements, except for subrule 22.1(1), for the year preceding the application.
	  b.   	 Once agency action has occurred denying a voluntary operating permit, the source shall apply for a Title V operating permit. Any source determined not to be eligible for a voluntary operating permit shall be subject to enforcement action for operating without a Title V operating permit pursuant to rule 22.104(455B).