Current through Register Vol. 41, No. 3, September 23, 2024
A. The department may issue a FESOP under the
provisions of Article 5 (9VAC5-80-800 et seq.) of Part II of
9VAC5 Chapter 80 to implement the provisions of this chapter. The FESOP shall
include terms and conditions concerning monitoring, recordkeeping and reporting
as may be necessary to ensure compliance with the emissions caps and may
include such other terms and conditions as the department may determine are
necessary to implement the provisions of this chapter.
B. The department shall issue the initial
FESOP in accordance with the procedures set forth in the order. The department
shall amend the FESOP in accordance with the procedures set forth in
subsections C through E of this section. The department shall specify within
the FESOP the conditions under which the FESOP may be amended.
C. The department shall provide for public
participation prior to issuing the FESOP. At a minimum, the department shall:
1. Make available for public inspection in at
least one location in the area of the site the information submitted by
International Paper, the department's analysis of the effect on air quality
including the preliminary determination, and a copy or summary of any other
materials considered in making the preliminary determination;
2. Notify the public, by advertisement in a
newspaper of general circulation in the area of the site of the application, of
the location of the information available for public inspection as specified in
subdivision 1 of this subsection, and of the opportunity for comment at a
public hearing as well as written public comment;
3. Provide a 30-day period for submittal of
public comment;
4. Send a copy of
the notice of public comment to the following: the EPA Administrator, through
the appropriate regional office; any affected other state or local air
pollution control agency; the chief executives of the city and county where the
site is located; any state, federal land manager, or other governing body whose
lands may be affected by emissions from the site; and
5. Provide opportunity for a public hearing
for interested persons to appear and submit written or oral comments on the air
quality impact of the site, the control technology required, and other
appropriate considerations.
D. Upon request of the department, the public
notice required under subdivision C 2 of this section shall be placed by
International Paper in at least one newspaper of general circulation in the
area of the site of the application. The notice shall be approved by the
department and shall include information as the department deems
appropriate.
E. For any change that
does not meet the criteria for an administrative permit amendment established
in subdivision F 1 of this section, the department shall provide an opportunity
for public participation consistent with the provisions of subsection C of this
section prior to processing the permit amendment.
F. The following provisions govern
administrative permit amendments:
1. An
administrative permit amendment is a permit revision that:
a. Corrects typographical errors;
b. Identifies a change in the name, address,
or phone number of any person identified in the FESOP, or provides a similar
minor administrative change at the site;
c. Requires more frequent monitoring,
recordkeeping, or reporting by the permittee;
d. Allows for a change in ownership or
operational control of a source where the department determines that no other
change in the permit is necessary, provided that a written agreement containing
a specific date for transfer of permit responsibility, coverage, and liability
between the current and new permittee has been submitted to the
department;
e. Changes the
monitoring, recordkeeping, or reporting requirements for equipment that has
been shutdown or is no longer in service; or
f. Any other change that is stipulated in the
FESOP as qualifying as an administrative permit amendment, provided that the
permit condition that includes such stipulation has already undergone public
participation in accordance with subsection C of this section.
2. The department may make an
administrative permit amendment consistent with the following procedures:
a. The department shall take final action on
any request for an administrative permit amendment within 60 days from receipt
of the request, and may incorporate such changes without providing notice to
the public, provided that the department designates any such permit revisions
as having been made pursuant to this subdivision.
b. The department shall submit a copy of the
revised permit to the EPA Administrator.
c. International Paper may implement the
changes addressed in the request for an administrative permit amendment
immediately upon submittal of the request to the department.
Statutory Authority
§ 10.1-1307 of the Code of Virginia.
