Current through Register Vol. 41, No. 3, September 23, 2024
A. Minor
permit modification procedures shall be used only for those permit
modifications that:
1. Do not violate any
applicable requirement;
2. Do not
involve significant changes to existing monitoring, reporting, or record
keeping requirements in the permit such as a change to the method of monitoring
to be used, a change to the method of demonstrating compliance or a relaxation
of reporting or record keeping requirements;
3. Do not require or change a case-by-case
determination of an emission limitation or other standard, or a source-specific
determination for temporary sources of ambient impacts, or a visibility or
increment analysis;
4. Do not seek
to establish or change a permit term or condition for which there is no
corresponding underlying applicable federal requirement and that the source has
assumed to avoid an applicable federal requirement to which the source would
otherwise be subject. Such terms and conditions include:
a. A federally enforceable emissions cap
assumed to avoid classification as a Title I modification; and
b. An alternative emissions limit approved
pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
Air Act;
5. Are not Title
I modifications; and
6. Are not
required to be processed as a significant modification under
9VAC5-80-230
or as an administrative permit amendment under
9VAC5-80-200.
B. Notwithstanding subsection A of
this section and
9VAC5-80-220
A, minor permit modification procedures may be used for permit modifications
involving the use of economic incentives, marketable permits, emissions
trading, and other similar approaches, to the extent that such minor permit
modification procedures are explicitly provided for in the Regulations for the
Control and Abatement of Air Pollution or a federally approved
program.
C. An application
requesting the use of minor permit modification procedures shall meet the
requirements of
9VAC5-80-90
for the modification proposed and shall include all of the following:
1. A description of the change, the emissions
resulting from the change, and any new applicable federal requirements that
will apply if the change occurs.
2.
A suggested draft permit prepared by the applicant.
3. Certification by a responsible official,
consistent with
9VAC5-80-80 G, that
the proposed modification meets the criteria for use of minor permit
modification procedures and a request that such procedures be used.
D. Within five working days of
receipt of a permit modification application that meets the requirements of
subsection C of this section, the department shall meet its obligation under
9VAC5-80-290
A 1 and B 1 to notify the administrator and affected states of the requested
permit modification. The department shall promptly send any notice required
under
9VAC5-80-290
B 2 to the administrator. The public participation requirements of
9VAC5-80-270
shall not extend to minor permit modifications.
E. The timetable for issuance of permit
modifications shall be follows:
1. The
department may not issue a final permit modification until after the
administrator's 45-day review period or until the administrator has notified
the department that he will not object to issuance of the permit modification,
whichever occurs first, although the department can approve the permit
modification prior to that time.
2.
Within 90 days of receipt by the department of an application under minor
permit modification procedures or 15 days after the end of the 45-day review
period under
9VAC5-80-290
C, whichever is later, the department shall do one of the following:
a. Issue the permit modification as
proposed.
b. Deny the permit
modification application.
c.
Determine that the requested modification does not meet the minor permit
modification criteria and should be reviewed under the significant modification
procedures.
d. Revise the draft
permit modification and transmit to the administrator the new proposed permit
modification as required by
9VAC5-80-290
A.
F. The
following requirements apply with respect to the ability of an owner to make
minor permit modification changes:
1. The
owner may make the change proposed in the minor permit modification application
immediately after the application is filed.
2. After the change under subdivision 1 of
this subsection is made, and until the department takes any of the actions
specified in subsection E of this section, the source shall comply with both
the applicable federal requirements governing the change and the proposed
permit terms and conditions.
3.
During the time period specified in subdivision 2 of this subsection, the owner
need not comply with the existing permit terms and conditions he seeks to
modify. However, if the owner fails to comply with the proposed permit terms
and conditions during this time period, the existing permit terms and
conditions he seeks to modify may be enforced against him.
G. The permit shield under
9VAC5-80-140 shall
not extend to minor permit modifications.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
