Current through Register Vol. 41, No. 3, September 23, 2024
A. A
permit shall be reopened and revised under any of the conditions stated in
9VAC5-80-110
L.
B. Proceedings to reopen and
reissue a permit shall follow the same procedures as apply to initial permit
issuance and shall affect only those parts of the permit for which cause to
reopen exists. Such reopening shall be made as expeditiously as
practicable.
C. Reopenings shall
not be initiated before a notice of such intent is provided to the source by
the department at least 30 days in advance of the date that the permit is to be
reopened, except that the department may provide a shorter time period in the
case of an emergency.
D. Provisions
for reopenings for cause by EPA shall be as follows:
1. If the administrator finds that cause
exists to terminate, modify, or revoke and reissue a permit pursuant to
subsection A of this section, the administrator shall notify the department and
the permittee of such finding in writing.
2. The department shall, within 90 days after
receipt of such notification, forward to the administrator a proposed
determination of termination, modification, or revocation and reissuance, as
appropriate. The administrator may extend this 90-day period for an additional
90 days if he finds that a new or revised permit application is necessary or
that the department must require the permittee to submit additional
information.
3. The administrator
shall review the proposed determination from the department within 90 days of
receipt.
4. The department shall
have 90 days from receipt of an objection by the administrator to resolve any
objection that he makes and to terminate, modify, or revoke and reissue the
permit in accordance with the objection.
5. If the department fails to submit a
proposed determination pursuant to subdivision 2 of this subsection or fails to
resolve any objection pursuant to subdivision 4 of this subsection, the
administrator shall terminate, modify, or revoke and reissue the permit after
taking the following actions:
a. Providing at
least 30 days' notice to the permittee in writing of the reasons for any such
action. This notice may be given during the procedures in subdivisions 1
through 4 of this subsection.
b.
Providing the permittee an opportunity for comment on the administrator's
proposed action and an opportunity for a hearing.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
