Current through Register Vol. 41, No. 3, September 23, 2024
A. A
single application is required identifying each emission unit subject to this
article. The application shall be submitted according to the requirements of
this section,
9VAC5-80-90
and procedures approved by the department. Where several units are included in
one stationary source, a single application covering all units in the source
shall be submitted. A separate application is required for each stationary
source subject to this article.
B.
For each stationary source, the owner shall submit a timely and complete permit
application in accordance with subsections C and D of this section.
C.
1. The
owner of a stationary source applying for a permit under this article for the
first time shall submit an application within 12 months after the source
becomes subject to this article, except that stationary sources not deferred
under
9VAC5-80-50 D shall
submit their applications on a schedule to be determined by the department but
no later than 12 months following the effective date of approval of this
article by the administrator, to include approval for federal delegation
purposes.
2. The owner of a source
subject to the requirements of the new source review program shall file a
complete application to obtain the permit or permit revision within 12 months
after commencing operation. Where an existing permit issued under this article
would prohibit such construction or change in operation, the owner shall obtain
a permit revision before commencing operation. The owner of a source may file a
complete application to obtain the permit or permit revision under this article
on the same date the permit application is submitted under the requirements of
the new source review program.
3.
For purposes of permit renewal, the owner shall submit an application at least
six months but no earlier than 18 months prior to the date of permit
expiration.
D. The
following requirements concerning the completeness of the permit application
apply to sources subject to this article:
1.
To be determined complete, an application shall contain all information
required pursuant to
9VAC5-80-90.
2. Applications for permit revision or for
permit reopening shall supply information required under
9VAC5-80-90
only if the information is related to the proposed change.
3. Within 60 days of receipt of the
application, the department shall notify the applicant in writing either that
the application is or is not complete. If the application is determined not to
be complete, the department shall provide (i) a list of the deficiencies in the
notice and (ii) a determination as to whether the application contains
sufficient information to begin a review of the application.
4. If the department does not notify the
applicant in writing within 60 days of receipt of the application, the
application shall be deemed to be complete.
5. For minor permit modifications, a
completeness determination shall not be required.
6. If, while processing an application that
has been determined to be complete, the department finds that additional
information is necessary to evaluate or take final action on that application,
it may request such information in writing and set a reasonable deadline for a
response.
7. The submittal of a
complete application shall not affect the requirement that any source have a
preconstruction permit under the new source review program.
8. Upon notification by the department that
the application is complete or after 60 days following receipt of the
application by the department, the applicant shall submit three additional
copies of the complete application to the department.
E. Any applicant who fails to submit any
relevant facts or who has submitted incorrect information in a permit
application shall, upon becoming aware of such failure or incorrect submittal,
promptly submit such supplementary facts or corrected information. An applicant
shall provide additional information as necessary to address any requirements
that become applicable to the source after the date a complete application was
filed but prior to release of a draft permit.
F. The following requirements concerning the
application shield apply to sources subject to this article:
1. If an applicant submits a timely and
complete application for an initial permit or renewal under this section, the
failure of the source to have a permit or the operation of the source without a
permit shall not be a violation of this article until the department takes
final action on the application under
9VAC5-80-150.
2. No source shall operate after the time
that it is required to submit a timely and complete application under
subsections C and D of this section for a renewal permit, except in compliance
with a permit issued under this article.
3. If the source applies for a minor permit
modification and wants to make the change proposed under the provisions of
either
9VAC5-80-210
F or
9VAC5-80-220
E, the failure of the source to have a permit modification or the operation of
the source without a permit modification shall not be a violation of this
article until the department takes final action on the application under
9VAC5-80-150.
4. If the source notifies the department that
it wants to make an operational flexibility permit change under
9VAC5-80-280
B, the failure of the source to have a permit modification or operation of the
source without a permit modification for the permit change shall not be a
violation of this article unless the department notifies the source that the
change is not a permit change as specified in
9VAC5-80-280
B 1 a.
5. If an applicant submits a
timely and complete application under this section for a permit renewal but the
department fails to issue or deny the renewal permit before the end of the term
of the previous permit, (i) the previous permit shall not expire until the
renewal permit has been issued or denied and (ii) all the terms and conditions
of the previous permit, including any permit shield granted pursuant to
9VAC5-80-140, shall
remain in effect from the date the application is determined to be complete
until the renewal permit is issued or denied.
6. The protection under subdivisions 1 and 5
(ii) of this subsection shall cease to apply if, subsequent to the completeness
determination made pursuant to subsection D of this section, the applicant
fails to submit by the deadline specified in writing by the department any
additional information identified as being needed to process the
application.
G. Any
application form, report, compliance certification, or other document submitted
to the department shall meet the requirements of
9VAC5-20-230.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
