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,
9VAC5-80-440
and procedures approved by the department. Where several emissions units are
included in one affected source, a single application covering all units in the
source shall be submitted. A separate application is required for each affected
source subject to this article.
B.
For each source subject to this article, the responsible official shall submit
a timely and complete permit application in accordance with subsections C and D
of this section.
C. The following
requirements concerning timely applications apply to affected sources and
affected units subject to this article:
1. No
owner or operator of any affected source shall operate the source or affected
unit without a permit that states its acid rain program requirements.
2. The designated representative of any
affected source shall submit a complete acid rain permit application by the
following applicable deadlines:
a. For any
affected source with an existing unit described under
9VAC5-80-380 A 2,
the designated representative shall submit a complete acid rain permit
application governing such unit to the department as follows:
(1) For sulfur dioxide, on or before January
1, 1996; and
(2) For nitrogen
oxides, on or before January 1, 1998.
b. For any affected source with a new unit
described under
9VAC5-80-380 A 3
a, the designated representative shall submit a complete acid rain permit
application governing such unit to the department at least 24 months before the
later of January 1, 2000, or the date on which the unit commences
operation.
c. For any affected
source with a unit described under
9VAC5-80-380 A 3
b, the designated representative shall submit a complete acid rain permit
application governing such unit to the department at least 24 months before the
later of January 1, 2000, or the date on which the unit begins to serve a
generator with a nameplate capacity greater than 25 MWe.
d. For any affected source with a unit
described under
9VAC5-80-380 A 3
c, the designated representative shall submit a complete acid rain permit
application governing such unit to the department at least 24 months before the
later of January 1, 2000, or the date on which the auxiliary firing commences
operation.
e. For any affected
source with a unit described under
9VAC5-80-380 A 3
d, the designated representative shall submit a complete acid rain permit
application governing such unit to the department before the later of January
1, 1998, or March 1 of the year following the three-calendar-year period in
which the unit sold to a utility power distribution system an annual average of
more than one-third of its potential electrical output capacity and more than
219,000 MWe-hrs actual electric output (on a gross basis).
f. For any affected source with a unit
described under
9VAC5-80-380 A 3
e, the designated representative shall submit a complete acid rain permit
application governing such unit to the department before the later of January
1, 1998, or March 1 of the year following the calendar year in which the
facility fails to meet the definition of qualifying facility.
g. For any affected source with a unit
described under
9VAC5-80-380 A 3
f, the designated representative shall submit a complete acid rain permit
application governing such unit to the department before the later of January
1, 1998, or March 1 of the year following the calendar year in which the
facility fails to meet the definition of an independent power production
facility.
h. For any affected
source with a unit described under
9VAC5-80-380 A 3
g, the designated representative shall submit a complete acid rain permit
application governing such unit to the department before the later of January
1, 1998, or March 1 of the year following the three-calendar-year period in
which the incinerator consumed 20% or more fossil fuel (on a Btu
basis).
3. The
responsible official for an affected source applying for a permit under this
article for the first time shall submit a complete application pertaining to
all applicable requirements other than the acid rain program requirements on a
schedule to be determined by the department but no later than 12 months
following the effective date of approval of Article 1 (9VAC5-80-50 et
seq.) of this part by the administrator, to include approval for federal
delegation purposes.
4. 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.
5. 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 affected sources and affected
units subject to this article:
1. To be
determined complete, an application shall contain all information required
pursuant to
9VAC5-80-440.
2. Applications for permit revision or for
permit reopening shall supply information required under
9VAC5-80-440
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 under
9VAC5-80-570,
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.
9. The department shall submit a written
notice of application completeness to the administrator within 10 working days
following a determination by the department that the acid rain permit
application is complete.
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 affected sources and affected units 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
9VAC5-80-510.
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
9VAC5-80-570
F or
9VAC5-80-580
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
9VAC5-80-510.
4. If the source notifies the department that
it wants to make an operational flexibility permit change under
9VAC5-80-680
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
9VAC5-80-680
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
9VAC5-80-500, 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.
7. Permit application
shield and binding effect of acid rain permit application for the affected
source.
a. Once a designated representative
submits a timely and complete acid rain permit application, the owners and
operators of the affected source and the affected units covered by the permit
application shall be deemed in compliance with the requirement to have an acid
rain permit under
9VAC5-80-420
A 2 and subsection C of this section.
b. The protection provided under subdivision
7 a of this subsection shall cease to apply if, subsequent to the completeness
determination made pursuant to subsection D of this section, the designated
representative fails to submit by the deadline specified in writing by the
department any supplemental information identified as being needed to process
the application.
c. Prior to the
earlier of the date on which an acid rain permit is issued subject to
administrative appeal under 40 CFR Part 78 or is issued as a final permit, an
affected unit governed by and operated in accordance with the terms and
requirements of a timely and complete acid rain permit application shall be
deemed to be operating in compliance with the acid rain program.
d. A complete acid rain permit application
shall be binding on the owners and operators and the designated representative
of the affected source and the affected units covered by the permit application
and shall be enforceable as an acid rain permit from the date of submission of
the permit application until the issuance or denial of such permit as a final
agency action subject to judicial review.
G. The responsibilities of the designated
representative shall be as follows:
1. The
designated representative shall submit a certificate of representation, and any
superseding certificate of representation, to the administrator in accordance
with Subpart B of 40 CFR Part 72 and, concurrently, shall submit a copy to the
department.
2. Each submission
under the acid rain program shall be submitted, signed, and certified by the
designated representative for all sources on behalf of which the submission is
made.
3. In each submission under
the acid rain program, the designated representative shall certify, by his
signature:
a. The following statement, which
shall be included verbatim in such submission: "I am authorized to make this
submission on behalf of the owners and operators of the affected source or
affected units for which the submission is made."
b. The following statement, which shall be
included verbatim in such submission: "I certify under penalty of law that I
have personally examined, and am familiar with, the statements and information
submitted in this document and all its attachments. Based on my inquiry of
those individuals with primary responsibility for obtaining the information, I
certify that the statements and information are to the best of my knowledge and
belief true, accurate, and complete. I am aware that there are significant
penalties for submitting false statements and information or omitting required
statements and information, including the possibility of fine or
imprisonment."
4. The
department shall accept or act on a submission made on behalf of owners or
operators of an affected source and an affected unit only if the submission has
been made, signed, and certified in accordance with subdivisions 2 and 3 of
this subsection.
5. The designated
representative of a source shall serve notice on each owner and operator of the
source and of an affected unit at the source:
a. By the date of submission of any acid rain
program submissions by the designated representative;
b. Within 10 business days of receipt of a
determination of any written determination by the administrator or the
department; and
c. Provided that
the submission or determination covers the source or the unit.
6. The designated representative
of a source shall provide each owner and operator of an affected unit at the
source a copy of any submission or determination under subdivision 5 of this
subsection, unless the owner or operator expressly waives the right to receive
such a copy.
H. Except as
provided in
40
CFR 72.23, no objection or other
communication submitted to the administrator or the department concerning the
authorization, or any submission, action or inaction of the designated
representative, shall affect any submission, action, or inaction of the
designated representative or the finality of any decision by the department
under the acid rain program. In the event of such communication, the department
is not required to stay any submission or the effect of any action or inaction
under the acid rain program. The department shall not adjudicate any private
legal dispute concerning the authorization or any submission, action, or
inaction of any designated representative, including private legal disputes
concerning the proceeds of allowance transfers.
I. The responsibilities of the responsible
official shall be as follows:
1. Any
application form, report, compliance certification, or other document required
to be submitted to the department under this article that concerns applicable
requirements other than the acid rain program requirements may be signed by a
responsible official other than the designated representative.
2. Any responsible official signing a
document required to be submitted to the department under this article shall
make the following certification:
"I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering and evaluating the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
