Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department shall take final action on each permit application (including a
request for permit modification or renewal) as follows:
1. The department shall issue or deny all
permits in accordance with the requirements of this article and this section,
including the completeness determination, draft permit, administrative record,
statement of basis, public notice and comment period, public hearing, proposed
permit, permit issuance, permit revision, and appeal procedures as amended by
9VAC5-80-660
C.
2. For permit revisions, as
required by the provisions of
9VAC5-80-500
through
9VAC5-80-630.
B. A permit, permit modification,
or renewal may be issued only if all of the following conditions have been met:
1. The department has received a complete
application for a permit, permit modification, or permit renewal.
2. Except for modifications qualifying for
minor permit modification procedures under
9VAC5-80-570
or
9VAC5-80-580,
the department has complied with the requirements for public participation
under
9VAC5-80-670.
3. The department has complied with the
requirements for notifying and responding to affected states under
9VAC5-80-690.
4. The conditions of the permit provide for
compliance with all applicable requirements, the requirements of Article 2
(9VAC5-80-310 et
seq.) of this part, and the requirements of this article.
5. The administrator has received a copy of
the proposed permit and any notices required under
9VAC5-80-690
A and B and has not objected to issuance of the permit under
9VAC5-80-690
C within the time period specified therein.
C. The issuance of the acid rain portion of
the federal operating permit shall be as follows:
1. After the close of the public comment
period, the department shall incorporate all necessary changes and issue or
deny a proposed acid rain permit.
2. The department shall submit the proposed
acid rain permit or denial of a proposed acid rain permit to the administrator
in accordance with
9VAC5-80-690,
the provisions of which shall be treated as applying to the issuance or denial
of a proposed acid rain permit.
3.
Action by the administrator shall be as follows:
a. Following the administrator's review of
the proposed acid rain permit or denial of a proposed acid rain permit, the
department or, under
9VAC5-80-690
C, the administrator shall incorporate any required changes and issue or deny
the acid rain permit in accordance with
9VAC5-80-490 and
9VAC5-80-500.
b. No acid rain permit (including a draft or
proposed permit) shall be issued unless the administrator has received a
certificate of representation for the designated representative of the source
in accordance with Subpart B of 40 CFR Part 72.
4. Permit issuance deadlines and effective
dates shall be as follows:
a. The department
shall issue an acid rain permit to each affected source whose designated
representative submitted in accordance with
9VAC5-80-430 G a
timely and complete acid rain permit application by January 1, 1996, that meets
the requirements of this article. The permit shall be issued by the effective
date specified in subdivision 4 c of this subsection.
b. Not later than January 1, 1999, the
department shall reopen the acid rain permit to add the acid rain program
nitrogen oxides requirements, provided that the designated representative of
the affected source submitted a timely and complete acid rain permit
application for nitrogen oxides in accordance with
9VAC5-80-430 G. Such
reopening shall not affect the term of the acid rain portion of a federal
operating permit.
c. Each acid rain
permit issued in accordance with subdivision 4 a of this subsection shall take
effect by the later of January 1, 1998, or, where the permit governs a unit
under
9VAC5-80-380 A 3,
the deadline for monitor certification under 40 CFR Part 75.
d. Both the acid rain draft and final permit
shall state that the permit applies on and after January 1, 2000. The draft and
final permit shall also specify which applicable requirements are effective
prior to January 1, 2000, and the effective date of those applicable
requirements.
e. Each acid rain
permit shall have a term of five years commencing on its effective
date.
f. An acid rain permit shall
be binding on any new owner or operator or designated representative of any
source or unit governed by the permit.
5. Each acid rain permit shall contain all
applicable acid rain requirements, shall be a portion of the federal operating
permit that is complete and segregable from all other air quality requirements,
and shall not incorporate information contained in any other documents, other
than documents that are readily available.
6. Invalidation of the acid rain portion of a
federal operating permit shall not affect the continuing validity of the rest
of the operating permit, nor shall invalidation of any other portion of the
operating permit affect the continuing validity of the acid rain portion of the
permit.
D. The department
shall take final action on each permit application (including a request for a
permit modification or renewal) no later than 18 months after a complete
application is received by the department, except in cases where a public
hearing to provide the opportunity for interested persons to contest the
application is granted pursuant to
9VAC5-80-35.
The department will review any request made under
9VAC5-80-670
E 2, and will take final action on the request and application as provided in
Part I (9VAC5-80-5 et seq.)
of this chapter. The initial permits issued under this article shall be issued
by the effective date specified in subdivision C 4 c of this section.
E. Issuance of permits under this article
shall not take precedence over or interfere with the issuance of
preconstruction permits under the new source review program.
F. The department shall provide a statement
that sets forth the legal and factual basis for the draft permit conditions
(including references to the applicable statutory or regulatory provisions) as
follows. The department shall send this statement to the administrator and to
any other person who requests it.
1. The
statement of basis shall briefly set forth significant factual, legal, and
policy considerations on which the department relied in issuing or denying the
draft permit.
2. The statement of
basis shall include the reasons, and supporting authority, for approval or
disapproval of any compliance options requested in the permit application,
including references to applicable statutory or regulatory provisions and to
the administrative record.
3. The
department shall submit to the administrator a copy of the draft acid rain
permit and the statement of basis and all other relevant portions of the
federal operating permit that may affect the draft acid rain permit.
G. Within five days after receipt
of the issued permit, the applicant shall maintain the permit on the premises
for which the permit has been issued and shall make the permit immediately
available to the department upon request.
H. In granting a permit pursuant to this
section, the department shall provide in writing a clear and concise statement
of the legal basis, scientific rationale, and justification for the decision
reached. When the decision of the department is to deny a permit pursuant to
this section, the department shall, in consultation with legal counsel, provide
a clear and concise statement explaining the reason for the denial, the
scientific justification for the same, and how the department's decision is in
compliance with applicable laws and regulations. Copies of the decision,
certified by the director, shall be mailed by certified mail to the permittee
or applicant.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
