Current through Register Vol. 41, No. 3, September 23, 2024
A.
Changes to emissions units that pertain to applicable federal requirements at a
source with a permit issued under this article shall be made as specified under
subsections B and C of this section. Changes may be initiated by the permittee
as specified in subsection B of this section or by the department or the
administrator as specified in subsection C of this section. Changes to
emissions units that pertain to applicable state requirements at a source with
a permit issued under this article shall be made as specified under subsection
E of this section.
B. The following
requirements apply with respect to changes initiated by the permittee:
1. With regard to emissions units other than
affected units, the permittee may initiate a change to a permit by requesting
an administrative permit amendment, a minor permit modification or a
significant permit modification. The requirements for these permit revisions
can be found in
9VAC5-80-560
through
9VAC5-80-590.
2. With regard to affected units, the
permittee may initiate a change to a permit by requesting a permit
modification, fast-track modification, administrative permit amendment or
automatic permit amendment. The requirements for these permit revisions can be
found in
9VAC5-80-600
through
9VAC5-80-630.
3. A request for a change by a permittee
shall include a statement of the reason for the proposed change.
4. A permit revision may be submitted for
approval at any time.
5. No permit
revision shall affect the term of the acid rain permit to be revised.
6. No permit revision shall excuse any
violation of an acid rain program requirement that occurred prior to the
effective date of the revision.
7.
The terms of the acid rain permit shall apply while the permit revision is
pending.
8. Any determination or
interpretation by the state (including the department or a state court)
modifying or voiding any acid rain permit provision shall be subject to review
by the administrator in accordance with
9VAC5-80-690
C as applied to permit modifications, unless the determination or
interpretation is an administrative amendment approved in accordance with
9VAC5-80-620.
9. The standard requirements of
9VAC5-80-420
shall not be modified or voided by a permit revision.
10. Any permit revision involving
incorporation of a compliance option that was not submitted for approval and
comment during the permit issuance process, or involving a change in a
compliance option that was previously submitted, shall meet the requirements
for applying for such compliance option under
9VAC5-80-460,
§ 407 of the federal Clean Air Act and 40 CFR Part 76.
11. For permit revisions not described in
9VAC5-80-600
and
9VAC5-80-610,
the department may, in its discretion, determine which of these sections is
applicable.
C. The
administrator or the department may initiate a change to a permit through the
use of permit reopenings as specified in
9VAC5-80-640.
D. Changes to permits shall not be used to
extend the term of the permit.
E.
The following requirements apply with respect to changes at a source and
applicable state requirements:
1. Changes at a
source that pertain only to applicable state requirements shall be exempt from
the requirements of
9VAC5-80-560
through
9VAC5-80-630.
2. The permittee may initiate a change
pertaining only to applicable state requirements (i) if the change does not
violate applicable requirements and (ii) if applicable, the requirements of the
new source review program have been met.
3. Incorporation of permit terms and
conditions into a permit issued under this article shall be as follows:
a. Permit terms and conditions pertaining
only to applicable state requirements and issued under the new source review
program shall be incorporated into a permit issued under this article at the
time of permit renewal or at an earlier time, if the applicant requests
it.
b. Permit terms and conditions
for changes to emissions units subject only to applicable state requirements
and exempt from the requirements of the new source review program shall be
incorporated into a permit issued under this article at the time of permit
renewal or at an earlier time, if the applicant requests it.
4. The source shall provide
contemporaneous written notice to the department of the change. Such written
notice shall describe each change, including the date, any change in emissions,
pollutants emitted, and any applicable state requirement that would apply as a
result of the change.
5. The change
shall not qualify for the permit shield under
9VAC5-80-500.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
