Current through Register Vol. 41, No. 3, September 23, 2024
A. The
following general requirements apply:
1.
Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with
any condition of a permit shall be considered a violation of the Virginia Air
Pollution Control Law.
2. A permit
may be revoked or terminated prior to its expiration date if the owner does any
of the following:
a. Knowingly makes material
misstatements in the permit application or any amendments thereto.
b. Violates, fails, neglects or refuses to
comply with (i) the terms or conditions of the permit, (ii) any applicable
requirements, or (iii) the applicable provisions of this article.
3. The department may suspend,
under such conditions and for such period of time as the department may
prescribe, any permit for any of the grounds for revocation or termination
contained in subdivision 2 of this subsection or for any other violations of
these regulations.
B. The
following requirements apply with respect to penalties:
1. An owner who violates, fails, neglects or
refuses to obey any provision of this article or the Virginia Air Pollution
Control Law, any applicable requirement, or any permit condition shall be
subject to the provisions of § 10.1-1316 of the Virginia Air Pollution
Control Law.
2. Any owner who
knowingly violates, fails, neglects or refuses to obey any provision of this
article or the Virginia Air Pollution Control Law, any applicable requirement,
or any permit condition shall be subject to the provisions of § 10.1-1320
of the Virginia Air Pollution Control Law.
3. Any owner who knowingly makes any false
statement, representation or certification in any form, in any notice or report
required by a permit, or who knowingly renders inaccurate any required
monitoring device or method shall be subject to the provisions of §
10.1-1320 of the Virginia Air Pollution Control Law.
C. The following requirements apply with
respect to appeals:
1. The department shall
notify the applicant in writing of its decision, with its reasons, to suspend,
revoke or terminate a permit.
2.
Appeal from any decision of the department under subdivision 1 of this
subsection may be taken pursuant to 9VAC5-20-90, § 10.1-1318 of the
Virginia Air Pollution Control Law, and the Administrative Process
Act.
3. Appeals of the acid rain
portion of a federal operating permit issued by the department that do not
challenge or involve decisions or actions of the administrator under
§§ 407 and 410 of the federal Clean Air Act and the acid rain program
regulations shall be conducted according to the procedures in the
Administrative Process Act. Appeals of the acid rain portion of such a permit
that challenge or involve such decisions or actions of the administrator shall
follow the procedures under 40 CFR Part 78 and § 307 of the federal Clean
Air Act. Such decisions or actions include, but are not limited to, allowance
allocations, determinations concerning alternative monitoring systems, and
determinations of whether a technology is a qualifying repowering
technology.
4. No administrative
appeal or judicial appeal of the acid rain portion of a federal operating
permit shall be allowed more than 90 days following issuance of the acid rain
portion that is subject to administrative appeal or issuance of the final
agency action subject to judicial appeal.
5. The administrator may intervene as a
matter of right in any state administrative appeal of an acid rain permit or
denial of an acid rain permit.
6.
No administrative appeal concerning an acid rain requirement shall result in a
stay of the following requirements:
a. The
allowance allocations for any year during which the appeal proceeding is
pending or is being conducted;
b.
Any standard requirement under
9VAC5-80-420;
c. The emissions monitoring and reporting
requirements applicable to the affected units at an affected source under
40 CFR Part
75;
d. Uncontested provisions of the decision on
appeal; and
e. The terms of a
certificate of representation submitted by a designated representative under
Subpart B of 40 CFR Part 72.
7. The department shall serve written notice
on the administrator of any state administrative or judicial appeal concerning
an acid rain provision of any federal operating permit or denial of an acid
rain portion of any federal operating permit within 30 days of the filing of
the appeal.
8. The department shall
serve written notice on the administrator of any determination or order in a
state administrative or judicial proceeding that interprets, modifies, voids,
or otherwise relates to any portion of an acid rain permit. Following any such
determination or order, the administrator shall have an opportunity to review
and veto the acid rain permit or revoke the permit for cause in accordance with
9VAC5-80-690.
D. The existence of a permit under
this article shall constitute a defense to a violation of any applicable
requirement if the permit contains a condition providing the permit shield as
specified in
9VAC5-80-500 and if
the requirements of
9VAC5-80-500 have
been met. The existence of a permit shield condition shall not relieve any
owner of the responsibility to comply with any applicable regulations, laws,
ordinances and orders of other governmental entities having jurisdiction.
Otherwise, the existence of a permit under this article shall not constitute a
defense of a violation of the Virginia Air Pollution Control Law or the
Regulations for the Control and Abatement of Air Pollution and shall not
relieve any owner of the responsibility to comply with any applicable
regulations, laws, ordinances and orders of the governmental entities having
jurisdiction.
E. The following
requirements apply with respect to inspections and right of entry:
1. The director, as authorized under §
10.1-1307.3 of the Virginia Air Pollution Control Law and 9VAC5-20-150, has the
authority to require that air pollution records and reports be made available
upon request and to require owners to develop, maintain, and make available
such other records and information as are deemed necessary for the proper
enforcement of the permits issued under this article.
2. The director, as authorized under §
10.1-1307.3 of the Virginia Air Pollution Control Law, has the authority, upon
presenting appropriate credentials to the owner, to do the following:
a. Enter without delay and at reasonable
times any business establishment, construction site, or other area, workplace,
or environment in the Commonwealth; and
b. Inspect and investigate during regular
working hours and at other reasonable times, and within reasonable limits and
in a reasonable manner, without prior notice, unless such notice is authorized
by the department or its representative, any such business establishment or
place of employment and all pertinent conditions, structures, machines,
apparatus, devices, equipment, and materials therein, and question privately
any such employer, officer, owner, operator, agent, or employee. If such entry
or inspection is refused, prohibited, or otherwise interfered with, the
department shall have the power to seek from a court having equity jurisdiction
an order compelling such entry or inspection.
F. The department may enforce permits issued
under this article through the use of other enforcement mechanisms such as
consent orders and special orders. The procedures for using these mechanisms
are contained in
9VAC5-20-20 and
9VAC5-20-30 and in §§ 10.1-1307 D, 10.1-1309, and 10.1-1309.1 of the
Virginia Air Pollution Control Law.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
