Current through Register Vol. 41, No. 3, September 23, 2024
A. Minor
permit amendment procedures shall be used only for those permit amendments
that:
1. Do not violate any applicable
regulatory requirement;
2. Do not
involve significant changes to existing monitoring, reporting, or recordkeeping
requirements that would make the permit requirements less stringent, such as a
change to the method of monitoring to be used, a change to the method of
demonstrating compliance or a relaxation of reporting or recordkeeping
requirements;
3. Do not require or
change a case-by-case determination of an emission limitation or other
standard;
4. Do not seek to
establish or change a permit term or condition (i) for which there is no
corresponding underlying applicable regulatory requirement and (ii) that the
source has assumed to avoid an applicable regulatory requirement to which the
source would otherwise be subject. Such terms and conditions include:
a. An emissions cap assumed to avoid
classification as a modification under the new source review program or §
112 of the federal Clean Air Act; and
b. An alternative emissions limit approved
pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
Air Act;
5. Are not
modifications under the new source review program or under § 112 of the
federal Clean Air Act; and
6. Are
not required to be processed as a significant amendment under
9VAC5-80-990;
or as an administrative permit amendment under
9VAC5-80-970.
B. Notwithstanding subsection A of
this section, minor permit amendment procedures may be used for permit
amendments involving the use of economic incentives, emissions trading, and
other similar approaches, to the extent that such minor permit amendment
procedures are explicitly provided for in a regulation of the board or a
federally-approved program. Minor permit amendment procedures may also be used
to require more frequent monitoring or reporting by the permittee or to reduce
the level of an emissions cap.
C.
Notwithstanding subsection A of this section, minor permit amendment procedures
may by used for permit amendments involving the rescission of a provision of a
permit provided there is made by the department and the owner a mutual
determination that the provision is rescinded because all of the statutory or
regulatory requirements (i) upon which the provision is based or (ii) that
necessitated inclusion of the provision are no longer applicable.
D. A request for the use of minor permit
amendment procedures shall include all of the following:
1. A description of the change, the emissions
resulting from the change, and any new applicable regulatory requirements that
will apply if the change occurs.
2.
A request that such procedures be used.
E. The public participation requirements of
9VAC5-80-1020
shall not extend to minor permit amendments.
F. Normally within 90 days of receipt by the
department of a complete request under minor permit amendment procedures, the
department will do one of the following:
1.
Issue the permit amendment as proposed.
2. Deny the permit amendment
request.
3. Determine that the
requested amendment does not meet the minor permit amendment criteria and
should be reviewed under the significant amendment procedures.
G. The requirements for making
changes are as follows:
1. The owner may make
the change proposed in the minor permit amendment request immediately after the
complete request is filed.
2. After
the change under subdivision 1 of this subsection is made, and until the
department takes any of the actions specified in subsection F of this section,
the source shall comply with both the applicable regulatory requirements
governing the change and the proposed permit terms and conditions.
3. During the time period specified in
subdivision 2 of this subsection, the owner need not comply with the existing
permit terms and conditions he seeks to modify. However, if the owner fails to
comply with the proposed permit terms and conditions during this time period,
the existing permit terms and conditions he seeks to modify may be enforced
against him.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
