Current through Register Vol. 41, No. 3, September 23, 2024
A. Minor
permit amendment procedures shall be used only for those permit amendments that
meet all of the following criteria:
1. Do not
violate any applicable federal 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 emissions limitation or other requirement.
4. Except as provided in subdivision C 2 of
this section, 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 project subject to the new source
review program or as a modification under § 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 that would
otherwise require a permit under the new source review program.
6. Are not required to be processed as a
significant amendment under
9VAC5-80-1290
or as an administrative permit amendment under
9VAC5-80-1270.
B. Notwithstanding subsection A of
this section, minor permit amendment procedures may be used for permit
amendments that meet any of the following criteria:
1. Involve 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.
2. Require new or more frequent monitoring or
reporting by the permittee or a reduction in the level of an emissions
cap.
3. Designate any minor NSR
permit term or condition that meets the criteria in
9VAC5-80-1120 F 1 as
state-only enforceable as provided in
9VAC5-80-1120 F 2 for any
minor NSR permit or any repealed or amended regulation from which this article
is derived.
4. Apply any minor NSR
permit term or condition that is applicable to an existing emissions unit to
its replacement emissions unit that otherwise meets the requirements for
exemption from the minor new source review permit program requirements under
the provisions of
9VAC5-80-1105 A
2 a.
C. Minor permit
amendment procedures may be used for permit amendments involving the rescission
of a provision of a minor NSR permit if the department and the owner make a
mutual determination that the provision is rescinded because all of the
underlying statutory or regulatory requirements (i) upon which the provision is
based or (ii) that necessitated inclusion of the provision are no longer
applicable.
1. In order for the underlying
statutory and regulatory requirements to be considered no longer applicable,
the provision of the permit that is being rescinded must not cover a regulated
air pollutant.
2. Any emissions cap
contained in the permit shall be adjusted downward appropriately so that the
emissions unit's potential to emit does not reflect any compound no longer
considered a regulated air pollutant.
D. A request for the use of minor permit
amendment procedures shall include a description of the change, the emissions
resulting from the change, and any new applicable regulatory requirements that
will apply if the change occurs, accompanied by a request that such procedures
be used. The applicant may, at the applicant's discretion, include a suggested
proposed permit amendment.
E. The
public participation requirements of
9VAC5-80-1170
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
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 amendment.
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 if the applicant has submitted a
suggested proposed permit amendment pursuant to subsection D of this section.
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.
