Current through Register Vol. 41, No. 3, September 23, 2024
A.
General requirements for actions to combine permit terms and conditions are as
follows:
1. Except as provided in subdivision
3 of this subsection, the department may take actions to combine permit terms
and conditions as provided under subsections B through E of this
section.
2. Requests to combine
permit terms and conditions may be initiated by the permittee or by the
department.
3. Under no
circumstances may an action to combine permit terms and conditions be used for
any of the following:
a. To combine the terms
and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii)
any permit that is or will be part of the implementation plan.
b. To take an action to issue a permit or
change a permit for the fabrication, erection, installation, demolition,
relocation, addition, replacement, or modification of an emissions unit that
would result in a change in emissions that would otherwise (i) be subject to
review under this article or (ii) require a permit or permit amendment under
the new source review program.
c.
To allow any stationary source or emissions unit to violate any federal
requirement.
d. To take an action
to issue a permit or change a permit for any physical change in or change in
the method of operation of a major stationary source that is subject to the
provisions in
9VAC5-80-1605 C
(restrictions on relaxing enforceable emission limitations that the major
stationary source used to avoid applicability of the major NSR
program).
B.
The department may take actions to combine the terms and conditions of state
operating permits and new source review permits along with any changes to state
operating permits and new source review permits.
C. If the department and the owner make a
mutual determination that it facilitates improved compliance or the efficient
processing and issuing of permits, the department may take an action to combine
the terms and conditions of permits for emissions units within a stationary
source into one or more permits. Likewise the department may require that
applications for permits for emissions units within a stationary source
required by any permit program be combined into one application.
D. Actions to combine the terms and
conditions of permits are subject to the following conditions:
1. Each term or condition in the combined
permit shall be accompanied by a statement that specifies and references the
origin (enabling permit program) of, along with the regulatory or any other
authority for, the term or condition.
2. Each term or condition in the combined
permit shall be accompanied by a statement that specifies the effective date of
the term or condition.
3. Each term
or condition in the combined permit shall be identified by its original
designation (i.e., state-only enforceable or federally and state enforceable)
consistent with the applicable enforceability designation of the term or
condition in the contributing permit.
4. Except as provided in subsection E of this
section, all terms and conditions in the contributing permits shall be included
in the combined permit without change. The combined permit will supersede the
contributing permits, which will no longer be effective.
E. Actions to make changes to permit terms
and conditions as may be necessary to facilitate actions to combine permit
terms and conditions may be accomplished in accordance with the minor amendment
procedures (unless specified otherwise in this section) of the enabling permit
program (i.e., the permit program that is the origin of the term or condition),
subject to the following conditions:
1.
Updates to regulatory or other authorities may be accomplished in accordance
with the administrative amendment procedures of the enabling permit
program.
2. If two or more terms or
conditions apply to the same emissions unit or emissions units and are
substantively equivalent, the more restrictive of the duplicate terms or
conditions may be retained and the less restrictive one removed, subject to the
provisions of subdivision 4 of this subsection.
3. If two or more similar terms or conditions
apply to the same emissions unit or emissions units and one is substantively
more restrictive than the others, the more restrictive of the terms or
conditions shall be retained, regardless of whether the less restrictive terms
or conditions are removed. If the less restrictive of the similar terms or
conditions is removed, the provisions of subdivision 4 of this subsection
apply.
4. The removal of similar
terms or conditions from contributing permits is subject to the following
conditions:
a. If any one of the terms or
conditions removed is federally and state enforceable, the more restrictive
term or condition that is retained in the combined permit shall be federally
and state enforceable.
b. If any
one of the terms or conditions originates in a permit subject to a major NSR
program, that major NSR program shall become the effective enabling permit
program for the more restrictive term or condition that is retained in the
combined permit. If more than one major NSR program is the basis for a term or
condition, all of the applicable major NSR programs shall be the enabling
permit program for that term or condition.
c. The regulatory basis for all of the
similar terms or conditions that are removed shall be included in the reference
for the term or condition that is retained.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
