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. 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, but are not limited to, an
emissions cap assumed to avoid classification as a modification under the new
source review program.
5. Are not
required to be processed as a significant amendment under
9VAC5-80-1955;
or as an administrative permit amendment under
9VAC5-80-1935.
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.
3.
Designate any term or permit condition that meets the criteria in
9VAC5-80-1625 G 1 as
state-only enforceable as provided in
9VAC5-80-1625 G 2 for any
permit issued under this article or any regulation from which this article is
derived.
C. Minor permit
amendment procedures may be used for permit amendments involving the rescission
of a provision of a 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determination that the provision is rescinded because all of the underlying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(ii) that necessitated inclusion of the provision are no longer applicable. In
order for the underlying statutory or regulatory requirements to be considered
no longer applicable, the provision of the permit that is being rescinded must
not cover a regulated NSR 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, along with 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
9VAC5-80-1775
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 permit 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 the owner seeks to modify if the applicant has
submitted a proposed permit amendment. However, if the owner fails to comply
with the proposed permit terms and conditions during this time period, the
existing permit terms and conditions the owner seeks to modify may be enforced
against the owner.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
