D.C. Mun. Regs. tit. 20, r. 20-202

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 20-202 - MODIFICATION, REVOCATION AND TERMINATION OF PERMITS

202.1

After providing notice and opportunity for appeal pursuant to § 107 of the air quality regulations, the Department may amend, suspend, revoke, or deny the issuance or renewal of a permit issued pursuant to this chapter.

202.2

The Department may take action pursuant to § 202.1 of the air quality regulations if action is warranted by amendments to the District or federal air quality laws and regulations or if the applicant or permit holder:

(a) Has violated or failed to comply with any of the terms and conditions of the permit, District or federal air quality laws and regulations, or an Order of the Department;

(b) Has made a false statement or misrepresentation material to the issuance, modification, or renewal of a permit;

(c) Has submitted a false or fraudulent record, invoice, or report; or

(d) Has had a permit denied, revoked, or suspended in the District or by another state or jurisdiction.

202.3

Except in cases of willfulness or cases in which the public health or welfare requires otherwise, no permit shall be amended, suspended, or revoked unless, prior to the institution of proceedings, facts or conduct that may warrant action have been called to the attention of the permittee in writing, and the permittee has been given an opportunity to demonstrate or achieve compliance with all lawful requirements.

202.4

The Department may terminate or amend a permit upon the written request of the permittee.

202.5

A permit amendment shall be subject to notice and opportunity for public comment and hearing as required by § 210 of the air quality regulations, if the proposed amendment:

(a) Involves a significant change in existing monitoring permit terms or conditions, or constitutes a relaxation of reporting or record keeping permit terms or conditions:

(b) Requires change to a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(c) Seeks to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject;

(d) For permits to construct, seeks to change the type of emissions control device or equipment to be constructed, and the new equipment has a higher potential to emit, emissions rate, heat input, or electrical output ; or

(e) Otherwise warrants public notice and comment, as determined by the Department.

202.6

A permit to construct or modify a source shall be valid only if used within one (1) year from the date of issuance in one (1) of the following ways:

(a) The permittee has begun, or caused to begin, a continuous program of physical on-site construction of a source to be completed within a reasonable time; or

(b) The permittee has entered into binding agreements or contractual obligations that cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

202.7

An action to amend, suspend, revoke, or deny the issuance or renewal of a permit under this section shall be in writing and shall include the following:

(a) The name and address of the applicant, or holder of, the permit;

(b) A statement of the proposed action and the proposed effective date and duration of a proposed suspension or denial of a permit;

(c) A statement of the reasons for the proposed action;

(d) A statement of when reapplication, if applicable, is acceptable;

(e) The procedure for requesting an appeal of the Department's proposed action before it becomes final; and

(f) Any additional information that the Department deems necessary or appropriate to support the proposed action.

202.8

If the applicant or holder of permit requests an appeal pursuant to this section, a written response to the Department's legal and factual basis for the proposed action is required, including any explanations, comments, and arguments relevant to the proposed action.

D.C. Mun. Regs. tit. 20, r. 20-202

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §202, 32 DCR 565, 594 (February 1, 1985); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)