W. Va. Code R. § 45-13-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-13-4 - Administrative Updates to Existing Permits and General Permit Registrations

4.1. Upon the request of the permittee, or with the permittee's consent, the Secretary may revise or update a valid existing permit or general permit registration issued pursuant to this rule as necessary to incorporate any administrative update identified in subsection 4.2, provided that no administrative update to a general permit registration shall be inconsistent with the terms and conditions of the applicable general permit.

4.1.a. At the Secretary's discretion a determination may be made that an applicant is not eligible for an administrative update pursuant to this section.

4.1.b. Any final decision on an administrative update application shall be issued by the Secretary within a reasonable time not to exceed sixty calendar days after receipt of a complete application by:

4.1.b.1. Issuing the administrative update;

4.1.b.2. Issuing the administrative update with reasonable conditions in addition to those requested;

4.1.b.3. Denying the administrative update request; or

4.1.b.4. Determining that the requested change does not meet the criteria of this section and should be reviewed under other provisions of this rule or other rules of the Secretary.

4.1.c. Should the Secretary deny an administrative update request, he or she shall do so in writing, providing the reasons therefor. The denial is not subject to public notice or comment nor is it subject to appeal under W. Va. Code §§ 22-5-14 or 22B-1-7. Any permit which is issued as amended pursuant to this section may be appealed under W. Va. Code §§ 22-5-14 or 22B-1-7.

4.1.d. The Secretary may incorporate changes to a permit or general permit registration as an administrative update without providing notice to the public, provided that such permit revisions are designated as Class I administrative updates as defined in subdivision 4.2.a. Class II administrative updates as defined in subdivision 4.2.b require public notice by the applicant at the time of application in accordance with the provisions of subsection 8.3.

4.1.e. Should the Secretary intend to make an administrative update to a permit pursuant to this section with the permittee's consent, or to make changes to the permittee's application for an administrative update, the Secretary shall provide the permittee with no less than fifteen (15) days written notice of that intent in order to provide an opportunity for the permittee to comment on that intent before the Secretary takes any of the actions specified in subdivision 4.1.b.

4.2. Administrative updates to a valid existing permit or general permit registration issued pursuant to this rule are authorized with respect to any change under subdivision 4.2.a or 4.2.b that does not otherwise constitute a modification as defined by this rule. No applicant shall seek an administrative update pursuant to this section to circumvent any part of this rule or any other state or federal rule or regulation. Any notification request under subsection 5.12 that the Secretary determines will require an administrative update shall comply with this section.

4.2.a. Class I administrative updates are limited to the following:

4.2.a.1. Correction of typographical errors;

4.2.a.2. Corrections or updates to mailing addresses, contact personnel or telephone numbers if contained in the permit, or change in the name of the permittee which does not involve any change in the ownership or operational control of a permitted source or unit;

4.2.a.3. Change in the construction schedule with regard to any interim schedule requirement to the extent that such a change does not interfere with any obligation under the existing permit to have pollution control equipment installed and in operation and to the extent that such a change is allowed by subsection 10.2;

4.2.a.4. Change in a permit condition to incorporate any new more stringent requirements related to an applicable rule promulgated after the existing permit was issued and that do not result in a physical change in or change in the method of operation of the source;

4.2.a.5. Change in a permit condition to incorporate any new more stringent requirements related to new information not considered at the time the existing permit was issued;

4.2.a.6. Permanent removal of equipment, not including air pollution control equipment;

4.2.a.7. Change in monitoring, recordkeeping or reporting requirements for sources which are not major sources which are determined by the Secretary to be equivalent or superior to the existing permit requirements; or

4.2.a.8. Change in a permit condition as necessary to allow changes in operating parameters, emission points, control equipment or any other aspect of a source which results in no increase in the emission of any existing regulated air pollutant or any new regulated air pollutant.

4.2.b. Class II administrative updates are limited to the following:

4.2.b.1. Change in a permit condition as necessary to allow changes in operating parameters, emission points, control equipment or any other aspect of a source which results in an increase in the emission of any existing regulated air pollutant or any new regulated air pollutant; or

4.2.b.2. Other minor changes as may be allowed on a case-by-case basis by the Secretary.

4.3. A person requesting an administrative update of a permit or general permit registration shall submit any information the Secretary may request describing the effect of the proposed change, if any, on emissions and ambient air quality from the source. The information submitted must be certified to be true, accurate and complete by a responsible official in the manner required for a permit application. Upon a determination by the Secretary that there is a potential for significant ambient air quality impact, the source may be required to submit appropriate additional information or to apply for the appropriate permit. When requested, it is the duty of the applicant to supply sufficient information to the Secretary to demonstrate there will be no significant air quality impact.

4.4. Any permittee other than a small business as defined in section 507(c) of the federal Clean Air Act which requests a Class II administrative update to a valid existing permit pursuant to this section shall submit a permit application fee of three hundred dollars ($300).

4.5. The permittee may implement the changes addressed in the request for a Class I administrative update immediately upon submittal of the request. After the permittee makes the requested Class I changes, and until the Secretary takes any of the actions specified in subdivision 4.1.b, the permittee must comply with the proposed changes to the permit. During this time period, the source need not comply with the existing permit terms and conditions it seeks to change. However, if the permittee fails to comply with its proposed permit change during this period, the existing permit terms and conditions it seeks to modify may be enforced against it. Should the permittee implement such a change immediately, the permittee will do so at its sole risk, and the permittee shall not assert as any argument, including legal or equitable, in any proceeding (administrative, civil or criminal) that such action occurred.

W. Va. Code R. § 45-13-4