Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1160 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Prior to submitting an application for processing under subsections B through F
					 of this section, the owner may request a nonbinding applicability determination
					 as to which particular provisions of the new source review program are
					 applicable. The request for the applicability determination shall include
					 sufficient information as may be necessary for the department to make an
					 applicability determination and may include the same information required for
					 an application. Within 30 days after receipt of a request, the department will
					 (i) notify the applicant of the applicability determination or (ii) provide a
					 determination that the information provided by the owner is insufficient to
					 make an applicability determination, along with the identification of any
					 deficiencies.
B. Within 30 days
					 after receipt of an application, the department will notify the applicant of
					 the status of the application. The notification of the initial determination
					 with regard to the status of the application will be provided by the department
					 in writing and will include (i) a determination as to which provisions of the
					 new source review program are applicable, (ii) the identification of any
					 deficiencies, and (iii) a determination as to whether the application contains
					 sufficient information to begin application review. The determination that the
					 application has sufficient information to begin review is not necessarily a
					 determination that it is complete. Within 30 days after receipt of any
					 additional information, the department will notify the applicant in writing of
					 any deficiencies in such information. The date of receipt of a complete
					 application for processing under subsection C of this section shall be the date
					 on which the department received all required information, including any
					 applicable permit fees, and the provisions of § 10.1-1321.1 of the
					 Virginia Air Pollution Control Law have been met, if applicable.
C. The department will normally process an
					 application according to the steps specified in subdivisions 1 through 4 of
					 this subsection. Processing time for these steps is normally 90 days following
					 receipt of a complete application. If a public hearing is required, processing
					 time is normally 180 days following receipt of a complete application. The
					 department may extend this time period if additional information is needed.
1. Complete the preliminary review and
					 analysis in accordance with
					 9VAC5-80-1190
					 and the preliminary determination of the department. This step may constitute
					 the final step if the provisions of
					 9VAC5-80-1170
					 concerning public participation are not applicable.
2. When required, complete the public
					 participation requirements in accordance with
					 9VAC5-80-1170.
3. Consider the public comments received in
					 accordance with
					 9VAC5-80-1170.
4. Complete the final review and analysis and
					 the final determination of the department.