Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2180 - Permit invalidation, suspension, revocation, and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit granted pursuant to this article shall become invalid if a program of
					 continuous construction or modification is not commenced within 18 months from
					 the date the permit is granted.
B.
					 A permit granted pursuant to this article shall become invalid if a program of
					 construction or modification is discontinued for a period of 18 months or more
					 or if a program of construction or modification is not completed within a
					 reasonable time. This provision does not apply to the period between
					 construction of the approved phases of a phased construction project; each
					 phase shall commence construction within 18 months of the projected and
					 approved commencement date.
C. The
					 department may extend the periods prescribed in subsections A and B of this
					 section upon satisfactory demonstration that an extension is justified.
					 Provided there is no substantive change to the application information, the
					 review and analysis, and the decision of the department, such extensions may be
					 granted using the procedures for minor amendments in
					 9VAC5-80-2220.
D. Any owner who constructs or operates a
					 source or modification not in accordance (i) with the application submitted
					 pursuant to this article, or (ii) with the terms and conditions of any permit
					 to construct or operate, or any owner of a source or modification subject to
					 this article who commences construction or operation without applying for and
					 receiving a permit hereunder, shall be subject to appropriate enforcement
					 action including, but not limited to, any specified in this section.
E. Permits issued under this article shall be
					 subject to such terms and conditions set forth in the permit as the department
					 may deem necessary to ensure compliance with all applicable requirements of the
					 regulations of the board.
F. The
					 department may revoke any permit if the permittee:
1. Knowingly makes material misstatements in
					 the permit application or any amendments thereto;
2. Fails to comply with the terms or
					 conditions of the permit;
3. Fails
					 to comply with any emission standards applicable to an emissions unit included
					 in the permit;
4. Causes emissions
					 from the stationary source which result in violations of, or interfere with the
					 attainment and maintenance of, any ambient air quality standard; or fails to
					 operate in conformance with any applicable control strategy, including any
					 emission standards or emission limitations, in the implementation plan in
					 effect at the time that an application is submitted; or
5. Fails to comply with the applicable
					 provisions of this article.