West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-10 - Permit Transfer, Suspension, Revocation and Responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any permit
				issued under this rule may be transferred from a permittee to another person by
				modification of an existing permit or by transfer under this subsection. Any
				permit may be transferred to a new permittee if the Secretary determines that
				the proposed permittee has all necessary permit responsibility and the current
				permittee notifies the Secretary in writing at least 30 days in advance of the
				proposed transfer date. The proposed new permittee must certify to the
				Secretary, at least thirty (30) days in advance of the proposed transfer date,
				that a complete copy of the existing permit application and permit has been
				obtained and reviewed and that the new permittee shall adhere to the design and
				operating parameters contained in the application and comply with all terms and
				conditions in the permit. The notice must include a written agreement between
				the existing permittee and proposed new permittee containing a specific date
				for transfer of the permit and explaining the extent of permit responsibility
				between them. The Secretary shall notify the existing and proposed new
				permittee in writing of his or her intent to require the transfer through
				permit amendment, the filing of a new application or deny the transfer request.
				If such notification from the Secretary is not received by the existing
				permittee and proposed new permittee within thirty (30) days after the
				Secretary's receipt of their respective notices, then the transfer is effective
				on the date specified in the written agreement between the
				permittees.
10.2. The Secretary may
				suspend or revoke a permit or general permit registration if, after six (6)
				months from the date of issuance, the holder of the permit cannot provide the
				Secretary, at the Secretary's request, with written proof of a good faith
				effort that construction, modification, or relocation, if applicable, has
				commenced. Such proof shall be provided not later than thirty (30) days after
				the Secretary's request. If construction or modification of a stationary source
				is discontinued for a period of eighteen (18) months or longer, the Secretary
				may suspend or revoke the permit or general permit registration.
10.3. The Secretary may suspend or revoke a
				permit or general permit registration if the plans and specifications upon
				which the approval was based or the conditions established in the permit are
				not adhered to. Upon notice of the Secretary's intent to suspend, modify or
				revoke a permit, the permit holder may request a conference with the Secretary
				in accordance with the provisions of W. Va. Code §
									22-5-5
				to show cause why the permit or general permit registration should not be
				suspended, modified or revoked. After that conference, or if no conference is
				requested, the Secretary shall issue an order suspending, modifying or revoking
				the permit and send a copy of the same to the permit holder. If the permittee
				is aggrieved by the Secretary's order, the permittee may appeal the same to the
				Air Quality Board in accordance with the provisions of W. Va. Code §
									22B-1-1,
				et seq.
10.4. Possession of a
				permit does not relieve any person of the responsibility of complying with any
				and all applicable provisions of Chapter 22 of the West Virginia Code or any
				applicable rules promulgated thereunder.
10.5. A source which has not operated at
				least 500 hours in one 12-month period within the previous five (5)-year time
				period may be considered permanently shutdown, unless such source can provide
				to the Secretary, with reasonable specificity, information to the contrary. All
				permits or general permit registrations may be modified or revoked and/or
				reapplication or application for new permits may be required for any source
				determined to be permanently shutdown.