West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-7 - Permit Review by U.S. EPA and Affected States

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Transmission of information to U.S. EPA.
7.1.a. The Secretary shall provide to the
				U.S. EPA a copy of each permit application (including any application for a
				significant or minor permit modification), each fact sheet, each proposed
				permit, and each final Title V operating permit. The applicant may be required
				by the Secretary to provide a copy of the permit application (including the
				compliance plan) directly to the U.S. EPA. Upon agreement with the U.S. EPA,
				the Secretary may submit to the U.S. EPA a permit application summary form and
				any relevant portion of the permit application and compliance plan in place of
				the complete permit application and compliance plan. To the extent practicable,
				the preceding information shall be provided in computer-readable format
				compatible with U.S. EPA's national database management system.
7.1.b. If significant comment is received
				during the public participation process, the Secretary shall provide to U.S.
				EPA a written response to comments on the draft permit and an explanation of
				how those public comments and the response to comments document are available
				to the public.
7.1.c. Sequential
				review. If the public participation process for a draft permit concludes before
				the proposed permit is submitted to the Administrator, the fact sheet and the
				written response to comments, if significant comment was received during the
				public participation process under subsection 6.8, shall be submitted with the
				proposed permit along with other supporting materials required under
				subdivision 7.1.a, excepting the final permit. U.S. EPA's forty-five (45) day
				review period for the proposed permit will begin when said materials have been
				received.
7.1.d. Concurrent review.
				If the Secretary submits a proposed permit to U.S. EPA before the public
				participation process on the draft permit has been completed, the fact sheet
				shall be submitted with the proposed permit along with other supporting
				materials required under subdivision 7.1.a, excepting the final permit and the
				written response to comments.
7.1.d.1. If the
				Secretary receives significant comment on the draft permit during the public
				participation process under subsection 6.8, U.S. EPA will no longer consider
				the submitted permit as a permit proposed to be issued under the CAA.
7.1.d.2. If required by paragraph 7.1.d.1,
				the Secretary shall make revisions as needed to the permit and fact sheet to
				address such public comments and prepare a written response to comments
				according to subdivision 6.8.e. The Secretary shall submit the proposed permit
				and supporting material required under subdivision 7.1.a, excepting the final
				permit, to U.S. EPA after the public comment period has closed. U.S. EPA's
				review will begin after the proposed permit and supporting materials have been
				received.
7.1.e. The
				Secretary shall retain for five (5) years such records and submit to U.S. EPA
				such information as U.S. EPA may reasonably require to ascertain whether the
				state Title V operating permit program complies with the requirements of the
				Clean Air Act.