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

Current through Register Vol. XLI, No. 28, July 12, 2024
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.