Section 2250. Applicability

Article 10. Permit Application Fees for Stationary Sources

A. Except as provided in subsection C of this section, the provisions of this article apply to permit applications as follows:

1. Permit applications subject to review under the provisions of Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part.

2. Permit applications subject to review under the provisions of Article 5 (9VAC5-80-800 et seq.) of this part.

3. Permit applications subject to review under the provisions of Article 6 (9VAC5-80-1100 et seq.) of this part.

4. Permit applications subject to review under the provisions of Article 7 (9VAC5-80-1400 et seq.) of this part.

5. Permit applications subject to review under the provisions of Article 8 (9VAC5-80-1605 et seq.) or Article 9 (9VAC5-80-2000 et seq.) of this part.

6. Permit applications subject to review under the provisions of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation).

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The provisions of this article shall not apply to the following:

1. Applications that are received by the appropriate regional office prior to July 1, 2012, except that applications that are received prior to July 1, 2012, and are amended on or after July 1, 2012, may be subject to the permit application fee due as if the application was received on or after July 1, 2012, less any permit application fee amount paid for that application prior to July 1, 2012. The provisions of 9VAC5-80-2290 apply to amended permit applications.

2. Applications for an administrative permit amendment or an administrative permit modification to an existing permit.

3. Applications for permits or changes to permits for a true minor source.

D. The department shall make any final determinations required by this article, including, but not limited to:

1. The applicability of this article;

2. Any applicability determinations required pursuant to Articles 1 (9VAC5-80-50 et seq.), 3 (9VAC5-80-360 et seq.), 5 (9VAC5-80-800 et seq.), 6 (9VAC5-80-1100 et seq.), 7 (9VAC5-80-1400 et seq.), 8 (9VAC5-80-1605 et seq.) and 9 (9VAC5-80-2000 et seq.) of this part and pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) that affect the applicability of this article;

3. The amount of permit application fees owed; and

4. The applicability of words or terms to a particular stationary source or permit application.

Historical Notes

Derived from Volume 20, Issue 23, eff. July 1, 2004; amended, Virginia Register Volume 21, Issue 04, eff. December 1, 2004; Volume 28, Issue 22, eff. July 1, 2012.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the federal Clean Air Act; and 40 CFR Parts 51, 61, 63, 70 and 72.