W. Va. Code R. § 45-13-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 45-13-10 - Permit Transfer, Suspension, Revocation and Responsibility

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.

W. Va. Code R. § 45-13-10