Virginia Law

A. DEQ shall issue and modify the PSD permit in accordance with the procedures set forth in subsections B through D of this subsection. Public participation activities associated with issuance of the PSD permit which were conducted prior to November 15, 1997, shall be considered applicable toward meeting the requirements of this section. DEQ shall specify within the PSD permit the conditions under which the PSD permit may be modified.

B. DEQ shall provide for public participation prior to issuing the PSD permit. At a minimum, DEQ shall:

1. Make available for public inspection in at least one location in the area of the site the information submitted by the permittee, the DEQ's analysis of the effect on air quality including the preliminary determination, and a copy or summary of any other materials considered in making the preliminary determination;

2. Notify the public by advertisement in a newspaper of general circulation in the area of the site of the application, of the preliminary determination, and of the opportunity for comment at a public hearing as well as written public comment;

3. Provide a 30-day period for submittal of public comment;

4. Send a copy of the notice of public comment to the following: the EPA Administrator, through the appropriate regional office; any other state or local air pollution control agencies; the chief executives of the city and county where the site is located; any state, federal land manager, or other governing body whose lands may be affected by emissions from the site; and

5. Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the site, the control technology required, and other appropriate considerations.

C. For any change that does not meet the criteria for an administrative permit modification established in subdivision D 1 of this section, DEQ shall provide an opportunity for public participation consistent with the provisions of subsection B of this section prior to processing the permit modification.

D. The following provisions govern administrative permit modifications:

1. An administrative permit modification is a permit revision that:

a. Corrects typographical errors;

b. Identifies a change in the name, address, or phone number of any person identified in the PSD permit or provides a similar minor administrative change at the site;

c. Requires more frequent monitoring, recordkeeping, or reporting by the permittee;

d. Allows for a change in ownership or operational control of a source where DEQ determines that no other change in the permit is necessary provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to DEQ;

e. Updates the emission calculation methods specified in the permit provided that the change does not also involve a change to any sitewide emissions cap;

f. Changes the monitoring, recordkeeping, or reporting requirements for equipment that has been shutdown or is no longer in service; or

g. Makes any other change that is stipulated in the PSD permit as qualifying as an administrative permit modification, provided that the permit condition which includes such stipulation has already undergone public participation in accordance with subsection B of this section.

2. DEQ may make an administrative permit modification consistent with the following procedures:

a. DEQ shall take final action on any request for an administrative permit modification within 60 days from receipt of the request and may incorporate such changes without providing notice to the public provided that DEQ designates any such permit revisions as having been made pursuant to this subdivision.

b. DEQ shall submit a copy of the revised permit to the EPA Administrator.

c. Merck may implement the changes addressed in the request for an administrative permit modification immediately upon submittal of the request to DEQ.