Section 20-303. PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS

 

303.1The following criteria shall be used in the processing of a permit application:

 

(a)A permit, permit modification, or renewal may be issued only if all of the following conditions have been met:

 

(1)The Mayor has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under § 302.4;

 

(2)Except for modifications qualifying for minor permit modification procedures under §§ 303.5(b) and 303.5(c), the Mayor has complied with the requirements for public participation under § 303.10;

 

(3)The Mayor has complied with the requirements for notifying and responding to affected states under § 304.2;

 

(4)The Mayor finds that the conditions of the permit provide for compliance with all applicable requirements and the requirements of Part 70; and

 

(5)The Administrator has received a copy of the proposed permit and any notices required under §§ 304.1 and 304.2, and has not objected to issuance of the permit under § 304.3 within the time specified therein;

 

(b)Upon receipt of an application submitted pursuant to § 301, the Mayor shall provide notice to the applicant of whether the application is complete. Unless the Mayor requests additional information or otherwise notifies the applicant that the application is incomplete within sixty (60) days of receipt, the application shall be deemed complete;

 

(c)Following review of an application submitted in accordance with § 301, the Mayor shall issue a draft permit, permit modification, or renewal for public comment. Public participation procedures shall be in accordance with § 303.10. The draft shall be accompanied by a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The Mayor shall send this statement to the Administrator, to affected States, and to the applicant, and shall place a copy in the public file;

 

(d)Following completion of the public comment period, the Mayor shall prepare and transmit to the Administrator a proposed permit, permit modification, or renewal for the following:

 

(1)The proposed permit, modification, or renewal shall be issued no later than fifty (50) days preceding the respective deadlines for permit issuance, modifications and renewals established in this chapter, and shall contain all applicable requirements that have been promulgated and made applicable to the source as of the date of issuance of the draft permit;

 

(2)If new requirements are promulgated or otherwise become newly applicable to the source following the issuance of the draft permit but before issuance of the final permit, the Mayor may do either:

 

(A)Extend or reopen the public comment period (for an additional time not to exceed thirty (30) days) to solicit comment on additional permit provisions to implement the new requirements; or

 

(B)If the Mayor determines that extension or reopening of the public comment period would unduly delay issuance of the permit, include within the proposed or final permit a provision stating that the permit will be reopened to incorporate the new requirements and expressly excluding the new requirements from the protection of the permit shield. If the Mayor elects to issue the proposed or final permit without incorporating the new requirements, the Mayor shall, within thirty (30) days of the new requirements becoming applicable to the source, institute proceedings pursuant to § 303.6 to reopen the permit to incorporate the new requirements. The reopening proceedings may be instituted, but need not be completed, before issuance of the final permit;

 

(e)The following action shall be taken after the Mayor's transmittal of the proposed permit, permit modification or permit renewal for the Administrator's review:

 

(1)Upon receipt of notice from the Administrator that the Administrator will not object to a. proposed permit, permit modification, or permit renewal that has been transmitted for the Administrator's review pursuant to this section, the Mayor shall issue the permit, permit modification, or permit renewal no later than the fifth (5th) day following receipt of the notice from the Administrator;

 

(2)Upon the passage of forty-five (45) days after transmission of a proposed permit, permit modification, or permit renewal for the Administrator's review, and if the Administrator has not notified the Mayor that the Administrator objects to the proposed permit action, the Mayor shall issue the permit, permit modification, or renewal no later than the fiftieth (50th) day following transmission for the Administrator's review; or

 

(f)Except as provided in § 303.1(f)(1) or (2) of this paragraph, the Mayor shall take final action on each application for a permit within eighteen (18) months after receiving a complete application. For each application, the Mayor shall transmit a proposed permit, modification, or renewal to the Administrator no later than fifty (50) days before the appropriate deadline for permit issuance established in this section:

 

(1)The Mayor shall take final action on at least one-third (1/3) of all initial permit applications (as defined in § 301.1(a)(1)) annually during the first three (3) years following the effective date of the operating permit program; and

 

(2)The Mayor shall take action on any permit, permit modification, or renewal issued in compliance with regulations promulgated under Title IV or V of the Act for the permitting of affected sources under the Acid Rain Program within the time specified in those regulations; and

 

(g)To the extent feasible, applications shall be acted upon in the order received, except that priority shall be given to taking final action on applications for construction or modification under Title I, Parts C and D of the Act.

 

303.2Except as provided in § 303.2(a), no source subject to this chapter may operate after the time that it is required to submit a timely and complete application under an approved permit program, except in compliance with a permit issued under this chapter:

 

(a)If a source subject to the requirement to obtain a permit under this chapter submits a timely and complete application for permit issuance or renewal, that source's failure to have a permit shall not be a violation of the requirement to have such a permit until the Mayor takes final action on the application. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to § 303.1(b), the applicant fails to submit by the deadline specified in writing by the Mayor any additional information needed to process the application; and

 

(b)The submittal of a complete application shall not affect the requirement that any source have a preconstruction permit under Title I of the Act.

 

303.3Procedures affecting permit renewal and expiration shall be subject to the following requirements:

 

(a)Applications for permit renewal shall be subject to the same procedural requirements, including those for public participation, affected State comment, and Administrator's review, that apply to initial permit issuance under § 303.1. An application for permit renewal may address only those portions of the permit that require revision, supplementing, or deletion, incorporating the remaining permit terms by reference from the previous permit. The Mayor may similarly, in issuing a draft renewal permit or proposed renewal permit, specify only those portions that will be revised, supplemented, or deleted, incorporating the remaining permit terms by reference;

 

(b)A source's right to operate shall terminate upon the expiration of its permit unless a timely and complete renewal application has been submitted at least six (6) months before the date of expiration or the Mayor has taken final action approving the source's application for renewal by the expiration date; and

 

(c)If a timely and complete application for a permit renewal is submitted, but the Mayor fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied, and any permit shield granted for the permit shall continue in effect during that time.

 

303.4The characterization of administrative permit amendments shall be outlined as follows:

 

(a)An "administrative permit amendment" is a permit revision that:

 

(1)Corrects typographical errors;

 

(2)Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

 

(3)Requires more frequent monitoring or reporting by the permittee;

 

(4)Allows for a change in ownership or operational control of a source where the Mayor determines 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 the Mayor; or

 

(5)Incorporates any other type of change which the Administrator has determined as part of the Mayor's approved permit rule to be similar to those in paragraphs (d)(1)(i) through (iv) of § 70.7 of Part 70;

 

(b)Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act;

 

(c)An administrative permit amendment shall be made by the Mayor in accord with the following:

 

(1)The Mayor shall take final action on a request for an administrative permit amendment within sixty (60) days from the date of receipt of a request, and may incorporate the proposed changes without providing notice to the public or affected States; Provided, that the Mayor designates any permit revisions as having been made pursuant to this paragraph;

 

(2)The Mayor shall transmit a copy of the revised permit to the Administrator;

 

(3)The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request; and

 

(d)The Mayor may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in § 302.6 for administrative permit amendments made pursuant to § 303.4(a)(5).

 

303.5A permit modification shall be any revision to an operating permit that cannot be accomplished under the program's provisions for administrative permit amendments under § 303.4. A permit modification for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act as follows:

 

(a)The Mayor shall provide adequate, streamlined, and reasonable procedures for expeditiously processing permit modifications by adopting and complying with the procedures established in the paragraphs of this subsection:

 

(b)Minor permit modification procedures shall be follows:

 

(1)Criteria:

 

(A)Minor permit modification procedures may be used only for those permit modifications that:

 

(i)Do not violate any applicable requirement;

 

(ii)Do not involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit;

 

(iii)Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis; and

 

(iv)Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. The terms and conditions include the following:

 

(a)A federally-enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act; and

 

(b)An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Act; and

 

(v)Are not modifications under any provision of Title I of the Act;

 

(B)Notwithstanding §§ 303.5(b)(1)(A) and (c)(1) of this subsection, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable requirement;

 

(2)To use the minor permit modification procedures, a source shall submit an application requesting such use which shall meet the basic permit application requirements under this chapter and shall include the following:

 

(A)A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

 

(B)The source's suggested draft permit;

 

(C)Certification by a responsible official, consistent with § 301.4, that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and

 

(D)Completed forms for the Mayor to use to notify the Administrator and affected States as required under § 304;

 

(3)Within five (5) working days of receipt of a complete minor permit modification application, the Mayor shall meet the Mayor's obligation under §§ 70.8(a)(1) and (b)(1) of 40 CFR Part 70 to notify the Administrator and affected States of the requested permit modification. The Mayor shall promptly send any notice required under § 304.2(b) to the Administrator;

 

(4)The Mayor will not issue a final permit modification until after the Administrator's forty-five (45) day review period or until the Administrator has notified the Mayor that the Administrator will not object to issuance of the permit modification, whichever occurs first, although the Mayor can approve the permit modification prior to that time. Within ninety (90) days of the Mayor's receipt of an application under the minor permit modification procedures or fifteen (15) days after the end of the Administrator's forty-five (45) day review period under § 304.3, whichever is later, the Mayor shall do one of the following:

 

(A)Issue the permit modification as proposed;

 

(B)Deny the permit modification application;

 

(C)Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or

 

(D)Revise the draft permit modification and transmit to the Administrator the new proposed permit modification as required by § 304.1;

 

(5)Immediately after filing an application meeting the requirements of these minor permit modification procedures, the source is authorized to make the change or changes proposed in the application. After the source makes the change allowed by the preceding sentence, and until the Mayor takes any of the actions specified in subparagraphs (b)(4)(A) through (C) of this subsection, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this period, the source need not comply with the existing terms and conditions it seeks to modify. However, if the sources fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it;

 

(6)The permit shield under § 302.6 will not extend to minor permit modifications;

 

(c)Pursuant to this paragraph, the Mayor may modify the procedure outlined in § 303.5(b) to process groups of a source's applications for certain modifications eligible for minor permit modification processing:

 

(1)Group processing of modifications may be used only for those permit modifications:

 

(A)That meet the criteria for minor permit modification procedures under § 303.5(b)(1)(A); and

 

(B)That collectively are below the following threshold level: ten percent (10%) of the emissions allowed by the permit for the emissions unit for which the change is requested, twenty percent (20%) of the applicable definition of major source in § 399.1, or five (5) tons per year, whichever is least;

 

(2)An application requesting the use of group processing procedures shall meet the requirements of § 301.3, and shall include the following:

 

(A)A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

 

(B)The source's suggested draft permit;

 

(C)Certification by a responsible official, consistent with § 301.4, that the proposed modification meets the criteria for use of group processing procedures and a request that the procedures be used;

 

(D)A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under § 303.5(c)(1)(B);

 

(E)Certification, consistent with § 301.4, that the source has notified the Administrator of the proposed modification (The notification need only contain a brief description of the requested modification); and

 

(F)Completed forms for the Mayor to use to notify the Administrator and affected States as required under § 304.

 

(3)On a quarterly basis or within five (5) business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level set under § 303.5(c)(1)(B), whichever is earlier, the Mayor shall, in accordance with §§ 304.1(a) and 304.2(a), notify the Administrator and affected States of the requested permit modifications. The Mayor shall send any notice required under § 304.2(b) to the Administrator;

 

(4)The provisions of § 303.5(b)(4) shall apply to modifications eligible for group processing, except that the Mayor shall take one of the actions specified in §§ 303.5(b)(4)(A) through (D) within one hundred eighty (180) days of receipt of the application or fifteen (15) days after the end of the Administrator's forty-five (45) day review period under § 304.3, whichever is later;

 

(5)The provisions of § 303.5(b)(5) shall apply to modifications eligible for group processing; and

 

(6)The provisions of § 303.5(b)(6) shall also apply to modifications eligible for group processing;

 

(d)Significant modification procedures shall be as follows:

 

(1)Significant modification procedures shall be used for applications requesting permit modifications that:

 

(A)Involve a significant change in existing monitoring permit terms or conditions, or constitute a relaxation of reporting or record keeping permit terms or conditions;

 

(B)Require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

 

(C)Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. The terms and conditions include the following:

 

(i)A federally-enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I; and

 

(ii)An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Act;

 

(D)Are modifications under any provision of Title I of the Act, except those that qualify for processing as administrative permit amendments under § 303.4(e); and

 

(E)Do not qualify as administrative permit amendments under § 303.4(a) or minor permit modifications under § 303.5(b);

 

(2)Nothing herein shall be construed to preclude the permittee from making changes consistent with Part 70 that would render existing permit compliance terms and conditions irrelevant; and

 

(3)Significant permit modifications shall meet all requirements of this chapter that are applicable to permit issuance and renewal, including those for applications, public participation, review by affected States, and review by the Administrator. The application for the modification shall describe the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs. The Mayor shall complete review of significant permit modifications within nine (9) months after receipt of a complete application.

 

303.6Each issued permit shall be subject to be reopened for cause under the following circumstances:

 

(a)A permit shall be reopened for cause if the following occurs:

 

(1)The Mayor or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms of the permit;

 

(2)Additional applicable requirements under the Act become applicable to the source; Provided, that reopening on this ground is not required if the following occurs:

 

(A)The source is not a major source;

 

(B)The permit has a remaining term of less than three (3) years;

 

(C)The effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to § 303.3(c); or

 

(D)The additional applicable requirements are implemented in a general permit that is applicable to the source and the source receives approval for coverage under that general permit;

 

(3)Additional requirements (including excess emissions requirements) become applicable to a source under the Acid Rain Program; Provided, that upon approval by the Administrator excess emissions offset plans shall be deemed to be incorporated into the permit; or

 

(4)The Mayor or the Administrator determines that the permit must be revised to assure compliance by the source with applicable requirements;

 

(b)If the Mayor finds reason to believe that a permit should be reopened and modified for cause, the Mayor shall provide at least thirty (30) days prior written notice to that effect to the source, except the notice period can be shorter if the Mayor finds that an emergency exists. The notice shall include the following:

 

(1)A statement of the terms and conditions that the Mayor proposes to change, delete, or add to the permit. If the Mayor does not have sufficient information to determine the terms and conditions that must be changed, deleted, or added to the permit, the notice shall request the source to provide that information within a period of time specified in the notice, which shall be not less than thirty (30) days except in the case of an emergency; and

 

(2)If the proposed reopening is to be done pursuant to § 303.6(a) the Mayor shall give the source an opportunity to provide evidence that the permit should not be reopened;

 

(c)When modifying a permit, the Mayor shall follow the procedures established under §§ 303.1 and 303.10 and shall alter only those portions of the permit for which cause to reopen exists. The source shall in all cases be afforded an opportunity to comment on the revised permit terms;

 

(d)While a reopening proceeding is pending, the source shall be entitled to the continued protection of any permit shield provided in the permit pending issuance of a modified permit unless the Mayor specifically suspends the shield on the basis of a finding that the suspension is necessary to implement applicable requirements. If such a finding applies only to certain applicable requirements or to certain permit terms, the suspension shall extend only to those requirements or terms; and

 

(e)Any reopening under § 303.6(a)(2) shall be completed within eighteen (18) months after promulgation of the applicable requirements.

 

303.7Each issued permit may be reopened (modifications) and revoked for cause by the Administrator under the following circumstances:

 

(a)If the Mayor receives a notice from the Administrator that the Administrator has found that cause exists to revoke, or reopen a permit, the Mayor shall, within ten (10) days after receipt of the notification, provide notice to the source. The notice to the source shall include a copy of the notice from the Administrator and invite the source to comment in writing on the proposed action;

 

(b)Within ninety (90) days following receipt of the notification from the Administrator, the Mayor shall issue and forward to the Administrator a proposed determination in response to the Administrator's notification. The Mayor may request additional time for this transmission pursuant to Part 70 if such time is required to obtain a new or revised permit application or other information from the source; and

 

(c)Within ninety (90) days of receipt of an objection from the Administrator on his or her proposed determination, the Mayor shall either resolve the objection or modify or revoke the permit in accordance with the Administrator's objection.

 

303.8The following procedures shall apply to revocations and terminations:

 

(a)The Mayor may terminate a permit at the request of the permittee or revoke it for cause. For purposes of this section, cause for revocation exists if the following occurs:

 

(1)The permitted stationary source is in violation of any term or condition of the permit and the permittee has not undertaken appropriate action (such as a schedule of compliance) to resolve the violation;

 

(2)The permittee has failed to disclose material facts relevant to issuance of the permit or has knowingly submitted false or misleading information to the Mayor;

 

(3)The Mayor finds that the permitted stationary source or activity substantially endangers public health, safety, or the environment, and that the danger cannot be removed by a modification of the terms of the permit;

 

(4)The permittee has failed to pay permit fees required under § 305; or

 

(5)The permittee has failed to pay a civil or criminal penalty imposed for violations of the permit;

 

(b)Upon finding that cause exists for revocation of a permit, the Mayor shall notify the permittee of that finding in writing, stating the reasons for the proposed revocation. Within thirty (30) days following receipt of that notice, the permittee may submit written comments concerning the proposed revocation and may request a hearing pursuant to § 104. If the Mayor thereafter makes a final determination to revoke the permit, the Mayor shall provide a written notice to the permittee specifying the reasons for the decision and the effective date of the revocation;

 

(c)A revocation issued under this section may be issued conditionally with a future effective date and may specify that the revocation will not take effect if the permittee satisfies the specified conditions before the effective date;

 

(d)A permittee may at any time apply for termination of all or a portion of its permit relating solely to operations, activities, and emissions that have been permanently discontinued at the permitted stationary source. An application for termination shall identify with specificity the permit or permit terms that relate to the discontinued operations, activities, and emissions. The Mayor shall act on an application for termination on this ground within ninety (90) days of receipt and shall grant the application for termination upon finding that the permit terms for which termination is sought relate solely to operations, activities, and emissions that have been permanently discontinued. In terminating all or portions of a permit pursuant to this subsection, the Mayor may make appropriate orders for the submission of a final report or other information from the source to verify the complete discontinuation of the relevant operations, activities, and emissions;

 

(e)A source may apply for termination of its permit on the ground that its operations, activities, and emissions are fully covered by a general permit for which it has applied for and received coverage pursuant to § 302.4. The Mayor shall act on an application for termination on this ground within ninety (90) days of receipt and shall grant the application upon a finding that the source's operations, activities, and emissions are fully covered by a general permit; and

 

(f)A source that has received a final revocation or termination of its permit may apply for a new permit under the procedures established in § 301.

 

303.9If applicable requirements require the Mayor to make a case-by-case determination of an emission standard, technology requirement, work practice standard, or other requirement for a source and to include terms and conditions implementing that determination in the source's permit, the source shall include in its permit application under § 301 a proposed determination, together with the data and other information upon which the determination is to be based and proposed terms and conditions to implement the determination. Upon receipt of a request from the source, the Mayor may meet with the source before the permit application is submitted to discuss the determination and the information required to make it. In the event that the Mayor determines that the source's proposed determination and implementing terms and conditions should be revised in the draft permit, the proposed permit, or the final permit, the Mayor shall inform the source of the changes to be made and allow the source to comment on those changes before issuing the draft permit, proposed permit, or final permit.

 

303.10Except for modifications qualifying for the minor permit modification procedures under § 303.5(b), all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall be conducted in accordance with the following procedures for public participation:

 

(a)After receiving a complete application for a permit, significant permit modification, or permit renewal, the Mayor shall, no later than sixty-one (61) days before the deadline for issuing a proposed permit, significant modification, or renewal for the Administrator's review, issue a draft permit and solicit comment from the applicant, from the affected States and from the public as follows:

 

(1)The Mayor shall provide notice to the public by doing the following:

 

(A)Making available a public file containing a copy of all materials (including permit applications, compliance plans, permit monitoring and compliance certification reports, except for information entitled to confidential treatment under § 301.1(c)) that the applicant has submitted a copy of the preliminary determination and draft permit or permit renewal, and a copy or summary of other materials, if any, considered in making the preliminary determination;

 

(B)Publishing a notice in the District of Columbia Register and using any other means necessary to assure adequate notice to the affected public of the application, the preliminary determination, the location of the public file, the procedures for submitting written comments, the procedures for requesting a hearing if the Mayor has not scheduled a hearing, and the date, time, and location of the public hearing; and

 

(C)Publishing any notice of a public hearing at least thirty (30) days in advance of the hearing.

 

(2)Copies of the notice required under § 303.10(a)(1)(B) shall be sent to the applicant, to the representatives of affected States designated by those states to receive the notices, and to persons on a mailing list developed by the Mayor, including those who request in writing to be on the list;

 

(b)The public notice shall establish a period of not less than thirty (30) days following publication of the notice for the submission of written comments and shall identify the affected stationary source the name and address of the applicant or permittee, the name and address of the Mayor's representative with responsibility for the permitting action, the activity or activities involved in the permit action, the emissions change involved in any permit modification, and the location of the public file;

 

(c)The applicant shall be afforded an opportunity to submit, within ten (10) days following the close of the public comment period or the public hearing, whichever is later, a response to any comments made;

 

(d)The Mayor shall consider all comments submitted by the applicant, the public, and affected States in reaching its final determination and issuing the proposed permit, modification, or renewal for the Administrator's review. The Mayor shall maintain a list of all commenters and a summary of the issues raised in sufficient detail such that the Administrators may fulfill his or her obligation under § 505(b)(2) of the Act and shall make that information available in the public file and supply it to the Administrator upon request; and

 

(e)At the time the Mayor issues a proposed permit, modification, or renewal for the Administrator's review, the Mayor shall issue a written response to all comments submitted by affected States and all significant comments submitted by the applicant and the public. Copies of this written response shall be provided to the Administrator, affected States, and the applicant, and a copy shall be placed in the public file.

 

303.11Any final action in granting or denying an application for a permit, permit amendment or modification, or permit renewal shall be subject to judicial review in the Superior Court of the District of Columbia upon an application filed by the applicant, any person who participated in the public comment process, and any other person who could obtain judicial review under District law. The opportunity for judicial review provided for in this subsection shall be the exclusive means for obtaining judicial review of any permit action. Procedures for judicial review shall be as follows:

 

(a)No application for judicial review may be filed more than ninety (90) days following the final action on which the review is sought, unless:

 

(1)The grounds for review arose at a later time, in which case the application for review shall be filed within ninety (90) days of the date on which the grounds for review first arose and review shall be limited to the later-arising grounds; or

 

(2)The final action being challenged is the Mayor's failure to take final action, in which case an application for judicial review may be filed any time before the Mayor denies the permit or issues the final permit.

 

(b)Any application for judicial review shall be limited to the following:

 

(1)Issues raised in written comments filed with the Mayor or during a public hearing on the proposed permit action (if the grounds on which review is sought were known at that time), except that this restriction shall not apply if the person seeking review was not afforded an advance opportunity to comment on the challenged action; and

 

(2)Issues that are germane and material to the permit action at issue.

 

 

source

Final Rulemaking published at 40 DCR 8105, 8128 (November 19, 1993); as Final Rulemaking published at 48 DCR 4479(May 18, 2001); as Final Rulemaking published at 50 DCR 2343(March 21, 2003).