Current through Register Vol. 41, No. 3, September 23, 2024
A. The review
process for new affected sources is as follows:
1. If the board requires an owner to obtain
or revise a federal operating permit before construction of the new affected
source, or when the owner chooses to obtain or revise a federal operating
permit before construction, the owner shall follow the administrative
procedures established under the federal operating permit program before
construction of the new affected source.
2. If an owner is not required to obtain or
revise a federal operating permit before construction of the new affected
source (and has not elected to do so), but the new affected source is covered
by any preconstruction or pre-operation review requirements established
pursuant to the hazardous air pollutant new source review program, then the
owner shall comply with those requirements. If the new affected source is not
subject to the hazardous air pollutant new source review program, the board
will issue a MNSR permit in accordance with the MNSR permit procedures
supplemented by the procedures set forth in subsections B through H of this
section before construction or operation of the new affected source.
3. Regardless of the review process, the
case-by-case MACT determination will be consistent with the principles
established in
9VAC5-60-170. The application for
the applicable new source review permit or a federal operating permit, permit
modification, or administrative amendment, whichever is applicable, will
include the documentation required by
9VAC5-60-150.
B. The board will provide for an enhanced
review of MNSR permits used to implement case-by-case MACT determinations in
accordance with the following review procedures and compliance requirements:
1. The board will notify the owner in writing
as to whether the application for a case-by-case MACT determination is complete
or whether additional information is required.
2. The board will approve an applicant's
proposed control technology, or the board will notify the owner in writing of
its intention to disapprove a control technology.
3. The owner may present in writing, within a
time frame specified by the board, additional information, considerations, or
amendments to the application before the board's issuance of a final
disapproval.
4. The board will
issue a preliminary approval or issue a disapproval of the application taking
into account additional information received from the owner.
5. A determination to disapprove any
application will be in writing and will specify the grounds on which the
disapproval is based.
6. Approval
of an applicant's proposed control technology will be set forth in a MNSR
permit as described in
9VAC5-60-140 F.
C. The board will provide
opportunity for public comment on the preliminary MNSR permit prior to
issuance, including, at a minimum:
1.
Availability for public inspection, in at least one location in the area
affected, of the information submitted by the owner and of the board's
tentative determination;
2. A
period for submittal of public comment of at least 30 days;
3. A notice by prominent advertisement in the
area affected of the location of the source information and analysis specified
in 9VAC5-60-140 F. The form and
content of the notice will be substantially equivalent to that found in
9VAC5-80-270 or
9VAC5-80-670; and
4. An opportunity for a public hearing if one
is requested. The board will give at least 30 days' notice in advance of any
hearing.
D. The board
will send copies of the preliminary permit (in time for comment) and final
permit required by subsection C of this section to the administrator through
the appropriate regional office, to affected states, and to all other state and
local air pollution control agencies having jurisdiction in the region in which
the new source would be located. The board will provide EPA with a review
period for the final permit of at least 45 days, and will not issue the final
MNSR permit until EPA objections are satisfied.
E. An owner of a major source that is subject
to a case-by-case MACT determination shall comply with notification, operation
and maintenance, performance testing, monitoring, reporting, and recordkeeping
requirements established under
9VAC5-60-140 F 2, under the federal
operating permit program, and at the discretion of the board, under Subpart A
of 40 CFR Part 63. The board will provide the EPA with the opportunity to
review compliance requirements for consistency with requirements established
pursuant to the federal operating permit program during the review period under
subsection D of this section.
F. If
the board requires a new source review permit for a new source case-by-case
MACT determination under this article, such requirement will not necessitate a
determination under Subpart E of 40 CFR Part 63.
Statutory Authority
§ 10.1-1308 of the Code of Virginia, § 112 of
the Clean Air Act, and 40 CFR Parts 61 and 63.
