Current through Register Vol. 41, No. 3, September 23, 2024
A. The
board will determine whether the Part 1 and Part 2 MACT application is complete
or an application for a MNSR permit is approvable. In either case, when the
application is complete or approvable, the board will establish hazardous air
pollutant emissions limitations equivalent to the limitations that would apply
if an emission standard had been issued in a timely manner under § 112(d)
or (h) of the federal Clean Air Act. The board will establish these emissions
limitations consistent with the following requirements and principles:
1. Emission limitations will be established
for the equipment and activities within the affected sources within a source
category or subcategory for which the deadline in § 112(j) of the federal
Clean Air Act has passed.
2. Each
emission limitation for an existing affected source will reflect the maximum
degree of reduction in emissions of hazardous air pollutants (including a
prohibition on such emissions, where achievable) that the board, taking into
consideration the cost of achieving such emission reduction and any nonair
quality health and environmental impacts and energy requirements, determines is
achievable by affected sources in the category or subcategory for which the
deadline in § 112(j) of the federal Clean Air Act has passed. This
limitation will not be less stringent than the MACT floor, which will be
established by the board according to the requirements of § 112(d)(3)(A)
and (B) of the federal Clean Air Act and will be based upon available
information.
3. Each emission
limitation for a new affected source will reflect the maximum degree of
reduction in emissions of hazardous air pollutants (including a prohibition on
such emissions, where achievable) that the board, taking into consideration the
cost of achieving such emission reduction and any nonair quality health and
environmental impacts and energy requirements, determines is achievable. This
limitation will not be less stringent than the emission limitation achieved in
practice by the best controlled similar source that will be established by the
board according to the requirements of § 112(d)(3) of the federal Clean
Air Act. This limitation will be based upon available information.
4. The board will select a specific design,
equipment, work practice, or operational standard, or combination thereof, when
it is not feasible to prescribe or enforce an equivalent emission limitation
due to the nature of the process or pollutant. It is not feasible to prescribe
or enforce a limitation when the administrator determines that hazardous air
pollutants cannot be emitted through a conveyance designed and constructed to
capture such pollutant, or that any requirement for, or use of, such a
conveyance would be inconsistent with any federal, state, or local law, or the
application of measurement methodology to a particular class of sources is not
practicable due to technological and economic limitations.
5. Nothing in this article will prevent the
board from establishing an emission limitation more stringent than required by
federal regulations.
B.
The owner shall submit additional copies of its Part 1 and Part 2 MACT
application for a federal operating permit, permit revision, or MNSR permit,
whichever is applicable, to the EPA at the same time the material is submitted
to the board.
§ 10.1-1308 of the Code of Virginia, § 112 of
the Clean Air Act, and 40 CFR Parts 61 and 63.
