Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department may establish an emission cap for sources or emissions units
applicable under this article when the applicant requests that a cap be
established.
B. The criteria in
subdivisions 1 through 5 of this subsection shall be met in establishing
emission standards for emission caps to the extent necessary to assure that
emissions levels are met permanently.
1. If an
emissions unit was subject to emission standards prescribed in the Regulations
for the Control and Abatement of Air Pollution prior to the date the permit is
issued, a standard covering the emissions unit and pollutants subject to the
emission standards shall be incorporated into the permit issued under this
article.
2. A permit issued under
this article may also contain emission standards for emissions units or
pollutants that were not subject to emission standards prescribed in the
Regulations for the Control and Abatement of Air Pollution prior to the
issuance of the permit.
3. Each
standard shall be based on averaging time periods for the standards as
appropriate based on applicable air quality standards, any emission standard
applicable to the emissions unit prior to the date the permit is issued, or the
operation of the emissions unit, or any combination of them. The emission
standards may include the level, quantity, rate, or concentration or any
combination of them for each affected pollutant.
4. In no case shall a standard result in
emissions which would exceed the lesser of the following:
a. Allowable emissions for the emissions unit
based on emission standards applicable prior to the date the permit is
issued.
b. The emissions rate based
on the potential to emit of the emissions unit.
5. The standard may prescribe, as an
alternative to or a supplement to an emission limitation, an equipment, work
practice, fuels specification, process materials, maintenance, or operational
standard, or any combination of them.
C. Using the significant modification
procedures of
9VAC5-80-230,
an emissions standard may be changed to allow an increase in emissions level
provided the amended standard meets the requirements of subdivisions B 1 and B
4 of this section and provided the increased emission levels would not make the
source subject to the new source review program.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
