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
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 thereof. The emission standards may include the level, quantity,
rate, or concentration or any combination thereof 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 thereof.
C. Using the significant modification
procedures of
9VAC5-80-590,
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.
