Current through Register Vol. 41, No. 3, September 23, 2024
A. A
permit may be granted pursuant to this article if it is shown to the
satisfaction of the department that the following standards and conditions will
be met:
1. The stationary source or emissions
unit shall operate without causing a violation of the applicable provisions of
regulations of the board;
2. The
stationary source or emissions unit shall be in compliance with all applicable
emission standards or meet the provisions of any administrative enforcement
mechanism issued pursuant to
9VAC5-170-120;
and
3. The stationary source or
emissions unit shall operate in conformance with any applicable control
strategy, including any emission standards or emission limitations, in the
implementation plan in effect at the time that an application is submitted so
as not to prevent or interfere with the attainment or maintenance of any
applicable ambient air quality standard.
B. Permits may be granted to stationary
sources or emissions units located in nonattainment areas provided the
requirements of subdivisions A 1 and 2 of this section are met.
C. Permits granted pursuant to this article
may contain emission standards as necessary to implement the provisions of this
article. The following criteria shall be met in establishing emission standards
to the extent necessary to assure that emissions levels are enforceable as a
practical matter:
1. Standards 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 of them for each affected
pollutant.
2. 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;
or
b. The emission rate based on
the potential to emit of the emissions unit.
3. Emission standards shall only include
limitations that are determined by the department to be achievable through
application of production processes or available methods, systems, and
techniques, including, but not limited to, any of the following: emissions
control equipment, fuel cleaning or treatment, fuel combustion techniques, or
substitution of less toxic or nontoxic materials.
4. 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.
D. In consideration of the factors specified
below, the owner may propose and the department may establish an alternative
emission standard provided the owner demonstrates to the satisfaction of the
department that it meets the standards and conditions in subsection A and
subdivision C 2 of this section and is enforceable as a practical matter.
1. The impact upon the ability of the
stationary source or emissions unit to operate in a competitive and efficient
manner.
2. The previous efforts to
reduce actual emissions taken at the owner's initiative.
3. The technological and economic
practicality of reducing emissions.
4. The impact upon the availability and cost
of fuels and process materials.
E. An emission standard may be changed to
allow an increase in emissions level provided the amended standard meets the
requirements of subsection A of this section and the increased emissions levels
would not make the stationary source or emissions unit subject to the new
source review program.
F. Operating
permits issued under this article may contain, but not be limited to, any the
following elements as necessary to ensure that the permits are enforceable as a
practical matter:
1. Emission standards as set
out in this section.
2. Conditions
necessary to enforce emission standards. Conditions to provide enforceability
may include, but not be limited to, the following:
a. Limit on fuel sulfur content;
b. Limit on production rates with time frames
as appropriate to support the emission standards in this section;
c. Limit on raw material usage rate;
and
d. Limits on the minimum
required capture, removal and overall control efficiency for any air pollution
control equipment.
3.
Specifications for permitted equipment, identified as thoroughly as possible.
The identification shall include, but not be limited to, type, rated capacity,
and size.
4. Specifications for air
pollution control equipment installed or to be installed and the circumstances
under which such equipment shall be operated.
5. Specifications for air pollution control
equipment operating parameters, where necessary to ensure that the required
overall control efficiency is achieved. The operating parameters may include,
but not be limited to, the following:
a.
Pressure indicators and required pressure drop;
b. Temperature indicators and required
temperature;
c. pH indicators and
required pH; and
d. Flow indicators
and required flow.
6.
Requirements for proper operation and maintenance of any pollution control
equipment, and appropriate spare parts inventory.
7. Stack test requirements.
8. Reporting or recordkeeping requirements,
or both.
9. Continuous emission or
air quality monitoring requirements, or both.
10. Compliance schedules.
11. Other requirements as may be necessary to
ensure compliance with the applicable state and federal regulations.
G. Permits granted pursuant to
this article shall contain terms and conditions to the extent necessary to
ensure that:
1. The permit meets the
requirements of this article;
2.
The permit is enforceable as a practical matter; and
3. The permittee adheres to the terms and
conditions of the permit.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
