Current through Register Vol. 41, No. 3, September 23, 2024
A. No
minor NSR permit will be granted unless it is shown to the satisfaction of the
department that the source will comply with the following standards:
1. The source shall be designed, built and
equipped to comply with standards of performance prescribed under 9VAC5-50 (New
and Modified Stationary Sources) and with emission standards prescribed under
9VAC5-60 (Hazardous Air Pollutant Sources);
2. For sources subject to the federal
hazardous air pollutant new source review program, the source shall be
designed, built, and equipped to comply with the applicable emission standard
and other requirements prescribed in 40 CFR Part 61 or 63 or Article 3
(9VAC5-60-120 et
seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources), as
applicable;
3. The source shall be
designed, built and equipped to operate without preventing or interfering with
the attainment or maintenance of any applicable ambient air quality standard
and without causing or exacerbating a violation of any applicable ambient air
quality standard; and
4. The source
shall be designed, built and equipped to operate without causing a violation of
the applicable provisions of regulations of the board or the applicable control
strategy portion of the implementation plan.
B. Minor NSR permits may contain emission
caps provided the caps are made enforceable as a practical matter using the
elements set forth in subsection D of this section. The emission caps may be
considered in determining whether a stationary source is a synthetic minor
source.
C. Minor NSR permits may
contain emissions standards as necessary to implement the provisions of this
article and
9VAC5-50-260.
The following criteria apply in establishing emission standards to the extent
necessary to assure that emissions levels are enforceable as a practical
matter:
1. Standards may include limits on 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 emissions rate
based on the potential to emit of the emissions unit.
3. The standard may prescribe, as an
alternative to or a supplement to a limit prescribed under subdivision 1 of
this subsection, equipment, work practice, fuels specification, process
materials, maintenance, or operational standards, or any combination of
them.
D. Minor NSR
permits will contain, but need not be limited to, any of the following elements
as necessary to ensure that the permits are enforceable as a practical matter:
1. Emission standards.
2. Conditions necessary to enforce emission
standards. Conditions may include, but not be limited to, any of the following:
a. Limits on fuel sulfur content.
b. Limits on production rates with time
frames as appropriate to support the emission standards.
c. Limits on raw material usage
rate.
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. Specifications included in the permit under this subdivision are for
informational purposes only and do not form enforceable terms or conditions of
the permit unless the specifications are needed to form the basis for one or
more of the other terms or conditions in the permit.
4. Specifications for air pollution control
equipment installed or to be installed. Specifications included in the permit
under this subdivision are for informational purposes only and do not form
enforceable terms or conditions of the permit unless the specifications are
needed to form the basis for one or more of the other terms or conditions in
the permit.
5. Specifications for
air pollution control equipment operating parameters and the circumstances
under which such equipment shall be operated, where necessary to ensure that
the required overall control efficiency is achieved. The operating parameters
may include, but need not be limited to, any of the following:
a. Pressure indicators and required pressure
drop.
b. Temperature indicators and
required temperature.
c. pH
indicators and required pH.
d. Flow
indicators and required flow.
6. Requirements for proper operation and
maintenance of any pollution control equipment, and appropriate spare parts
inventory.
7. Performance test
requirements.
8. Reporting or
recordkeeping requirements, or both.
9. Continuous emission or air quality
monitoring requirements, or both.
10. Other requirements as may be necessary to
ensure compliance with the applicable regulations.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
