Current through Register Vol. 41, No. 3, September 23, 2024
A. No
owner or other person shall begin actual construction or reconstruction of any
major source of hazardous air pollutants without first obtaining from the
department a permit to construct and operate or to reconstruct and operate such
source.
B. The department may
combine the requirements of and the permits for emissions units within a
stationary source subject to the new source review program into one permit.
Likewise the department may require that applications for permits for emissions
units within a stationary source required by any provision of the new source
review program be combined into one application.
C. All provisions contained in the permit
shall be federally enforceable upon the effective date of issuance of the
permit, except for those provisions that are established to address plans,
programs, or regulatory requirements that are enforceable only by the
Commonwealth.
D. Nothing in the
regulations of the board shall be construed to prevent the department from
granting permits for programs of construction or reconstruction in planned
incremental phases. In such cases, all net emissions increases from all
emissions units covered by the program shall be added together for determining
the applicability of this article.
E. The MACT emission limitations and
requirements established according to this article shall be effective as
required by
9VAC5-80-1450
I, consistent with the principles established in subsection F of this section,
and supported by the information listed in
9VAC5-80-1440.
The owner shall comply with the requirements in
9VAC5-80-1450
J and
9VAC5-80-1490,
and with all applicable requirements in Subpart A of 40 CFR Part 63.
F. The following general principles shall
govern preparation by the owner of each permit application or other application
for stationary sources requiring a case-by-case MACT determination concerning
construction or reconstruction of a major source, and all subsequent review of
and actions taken concerning such an application by the department:
1. The MACT emission limitation or MACT
requirements recommended by the applicant and approved by the department shall
not be less stringent than the emission control which is achieved in practice
by the best controlled similar source, as determined by the
department.
2. Based upon available
information, the MACT emission limitation and control technology (including any
requirements under subdivision 3 of this subsection) recommended by the
applicant and approved by the department shall achieve the maximum degree of
reduction in emissions of hazardous air pollutants which can be achieved by
utilizing those control technologies that can be identified from the available
information, taking into consideration the costs of achieving such emission
reduction and any non-air quality health and environmental impacts and energy
requirements associated with the emission reduction.
3. The applicant may recommend a specific
design, equipment, work practice, or operational standard, or a combination
thereof, and the department may approve such a standard if the department
specifically determines that it is not feasible to prescribe or enforce an
emission limitation. The phrase "not feasible" means any situation in which the
department determines that:
a. A hazardous air
pollutant or pollutants cannot be emitted through a conveyance designed and
constructed to emit or capture such pollutant, or that any requirement for, or
use of, such a conveyance would be inconsistent with the Regulations for the
Control and Abatement of Air Pollution.
b. The application of measurement methodology
to a particular class of sources is not practicable due to technological and
economic limitations.
4.
If the administrator has either proposed a MACT emission standard or made a
presumptive MACT determination for the source category which includes the
constructed or reconstructed major source, the department shall consider the
MACT emission limitations and requirements of the proposed standard or
presumptive MACT determination in determining the MACT emission limitation
applicable to the constructed or reconstructed major source.
G. The provisions of subsection F
of this section shall not apply to new, major process or production units,
provided the process or production unit satisfies the criteria in subdivisions
1 through 6 of this subsection:
1. All
hazardous air pollutants emitted by the process or production unit that would
otherwise be controlled under the requirements of this article will be
controlled by emission control equipment which was previously installed at the
same site as the process or production unit;
2.
a. The
department has determined within a period of five years prior to the
fabrication, erection, or installation of the process or production unit that
the existing emission control equipment represented best available control
technology (BACT) or lowest achievable emission rate (LAER), determined in
accordance with
9VAC5-50-280(BACT)
or
9VAC5-50-270(LAER),
for the category of pollutants which includes those hazardous air pollutants to
be emitted by the process or production unit; or
b. The department determines that the control
of hazardous air pollutant emissions provided by the existing equipment will be
equivalent to that level of control currently achieved by other well-controlled
similar sources (i.e., equivalent to the level of control that would be
provided by a current BACT or LAER determination);
3. The department determines that the percent
control efficiency for emissions of hazardous air pollutants from all sources
to be controlled by the existing control equipment will be equivalent to the
percent control efficiency provided by the control equipment prior to the
inclusion of the new process or production unit;
4. The department has provided notice and an
opportunity for public comment concerning its determination that criteria in
subdivisions 1 through 3 of this subsection apply and concerning the continued
adequacy of any prior BACT or LAER determination;
5. If any commenter has asserted that a prior
BACT or LAER determination is no longer adequate, the department has determined
that the level of control required by that prior determination remains
adequate; and
6. Any emission
limitations, work practice requirements, or other terms and conditions upon
which the above determinations by the department are predicated will be
construed by the department as applicable requirements under the federal
operating permit program and either have been incorporated into any existing
federal operating permit for the stationary source or will be incorporated into
such permit upon issuance.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
