Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2050 - Standards and conditions for granting permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 permit will be granted pursuant to this article unless it is shown to the
					 satisfaction of the department that the following standards and conditions have
					 been met:
1. The source shall be designed,
					 built and equipped to comply with standards of performance prescribed under
					 9VAC5 Chapter 50 (9VAC5-50).
2. 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.
3. The department determines that the
					 following occurs:
a. By the time the source is
					 to commence operation, sufficient offsetting emissions reductions shall have
					 been obtained in accordance with
					 9VAC5-80-2120 such that
					 total allowable emissions of qualifying nonattainment pollutants from existing
					 sources in the region, from new or modified sources which are not major
					 emitting facilities, and from the proposed source will be sufficiently less
					 than total emissions from existing sources, as determined in accordance with
					 the requirements of this article, prior to the application for such permit to
					 construct or modify so as to represent (when considered together with any
					 applicable control measures in the implementation plan) reasonable further
					 progress; or
b. In the case of a
					 new or modified major stationary source which is located in a zone, within the
					 nonattainment area, identified by the administrator, in consultation with the
					 Secretary of Housing and Urban Development, as a zone to which economic
					 development should be targeted, that emissions of such pollutant resulting from
					 the proposed new or modified major stationary source shall not cause or
					 contribute to emissions levels which exceed the allowance permitted for such
					 pollutant for such area from new or modified major stationary sources in the
					 implementation plan; and
c. Any
					 emission reductions required as a precondition of the issuance of a permit
					 under subdivision a or b of this subdivision shall be state and federally
					 enforceable before such permit may be issued.
4. The applicant shall demonstrate that all
					 major stationary sources owned or operated by such applicant (or by any entity
					 controlling, controlled by, or under common control with such applicant) in the
					 Commonwealth are subject to emission limitations and are in compliance, or on a
					 schedule for compliance, with all applicable emission limitations and standards
					 under these regulations.
5. The
					 administrator has not determined that the applicable implementation plan is not
					 being adequately implemented for the nonattainment area in which the proposed
					 source is to be constructed or modified in accordance with the requirements of
					 this article.
6. The applicant
					 shall demonstrate, through an analysis of alternative sites, sizes, production
					 processes, and environmental control techniques for such proposed source, that
					 benefits of the proposed source significantly outweigh the environmental and
					 social costs imposed as a result of its location, construction, or
					 modification.