Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 60 - HAZARDOUS AIR POLLUTANT SOURCES › Part II - Emission Standards › Article 3 - Control Technology Determinations for Major Sources of Hazardous Air Pollutants(Rule 6-3) › Section 9VAC5-60-140 - Approval process for new and existing affected sources

Current through Register Vol. 40, No. 24, July 15, 2024
A. The requirements of subdivisions 1 and 2
					 of this subsection apply to major sources that include, as of the § 112(j)
					 deadline, one or more sources in a category or subcategory for which the
					 administrator has failed to promulgate an emission standard under 40 CFR Part
					 63 on or before an applicable § 112(j) deadline. Existing source MACT
					 requirements (including relevant compliance deadlines), as specified in a
					 federal operating permit issued to the source pursuant to the requirements of
					 this article, shall apply to such sources.
1.
					 The owner shall submit an application for a federal operating permit or for a
					 revision to an existing federal operating permit or a pending federal operating
					 permit meeting the requirements of
					 9VAC5-60-150 A by the § 112(j)
					 deadline if the owner can reasonably determine that one or more sources at the
					 major source belong in the category or subcategory subject to this
					 article.
2. If an application was
					 not submitted under subdivision A 1 of this section and if notified by the
					 board, the owner shall submit an application for a federal operating permit or
					 for a revision to an existing federal operating permit or a pending federal
					 operating permit meeting the requirements of
					 9VAC5-60-150 A within 30 days after
					 being notified in writing by the board that one or more sources at the major
					 source belong to such category or subcategory.
3. The requirements in this subdivision apply
					 when the owner has obtained a federal operating permit that incorporates a
					 case-by-case MACT determination by the board under the hazardous air pollutant
					 new source review program or has submitted a federal operating permit
					 application for a revision that incorporates a case-by-case MACT determination
					 under the hazardous air pollutant new source review program, but has not
					 submitted an application for a federal operating permit revision that addresses
					 the emission limitation requirements of this article.
a. When the owner has a federal operating
					 permit that incorporates a case-by-case MACT determination by the board under
					 the hazardous air pollutant new source review program, the owner shall submit
					 an application meeting the requirements of
					 9VAC5-60-150 A for a federal
					 operating permit revision within 30 days of the § 112(j) deadline or
					 within 30 days of being notified in writing by the board that one or more
					 sources at the major source belong in such category or subcategory. Using the
					 procedures established in subsection E of this section, the board will
					 determine whether the emission limitations prescribed pursuant to the prior
					 case-by-case MACT determination under the hazardous air pollutant new source
					 review program are substantially as effective as the emission limitations which
					 the board would otherwise prescribe pursuant to this article for the source in
					 question. If the board determines that the emission limitations previously
					 prescribed to effectuate the hazardous air pollutant new source review program
					 are substantially as effective as the emission limitations that the board would
					 otherwise prescribe to effectuate this article for the source, then the board
					 will retain the existing emission limitations in the permit as the emission
					 limitations to effectuate this article. The federal operating permit applicable
					 to that source shall be revised accordingly. If the board does not retain the
					 existing emission limitations in the permit as the emission limitations to
					 effectuate this article, the MACT requirements of this article are satisfied
					 upon issuance of a revised federal operating permit incorporating any
					 additional requirements of this article.
b. When the owner has submitted a federal
					 operating permit application that incorporates a case-by-case MACT
					 determination by the board under the hazardous air pollutant new source review
					 program, but has not received the permit incorporating the hazardous air
					 pollutant new source review program requirements, the owner shall continue to
					 pursue a federal operating permit that addresses the emission limitation
					 requirements of the hazardous air pollutant new source review program. Within
					 30 days of issuance of that federal operating permit, the owner shall submit an
					 application meeting the requirements of
					 9VAC5-60-150 A for a change to the
					 existing federal operating permit. Using the procedures established in
					 subsection E of this section, the board will determine whether the emission
					 limitations prescribed pursuant to the prior case-by-case MACT determination
					 under the hazardous air pollutant new source review program are substantially
					 as effective as the emission limitations that the board would otherwise
					 prescribe pursuant to this article for the source in question. If the board
					 determines that the emission limitations previously prescribed to effectuate
					 the hazardous air pollutant new source review program are substantially as
					 effective as the emission limitations that the board would otherwise prescribe
					 to effectuate this article for the source, then the board will retain the
					 existing emission limitations in the permit as the emission limitations to
					 effectuate this article. The federal operating permit applicable to that source
					 shall be revised accordingly. If the board does not retain the existing
					 emission limitations in the permit as the emission limitations to effectuate
					 this article, the MACT requirements of this article are satisfied upon issuance
					 of a revised federal operating permit incorporating any additional requirements
					 of this article.