Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1590 - Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. If
					 the administrator promulgates a MACT standard under § 112(d) or §
					 112(h) of the federal Clean Air Act that is applicable to a stationary source,
					 group of stationary sources, or portion of a stationary source which would be
					 deemed to be a constructed or reconstructed major source under this article
					 before the date the owner has obtained a final and legally effective permit
					 pursuant to this article, the owner shall comply with the promulgated standard
					 by the compliance date in the promulgated standard.
B. If the administrator promulgates a MACT
					 standard under § 112(d) or § 112(h) of the federal Clean Air Act that
					 is applicable to a stationary source, group of stationary sources, or portion
					 of a stationary source which was deemed to be a constructed or reconstructed
					 major source under this article and has been subject to a prior case-by-case
					 MACT determination pursuant to this article, and the owner obtained a final and
					 legally effective case-by-case MACT determination prior to the promulgation
					 date of the MACT standard, the department shall (if the initial federal
					 operating permit has not yet been issued) amend the permit issued pursuant to
					 this article in accordance with the reopening procedures of
					 9VAC5-80-1580
					 to incorporate the emission standard, or shall (if the initial federal
					 operating permit has been issued) revise the federal operating permit according
					 to the reopening procedures in
					 9VAC5-80-240
					 to incorporate the MACT standard.
1. The MACT
					 standard established pursuant to § 112(d) or § 112(h) of the federal
					 Clean Air Act may specify a compliance date for those sources which have
					 obtained a final and legally effective case-by-case MACT determination under
					 this article. In that event, the department shall reopen the source's federal
					 operating permit in accordance with the procedures in
					 9VAC5-80-240
					 to incorporate the applicable compliance date.
2. If no compliance date is specified in the
					 MACT standard established pursuant to § 112(d) or § 112(h) of the
					 federal Clean Air Act for those sources which have obtained a final and legally
					 effective case-by-case MACT determination under this article, the department
					 shall establish a compliance date that assures the owner will comply with a
					 promulgated MACT standard as expeditiously as practicable, but no longer than
					 eight years after the standard is promulgated, and shall reopen the source's
					 federal operating permit in accordance with procedures in
					 9VAC5-80-240
					 to incorporate that compliance date.