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 9VAC5-80-1420 - General

Current through Register Vol. 40, No. 24, July 15, 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.