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 9VAC5-60-180 - Requirements for case-by-case determination of equivalent emission limitations after promulgation of a subsequent MACT standard

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the administrator promulgates a MACT
					 standard that is applicable to one or more affected source within a major
					 source before the date a federal operating permit application under this
					 subsection is approved, the permit will contain the promulgated standard rather
					 than the emission limitation determined under
					 9VAC5-60-140, and 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 source after the date a federal operating
					 permit is issued pursuant to
					 9VAC5-60-140 or
					 9VAC5-60-160, the board will
					 incorporate requirements of that standard in the permit upon its next renewal.
					 The board will establish a compliance date in the revised federal operating
					 permit that assures that the owner shall comply with the promulgated standard
					 within a reasonable time, but not longer than eight years after such standard
					 is promulgated or eight years after the date by which the owner was first
					 required to comply with the emission limitation established by the federal
					 operating permit, whichever is earlier. However, in no event will the period
					 for compliance for existing sources be shorter than that provided for existing
					 sources in the promulgated standard.
C. Notwithstanding the requirements of
					 subsections A and B of this section, the requirements of subdivisions 1 and 2
					 of this subsection apply.
1. If the
					 administrator promulgates a MACT standard under § 112(d) or (h) of the
					 federal Clean Air Act that is applicable to an affected source after the date a
					 federal operating permit application is approved under
					 9VAC5-60-140 or
					 9VAC5-60-160, the board is not
					 required to change the emission limitation in the federal operating permit to
					 reflect the promulgated standard if the board determines that the level of
					 control required by the emission limitation in the federal operating permit is
					 substantially as effective as that required by the promulgated standard
					 pursuant to 40 CFR
					 63.1(e).
2. If the administrator promulgates an
					 emission standard under § 112(d) or (h) of the federal Clean Air Act that
					 is applicable to an affected source after the date a permit application is
					 approved under
					 9VAC5-60-140 or
					 9VAC5-60-160, and the level of
					 control required by the promulgated standard is less stringent than the level
					 of control required by any emission limitation in the prior MACT determination,
					 the board is not required to incorporate any less stringent emission limitation
					 of the promulgated standard in the federal operating permit and may in its
					 discretion consider any more stringent provisions of the MACT determination to
					 be applicable legal requirements when issuing or revising such a federal
					 operating permit.