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 9VAC5-60-170 - Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 board will determine whether the Part 1 and Part 2 MACT application is complete
					 or an application for a MNSR permit is approvable. In either case, when the
					 application is complete or approvable, the board will establish hazardous air
					 pollutant emissions limitations equivalent to the limitations that would apply
					 if an emission standard had been issued in a timely manner under § 112(d)
					 or (h) of the federal Clean Air Act. The board will establish these emissions
					 limitations consistent with the following requirements and principles:
1. Emission limitations will be established
					 for the equipment and activities within the affected sources within a source
					 category or subcategory for which the deadline in § 112(j) of the federal
					 Clean Air Act has passed.
2. Each
					 emission limitation for an existing affected source will reflect the maximum
					 degree of reduction in emissions of hazardous air pollutants (including a
					 prohibition on such emissions, where achievable) that the board, taking into
					 consideration the cost of achieving such emission reduction and any nonair
					 quality health and environmental impacts and energy requirements, determines is
					 achievable by affected sources in the category or subcategory for which the
					 deadline in § 112(j) of the federal Clean Air Act has passed. This
					 limitation will not be less stringent than the MACT floor, which will be
					 established by the board according to the requirements of § 112(d)(3)(A)
					 and (B) of the federal Clean Air Act and will be based upon available
					 information.
3. Each emission
					 limitation for a new affected source will reflect the maximum degree of
					 reduction in emissions of hazardous air pollutants (including a prohibition on
					 such emissions, where achievable) that the board, taking into consideration the
					 cost of achieving such emission reduction and any nonair quality health and
					 environmental impacts and energy requirements, determines is achievable. This
					 limitation will not be less stringent than the emission limitation achieved in
					 practice by the best controlled similar source that will be established by the
					 board according to the requirements of § 112(d)(3) of the federal Clean
					 Air Act. This limitation will be based upon available information.
4. The board will select a specific design,
					 equipment, work practice, or operational standard, or combination thereof, when
					 it is not feasible to prescribe or enforce an equivalent emission limitation
					 due to the nature of the process or pollutant. It is not feasible to prescribe
					 or enforce a limitation when the administrator determines that hazardous air
					 pollutants cannot be emitted through a conveyance designed and constructed to
					 capture such pollutant, or that any requirement for, or use of, such a
					 conveyance would be inconsistent with any federal, state, or local law, or the
					 application of measurement methodology to a particular class of sources is not
					 practicable due to technological and economic limitations.
5. Nothing in this article will prevent the
					 board from establishing an emission limitation more stringent than required by
					 federal regulations.