Section 120. Applicability

Article 3. Control Technology Determinations for Major Sources of Hazardous Air Pollutants (Rule 6-3)

A. The provisions of this article apply to any owner of an affected source within a source category or subcategory for which the administrator has failed to promulgate a MACT standard by the § 112(j) of the federal Clean Air Act deadline.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The provisions of this article do not apply to research or laboratory activities.

D. If federal operating permit program applicability has been deferred for a source category, the provisions of this article shall not apply for sources in that category until those sources become subject to federal operating permit requirements.

E. The procedures in this article apply for each affected source only after the § 112(j) deadline for the source category or subcategory in question has passed, and only until such time as a generally applicable emission standard governing that source has been promulgated. Once a generally applicable emission standard governing that source has been promulgated, the owner of the affected source and the board are not required to take any further actions to develop an equivalent emission limitation under this article.

F. Any final equivalent emission limitation for an affected source that is issued by the board pursuant to this article prior to promulgation of a generally applicable emission standard governing that source shall be deemed an applicable federal requirement adopted pursuant to § 112(j) of the federal Clean Air Act. Each such equivalent emission limitation shall take effect upon issuance of the federal operating permit containing that limitation and shall remain applicable to the source until such time as it may be revised or supplanted pursuant to the procedures established by this article. Such a final equivalent emission limitation, and all associated requirements adopted pursuant to 9VAC5-60-140 F 2, are directly enforceable under federal law regardless of whether any permit in which they may be contained remains in effect.

Historical Notes

Derived from Volume 17, Issue 04, eff. January 1, 2001; amended, Virginia Register Volume 19, Issue 03, eff. December 1, 2002; Volume 20, Issue 16, eff. July 1, 2004.

Statutory Authority

§ 10.1-1308 of the Code of Virginia, § 112 of the Clean Air Act, and 40 CFR Parts 61 and 63.