Section 170. Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission ...

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.

B. The owner shall submit additional copies of its Part 1 and Part 2 MACT application for a federal operating permit, permit revision, or MNSR permit, whichever is applicable, to the EPA at the same time the material is submitted to the board.

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.