Section 360. Compliance

If the board has reason to believe that the emissions from an affected facility are, or may be, discharged in such quantities so as to cause, or contribute to, any ambient air concentration that is (i) in excess of any significant ambient air concentration specified in 9VAC5-60-330 or (ii) has the potential to cause or contribute to substantial and imminent endangerment of human health, a permit shall not be issued until the owner complies with one or more of the following:

1. Demonstrate that the emissions from the facility do not, and will not, cause, or contribute to, any of the significant ambient air concentrations in 9VAC5-60-330 being exceeded.

2. Demonstrate that the applicable significant ambient air concentration in 9VAC5-60-330 is inappropriate for the toxic pollutant in question by showing that the emissions from the affected facility produce no endangerment of human health.

3. Control the emissions from the affected facility to a level resulting in ambient air concentrations that are below the significant ambient air concentrations or resulting in such other ambient air concentrations acceptable to the board.

Historical Notes

Derived from Volume 18, Issue 14, eff. May 1, 2002.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.