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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 60. Hazardous Air Pollutant Sources

9VAC5-60-160. Preconstruction review procedures for new affected sources subject to 9VAC5-60-140 C 1.

A. The review process for new affected sources is as follows:

1. If the board requires an owner to obtain or revise a federal operating permit before construction of the new affected source, or when the owner chooses to obtain or revise a federal operating permit before construction, the owner shall follow the administrative procedures established under the federal operating permit program before construction of the new affected source.

2. If an owner is not required to obtain or revise a federal operating permit before construction of the new affected source (and has not elected to do so), but the new affected source is covered by any preconstruction or pre-operation review requirements established pursuant to the hazardous air pollutant new source review program, then the owner shall comply with those requirements. If the new affected source is not subject to the hazardous air pollutant new source review program, the board will issue a MNSR permit in accordance with the MNSR permit procedures supplemented by the procedures set forth in subsections B through H of this section before construction or operation of the new affected source.

3. Regardless of the review process, the case-by-case MACT determination will be consistent with the principles established in 9VAC5-60-170. The application for the applicable new source review permit or a federal operating permit, permit modification, or administrative amendment, whichever is applicable, will include the documentation required by 9VAC5-60-150.

B. The board will provide for an enhanced review of MNSR permits used to implement case-by-case MACT determinations in accordance with the following review procedures and compliance requirements:

1. The board will notify the owner in writing as to whether the application for a case-by-case MACT determination is complete or whether additional information is required.

2. The board will approve an applicant's proposed control technology, or the board will notify the owner in writing of its intention to disapprove a control technology.

3. The owner may present in writing, within a time frame specified by the board, additional information, considerations, or amendments to the application before the board's issuance of a final disapproval.

4. The board will issue a preliminary approval or issue a disapproval of the application taking into account additional information received from the owner.

5. A determination to disapprove any application will be in writing and will specify the grounds on which the disapproval is based.

6. Approval of an applicant's proposed control technology will be set forth in a MNSR permit as described in 9VAC5-60-140 F.

C. The board will provide opportunity for public comment on the preliminary MNSR permit prior to issuance, including, at a minimum:

1. Availability for public inspection, in at least one location in the area affected, of the information submitted by the owner and of the board's tentative determination;

2. A period for submittal of public comment of at least 30 days;

3. A notice by prominent advertisement in the area affected of the location of the source information and analysis specified in 9VAC5-60-140 F. The form and content of the notice will be substantially equivalent to that found in 9VAC5-80-270 or 9VAC5-80-670; and

4. An opportunity for a public hearing if one is requested. The board will give at least 30 days' notice in advance of any hearing.

D. The board will send copies of the preliminary permit (in time for comment) and final permit required by subsection C of this section to the administrator through the appropriate regional office, to affected states, and to all other state and local air pollution control agencies having jurisdiction in the region in which the new source would be located. The board will provide EPA with a review period for the final permit of at least 45 days, and will not issue the final MNSR permit until EPA objections are satisfied.

E. An owner of a major source that is subject to a case-by-case MACT determination shall comply with notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements established under 9VAC5-60-140 F 2, under the federal operating permit program, and at the discretion of the board, under Subpart A of 40 CFR Part 63. The board will provide the EPA with the opportunity to review compliance requirements for consistency with requirements established pursuant to the federal operating permit program during the review period under subsection D of this section.

F. If the board requires a new source review permit for a new source case-by-case MACT determination under this article, such requirement will not necessitate a determination under Subpart E of 40 CFR Part 63.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-06-0101, eff. April 1, 1988; amended, Virginia Register Volume 12, Issue 3, eff. December 1, 1995; Volume 13, Issue 14, eff. May 1, 1997; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 13, eff. April 14, 1999; Virginia Register Volume 16, Issue 14, eff. May 1, 2000; Volume 17, Issue 15, eff. June 1, 2001; Volume 18, Issue 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 21, Issue 7, eff. January 12, 2005; Volume 22, Issue 4, eff. December 1, 2005; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 5, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 8, eff. January 20, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 28, Issue 10, eff. February 15, 2012; Volume 29, Issue 10, eff. February 13, 2013; Volume 30, Issue 10, eff. July 1, 2014; Volume 31, Issue 12, eff. March 11, 2015; Volume 32, Issue 10, eff. February 10, 2016; Volume 33, Issue 10, eff. February 22, 2017; Volume 34, Issue 11, eff. February 21, 2018; Volume 35, Issue 11, eff. February 20, 2019; Volume 36, Issue 12, eff. March 4, 2020; Volume 37, Issue 4, eff. November 11, 2020.

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