Review 577

Date Filed: 1/1/2001

Notice of Periodic Review

Pursuant to Executive Order 25(98), the Department of Environmental Quality, on behalf of the State Air Pollution Control Board, will review the regulations listed below. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order 25(98).

The department and the board are seeking comment regarding whether the regulations meet their established goals and whether the regulations are written clearly and easily understandable by affected persons.

9 VAC 5 CHAPTER 80, PERMITS FOR STATIONARY SOURCES

The regulation establishes new source review permit programs (prevention of significant deterioration areas, nonattainment areas, minor sources, and hazardous air pollutants) whereby owners are required to obtain a permit prior to beginning construction of a new facility or the expansion to an existing one. Establishes a federal operating permit program (Title V) whereby owners of regulated major facilities are required to obtain a renewable permit to operate the facility. Also, establishes a state operating permit program used to establish source-specific regulatory requirements.

The goals of the regulation are to: (i) protect public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; (ii) enhance the Department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code through the issuance and enforcement of federal (Title V) operating permits; (iii) identify and clarify for the Department and source owner exactly which air quality program requirements are applicable to the permitted source through the issuance and enforcement of federal (Title V) operating permits; (iv) provide an administrative mechanism to impose source-specific regulatory requirements with the flexibility to address the individual needs of sources through the issuance and enforcement of state operating permits; (v) provide a mechanism to administer certain air quality control program requirements without the need for federal oversight through the issuance and enforcement of state operating permits; (vi) prevent the construction, modification, or operation of facilities that will prevent or interfere with the attainment or maintenance of any ambient air quality standard through the issuance and enforcement of new source review permits; (vii) ensure that new facilities or expansions to existing facilities will be designed, built, and equipped to operate without causing or exacerbating a violation of any ambient air quality standard through the issuance and enforcement of new source review permits; (viii) ensure that new facilities or expansions to existing facilities will be designed, built, and equipped to comply with case-by-case control technology determinations and other requirements through the issuance and enforcement of new source review permits ; (ix) prevent the construction, modification, or operation of major facilities that will not use maximum achievable control technology to limit emissions of hazardous air pollutants through the issuance and enforcement of new source review permits; (x) ensure that there is no significant deterioration of air quality throughout the Commonwealth through the issuance and enforcement of new source review permits for new major facilities or major expansions locating in prevention of significant deterioration areas; and (xi) ensure that emission increases from new major facilities or major expansions to existing facilities are offset by emission reductions from existing facilities by an equal or greater amount through the issuance and enforcement of new source review permits for new major facilities or major expansions locating in nonattainment areas.

The specific article of 9 VAC 5 Chapter 80 on which the department is seeking comment is listed below:

ARTICLE 8, PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS LOCATING IN PREVENTION OF SIGNIFICANT DETERIORATION AREAS

Comments on the above will be accepted until 4:30 p.m., February 1, 2001. Comments may be submitted by mail, facsimile transmission, email, and must be submitted to Robert A. Mann, Director, Office of Air Regulatory Development, Department of Environmental Quality, P.O. Box 10009, Richmond, Virginia 23240 (email: ramann@deq.state.va.us) (fax number 804-698-4510). Comments by facsimile transmission will be accepted only if followed by receipt of the signed original within one week. Comments by email will be accepted only if the name, address, and phone number of the commenter are included.

Publication of Notice in the Register and Public Comment Period

Comments Received: 0

Review Result

Retain the regulation with no changes

Attorney General Certification

Prior to early 2014, AG periodic review certifications were done off-line