9 VAC 5 CHAPTER 50.

NEW AND MODIFIED STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 4.

Standards of Performance For Stationary Sources (Rule 5-4).

9 VAC 5-50-240. Applicability and designation of affected facility.

A. The affected facilities in stationary sources to which the provisions
of this article apply are facilities that emit or cause air pollution.

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

C. The provisions of this article apply only to affected facilities
subject to the new source review program.

9 VAC 5-50-250. Definitions.

A. For the purpose of the Regulations for the Control and Abatement of
Air Pollution and subsequent amendments or any orders issued by the
board, the words or terms shall have the meaning given them in
subsection C of this section.

B. As used in this article, all terms not defined here shall have the
meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5-10~~-10 et seq.~~),
unless otherwise required by context.

C. Terms defined.

\"Best available control technology\" means a standard of performance
(including a visible emission standard) based on the maximum degree of
emission reduction for any pollutant which would be emitted from any
proposed stationary source which the board, on a case-by-case basis,
taking into account energy, environmental and economic impacts and other
costs, determines is achievable for such source through the application
of production processes or available methods, systems and techniques,
including fuel cleaning or treatment or innovative fuel combustion
techniques for control of such pollutant. In no event shall application
of best available control technology result in emissions of any
pollutant which would exceed the emissions allowed by any applicable
standard in Article 5 (9 VAC 5-50-400 et seq.) of this part or Article 1
(9 VAC 5-60-60 et seq.) of Part II of 9 VAC 5 Chapter 60. If the board
determines that technological or economic limitations on the application
of measurement methodology to particular emissions unit would make the
imposition of an emission standard infeasible, a design, equipment, work
practice, operational standard, or combination of them, may be
prescribed instead of requiring the application of best available
control technology. Such standard shall, to the degree possible, set
forth the emission reduction achievable by implementation of such
design, equipment, work practice or operation, and shall provide for
compliance by means which achieve equivalent results. In determining
best available control technology for stationary sources subject to
Article 6 (9 VAC 5-80-1100 et seq.) of Part II of 9 VAC 5 Chapter 80,
consideration shall be given to the nature and amount of the new
emissions, emission control efficiencies achieved in the industry for
the source type, and the cost-effectiveness of the incremental emission
reduction achieved.

\"Lowest achievable emission rate\" means for any source, the more
stringent rate of emissions based on the following:

1\. The most stringent emissions limitation which is contained in the
implementation plan of any state for such class or category of
stationary source, unless the owner of the proposed stationary source
demonstrates that such limitations are not achievable; or

2\. The most stringent emissions limitation which is achieved in
practice by such class or category of stationary source. This
limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within the
stationary source. In no event shall the application of this term permit
a proposed new or modified stationary source to emit any pollutant in
excess of the amount allowable under an applicable new source standard
of performance.

~~\"New source review program\" means a program for the preconstruction
review and permitting of new stationary sources or expansions to
existing ones in accordance with Article 6 (9 VAC 5-80-1100 et seq.),
Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1700 et seq.)
or Article 9 (9 VAC 5-80-2000 et seq.) of 9 VAC 5 Chapter 80.~~

[\"New source review (NSR) program\" means a preconstruction review and
permit program (i) for new stationary sources or modifications (physical
changes or changes in the method of operation), (ii) established to
implement the requirements of §§ 110 (a)(2)(C), 112 (relating to permits
for hazardous air pollutants), 165 (relating to permits in prevention of
significant deterioration areas), and 173 (relating to permits in
nonattainment areas) of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.),
Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et seq.)
and Article 9 (9 VAC 5-80-2000 et seq.) of 9 VAC 5 Chapter
80.]{.underline}

9 VAC 5-50-270. Standard for major stationary sources (nonattainment
areas).

A. For major stationary sources located in nonattainment areas, no owner
or other person shall cause or permit to be discharged into the
atmosphere from any affected facility any emissions in excess of that
resultant from the lowest achievable emission rate, as reflected in any
condition that may be placed upon the permit approval for the facility.

B. A major stationary source shall apply lowest achievable emission rate
for each ~~qualifying~~ [regulated NSR]{.underline} pollutant [(as
defined in 9 VAC 5-80-2010)]{.underline} that it would emit.

C. A major modification shall apply the lowest achievable emission rate
to each new or modified emission unit which would increase the emissions
of a ~~qualifying~~ [regulated NSR]{.underline} pollutant.

D. In the case of a reconstruction, the determination of lowest
achievable emission rate shall take into account any economic or
technical limitations on compliance with applicable standards of
performance (as specified in Article 5 (9 VAC 5-50-400 et seq.) of this
chapter) which are inherent in the proposed replacements.

E. For phased construction projects, the determination of lowest
achievable emission rate shall be reviewed, and modified as appropriate,
at the latest reasonable time which occurs no later than 18 months prior
to commencement of construction of each independent phase of the
project. At such time, the owner of the applicable stationary source may
be required to demonstrate the adequacy of any previous determination of
lowest achievable emission rate for the source.

9 VAC 5-50-280. Standard for major stationary sources (prevention of
significant deterioration areas).

A. For major stationary sources located in prevention of significant
deterioration areas, no owner or other person shall cause or permit to
be discharged into the atmosphere from any affected facility any
emissions in excess of that resultant from using best available control
technology, as reflected in any condition that may be placed upon the
permit approval for the facility.

B. A major stationary source shall apply best available control
technology for each ~~pollutant subject to regulation under the federal
Clean Air Act~~ [regulated NSR pollutant (as defined in 9 VAC
5-80-1615)]{.underline} that it would have the potential to emit in
significant amounts.

C. A major modification shall apply best available control technology
for each ~~pollutant subject to regulation under the federal Clean Air
Act~~ [regulated NSR pollutant]{.underline} for which it would result in
a significant net emissions increase at the source. This requirement
applies to each proposed emissions unit at which a net emissions
increase in the pollutant would occur as a result of physical change or
change in the method of operation in the unit.

D. For phased construction projects, the determination of best available
control technology shall be reviewed, and modified as appropriate, at
the latest reasonable time which occurs no later than 18 months prior to
commencement of construction of each independent phase of the project.
At such time, the owner of the applicable stationary source may be
required to demonstrate the adequacy of any previous determination of
best available control technology for the source.

9 VAC 5 CHAPTER 80.

PERMITS FOR STATIONARY SOURCES.

Part II.

Permit Procedures.

ARTICLE 6.

Permits for New and Modified Stationary Sources.

(replaces 9 VAC 5-80-10 and 11)

9 VAC 5-80-1100. Applicability.

A. Except as provided in subsection C of this section, the provisions of
this article apply to the construction, reconstruction, relocation or
modification of any stationary source.

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

C. The provisions of this article do not apply to any stationary source,
emissions unit or facility that is exempt under the provisions of 9 VAC
5-80-1320. Exemption from the requirement to obtain a permit under this
article shall not relieve any owner of the responsibility to comply with
any other applicable provisions of regulations of the board or any other
applicable regulations, laws, ordinances and orders of the governmental
entities having jurisdiction. Any stationary source, emissions unit or
facility which is exempt from the provisions of this article based on
the criteria in 9 VAC 5-80-1320 but which exceeds the applicability
thresholds for any applicable emission standard in 9 VAC 5 Chapter 40 (9
VAC 5-40~~-10 et seq.~~) if it were an existing source or any applicable
standard of performance in 9 VAC 5 Chapter 50 (9 VAC 5-50~~-10 et
seq.~~) shall be subject to the more restrictive of the provisions of
either the emission standard in 9 VAC 5 Chapter 40 (9 VAC 5-40~~-10 et
seq.~~) or the standard of performance in 9 VAC 5 Chapter 50 (9 VAC
5-50~~-10 et seq.~~).

D. The fugitive emissions of a stationary source, to the extent
quantifiable, shall be included in determining whether it is subject to
this article. The provisions of this article do not apply to a
stationary source or modification that would be subject to this article
only if fugitive emissions, to the extent quantifiable, are considered
in calculating the actual emissions of the source or net emissions
increase.

E. An affected facility subject to Article 5 (9 VAC 5-50-400 et seq.) of
Part II of 9 VAC 5 Chapter 50 shall not be exempt from the provisions of
this article, except where:

1\. The affected facility would be subject only to recordkeeping or
reporting requirements or both under Article 5 (9 VAC 5-50-400 et seq.)
of 9 VAC 5 Chapter 50; or

2\. The affected facility is constructed, reconstructed or modified at a
stationary source which has a current permit for similar affected
facilities that requires compliance with emission standards and other
requirements that are no less stringent than the provisions of Article 5
(9 VAC 5-50-400 et seq.) of 9 VAC 5 Chapter 50.

F. Regardless of the exemptions provided in this article, no owner or
other person shall circumvent the requirements of this article by
causing or allowing a pattern of ownership or development over a
geographic area of a source which, except for the pattern of ownership
or development, would otherwise require a permit.

G. ~~Except as provided in 9 VAC 5-80-1310, no~~ [No]{.underline}
provision of this article shall be construed as exempting any stationary
source or emissions unit from the provisions of the major new source
review program. Accordingly, no provision of the major new source review
program regulations shall be construed as exempting any stationary
source or emissions unit from this article.

H. Unless specified otherwise, the provisions of this article are
applicable to various sources as follows:

1\. Provisions referring to \"sources,\" \"new or modified sources, or
both\" or \"stationary sources\" are applicable to the construction,
reconstruction or modification of all stationary sources (including
major stationary sources and major modifications) and the emissions from
them to the extent that such sources and their emissions are not subject
to the provisions of the major new source review program.

2\. Provisions referring to \"major stationary sources\" are applicable
to the construction or reconstruction of all major stationary sources
subject to this article. Provisions referring to \"major modifications\"
are applicable to major modifications of stationary sources subject to
this article.

3\. In cases where the provisions of the major new source review program
conflict with those of this article, the provisions of the major new
source review program shall prevail.

4\. Provisions referring to \"state and federally enforceable\" or
\"federally and state enforceable\" or similar wording shall mean
\"state-only enforceable\" for terms and conditions of a permit
designated state-only enforceable under 9 VAC 5-80-1120 F.

9 VAC 5-80-1110. Definitions.

A. For the purpose of applying this article in the context of the
Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meanings given them in
subsection C of this section.

B. As used in this article, all terms not defined here shall have the
meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5-10), unless otherwise
required by context.

C. Terms defined.

\"Actual emissions\" means the actual rate of emissions (expressed in
tons per year) of a pollutant from a stationary source or portion
thereof, as determined in accordance with the provisions of this
definition.

1\. In general, actual emissions as of a particular date shall equal the
average rate, in tons per year, at which the unit actually emitted the
pollutant during a two-year period that precedes the particular date and
that is representative of normal source operation. The board ~~shall~~
[will]{.underline} allow the use of a different time period upon a
determination that it is more representative of normal source operation.
Actual emissions shall be calculated using the unit\'s actual operating
hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.

2\. The board may presume that source-specific allowable emissions for
the emissions unit are equivalent to the actual emissions of the unit.

3\. For any emissions unit which has not begun normal operations on the
particular date, actual emissions shall equal the potential to emit of
the unit on that date.

\"Allowable emissions\" means the emission rate of a stationary source
calculated by using the maximum rated capacity of the source (unless the
source is subject to state and federally enforceable limits which
restrict the operating rate or hours of operation, or both) and the most
stringent of the following:

1\. Applicable emission standards;

2\. The emission limitation specified as a state and federally
enforceable permit condition, including those with a future compliance
date; and

3\. Any other applicable emission limitation, including those with a
future compliance date.

\"Applicable federal requirement\" means all of[, but not limited
to,]{.underline} the following as they apply to emissions units in a
source subject to this article (including requirements that have been
promulgated or approved by the administrator through rulemaking at the
time of permit issuance but have future-effective compliance dates):

1\. Any standard or other requirement provided for in an implementation
plan established pursuant to § 110, § 111(d) or § 129 of the federal
Clean Air Act, including any source-specific provisions such as consent
agreements or orders.

2\. Any limit or condition in any construction permit issued under the
new source review program or in any operating permit issued pursuant to
the state operating permit program.

3\. Any emission standard, alternative emission standard, alternative
emission limitation, equivalent emission limitation or other requirement
established pursuant to § 112 or § 129 of the federal Clean Air Act as
amended in 1990.

4\. Any new source performance standard or other requirement established
pursuant to § 111 of the federal Clean Air Act, and any emission
standard or other requirement established pursuant to § 112 of the
federal Clean Air Act before it was amended in 1990.

5\. Any limitations and conditions or other requirement in a Virginia
regulation or program that has been approved by EPA under subpart E of
40 CFR Part 63 for the purposes of implementing and enforcing § 112 of
the federal Clean Air Act.

6\. Any requirement concerning accident prevention under § 112(r)(7) of
the federal Clean Air Act.

7\. Any compliance monitoring requirements established pursuant to
either § 504(b) or § 114(a)(3) of the federal Clean Air Act.

8\. Any standard or other requirement for consumer and commercial
products under § 183(e) of the federal Clean Air Act.

9\. Any standard or other requirement for tank vessels under § 183(f) of
the federal Clean Air Act.

10\. Any standard or other requirement in 40 CFR Part 55 to control air
pollution from outer continental shelf sources.

11\. Any standard or other requirement of the regulations promulgated to
protect stratospheric ozone under Title VI of the federal Clean Air Act,
unless the administrator has determined that such requirements need not
be contained in a permit issued under this article.

12\. With regard to temporary sources subject to 9 VAC 5-80-130, (i) any
ambient air quality standard, except applicable state requirements, and
(ii) requirements regarding increments or visibility as provided in
Article 8 (9 VAC 5-80-~~1700~~ [1605]{.underline} et seq.) of this part.

\"Begin actual construction\" means initiation of permanent physical
on-site construction of an emissions unit. This includes, but is not
limited to, installation of building supports and foundations, laying of
underground pipework, and construction of permanent storage structures.
With respect to a change in method of operation, this term refers to
those on-site activities other than preparatory activities which mark
the initiation of the change. With respect to the initial location of a
portable emissions unit, this term refers to the delivery of any portion
of the portable emissions unit to the site.

\"Commence,\" as applied to the construction, reconstruction or
modification of an emissions unit, means that the owner has all
necessary preconstruction approvals or permits and has either:

1\. Begun, or caused to begin, a continuous program of actual on-site
construction, reconstruction or modification of the unit, to be
completed within a reasonable time; or

2\. Entered into binding agreements or contractual obligations, which
cannot be canceled or modified without substantial loss to the owner, to
undertake a program of actual construction, reconstruction or
modification of the unit, to be completed within a reasonable time.

\"Complete application\" means that the application contains all the
information necessary for processing the application and the provisions
of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been
met. Designating an application complete for purposes of permit
processing does not preclude the board from requesting or accepting
additional information.

\"Construction\" means fabrication, erection or installation of an
emissions unit.

\"Emergency\" means, in the context of 9 VAC 5-80-1320 B 2, a situation
where immediate action on the part of a source is needed and where the
timing of the action makes it impractical to meet the requirements of
this article, such as sudden loss of power, fires, earthquakes, floods
or similar occurrences.

\"Emissions cap\" means any limitation on the rate of emissions of any
~~regulated~~ air pollutant from one or more emissions units established
and identified as an emissions cap in any permit issued pursuant to the
new source review program or operating permit program.

\"Emissions unit\" means any part of a stationary source which emits or
would have the potential to emit any regulated air pollutant.

\"Enforceable as a practical matter\" means that the permit contains
emission limitations that are enforceable by the board or the department
and meet the following criteria:

1\. Are permanent;

2\. Contain a legal obligation for the owner to adhere to the terms and
conditions;

3\. Do not allow a relaxation of a requirement of the implementation
plan;

4\. Are technically accurate and quantifiable;

5\. Include averaging times or other provisions that allow at least
monthly (or a shorter period if necessary to be consistent with the
implementation plan) checks on compliance. This may include, but not be
limited to, the following: compliance with annual limits in a rolling
basis, monthly or shorter limits, and other provisions consistent with 9
VAC 5-80-1180 and other regulations of the board; and

6\. Require a level of recordkeeping, reporting and monitoring
sufficient to demonstrate compliance.

\"Federal hazardous air pollutant new source review program\" means a
program for the preconstruction review and approval of new sources or
expansions to existing ones in accordance with regulations specified
below and promulgated to implement the requirements of § 112 (relating
to hazardous air pollutants) of the federal Clean Air Act.

1\. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07, 40 CFR
61.08 and 40 CFR 61.15 for issuing approvals of the construction of any
new source or modification of any existing source subject to the
provisions of 40 CFR Part 61. These provisions of the federal hazardous
air pollutant new source review program shall be implemented through
this article and Article 1 (9 VAC 5-60-60 et seq.) of 9 VAC 5 Chapter
60.

2\. The provisions of 40 CFR 63.5 for issuing approvals to construct a
new source or reconstruct a source subject to the provisions of 40 CFR
Part 63, except for subparts B, D and E. These provisions of the federal
hazardous air pollutant new source review program shall be implemented
through this article and Article 2 (9 VAC 5-60-90 et seq.) of 9 VAC 5
Chapter 60.

3\. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for issuing
Notices of MACT Approval prior to the construction of a new emissions
unit. These provisions of the federal hazardous air pollutant new source
review program shall be implemented through this article and Article 3
(9 VAC 5-60-120 et seq.) of 9 VAC 5 Chapter 60.

\"Federally enforceable\" means all limitations and conditions which are
enforceable by the administrator and citizens under the federal Clean
Air Act or that are enforceable under other statutes administered by the
administrator. Federally enforceable limitations and conditions include,
but are not limited to the following:

1\. Emission standards, alternative emission standards, alternative
emission limitations, and equivalent emission limitations established
pursuant to § 112 of the federal Clean Air Act, as amended in 1990.

2\. New source performance standards established pursuant to § 111 of
the federal Clean Air Act, and emission standards established pursuant
to § 112 of the federal Clean Air Act before it was amended in 1990.

3\. All terms and conditions in a federal operating permit, including
any provisions that limit a source\'s potential to emit, unless
expressly designated as not federally enforceable.

4\. Limitations and conditions that are part of an implementation plan
established pursuant to § 110, § 111(d) or § 129 of the federal Clean
Air Act.

5\. Limitations and conditions that are part of a federal construction
permit issued under 40 CFR 52.21 or any construction permit issued under
regulations approved by EPA in accordance with 40 CFR Part 51.

6\. Limitations and conditions that are part of an operating permit
issued pursuant to a program approved by EPA into an implementation plan
as meeting EPA\'s minimum criteria for federal enforceability, including
adequate notice and opportunity for EPA and public comment prior to
issuance of the final permit and practicable enforceability.

7\. Limitations and conditions in a Virginia regulation or program that
has been approved by EPA under subpart E of 40 CFR Part 63 for the
purposes of implementing and enforcing § 112 of the federal Clean Air
Act.

8\. Individual consent agreements that EPA has legal authority to
create.

\"Fixed capital cost\" means the capital needed to provide all the
depreciable components.

\"Fugitive emissions\" means those emissions which could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.

\"General permit\" means a permit issued under this article that meets
the requirements of 9 VAC 5-80-1250.

\"Hazardous air pollutant\" means any air pollutant listed in § 112(b)
of the federal Clean Air Act, as amended by 40 CFR 63.60.

\"Major modification\" means any modification defined as such in ~~9 VAC
5-80-1710 C~~ [9 VAC 5-80-1615 C]{.underline} or 9 VAC 5-80-2010 C, as
may apply.

~~\"Major new source review (major NSR) program\" means a program for
the preconstruction review of changes which are subject to review as new
major stationary sources or major modifications under Article 7 (9 VAC
5-80-1400 et seq.), Article 8 (9 VAC 5-80-1700 et seq.) or Article 9 (9
VAC 5-80-2000 et seq.) of this part.~~

[\"Major new source review (major NSR) program\" means a preconstruction
review and permit program (i) for new major stationary sources or major
modifications (physical changes or changes in the method of operation),
(ii) established to implement the requirements of §§ 112, 165 and 173 of
the federal Clean Air Act and associated regulations, and (iii) codified
in Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et
seq.) and Article 9 (9 VAC 5-80-2000 et seq.) of this part.]{.underline}

\"Major stationary source\" means any stationary source which emits, or
has the potential to emit, 100 tons or more per year of any regulated
air pollutant.

~~\"Minor new source review (minor NSR) program\" means a program for
the preconstruction review of changes which are subject to review as new
or modified sources and which do not qualify as new major stationary
sources or major modifications under Article 7 (9 VAC 5-80-1400 et
seq.), Article 8 (9 VAC 5-80-1700 et seq.) or Article 9 (9 VAC 5-80-2000
et seq.) of this part.~~

[\"Minor new source review (minor NSR) program\" means a preconstruction
review and permit program (i) for new stationary sources or
modifications (physical changes or changes in the method of operation)
that do not qualify for review under the major new source review
program, (ii) established to implement the requirements of §§ 110
(a)(2)(C) and 112 of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.)
of this part.]{.underline}

\"Modification\" means any physical change in, change in the method of
operation of, or addition to, a stationary source that would result in a
net emissions increase of any regulated air pollutant emitted into the
atmosphere by the source or which results in the emission of any
regulated air pollutant into the atmosphere not previously emitted,
except that the following shall not, by themselves (unless previously
limited by permit conditions), be considered modifications under this
definition:

1\. Maintenance, repair and replacement which the board determines to be
routine for a source type and which does not fall within the definition
of ~~reconstruction~~ ["reconstruction"]{.underline};

2\. An increase in the production rate of a unit, if that increase does
not exceed the operating design capacity of that unit;

3\. An increase in the hours of operation;

4\. Use of an alternative fuel or raw material if, prior to the date any
provision of the regulations of the board becomes applicable to the
source type, the source was designed to accommodate that alternative
use. A source shall be considered to be designed to accommodate an
alternative fuel or raw material if provisions for that use were
included in the final construction specifications;

5\. Use of an alternative fuel or raw material if, prior to the date any
provision of the regulations of the board becomes applicable to the
source type, the source was not designed to accommodate that alternative
use and the owner demonstrates to the board that as a result of trial
burns at the source or other sources or of other sufficient data that
the emissions resulting from the use of the alternative fuel or raw
material supply are decreased;

6\. The addition, replacement or use of any system or device whose
primary function is the reduction of air pollutants, except when a
system or device that is necessary to comply with applicable air
pollution control laws and regulations is replaced by a system or device
which the board considers to be less efficient in the control of air
pollution emissions; or

7\. The removal of any system or device whose primary function is the
reduction of air pollutants if the system or device is not necessary for
the source to comply with any applicable air pollution control laws or
regulations.

\"Modified source\" means any stationary source (or portion of it), the
modification of which commenced on or after March 17, 1972.

\"Necessary preconstruction approvals or permits\" means those permits
or approvals required under federal air quality control laws and
regulations, and those air quality control laws and regulations which
are part of the implementation plan.

\"Net emissions increase\" means the amount by which the sum of the
following exceeds zero: (i) any increase in actual emissions from a
particular physical change or change in the method of operation at a
stationary source; and (ii) any other increases and decreases in actual
emissions at the source that are concurrent with the particular change
and are otherwise creditable. An increase or decrease in actual
emissions is concurrent with the increase from the particular change
only if it is directly resultant from the particular change. An increase
or decrease in actual emissions is not creditable if the board has
relied on it in issuing a permit for the source under the new source
review program and that permit is in effect when the increase in actual
emissions from the particular change occurs. Creditable increases and
decreases shall be federally enforceable or enforceable as a practical
matter.

\"New source\" means any stationary source (or portion of it), the
construction or relocation of which commenced on or after March 17,
1972; and any stationary source (or portion of it), the reconstruction
of which commenced on or after December 10, 1976.

~~\"New source review program\" means a program for the preconstruction
review and permitting of new stationary sources or expansions to
existing ones in accordance with regulations promulgated to implement
the requirements of §§ 110 (a)(2)(C), 112 (relating to permits for
hazardous air pollutants), 165 (relating to permits in prevention of
significant deterioration areas), and 173 (relating to permits in
nonattainment areas) of the federal Clean Air Act.~~

[\"New source review (NSR) program\" means a preconstruction review and
permit program (i) for new stationary sources or modifications (physical
changes or changes in the method of operation), (ii) established to
implement the requirements of §§ 110 (a)(2)(C), 112 (relating to permits
for hazardous air pollutants), 165 (relating to permits in prevention of
significant deterioration areas), and 173 (relating to permits in
nonattainment areas) of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.),
Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et seq.)
and Article 9 (9 VAC 5-80-2000 et seq.) of this part.]{.underline}

\"Nonroad engine\" means any internal combustion engine:

1\. In or on a piece of equipment that is self-propelled or serves a
dual purpose by both propelling itself and performing another function
(such as garden tractors, off-highway mobile cranes and bulldozers);

2\. In or on a piece of equipment that is intended to be propelled while
performing its function (such as lawnmowers and string trimmers); or

3\. That, by itself or in or on a piece of equipment, is portable or
transportable, meaning designed to be capable of being carried or moved
from one location to another. Indications of transportability include,
but are not limited to, wheels, skids, carrying handles, dollies,
trailers, or platforms.

An internal combustion engine is not a nonroad engine if:

1\. The engine is used to propel a motor vehicle or a vehicle used
solely for competition, or is subject to standards promulgated under §
202 of the federal Clean Air Act; or

2\. The engine otherwise included in subdivision 3 above remains or will
remain at a location for more than 12 consecutive months or a shorter
period of time for an engine located at a seasonal source.

For purposes of this definition, a location is any single site at a
building, structure, facility or installation. Any engine (or engines)
that replaces an engine at a location and that is intended to perform
the same or similar function as the engine replaced will be included in
calculating the consecutive time period. An engine located at a seasonal
source is an engine that remains at a seasonal source during the full
annual operating period of the seasonal source. A seasonal source is a
stationary source that remains in a single location on a permanent basis
(i.e., at least two years) and that operates at the single location
approximately three months (or more) each year. This subdivision does
not apply to an engine after the engine is removed from the location.

~~\"Pollution control project\" means physical or operational changes
whose primary function is the reduction of emissions of targeted
regulated air pollutants but which results in an increase in emissions
of non-targeted regulated air pollutants that qualify as a major
modification as defined in 9 VAC 5-80-1710 or 9 VAC 5-80-2010. The
fabrication, manufacture or production of pollution control/prevention
equipment and inherently less-polluting fuels or raw materials is not a
pollution control project. A pollution control project shall be so
designated by the board.~~

\"Portable,\" in reference to emissions units, means an emissions unit
that is designed to have the capability of being moved from one location
to another for the purpose of operating at multiple locations and
storage when idle. Indications of portability include, but are not
limited to, wheels, skids, carrying handles, dollies, trailers, or
platforms.

\"Potential to emit\" means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any
physical or operational limitation on the capacity of the source to emit
a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design only if the
limitation or its effect on emissions is state and federally
enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source.

\"Public comment period\" means a time during which the public shall
have the opportunity to comment on the new or modified source permit
application information (exclusive of confidential information), the
preliminary review and analysis of the effect of the source upon the
ambient air quality, and the preliminary decision of the board regarding
the permit application.

\"Reactivation\" means beginning operation of an emissions unit that has
been shut down.

\"Reconstruction\" means the replacement of an emissions unit or its
components to such an extent that:

1\. The fixed capital cost of the new components exceeds 50% of the
fixed capital cost that would be required to construct a comparable
entirely new unit;

2\. The replacement significantly extends the life of the emissions
unit; and

3\. It is technologically and economically feasible to meet the
applicable emission standards prescribed under regulations of the board.

Any determination by the board as to whether a proposed replacement
constitutes reconstruction shall be based on:

1\. The fixed capital cost of the replacements in comparison to the
fixed capital cost of the construction of a comparable entirely new
unit;

2\. The estimated life of the unit after the replacements compared to
the life of a comparable entirely new unit;

3\. The extent to which the components being replaced cause or
contribute to the emissions from the unit; and

4\. Any economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.

\"Regulated air pollutant\" means any of the following:

1\. Nitrogen oxides or any volatile organic compound;

2\. Any pollutant for which an ambient air quality standard has been
promulgated;

3\. Any pollutant subject to any standard promulgated under § 111 of the
federal Clean Air Act;

4\. Any pollutant subject to a standard promulgated under or other
requirements established under § 112 of the federal Clean Air Act
concerning hazardous air pollutants and any pollutant regulated under 40
CFR Part 63; or

5\. Any pollutant subject to a regulation adopted by the board.

\"Relocation\" means a change in physical location of a stationary
source or an emissions unit from one stationary source to another
stationary source.

\"Secondary emissions\" means emissions which occur or would occur as a
result of the construction, reconstruction, modification or operation of
a stationary source, but do not come from the stationary source itself.
For the purpose of this article, secondary emissions must be specific,
well-defined, and quantifiable; and must ~~impact upon~~
[affect]{.underline} the same general areas as the stationary source
which causes the secondary emissions. Secondary emissions include
emissions from any off site support facility which would not be
constructed or increase its emissions except as a result of the
construction or operation of the stationary source. Secondary emissions
do not include any emissions which come directly from a mobile source,
such as emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.

\"State enforceable\" means all limitations and conditions which are
enforceable as a practical matter, including any regulation of the
board, those requirements developed pursuant to 9 VAC 5-170-160,
requirements within any applicable order or variance, and any permit
requirements established pursuant to this chapter.

~~\"State operating permit program\" means a program for issuing
limitations and conditions for stationary sources in accordance with
Article 5 (9 VAC 5-80-800 et seq.) of this part, promulgated to meet
EPA\'s minimum criteria for federal enforceability, including adequate
notice and opportunity for EPA and public comment prior to issuance of
the final permit, and practicable enforceability.~~

[\"State operating permit program\" means an operating permit program
(i) for issuing limitations and conditions for stationary sources, (ii)
promulgated to meet the EPA\'s minimum criteria for federal
enforceability, including adequate notice and opportunity for the EPA
and public comment prior to issuance of the final permit, and
practicable enforceability, and (iii) codified in Article 5 (9 VAC
5-80-800 et seq.) of this part.]{.underline}

\"Stationary source\" means any building, structure, facility or
installation which emits or may emit any regulated air pollutant. A
stationary source shall include all of the pollutant-emitting activities
which belong to the same industrial grouping, are located on one or more
contiguous or adjacent properties, and are under the control of the same
person (or persons under common control) except the activities of any
watercraft or any nonroad engine. Pollutant-emitting activities shall be
considered as part of the same industrial grouping if they belong to the
same \"major group\" (i.e., which have the same two-digit code) as
described in the \"Standard Industrial Classification Manual,\" as
amended by the supplement (see 9 VAC 5-20-21).

\"Synthetic minor\" means a stationary source whose potential to emit is
constrained by state enforceable and federally enforceable limits, so as
to place that stationary source below the threshold at which it would be
subject to permit or other requirements governing major stationary
sources in regulations of the board or in the federal Clean Air Act.

~~\"Targeted regulated air pollutants\" means regulated air pollutants
that are reduced as a result of physical or operational changes whose
primary function is the reduction of emissions of regulated air
pollutants to meet an applicable federal requirement, exclusive of the
NSR program.~~

9 VAC 5-80-1310. ~~Pollution control projects.~~ [Repealed.]{.underline}

~~A. This section shall apply only to pollution control projects at
major stationary sources and shall be the administrative mechanism,
along with the other applicable provisions of this article, for issuing
pollution control project permits. This section shall not apply to air
pollution controls and emissions associated with a proposed new
stationary source or emissions unit.~~

~~B. The approval of a permit for a proposed project under this section
constitutes a determination by the board that the project is a pollution
control project and qualifies for an exclusion from review under Article
8 (9 VAC 5-80-1700 et seq.) or Article 9 (9 VAC 5-80-2000 et seq.) of
this part.~~

~~C. Notwithstanding the definitions for major modification and net
emissions increase, as defined in 9 VAC 5-80-1710 and 9 VAC 5-80-2010,
any physical or operational change consistent with the terms and
conditions of a pollution control project permit issued under this
section (i) shall not constitute a major modification for the pollutants
covered by the pollution control project and (ii) qualifies for the
exclusion in subsection B of this section.~~

~~D. No owner or other person shall begin construction of a proposed
project that may qualify as a pollution control project without a permit
issued pursuant to this section.~~

~~E. The provisions of this article shall apply to any pollution control
project, except that 9 VAC 5-50-260 shall not apply. This subsection
shall not be construed as preventing the board from prescribing any
control measure it finds necessary to make a determination under
subdivision H 4 of this section.~~

~~F. Approval of a pollution control project permit shall not provide
the owner the license to engage in any activity that (i) will cause
emissions from the stationary source which result in violations of or
exacerbate violations of, or interfere with the attainment and
maintenance of, any ambient air quality standard; or (ii) is not in
conformance with any applicable control strategy, including any emission
standards or emission limitations, in the implementation plan.~~

~~G. The owner of a stationary source may request the board to approve a
pollution control project permit for any one or more pollutants, by
submitting an application that meets the following criteria:~~

~~1. The application shall meet the requirements of 9 VAC 5-80-1140.~~

~~2. The application shall contain the information required by 9 VAC
5-80-1150.~~

~~3. Where a significant increase in emissions has not been previously
analyzed for its air quality impact and raises the possibility of (i) a
violation of an ambient air quality standard or prevention of
significant deterioration increment in 9 VAC 5-80-1730, or (ii)
adversely affecting visibility or other air quality related values, the
application shall include an air quality analysis sufficient to
demonstrate the impact of the project.~~

~~4. In the case of nonattainment areas, the application shall include
legally enforceable mechanisms to ensure offsetting emissions reductions
will be available for any significant increase in a nonattainment
pollutant from the pollution control project.~~

~~H. The board may approve a pollution control project for a stationary
source in accordance with subdivisions 1 through 6 of this subsection.~~

~~1. In considering this request, the board will afford the public an
opportunity to review and comment on the source\'s application for this
exclusion in accordance with 9 VAC 5-80-1170. The board will provide a
copy of the public notice required by 9 VAC 5-80-1170 F, the permit, and
any preliminary review and analysis documents to the regional
administrator, U.S. Environmental Protection Agency prior to
promulgation of the public notice required by 9 VAC 5-80-1170 F.~~

~~2. The board will determine that the proposed pollution control
project, after consideration of the reduction in the targeted regulated
air pollutant and any collateral effects, will be environmentally
beneficial. A project which would result in an unacceptable increased
risk due to the release of air toxics shall not be considered
environmentally beneficial. Unless there is reason to believe otherwise,
the board will presume that the projects by their nature will result in
reduced risk from air toxics. If a significant collateral increase of a
nonattainment pollutant resulting from a pollution control project is
not offset on at least a one-to-one ratio, the pollution control project
shall not qualify as environmentally beneficial. Pollution prevention
projects that increase utilization rate may not qualify as
environmentally beneficial. Therefore, the emissions rate after the
change would be the product of the new emissions rate times the existing
utilization rate. However, if the increased utilization results from
debottlenecking, these projects may qualify, but all the debottlenecked
emissions increases should be viewed as collateral and evaluated to
determine whether the project is still environmentally beneficial and
meets all applicable safeguards.~~

~~3. The board will determine that the proposed pollution control
project will not (i) cause or contribute to a violation of an ambient
air quality standard or prevention of significant deterioration
increment in 9 VAC 5-80-1730, or (ii) adversely affect visibility or
other air quality related values. The analysis for this determination
will include a case-by-case assessment of the pollution control
project\'s net emissions and overall impact on the environment and the
specific impact.~~

~~4. With regard to the increase in non-targeted regulated air
pollutants, the board will determine that the collateral increase will
be minimized and will not result in environmental harm.~~

~~5. The board will include in the permit terms and conditions to ensure
that adverse collateral environmental impacts from the project are
identified, minimized, and, where appropriate, mitigated.~~

~~6. The board will not approve as a pollution control project any
project that constitutes the replacement of an existing emissions unit
with a newer or different one (albeit more efficient and less polluting)
or the reconstruction of an existing emissions unit.~~

ARTICLE 8.

Permits for Major Stationary Sources and Major Modifications Locating

in Prevention of Significant Deterioration Areas.

(replaces 9 VAC 5-80-20)

9 VAC 5-80-~~1700~~ [1605]{.underline}. Applicability.

A. The provisions of this article apply to the construction of any
[new]{.underline} major stationary source or ~~major modification~~ [any
project at an existing major stationary source]{.underline}.

B. The provisions of this article apply in prevention of significant
deterioration areas designated in 9 VAC 5-20-205.

C. ~~Where a source is constructed or modified in contemporaneous
increments which individually are not subject to approval under this
article and which are not part of a program of construction or
modification in planned incremental phases approved by the board, all
such increments shall be added together for determining the
applicability of this article. An incremental change is contemporaneous
with the particular change only if it occurs between the date five years
before construction on the particular change commences and the date that
the increase from the particular change occurs.~~ [At such time that a
particular source or modification becomes a major stationary source or
major modification solely by virtue of a relaxation in any enforceable
limitation that was established after August 7, 1980 on the capacity of
the source or modification otherwise to emit a pollutant, such as a
restriction on hours of operation, then the requirements of this article
shall apply to the source or modification as though construction had not
yet commenced on the source or modification.]{.underline}

D. Unless specified otherwise, the provisions of this article ~~are
applicable to various sources~~ [apply]{.underline} as follows:

1\. Provisions referring to \"sources,\" \"new or modified sources\" or
\"stationary sources\" ~~are applicable~~ [apply]{.underline} to the
construction ~~[or modification]{.underline}~~ of all major stationary
sources and major modifications.

2\. Any emissions units [or pollutants]{.underline} not subject to the
provisions of this article may be subject to the provisions of ~~9 VAC
5-80-10~~ [Article 6 (9 VAC 5-80-1100 et seq.), Article 7 (9 VAC
5-80-1400 et seq.),]{.underline} or Article 9 (9 VAC 5-80-2000 et seq.)
of this part.

[3. Provisions referring to \"state and federally enforceable\" and
\"federally and state enforceable\" or similar wording shall mean
\"state-only enforceable\" for terms and conditions of a permit
designated state-only enforceable under 9 VAC 5-80-1625 G.]{.underline}

E. ~~For the purposes of this article, pollutants subject to regulation
under the federal Clean Air Act shall not include any pollutant listed
under § 112(b) of the federal Clean Air Act or any additions made to the
list made pursuant to regulations promulgated by the U.S. Environmental
Protection Agency.~~ ~~[For purposes of applying subsection F of this
section and other provisions of this article, the effective date of the
amendments adopted by the board on \[insert adoption date\] shall be the
date 30 days after the date on which a notice is published in the
Virginia Register acknowledging that the administrator has approved the
amendments adopted by the board on \[insert adoption
date\].]{.underline}~~

~~F.~~ Unless otherwise approved by the board or prescribed in these
regulations, when this article is amended, the previous provisions of
this article shall remain in effect for all applications that are deemed
complete under the provisions of ~~subsection A of 9 VAC 5-80-1870~~ [9
VAC 5-80-1775 A]{.underline} prior to t~~he effective date of the
amended article~~ \[[~~February 22~~ September 1\], 2006]{.underline}
Any permit applications that have not been determined to be complete as
of ~~the effective date of the amendments~~ \[[~~February 22~~ September
1\], 2006]{.underline} shall be subject to the new provisions.

[~~G~~ F. Regardless of the exemptions provided in this article, no
owner or other person shall circumvent the requirements of this section
by causing or allowing a pattern of ownership or development over a
geographic area of a source which, except for the pattern of ownership
or development, would otherwise require a permit.]{.underline}

[~~H~~ G. The requirements of this article will be applied in accordance
with the following principles:]{.underline}

[1. Except as otherwise provided in ~~subsections I and J~~ subsection H
of this subsection, and consistent with the definition of \"major
modification,\" a project is a major modification for a regulated NSR
pollutant if it causes two types of emissions increases: a significant
emissions increase, and a significant net emissions increase. The
project is not a major modification if it does not cause a significant
emissions increase. If the project causes a significant emissions
increase, then the project is a major modification only if it also
results in a significant net emissions increase.]{.underline}

[2. The procedure for calculating (before beginning actual construction)
whether a significant emissions increase (i.e., the first step of the
process) will occur depends upon the type of emissions units being
modified, according to subdivisions 3 ~~through 6~~ and 4 of this
subsection. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is in
the definition of \"net emissions increase.\" Regardless of any such
preconstruction projections, a major modification results if the project
causes a significant emissions increase and a significant net emissions
increase.]{.underline}

[3. The actual-to-projected-actual applicability test for projects that
only involve existing emissions units shall be conducted as provided in
this subdivision. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
projected actual emissions and the baseline actual emissions, for each
existing emissions unit, is significant for that pollutant.]{.underline}

[4. The actual-to-potential test for projects that only involve
construction of a new emissions unit shall be conducted as provided in
this subdivision. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
potential to emit from each new emissions unit following completion of
the project and the baseline actual emissions of these units before the
project is significant for that pollutant.]{.underline}

\[[5. ~~The emission test for projects that involve Clean Units shall be
conducted as provided in this subdivision. For a project that will be
constructed and operated at a Clean Unit without causing the emissions
unit to lose its Clean Unit designation, no emissions increase is deemed
to occur.~~]{.underline}

[~~6.~~ The hybrid test for projects that involve multiple types of
emissions units shall be conducted as provided in this subdivision. A
significant emissions increase of a regulated NSR pollutant is projected
to occur if the sum of the emissions increases for each emissions unit,
using the method specified in subdivisions 3 ~~through 5~~ and 4 of this
subdivision as applicable with respect to each emissions unit, for each
type of emissions unit is significant for that pollutant. For example,
if a project involves both an existing emissions unit and a ~~Clean
Unit~~ new unit, the projected increase is determined by summing the
values determined using the method specified in subdivision 3 of this
subsection for the existing unit and using the method specified in
subdivision ~~5~~ 4 of this subsection for the ~~Clean Unit~~ new
unit.\]]{.underline}

[~~I~~ H. For any major stationary source for a PAL for a regulated NSR
pollutant, the major stationary source shall comply with the
requirements under 9 VAC 5-80-1865.]{.underline}

~~[J . An owner undertaking a PCP shall comply with the requirements
under 9 VAC 5-80-1855.]{.underline}~~

[~~K~~ I. The provisions of 40 CFR Part 60, Part 61 and Part 63 cited in
this article apply only to the extent that they are incorporated by
reference in Article 5 (9 VAC 5-50-400 et seq.) of Part II of 9 VAC 5
Chapter 50 and Article 1 (9 VAC 5-60-60 et seq.) and Article 2 (9 VAC
5-60-90 et seq.) of Part II of 9 VAC 5 Chapter 60.]{.underline}

[~~L~~ J. The provisions of 40 CFR Part 51 and Part 58 cited in this
article apply only to the extent that they are incorporated by reference
in 9 VAC 5-20-21.]{.underline}

9 VAC 5-80-~~1710~~ [1615]{.underline}. Definitions.

A. As used in this article, all words or terms not defined herein shall
have the meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5-10), unless
otherwise required by context.

B. For the purpose of this article, 9 VAC 5-80-280 and ~~any related
use~~ [applying this article in the context of the Regulations for the
Control and Abatement of Air Pollution and related uses]{.underline},
the words or terms shall have the meaning given them in subsection C of
this section:

C. Terms defined.

\"Actual emissions\"

~~a.~~ means the actual rate of emissions of a [regulated
NSR]{.underline} pollutant from an emissions unit, as determined in
accordance with subdivisions ~~b~~ [a]{.underline} through ~~d~~
[c]{.underline} of this definition[, except that this definition shall
not apply for calculating whether a significant emissions increase has
occurred, or for establishing a PAL under 9 VAC 5-80-1865. Instead, the
definitions of \"projected actual emissions\" and \"baseline actual
emissions\" shall apply for those purposes]{.underline}.

~~b~~ [a]{.underline}. In general, actual emissions as of a particular
date shall equal the average rate, in tons per year, at which the unit
actually emitted the pollutant during a ~~two‑year~~ [consecutive
24-month]{.underline} period that precedes the particular date and that
is representative of normal source operation. The board ~~shall~~
[will]{.underline} allow the use of a different time period upon a
determination that it is more representative of normal source operation.
Actual emissions shall be calculated using the unit\'s actual operating
hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.

~~c~~ [b]{.underline}. The board may presume that source‑specific
allowable emissions for the unit are equivalent to the actual emissions
of the unit.

~~d~~ [c]{.underline}. For any emissions unit ~~which~~
[that]{.underline} has not begun normal operations on the particular
date, actual emissions shall equal the potential to emit of the unit on
that date.

[\"Actuals PAL for a major stationary source\" means a PAL based on the
baseline actual emissions of all emissions units at the source, that
emit or have the potential to emit the PAL pollutant.]{.underline}

\"Administrator\" means the administrator of the U.S. Environmental
Protection Agency (EPA) or an authorized representative.

\"Adverse impact on visibility\" means visibility impairment that
interferes with the management, protection, preservation or enjoyment of
the visitor\'s visual experience of the federal class I area. This
determination shall be made on a case‑by‑case basis taking into account
the geographic extent, intensity, duration, frequency and time of
visibility impairment, and how these factors correlate with (i) times of
visitor use of the federal class I areas, and (ii) the frequency and
timing of natural conditions that reduce visibility.

\"Allowable emissions\" means the emissions rate of a stationary source
calculated using the maximum rated capacity of the source (unless the
source is subject to federally and state enforceable limits that
restrict the operating rate, or hours of operation, or both) and the
most stringent of the following:

a\. The applicable standards as set forth in 40 CFR Parts 60
~~and~~[,]{.underline} 61[, and 63]{.underline};

b\. The applicable implementation plan emissions limitation including
those with a future compliance date; or

c\. The emissions ~~rate~~ [limit]{.underline} specified as a federally
~~or~~ [and]{.underline} state enforceable permit condition, including
those with a future compliance date.

[For the purposes of actuals PALs, \"allowable emissions\" shall also be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit\'s potential to
emit.]{.underline}

[\"Applicable federal requirement\" means all of, but not limited to,
the following as they apply to emissions units in a source subject to
this article (including requirements that have been promulgated or
approved by the administrator through rulemaking at the time of permit
issuance but have future-effective compliance dates):]{.underline}

[a. Any standard or other requirement provided for in an implementation
plan established pursuant to § 110 or § 111(d) of the federal Clean Air
Act, including any source-specific provisions such as consent agreements
or orders.]{.underline}

[b. Any limit or condition in any construction permit issued under the
new source review program or in any operating permit issued pursuant to
the state operating permit program.]{.underline}

[c. Any emission standard, alternative emission standard, alternative
emission limitation, equivalent emission limitation or other requirement
established pursuant to § 112 or § 129 of the federal Clean Air Act as
amended in 1990.]{.underline}

[d. Any new source performance standard or other requirement established
pursuant to § 111 of the federal Clean Air Act, and any emission
standard or other requirement established pursuant to  § 112 of the
federal Clean Air Act before it was amended in 1990.]{.underline}

[e. Any limitations and conditions or other requirement in a Virginia
regulation or program that has been approved by EPA under subpart E of
40 CFR Part 63 for the purposes of implementing and enforcing § 112 of
the federal Clean Air Act.]{.underline}

[f. Any requirement concerning accident prevention under § 112(r)(7) of
the federal Clean Air Act.]{.underline}

[g. Any compliance monitoring requirements established pursuant to
either § 504(b) or § 114(a)(3) of the federal Clean Air
Act.]{.underline}

[h. Any standard or other requirement for consumer and commercial
products under § 183(e) of the federal Clean Air Act.]{.underline}

[i. Any standard or other requirement for tank vessels under § 183(f) of
the federal Clean Air Act.]{.underline}

[j. Any standard or other requirement in 40 CFR Part 55 to control air
pollution from outer continental shelf sources.]{.underline}

[k. Any standard or other requirement of the regulations promulgated to
protect stratospheric ozone under Title VI of the federal Clean Air Act,
unless the administrator has determined that such requirements need not
be contained in a permit issued under this article.]{.underline}

[l. With regard to temporary sources subject to 9 VAC 5-80-130, (i) any
ambient air quality standard, except applicable state requirements, and
(ii) requirements regarding increments or visibility as provided in this
article.]{.underline}

[\"Baseline actual emissions\" means the rate of emissions, in tons per
year, of a regulated NSR pollutant, as determined in accordance with the
following:]{.underline}

[a. For any existing electric utility steam generating unit, baseline
actual emissions means the average rate, in tons per year, at which the
unit actually emitted the pollutant during any consecutive 24-month
period selected by the owner within the five-year period immediately
preceding when the owner begins actual construction of the project. The
board will allow the use of a different time period upon a determination
that it is more representative of normal source operation.]{.underline}

[(1) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.]{.underline}

[(2) The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.]{.underline}

[(3) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for the emissions units being
changed. The same consecutive 24-month period shall be used for each
different regulated NSR pollutant unless the owner can demonstrate to
the satisfaction of the board that a different consecutive 24-month
period for a different pollutant or pollutants is more appropriate due
to extenuating circumstances.]{.underline}

[(4) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by subdivision a (2) of this definition.]{.underline}

[b. For an existing emissions unit (other than an electric utility steam
generating unit), baseline actual emissions means the average rate, in
tons per year, at which the emissions unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner
within the five-year period immediately preceding either the date the
owner begins actual construction of the project, or the date a complete
permit application is received by the board for a permit required under
this article, whichever is earlier, except that the five-year period
shall not include any period earlier than November 15, 1990. The board
will allow the use of a different time period upon a determination that
it is more representative of normal source operation.]{.underline}

[(1) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.]{.underline}

[(2) The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.]{.underline}

[(3) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
major stationary source must currently comply, had such major stationary
source been required to comply with such limitations during the
consecutive 24-month period. However, if an emission limitation is part
of a maximum achievable control technology standard that the
administrator proposed or promulgated under 40 CFR Part 63, the baseline
actual emissions need only be adjusted if the board has taken credit for
such emissions reductions in an attainment demonstration or maintenance
plan consistent with the requirements of 9 VAC 5-80-2120 K.]{.underline}

[(4) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the emissions units
being changed. The same consecutive 24-month period shall be used for
each different regulated NSR pollutant unless the owner can demonstrate
to the satisfaction of the board that a different consecutive 24-month
period for a different pollutant or pollutants is more appropriate due
to extenuating circumstances.]{.underline}

[(5) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by subdivisions b (2) and (3) of this definition.]{.underline}

[c. For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial
construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit\'s potential to
emit.]{.underline}

[d. For a PAL for a stationary source, the baseline actual emissions
shall be calculated for existing electric utility steam generating units
in accordance with the procedures contained in subdivision a of this
definition, for other existing emissions units in accordance with the
procedures contained in subdivision b of this definition, and for a new
emissions unit in accordance with the procedures contained in
subdivision c of this subsection.]{.underline}

\"Baseline area\"

a\. Means any intrastate area (and every part thereof) designated as
attainment or unclassifiable under § 107(d)(1)(C) of the federal Clean
Air Act in which the major source or major modification establishing the
minor source baseline date would construct or would have an air quality
impact equal to or greater than 1 µg/m^3^ (annual average) of the
pollutant for which the minor source baseline date is established.

b\. Area redesignations under § 107(d)(3) of the federal Clean Air Act
cannot intersect or be smaller than the area of impact of any major
stationary source or major modification that:

\(1\) Establishes a minor source baseline date; or

\(2\) Is subject to this article or 40 CFR 52.21 and would be
constructed in the same state as the state proposing the redesignation.

c\. Any baseline area established originally for the TSP increments
shall remain in effect and shall apply for purposes of determining the
amount of available PM~10~ increments, except that such baseline area
shall not remain in effect if the board rescinds the corresponding minor
source baseline date in accordance with subdivision d of the definition
of \"baseline date.\"

\"Baseline concentration\"

a\. Means that ambient concentration level ~~which~~ [that]{.underline}
exists in the baseline area at the time of the applicable minor source
baseline date. A baseline concentration is determined for each pollutant
for which a minor source baseline date is established and shall include:

\(1\) The actual emissions representative of sources in existence on the
applicable minor source baseline date, except as provided in subdivision
b of this definition; [and]{.underline}

\(2\) The allowable emissions of major stationary sources ~~which~~
[that]{.underline} commenced construction before the major source
baseline date, but were not in operation by the applicable minor source
baseline date.

b\. The following will not be included in the baseline concentration and
will affect the applicable maximum allowable increase(s):

\(1\) Actual emissions from any major stationary source on which
construction commenced after the major source baseline date; and

\(2\) Actual emissions increases and decreases at any stationary source
occurring after the minor source baseline date.

\"Baseline date\"

a\. \"Major source baseline date\" means:

\(1\) In the case of particulate matter and sulfur dioxide, January 6,
1975, and

\(2\) In the case of nitrogen dioxide, February 8, 1988.

b\. \"Minor source baseline date\" means the earliest date after the
trigger date on which a major stationary source or a major modification
subject to this article submits a complete application under this
article. The trigger date is:

\(1\) In the case of particulate matter and sulfur dioxide, August 7,
1977, and

\(2\) In the case of nitrogen dioxide, February 8, 1988.

c\. The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:

\(1\) The area in which the proposed source or modification would
construct is designated as attainment or unclassifiable under §
107(d)(1)(C) of the federal Clean Air Act for the pollutant on the date
of its complete application under this article or 40 CFR 52.21; and

\(2\) In the case of a major stationary source, the pollutant would be
emitted in significant amounts, or, in the case of a major modification,
there would be a significant net emissions increase of the pollutant.

d\. Any minor source baseline date established originally for the TSP
increments shall remain in effect and shall apply for purposes of
determining the amount of available PM~10~ increments, except that the
board may rescind any such minor source baseline date where it can be
shown, to the satisfaction of the board, that the emissions increase
from the major stationary source, or the net emissions increase from the
major modification, responsible for triggering that date did not result
in a significant amount of PM~10~ emissions.

\"Begin actual construction\" means, in general, initiation of physical
on‑site construction activities on an emissions unit that are of a
permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying of underground
pipework, and construction of permanent storage structures. With respect
to a change in method of operation, this term refers to those on‑site
activities other than preparatory activities that mark the initiation of
the change.

\"Best available control technology\" means an emissions limitation
(including a visible emissions standard) based on the maximum degree of
reduction for each [regulated NSR]{.underline} pollutant ~~subject to
regulation under the federal Clean Air Act~~ that would be emitted from
any proposed major stationary source or major modification that the
board, on a case‑by‑case basis, taking into account energy,
environmental, and economic impacts and other costs, determines is
achievable for such source or modification through application of
production processes or available methods, systems, and techniques,
including fuel cleaning or treatment or innovative fuel combustion
techniques for control of such pollutant. In no event shall application
of best available control technology result in emissions of any
pollutant that would exceed the emissions allowed by any applicable
standard under 40 CFR Parts 60[, 61, and 63]{.underline} ~~and 61~~. If
the board determines that technological or economic limitations on the
application of measurement methodology to a particular emissions unit
would make the imposition of an emissions standard infeasible, a design,
equipment, work practice, operational standard, or combination thereof,
may be prescribed instead to satisfy the requirement for the application
of best available control technology. Such standard shall, to the degree
possible, set forth the emissions reduction achievable by implementation
of such design, equipment, work practice or operation, and shall provide
for compliance by means that achieve equivalent results.

\"Building, structure, facility or installation\" means all of the
pollutant‑emitting activities that belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant‑emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same \"Major Group\" (i.e., that have the same
first two‑digit code) as described in the Standard Industrial
Classification Manual (see 9 VAC 5-20-21).

[\"Clean coal technology\" means any technology, including technologies
applied at the precombustion, combustion, or post-combustion stage, at a
new or existing facility that will achieve significant reductions in air
emissions of sulfur dioxide or oxides of nitrogen associated with the
utilization of coal in the generation of electricity, or process steam
that was not in widespread use as of November 15, 1990.]{.underline}

[\"Clean coal technology demonstration project\" means a project using
funds appropriated under the heading \"Department of Energy-Clean Coal
Technology\", up to a total amount of \$2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for EPA. The federal contribution for a
qualifying project shall be at least 20% of the total cost of the
demonstration project.]{.underline}

~~[\"Clean unit\" means any emissions unit that has been issued a major
NSR permit that requires compliance with BACT or LAER, is complying with
such BACT/LAER requirements, and qualifies as a Clean Unit pursuant to 9
VAC 5-80-1835; or any emissions unit that has been designated by the
board as a Clean Unit, based on the criteria in 9 VAC 5-80-1845 C 1
through 4; or any emissions unit that has been designated by the
administrator as a Clean Unit in accordance with 40 CFR 52.21(y)(3)(i)
through (iv).]{.underline}~~

\"Commence\" as applied to construction of a major stationary source or
major modification, means that the owner has all necessary
preconstruction approvals or permits and either has:

a\. Begun, or caused to begin, a continuous program of actual on‑site
construction of the source, to be completed within a reasonable time; or

b\. Entered into binding agreements or contractual obligations, that
cannot be canceled or modified without substantial loss to the owner, to
undertake a program of actual construction of the source, to be
completed within a reasonable time.

\"Complete\" means, in reference to an application for a permit, that
the application contains all of the information necessary for processing
the application [and the provisions of § 10.1-1321.1 of the Virginia Air
Pollution Control Law have been met]{.underline}. Designating an
application complete for the purposes of permit processing does not
preclude the board from requesting or accepting any additional
information.

\"Construction\" means any physical change or change in the method of
operation (including fabrication, erection, installation, demolition, or
modification of an emissions unit) ~~which~~ [that]{.underline} would
result in a change in ~~actual~~ emissions.

[\"Continuous emissions monitoring system\" or \"CEMS\" means all of the
equipment that may be required to meet the data acquisition and
availability requirements of this article, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.]{.underline}

[\"Continuous emissions rate monitoring system\" or \"CERMS\" means the
total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of
time).]{.underline}

[\"Continuous parameter monitoring system\" or \"CPMS\" means all of the
equipment necessary to meet the data acquisition and availability
requirements of this article, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O~2~ or CO~2~ concentrations), and to record average operational
parameter value(s) on a continuous basis.]{.underline}

~~[\"Effective date of this revision\" means the effective date
determined in accordance with 9 VAC 5-80-1605 E.]{.underline}~~

[\"Electric utility steam generating unit\" means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.]{.underline}

\"Emissions unit\" means any part of a stationary source ~~which~~
[that]{.underline} emits or would have the potential to emit any
~~pollutant subject to regulation under the federal Clean Air Act~~
[regulated NSR pollutant and includes an electric utility steam
generating unit. For purposes of this definition, there are two types of
emissions units: (i) a new emissions unit is any emissions unit that is
(or will be) newly constructed and that has existed for less than two
years from the date such emissions unit first operated; and (ii) an
existing emissions unit is any emissions unit that is not a new
emissions unit]{.underline}.

[\"Enforceable as a practical matter\" means that the permit contains
emission limitations that are enforceable by the board or the department
and meet the following criteria:]{.underline}

[a. Are permanent;]{.underline}

[b. Contain a legal obligation for the owner to adhere to the terms and
conditions;]{.underline}

[c. Do not allow a relaxation of a requirement of the implementation
plan;]{.underline}

[d. Are technically accurate and quantifiable;]{.underline}

[e. Include averaging times or other provisions that allow at least
monthly (or a shorter period if necessary to be consistent with the
implementation plan) checks on compliance. This may include, but not be
limited to, the following: compliance with annual limits on a rolling
basis, monthly or shorter limits, and other provisions consistent with
this article and other regulations of the board; and]{.underline}

[f. Require a level of recordkeeping, reporting and monitoring
sufficient to demonstrate compliance.]{.underline}

\"Federal land manager\" means, with respect to any lands in the United
States, the secretary of the department with authority over such lands.

\"Federally enforceable\" means all limitations and conditions that are
enforceable by the administrator~~, including those requirements
developed pursuant to 40 CFR Parts 60 and 61, requirements within the
implementation plan, and any permit requirements established pursuant to
40 CFR 52.21 or this chapter, including operating permits issued under
an EPA-approved program that is incorporated into the implementation
plan and expressly requires adherence to any permit issued under such
program~~ [and citizens under the federal Clean Air Act or that are
enforceable under other statutes administered by the administrator.
Federally enforceable limitations and conditions include, but are not
limited to, the following:]{.underline}

[a. Emission standards, alternative emission standards, alternative
emission limitations, and equivalent emission limitations established
pursuant to § 112 of the federal Clean Air Act as amended in
1990.]{.underline}

[b. New source performance standards established pursuant to § 111 of
the federal Clean Air Act, and emission standards established pursuant
to § 112 of the federal Clean Air Act before it was amended in
1990.]{.underline}

[c. All terms and conditions (unless expressly designated as not
federally enforceable) in a federal operating permit, including any
provisions that limit a source\'s potential to emit.]{.underline}

[d. Limitations and conditions that are part of an implementation plan
established pursuant to § 110, § 111(d) or § 129 of the federal Clean
Air Act.]{.underline}

[e. Limitations and conditions (unless expressly designated as not
federally enforceable) that are part of a federal construction permit
issued under 40 CFR 52.21 or a new source review permit issued under
regulations approved by the EPA into the implementation
plan.]{.underline}

[f. Limitations and conditions (unless expressly designated as not
federally enforceable) that are part of a state operating permit where
the permit and the permit program pursuant to which it was issued meet
all of the following criteria:]{.underline}

[(1) The operating permit program has been approved by the EPA into the
implementation plan under §110 of the federal Clean Air
Act;]{.underline}

[(2) The operating permit program imposes a legal obligation that
operating permit holders adhere to the terms and limitations of such
permits and provides that permits that do not conform to the operating
permit program requirements and the requirements of EPA's underlying
regulations may be deemed not "federally enforceable" by
EPA;]{.underline}

[(3) The operating permit program requires that all emission
limitations, controls, and other requirements imposed by such permits
will be at least as stringent as any other applicable limitations and
requirements contained in the implementation plan or enforceable under
the implementation plan, and that the program may not issue permits that
waive, or make less stringent, any limitations or requirements contained
in or issued pursuant to the implementation plan, or that are otherwise
"federally enforceable";]{.underline}

[(4) The limitations, controls, and requirements in the permit in
question are permanent, quantifiable, and otherwise enforceable as a
practical matter; and]{.underline}

[(5) The permit in question was issued only after adequate and timely
notice and opportunity for comment by the EPA and the
public.]{.underline}

[g. Limitations and conditions in a regulation of the board or program
that has been approved by the EPA under subpart E of 40 CFR Part 63 for
the purposes of implementing and enforcing § 112 of the federal Clean
Air Act.]{.underline}

[h. Individual consent agreements that the EPA has legal authority to
create]{.underline}.

[\"Federal operating permit\" means a permit issued under the federal
operating permit program.]{.underline}

["Federal operating permit program" means an operating permit system (i)
for issuing terms and conditions for major stationary sources, (ii)
established to implement the requirements of Title V of the federal
Clean Air Act and associated regulations, and (iii) codified in Article
1 (9 VAC 5-80-50 et seq.), Article 2 (9 VAC 5-80-310 et seq.), Article 3
(9 VAC 5-80-360 et seq.), and Article 4 (9 VAC 5-80-710 et seq.) of this
part.]{.underline}

\"Fugitive emissions\" means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.

\"High terrain\" means any area having an elevation 900 feet or more
above the base of the stack of a source.

\"Indian governing body\" means the governing body of any tribe, band,
or group of Indians subject to the jurisdiction of the United States and
recognized by the United States as possessing power of self‑government.

\"Indian reservation\" means any federally recognized reservation
established by treaty, agreement, executive order, or act of Congress.

\"Innovative control technology\" means any system of air pollution
control that has not been adequately demonstrated in practice, but would
have substantial likelihood of achieving greater continuous emissions
reduction than any control system in current practice or of achieving at
least comparable reductions at lower cost in terms of energy, economics,
or nonair quality environmental impacts.

[\"Lowest achievable emission rate\" or \"LAER\" is as defined in 9 VAC
5-80-2010 C.]{.underline}

\"Locality particularly affected\" means any locality that bears any
identified disproportionate material air quality impact that would not
be experienced by other localities.

\"Low terrain\" means any area other than high terrain.

[\"Major emissions unit\" means (i) any emissions unit that emits or has
the potential to emit 100 tons per year or more of the PAL pollutant in
an attainment area; or (ii) any emissions unit that emits or has the
potential to emit the PAL pollutant for nonattainment areas in an amount
that is equal to or greater than the major source threshold for the PAL
pollutant in subdivision ~~a 1~~ a (1) of the definition of "major
stationary source~~.~~" in 9 VAC 5-80-2010 C.]{.underline}

\"Major modification\"

a\. Means any physical change in or change in the method of operation of
a major stationary source that would result in a significant ~~net~~
emissions increase of ~~any pollutant subject to regulation under the
federal Clean Air Act~~ [a regulated NSR pollutant, and a significant
net emissions increase of that pollutant from the major stationary
source]{.underline}.

b\. Any ~~net~~ [significant]{.underline} emissions increase [from any
emissions units or net emissions increase at a major stationary
source]{.underline} that is significant for volatile organic compounds
shall be considered significant for ozone.

c\. A physical change or change in the method of operation shall not
include [the following]{.underline}:

\(1\) Routine maintenance, repair and replacement~~;~~ [.]{.underline}

\(2\) [Use of an alternative fuel or raw material by reason of an order
under § 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plant pursuant to the Federal Power
Act.]{.underline}

[(3) Use of an alternative fuel by reason of any order or rule under §
125 of the federal Clean Air Act.]{.underline}

[(4) Use of an alternative fuel at a steam generating unit to the extent
that the fuel is generated from municipal solid waste.]{.underline}

[(5)]{.underline} Use of an alternative fuel or raw material by a
stationary source that:

\(a\) The source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally and state
enforceable permit condition that was established after January 6, 1975
pursuant to 40 CFR 52.21 or this chapter; or

\(b\) The source is approved to use under any permit issued under 40 CFR
52.21 or this chapter; [and]{.underline}

[(c) The owner demonstrates to the board that as a result of trial burns
at the source or other sources or other sufficient data that the
emissions resulting from the use of the alternative fuel or raw material
supply are decreased.]{.underline}

(~~3~~ [6]{.underline}) An increase in the hours of operation or in the
production rate, unless such change is prohibited under any federally
and state enforceable permit condition that was established after
January 6, 1975 pursuant to 40 CFR 52.21 or this chapter~~;~~
[.]{.underline}

[(7) Any change in ownership at a stationary source.]{.underline}

[(8) ~~The addition, replacement or use of a PCP at an existing
emissions unit meeting the requirements of 9 VAC 5-80-1855. A
replacement control technology must provide more effective emission
control than that of the replaced control technology to qualify for this
exclusion.~~]{.underline}

[~~(9)~~ The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:]{.underline}

[(a) The applicable implementation plan, and]{.underline}

[(b) Other requirements necessary to attain and maintain the ambient air
quality standards during the project and after it is
terminated.]{.underline}

[~~(10)~~(9) The installation or operation of a permanent clean coal
technology demonstration project that constitutes repowering, provided
that the project does not result in an increase in the potential to emit
of any regulated pollutant emitted by the unit. This exemption shall
apply on a pollutant-by-pollutant basis.]{.underline}

[~~(11)~~(10) The reactivation of a very clean coal-fired electric
utility steam generating unit.]{.underline}

[d. This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under 9 VAC 5-80-1865 for a PAL for that
pollutant. Instead, the definition of \"PAL major modification\" shall
apply.]{.underline}

["Major new source review (NSR) permit" means a permit issued under the
major new source review program.]{.underline}

[\"Major new source review (major NSR) program\" means a preconstruction
review and permit program (i) for new major stationary sources or major
modifications (physical changes or changes in the method of operation),
(ii) established to implement the requirements of §§ 112, 165 and 173 of
the federal Clean Air Act and associated regulations, and (iii) codified
in Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et
seq.) and Article 9 (9 VAC 5-80-2000 et seq.) of this part.]{.underline}

\"Major stationary source\"

a\. Means:

\(1\) Any of the following stationary sources of air pollutants that
emits, or has the potential to emit, 100 tons per year or more of ~~any
pollutant subject to regulation under the federal Clean Air Act~~ [a
regulated NSR pollutant]{.underline}:

\(a\) Fossil fuel‑fired steam electric plants of more than 250 million
British thermal units per hour heat input.

\(b\) Coal cleaning plants (with thermal dryers).

\(c\) Kraft pulp mills.

\(d\) Portland cement plants.

\(e\) Primary zinc smelters.

\(f\) Iron and steel mill plants.

\(g\) Primary aluminum ore reduction plants.

\(h\) Primary copper smelters.

\(i\) Municipal incinerators capable of charging more than 250 tons of
refuse per day.

\(j\) Hydrofluoric acid plants.

\(k\) Sulfuric acid plants.

\(l\) Nitric acid plants.

\(m\) Petroleum refineries.

\(n\) Lime plants.

\(o\) Phosphate rock processing plants.

\(p\) Coke oven batteries.

\(q\) Sulfur recovery plants.

\(r\) Carbon black plants (furnace process).

\(s\) Primary lead smelters.

\(t\) Fuel conversion plants.

\(u\) Sintering plants.

\(v\) Secondary metal production plants.

\(w\) Chemical process plants.

\(x\) Fossil fuel boilers (or combinations thereof) totaling more than
250 million British thermal units per hour heat input.

\(y\) Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels.

\(z\) Taconite ore processing plants.

(aa) Glass fiber processing plants.

(bb) Charcoal production plants.

\(2\) Notwithstanding the stationary source size specified in
subdivision a (1) of this definition, [any]{.underline} stationary
source that emits, or has the potential to emit, 250 tons per year or
more of ~~any air pollutant subject to regulation under the federal
Clean Air Act~~ [a regulated NSR pollutant]{.underline}; or

\(3\) Any physical change that would occur at a stationary source not
otherwise qualifying under subdivision a (1) or a (2) of this definition
as a major stationary source, if the change would constitute a major
stationary source by itself.

b\. A major stationary source that is major for volatile organic
compounds shall be considered major for ozone.

c\. The fugitive emissions of a stationary source shall not be included
in determining for any of the purposes of this article whether it is a
major stationary source, unless the source belongs to one of the
following categories of stationary sources:

\(1\) Coal cleaning plants (with thermal dryers).

\(2\) Kraft pulp mills.

\(3\) Portland cement plants.

\(4\) Primary zinc smelters.

\(5\) Iron and steel mills.

\(6\) Primary aluminum ore reduction plants.

\(7\) Primary copper smelters.

\(8\) Municipal incinerators capable of charging more than 250 tons of
refuse per day.

\(9\) Hydrofluoric, sulfuric, or nitric acid plants.

\(10\) Petroleum refineries.

\(11\) Lime plants.

\(12\) Phosphate rock processing plants.

\(13\) Coke oven batteries.

\(14\) Sulfur recovery plants.

\(15\) Carbon black plants (furnace process).

\(16\) Primary lead smelters.

\(17\) Fuel conversion plants.

\(18\) Sintering plants.

\(19\) Secondary metal production plants.

\(20\) Chemical process plants.

\(21\) Fossil‑fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input.

\(22\) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels.

\(23\) Taconite ore processing plants.

\(24\) Glass fiber processing plants.

\(25\) Charcoal production plants.

\(26\) Fossil fuel‑fired steam electric plants of more ~~that~~
[than]{.underline} 250 million British thermal units per hour heat
input.

\(27\) Any other stationary source category that, as of August 7, 1980,
is being regulated under ~~§ 111 or 112 of the federal Clean Air Act~~
[40 CFR Parts 60 and 61]{.underline}.

["Minor new source review (NSR) permit" means a permit issued under the
minor new source review program.]{.underline}

[\"Minor new source review (minor NSR) program\" means a preconstruction
review and permit program (i) for new stationary sources or
modifications (physical changes or changes in the method of operation)
which do not qualify for review under the major new source review
program, (ii) established to implement the requirements of §§ 110
(a)(2)(C) and 112 of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.)
of this part.]{.underline}

\"Necessary preconstruction approvals or permits\" means those permits
~~or approvals~~ required under ~~federal air quality control laws and
regulations, and those air quality control laws and regulations~~ [NSR
programs]{.underline} that are part of the applicable implementation
plan.

\"Net emissions increase\"

a\. Means[, with respect to any regulated NSR pollutant emitted by a
major stationary source,]{.underline} the amount by which the sum of the
following exceeds zero:

\(1\) ~~Any~~ [The]{.underline} increase in ~~actual~~ emissions from a
particular physical change or change in the method of operation at a
stationary source [as calculated pursuant to 9 VAC 5-80-1605 ~~H~~
G]{.underline}; and

\(2\) Any other increases and decreases in actual emissions at the
[major stationary]{.underline} source that are contemporaneous with the
particular change and are otherwise creditable. [Baseline actual
emissions for calculating increases and decreases under this subdivision
shall be determined as provided in the definition of \"baseline actual
emissions,\" except that subdivisions a (3) and b (4) of that definition
shall not apply.]{.underline}

b\. An increase or decrease in actual emissions is contemporaneous with
the increase from the particular change only if it occurs between:

\(1\) The date five years before construction on the particular change
commences; and

\(2\) The date that the increase from the particular change occurs.

c\. An increase or decrease in actual emissions is creditable only if
[(i) it occurs between the date five years before construction on the
particular change commences and the date that the increase from the
particular change occurs, and (ii)]{.underline} the board has not relied
on it in issuing a permit for the source under this \[article
~~[chapter]{.underline}~~\] (or the administrator under 40 CFR 52.21),
which permit is in effect when the increase in actual emissions from the
particular change occurs~~[; and (iii) the increase or decrease in
emissions did not occur at a Clean Unit except as provided in 9 VAC
5-80-1835 H and 9 VAC 5-80-1845 J]{.underline}~~.

d\. An increase or decrease in actual emissions of sulfur dioxide,
particulate matter, or nitrogen oxides ~~which~~ [that]{.underline}
occurs before the applicable minor source baseline date is creditable
only if it is required to be considered in calculating the amount of
maximum allowable increases remaining available. ~~With respect to
particulate matter, only PM~10~ emissions can be used to evaluate the
net emissions increase for PM~10~~~.

e\. An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.

f\. A decrease in actual emissions is creditable only to the extent
that:

\(1\) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;

\(2\) It is f~~ederally and state~~ enforceable [as a practical
matter]{.underline} at and after the time that actual construction on
the particular change begins; and

\(3\) It has approximately the same qualitative significance for public
health and welfare as that attributed to the increase from the
particular change~~[; and]{.underline}~~

~~[(4) The decrease in actual emissions did not result from the
installation of add-on control technology or application of pollution
prevention practices that were relied on in designating an emissions
unit as a Clean Unit under 40 CFR 52.21(y), 9 VAC 5-80-1845 or 9 VAC
5-80-2142. That is, once an emissions unit has been designated as a
Clean Unit, the owner cannot later use the emissions reduction from the
air pollution control measures that the Clean Unit designation is based
on in calculating the net emissions increase for another emissions unit
(i.e., must not use that reduction in a \"netting analysis\" for another
emissions unit). However, any new emission reductions that were not
relied upon in a PCP excluded pursuant to 9 VAC 5-80-1855 or for a Clean
Unit designation are creditable to the extent they meet the requirements
in 9 VAC 5-80-1855 F 4 for the PCP and 9 VAC 5-80-1835 H or 9 VAC
5-80-1845 J for a Clean Unit]{.underline}~~.

g\. An increase that results from a physical change at a source occurs
when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational only after a reasonable
shakedown period, not to exceed 180 days.

[h. Subdivision a of the definition of \"actual emissions\" shall not
apply for determining creditable increases and decreases.]{.underline}

["New source review (NSR) permit" means a permit issued under the new
source review program.]{.underline}

[\"New source review (NSR) program\" means a preconstruction review and
permit program (i) for new stationary sources or modifications (physical
changes or changes in the method of operation), (ii) established to
implement the requirements of §§ 110 (a)(2)(C), 112 (relating to permits
for hazardous air pollutants), 165 (relating to permits in prevention of
significant deterioration areas), and 173 (relating to permits in
nonattainment areas) of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.),
Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et seq.)
and Article 9 (9 VAC 5-80-2000 et seq.) of this part.]{.underline}

[\"Plantwide applicability limitation (PAL)\" means an emission
limitation expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and
established sourcewide in accordance with 9 VAC 5-80-1865.]{.underline}

[\"PAL effective date\" generally means the date of issuance of the PAL
permit. However, the PAL effective date for an increased PAL is the date
any emissions unit that is part of the PAL major modification becomes
operational and begins to emit the PAL pollutant.]{.underline}

[\"PAL effective period\" means the period beginning with the PAL
effective date and ending five years later.]{.underline}

[\"PAL major modification\" means, notwithstanding the definitions for
major modification and net emissions increase, any physical change in or
change in the method of operation of the PAL source that causes it to
emit the PAL pollutant at a level equal to or greater than the
PAL.]{.underline}

[\"PAL permit\" means the major NSR permit, the minor NSR permit, the
state operating permit, or the federal operating permit issued by the
board that establishes a PAL for a major stationary source.]{.underline}

[\"PAL pollutant\" means the pollutant for which a PAL is established at
a major stationary source.]{.underline}

~~["Pollution control project" or "PCP" means any activity, set of work
practices or project (including pollution prevention) undertaken at an
existing emissions unit that reduces emissions of air pollutants from
such unit. Such qualifying activities can include the replacement or
upgrade of an existing emissions control technology with a more
effective unit. Other changes that may occur at the source are not
considered part of the PCP if they are not necessary to reduce emissions
through the PCP. The following projects are presumed to be
environmentally beneficial pursuant to 9 VAC 5-80-1855 B 1. Projects not
listed in this definition may qualify for a case-specific PCP exclusion
pursuant to the requirements of 9 VAC 5-80-1855 B and E.]{.underline}~~

~~[a. Conventional or advanced flue gas desulfurization or sorbent
injection for control of SO~2~.]{.underline}~~

~~[b. Electrostatic precipitators, baghouses, high efficiency
multiclones, or scrubbers for control of particulate matter or other
pollutants.]{.underline}~~

~~[c. Flue gas recirculation, low-NO~X~ burners or combustors, selective
noncatalytic reduction, selective catalytic reduction, low emission
combustion (for IC engines), and oxidation/absorption catalyst for
control of NO~X~.]{.underline}~~

~~[d. Regenerative thermal oxidizers, catalytic oxidizers, condensers,
thermal incinerators, hydrocarbon combustion flares, biofiltration,
absorbers and adsorbers, and floating roofs for storage vessels for
control of volatile organic compounds or hazardous air pollutants. For
the purpose of this article, "hydrocarbon combustion flare" means either
a flare used to comply with an applicable NSPS or MACT (including uses
of flares during startup, shutdown, or malfunction permitted under such
a standard), or a flare that serves to control emissions of waste
streams comprised predominately of hydrocarbons and containing no more
than 230 mg/dscm hydrogen sulfide.]{.underline}~~

~~[e. Activities or projects undertaken to accommodate switching (or
partially switching) to an inherently less polluting fuel, to be limited
to the following fuel switches:]{.underline}~~

~~[(1) Switching from a heavier grade of fuel oil to a lighter fuel oil,
or any grade of oil to 0.05 percent sulfur diesel (i.e., from a higher
sulfur content #2 fuel or from #6 fuel, to CA 0.05 percent sulfur #2
diesel);]{.underline}~~

~~[(2) Switching from coal, oil, or any solid fuel to natural gas,
propane, or gasified coal;]{.underline}~~

~~[(3) Switching from coal to wood, excluding construction or demolition
waste, chemical or pesticide treated wood, and other forms of "unclean"
wood;]{.underline}~~

~~[(4) Switching from coal to #2 fuel oil (0.5 percent maximum sulfur
content); and]{.underline}~~

~~[(5) Switching from high sulfur coal to low sulfur coal (maximum 1.2
percent sulfur content).]{.underline}~~

~~[f. Activities or projects undertaken to accommodate switching from
the use of one ozone depleting substance (ODS) to the use of a substance
with a lower or zero ozone depletion potential (ODP), including changes
to equipment needed to accommodate the activity or project, that meet
the following requirements:]{.underline}~~

~~[(1) The productive capacity of the equipment is not increased as a
result of the activity or project.]{.underline}~~

~~[(2) The projected usage of the new substance is lower, on an
ODP-weighted basis, than the baseline usage of the replaced ODS. To make
this determination, the following procedures shall be
conducted:]{.underline}~~

~~[(a) Determine the ODP of the substances by consulting 40 CFR Part 82,
Subpart A, Appendices A and B.]{.underline}~~

~~[(b) Calculate the replaced ODP-weighted amount by multiplying the
baseline actual usage (using the annualized average of any 24
consecutive months of usage within the past 10 years) by the ODP of the
replaced ODS.]{.underline}~~

~~[(c) Calculate the projected ODP-weighted amount by multiplying the
projected annual usage of the new substance by its ODP.]{.underline}~~

~~[(d) If the value calculated in subdivision (b) is more than the value
calculated in subdivision (c), then the projected use of the new
substance is lower, on an ODP-weighted basis, than the baseline usage of
the replaced ODS.]{.underline}~~

~~[\"Pollution prevention\" means any activity that through process
changes, product reformulation or redesign, or substitution of less
polluting raw materials, eliminates or reduces the release of air
pollutants (including fugitive emissions) and other pollutants to the
environment prior to recycling, treatment, or disposal; it does not mean
recycling (other than certain \"in-process recycling\" practices),
energy recovery, treatment, or disposal.]{.underline}~~

\"Potential to emit\" means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any
physical or operational limitation on the capacity of the source to emit
a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally and
state enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source. [For the purposes of actuals
PALs, any physical or operational limitation on the capacity of the
source to emit a pollutant, including air pollution control equipment,
and restrictions on hours of operation or on the type or amount of
material combusted, stored, or processed, shall be treated as part of
its design only if the limitation or the effect it would have on
emissions is federally ~~and state~~ enforceable or enforceable as a
practical matter by the state.]{.underline}

[\"Predictive emissions monitoring system\" or \"PEMS\" means all of the
equipment necessary to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate, O~2~ or
CO~2~ concentrations), and calculate and record the mass emissions rate
(for example, pounds per hour) on a continuous basis.]{.underline}

[\"Project\" means a physical change in, or change in the method of
operation of, an existing major stationary source.]{.underline}

[\"Projected actual emissions\" means the maximum annual rate, in tons
per year, at which an existing emissions unit is projected to emit a
regulated NSR pollutant in any one of the five years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit\'s design capacity or its
potential to emit that regulated NSR pollutant and full utilization of
the unit would result in a significant emissions increase or a
significant net emissions increase at the major stationary source. In
determining the projected actual emissions (before beginning actual
construction), the owner of the major stationary source:]{.underline}

[a. Shall consider all relevant information, including but not limited
to, historical operational data, the company\'s own representations, the
company\'s expected business activity and the company\'s highest
projections of business activity, the company\'s filings with the state
or federal regulatory authorities, and compliance plans under the
approved implementation plan; and]{.underline}

[b. Shall include fugitive emissions to the extent quantifiable and
emissions associated with startups, shutdowns, and malfunctions;
\[and]{.underline}

[c. Shall exclude, in calculating any increase in emissions that results
from the particular project, that portion of the unit\'s emissions
following the project that an existing unit could have ~~accommodated~~
emitted during the consecutive 24-month period used to establish the
baseline actual emissions and that are also unrelated to the particular
project, including any increased utilization due to product demand
growth, provided such exclusion shall not reduce any calculated
increases in emissions that are caused by, result from, or are related
to the particular project;\] or]{.underline}

\[[d ~~c~~\]. In lieu of using the method set out in subdivisions a
\[through c ~~and b~~\] of this definition, may elect to use the
emissions unit\'s potential to emit, in tons per year.]{.underline}

[\"Reactivation of a very clean coal-fired electric utility steam
generating unit\" means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where
the unit:]{.underline}

[a. Has not been in operation for the two-year period prior to the
enactment of the federal Clean Air Act Amendments of 1990, and the
emissions from such unit continue to be carried in the department\'s
emissions inventory at the time of enactment;]{.underline}

[b. Was equipped prior to shut-down with a continuous system of
emissions control that achieves a removal efficiency for sulfur dioxide
of no less than 85% and a removal efficiency for particulates of no less
than 98%;]{.underline}

[c. Is equipped with low-NO~X~ burners prior to the time of commencement
of operations following reactivation; and]{.underline}

[d. Is otherwise in compliance with the requirements of the federal
Clean Air Act.]{.underline}

[\"Reasonably available control technology\" or \"RACT\" means the
lowest emission limit that a particular source is capable of meeting by
the application of control technology that is reasonably available,
considering technological and economic feasibility.]{.underline}

[\"Regulated NSR pollutant\" means:]{.underline}

[a. Any pollutant for which an ambient air quality standard has been
promulgated and any constituents or precursors for such pollutants
identified by the administrator (e.g., volatile organic compounds are
precursors for ozone);]{.underline}

[b. Any pollutant that is subject to any standard promulgated under §
111 of the federal Clean Air Act]{.underline};

[c. Any class I or II substance subject to a standard promulgated under
or established by Title VI of the federal Clean Air Act; or]{.underline}

[d. Any pollutant that otherwise is subject to regulation under the
federal Clean Air Act; except that any or all hazardous air pollutants
either listed in § 112 of the federal Clean Air Act or added to the list
pursuant to § 112(b)(2), which have not been delisted pursuant to §
112(b)(3), are not regulated NSR pollutants unless the listed hazardous
air pollutant is also regulated as a constituent or precursor of a
general pollutant listed under § 108 of the federal Clean Air
Act.]{.underline}

[\"Repowering\" means:]{.underline}

[a. Replacement of an existing coal-fired boiler with one of
the]{.underline}

[following clean coal technologies: atmospheric or pressurized fluidized
bed combustion, integrated gasification combined cycle,
magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of
technology in widespread commercial use as of November 15,
1990.]{.underline}

[b. Repowering shall also include any oil and/or gas-fired unit which
has been awarded clean coal technology demonstration funding as of
January 1, 1991, by the Department of Energy.]{.underline}

[c. The board may give expedited consideration to permit applications
for any source that satisfies the requirements of this definition and is
granted an extension under § 409 of the federal Clean Air
Act.]{.underline}

\"Secondary emissions\" means emissions that would occur as a result of
the construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. For the purpose of this article, secondary
emissions shall be specific, well defined, quantifiable, and ~~impact~~
[affect]{.underline} the same general area as the stationary source or
modification that causes the secondary emissions. Secondary emissions
include emissions from any offsite support facility that would not be
constructed or increase its emissions except as a result of the
construction or operation of the major stationary source or major
modification. Secondary emissions do not include any emissions that come
directly from a mobile source, such as emissions from the tailpipe of a
motor vehicle, from a train, or from a vessel.

\"Significant\" means:

a\. In reference to a net emissions increase or the potential of a
source to emit any of the following pollutants, a rate of emissions that
would equal or exceed any of the following rates:

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (TSP) 25 tpy

PM~10~ 15 tpy

[PM~2.5~]{.underline} [10 tpy]{.underline}

Ozone 40 tpy of volatile organic compounds

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 7 tpy

Hydrogen Sulfide (H~2~S) 10 tpy

Total Reduced Sulfur

(including H~2~S) 10 tpy

Reduced Sulfur Compounds

(including H~2~S) 10 tpy

Municipal waste combustor organics

(measured as total tetra-through

octa-chlorinated dibenzo-p-dioxins

and dibenzofurans) 3.5 x 10^-6^ tpy

Municipal waste combustor metals

(measured as particulate matter) 15 tpy

Municipal waste combustor acid gases

(measured as the sum of SO~2~ and HCl) 40 tpy

[Municipal solid waste landfills emissions 50 tpy]{.underline}

[(measured as nonmethane organic compounds)]{.underline}

b\. In reference to a net emissions increase or the potential of a
source to emit a ~~pollutant subject to regulation under the federal
Clean Air Act~~ [regulated NSR pollutant]{.underline} that subdivision a
of this definition does not list, any emissions rate.

c\. Notwithstanding subdivision a of this definition, means any
emissions rate or any net emissions increase associated with a major
stationary source or major modification, that would construct within 10
kilometers of a class I area, and have an impact on such area equal to
or greater than 1 µg/m^3^ (24-hour average).

\"[Significant emissions increase\" means, for a regulated NSR
pollutant, an increase in emissions that is significant for that
pollutant.]{.underline}

[\"Significant emissions unit\" means an emissions unit that emits or
has the potential to emit a PAL pollutant in an amount that is
significant for that PAL pollutant, but less than the amount that would
qualify the unit as a major emissions unit.]{.underline}

[\"Small emissions unit\" means an emissions unit that emits or has the
potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant.]{.underline}

[\"State enforceable\" means all limitations and conditions that are
enforceable as a practical matter, including any regulation of the
board, those requirements developed pursuant to 9 VAC 5‑170‑160,
requirements within any applicable order or variance, and any permit
requirements established pursuant to this chapter.]{.underline}

["State operating permit" means a permit issued under the state
operating permit program.]{.underline}

[\"State operating permit program\" means an operating permit program
(i) for issuing limitations and conditions for stationary sources, (ii)
promulgated to meet the EPA\'s minimum criteria for federal
enforceability, including adequate notice and opportunity for the EPA
and public comment prior to issuance of the final permit, and
practicable enforceability, and (iii) codified in Article 5 (9 VAC
5-80-800 et seq.) of this part.]{.underline}

\"Stationary source\" means any building, structure, facility, or
installation that emits or may emit ~~any air pollutant subject to
regulation under the federal Clean Air Act~~ [a regulated NSR
pollutant]{.underline}.

[\"Temporary clean coal technology demonstration project\" means a clean
coal technology demonstration project that is operated for a period of
five years or less, and that complies with the applicable implementation
plan and other requirements necessary to attain and maintain the ambient
air quality standards during the project and after it is
terminated.]{.underline}

9 VAC 5-80-~~1720~~ [1625]{.underline}. General.

A. No owner or other person shall begin actual construction of any
[new]{.underline} major stationary source or major modification without
first obtaining from the board a permit to construct and operate such
source. [The permit will state that the major stationary source or major
modification shall meet all the applicable requirements of this
article.]{.underline}

[B. The requirements of this article apply to the construction of any
new major stationary source or the major modification of any existing
major stationary source, except as this article otherwise
provides.]{.underline}

~~B~~ [C]{.underline}. No owner or other person shall relocate any
emissions unit ~~subject to the provisions of 9 VAC 5-20-160~~ [from one
stationary source to another]{.underline} without first obtaining a
permit from the board to relocate the unit.

~~C~~ [D]{.underline}. Prior to the decision of the board, all permit
applications will be subject to a public comment period, a public
hearing will be held as provided in ~~9 VAC 5-80-1870~~ [9 VAC
5-80-1775]{.underline}.

~~D~~ [E]{.underline}. ~~The~~ [If the board and the owner make a mutual
determination that it facilitates the efficient processing and issuing
of permits for projects that are to be constructed concurrently,
the]{.underline} board may combine the requirements of and the permits
for emissions units within a stationary source subject to ~~9 VAC
5-80-10, Article 9 (9 VAC 5‑80‑2000 et seq.) of this part, and this
article~~ [the major new source review program]{.underline} into one
permit. Likewise the board may require that applications for permits for
emissions units within a stationary source required by ~~9 VAC 5-80-10,
Article 9 (9 VAC 5‑80‑2000 et seq.) of this part, and this article~~
[any provision of the major new source review program]{.underline} be
combined into one application.

[F. The board may not incorporate the terms and conditions of a state
operating permit, a minor new source review permit, or a PAL permit into
a permit issued pursuant to this article. ~~The permit issued pursuant
to this article may supersede the state operating permit provided the
public participation provisions of the state operating permit program
are followed.~~]{.underline}

[G. All terms and conditions of any permit issued under this article
shall be federally enforceable except those that are designated
state-only enforceable under subdivision 1 of this subsection. Any term
or condition that is not federally enforceable shall be designated as
state-only enforceable as provided in subdivision 2 of this
subsection.]{.underline}

[1. A term or condition of any permit issued under this article shall
not be federally enforceable if it is derived from or is designed to
implement Article 2 (9 VAC 5-40-130 et seq.) of 9 VAC 5 Chapter 40,
Article 2 (9 VAC 5-50-130 et seq.) of 9 VAC 5 Chapter 50, Article 4 (9
VAC 5-60-200 et seq.) of 9 VAC 5 Chapter 60, or Article 5 (9 VAC
5-60-300) of 9 VAC 5 Chapter 60.]{.underline}

[2. Any term or condition of any permit issued under this article that
is not federally enforceable shall be marked in the permit as state-only
enforceable and shall only be enforceable by the board. Incorrectly
designating a term or condition as state-only enforceable shall not
provide a shield from federal enforcement of a term or condition that is
legally federally enforceable.]{.underline}

[H. Nothing in the regulations of the board shall be construed to
prevent the board from granting permits for programs of construction or
modification in planned incremental phases. In such cases, all net
emissions increases from all emissions units covered by the program
shall be added together for determining the applicability of this
article.]{.underline}

9 VAC 5-80-~~1730~~ [1635]{.underline}. Ambient air increments.

In areas designated as class I, II or III, increases in pollutant
concentration over the baseline concentration shall be limited to the
following:

MAXIMUM ALLOWABLE INCREASE

(micrograms per cubic meter)

Class I

Particulate matter:

PM~10~, annual arithmetic mean 4

PM~10~, 24 hour maximum 8

Sulfur dioxide:

Annual arithmetic mean 2

24 hour maximum 5

Three-hour maximum 25

Nitrogen dioxide:

Annual arithmetic mean 2.5

Class II

Particulate matter:

PM~10~, annual arithmetic mean 17

PM~10~, 24 hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24 hour maximum 91

Three-hour maximum 512

Nitrogen dioxide:

Annual arithmetic mean 25

Class III

Particulate matter:

PM~10~, annual geometric mean 34

PM~10~, 24 hour maximum 60

Sulfur dioxide:

Annual arithmetic mean 40

24 hour maximum 182

Three-hour maximum 700

Nitrogen dioxide:

Annual arithmetic mean 50

For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.

9 VAC 5-80-~~1740~~ [1645]{.underline}. Ambient air ceilings.

No concentration of a pollutant shall exceed:

A. The concentration permitted under the ~~national~~ secondary ambient
air quality standard, or

B. The concentration permitted under the ~~national~~ primary ambient
air quality standard, whichever concentration is lowest for the
pollutant for a period of exposure.

9 VAC 5-80-~~1750~~ [1655]{.underline}. Applications.

A. A single application is required identifying at a minimum each
~~emissions point within the~~ emissions unit subject to [the provisions
of]{.underline} this article. The application shall be submitted
according to procedures ~~approved by~~ [acceptable to]{.underline} the
board. However, where several emissions units are included in one
project, a single application covering all units in the project may be
submitted. A separate application is required for each location.

B. For projects with phased development, a single application may be
submitted covering the entire project.

C. Any application form, report, or ~~compliance~~ certification
submitted to the board shall ~~be signed by a responsible official~~
[comply with the provisions of 9 VAC 5-20-230]{.underline}. ~~A
responsible official is defined as follows:~~

~~1. For a business entity, such as a corporation, association or
cooperative, a responsible official is either:~~

~~a. The president, secretary, treasurer, or a vice-president of the
business entity in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the
business entity; or~~

~~b. A duly authorized representative of such business entity if the
representative is responsible for the overall operation of one or more
manufacturing, production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ more than 250
persons or have gross annual sales or expenditures exceeding \$25
million (in second quarter 1980 dollars), or (ii) the authority to sign
documents has been assigned or delegated to such representative in
accordance with procedures of the business entity.~~

~~2. For a partnership or sole proprietorship, a responsible official is
a general partner or the proprietor, respectively.~~

~~3. For a municipality, state, federal, or other public agency, a
responsible official is either a principal executive officer or ranking
elected official. A principal executive officer of a federal agency
includes the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.~~

~~D. Any person signing a document under subsection C of this section
shall make the following certification:~~

~~\"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering and evaluating the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment for knowing violations.\"~~

~~E. Subsection D of this section shall be interpreted to mean that the
signer shall have some form of direction or supervision over the persons
gathering the data and preparing the document (the preparers), although
the signer need not personally nor directly supervise these activities.
The signer need not be in the same line of authority as the preparers,
nor do the persons gathering the data and preparing the form need to be
employees (e.g., outside contractors can be used). It is sufficient that
the signer has authority to assure that the necessary actions are taken
to prepare a complete and accurate document.~~

~~F. Unless waived under § 10.1-1321.1 of the Virginia Air Pollution
Control Law, applications shall not be deemed complete unless the
applicant has provided a notice from the locality in which the source is
located or is to be located that the site and operation of the source
are consistent with all local ordinances adopted pursuant to Chapter 11
(§ 15.1-427 et seq.) of Title 15.1 of the Code of Virginia.~~

9 VAC 5-80-~~1760~~ [1665]{.underline}. Compliance with local zoning
requirements.

~~The owner shall~~ [No provision of this part or any permit issued
thereunder shall relieve an owner of the responsibility to]{.underline}
comply in all respects with any existing zoning ordinances and
regulations in the locality in which the source is located or proposes
to be located; provided, however, that such compliance does not relieve
the board of its duty under ~~9 VAC 5-20-140 of these regulations~~ [9
VAC 5-170-170]{.underline} and § 10.1-1307 E of the Virginia Air
Pollution Control Law to independently consider relevant facts and
circumstances.

9 VAC 5-80-~~1770~~ [1675]{.underline}. Compliance determination and
verification by performance

testing.

A. ~~For stationary sources other than those specified in subsection B
of this section, compliance~~ [Compliance]{.underline} with standards of
performance shall be determined in accordance with the provisions of 9
VAC 5-50-20 and shall be verified by performance tests in accordance
with the provisions of 9 VAC 5-50-30.

B. ~~For stationary sources of hazardous air pollutants, compliance with
emission standards shall be determined in accordance with the provisions
of 9 VAC 5-60-20 and shall be verified by emission tests in accordance
with the provisions of 9 VAC 5-60-30.~~

~~C.~~ Testing required by ~~subsections A and B of~~ this section shall
be conducted within 60 days by the owner after achieving the maximum
production rate at which the new or modified source will be operated,
but not later than 180 days after initial startup of the source; and 60
days thereafter the board shall be provided by the owner with two or,
upon request, more copies of a written report of the results of the
tests.

~~D. For sources subject to the provisions of Article 5 (9 VAC 5-50-400
et seq.) of 9 VAC 5 Chapter 50 or Article 1 (9 VAC 5-60-60 et seq.) of 9
VAC 5 Chapter 60, the requirements of subsections A through C of this
section shall be met in all cases.~~

~~E~~ [C]{.underline}. ~~For sources other than those specified in
subsection D of this section, the~~ [The]{.underline} requirements of
~~subsections A through C of~~ this section shall be met unless the
board:

1\. Specifies or approves, in specific cases, the use of a reference
method with minor changes in methodology;

2\. Approves the use of an equivalent method;

3\. Approves the use of an alternative method, the results of which the
board has determined to be adequate for indicating whether a specific
source is in compliance;

4\. Waives the requirement for testing because, based upon a technical
evaluation of the past performance of similar source types, using
similar control methods, the board reasonably expects the new or
modified source to perform in compliance with applicable standards; or

5\. Waives the requirement for testing because the owner of the source
has demonstrated by other means to the board\'s satisfaction that the
source is in compliance with the applicable standard.

~~F~~ [D]{.underline}. The provisions for the granting of waivers under
subsection ~~E~~ [C]{.underline} of this section are intended for use in
determining the initial compliance status of a source~~, and the~~[.
The]{.underline} granting of a waiver does not obligate the board to
~~do so for determining compliance~~ [grant any waivers]{.underline}
once the source has been in operation for more than one year beyond the
initial startup date.

[E. The granting of a waiver under this section does not shield the
source from potential enforcement of any permit term or condition,
applicable requirements of the implementation plan, or any other
applicable federal requirements promulgated under the federal Clean Air
Act.]{.underline}

9 VAC 5-80-~~1780~~ [1685]{.underline}. Stack heights.

[A.]{.underline} The provisions of 9 VAC 5-50-20 H apply.

[B. Prior to issuing a permit with a new or revised emission limitation
that is based on a good engineering practice stack height that exceeds
the height allowed by subdivision 1 or 2 of the GEP definition in 9 VAC
5-10-20, the board will notify the public of the availability of the
demonstration study specified in subdivision 3 of the GEP definition and
will provide opportunity for public hearing on it using the procedures
set forth in 9 VAC 5-80-1775.]{.underline}

9 VAC 5-80-~~1790~~ [1695]{.underline}. ~~Review of major stationary
sources and major modifications ‑ source applicability and exemptions~~
[Exemptions]{.underline}.

A. ~~No stationary source or modification to which the requirements of 9
VAC 5-80-1800 through 9 VAC 5-80-1880 apply shall begin actual
construction without a permit which states that the stationary source or
modification would meet those requirements. The board has authority to
issue any such permit.~~

~~B. The requirements of 9 VAC 5-80-1800 through 9 VAC 5-80-1880 shall
apply to any major stationary source and any major modification with
respect to each pollutant subject to regulation under the federal Clean
Air Act that it would emit, except as this article otherwise provides.~~

~~C. The requirements of 9 VAC 5-80-1800 through 9 VAC 5-80-1880 apply
only to any major stationary source or major modification that would be
constructed in an area designated as attainment or unclassifiable under
§ 107(d)(1)(C) of the federal Clean Air Act.~~

~~D.~~ The requirements of ~~9 VAC 5-80-1800 through 9 VAC 5-80-1880~~
[this article]{.underline} shall not apply to a particular major
stationary source or major modification; if:

1\. ~~The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution; or~~

~~2.~~ The source or modification would be a major stationary source or
major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:

a\. Coal cleaning plants (with thermal dryers).

b\. Kraft pulp mills.

c\. Portland cement plants.

d\. Primary zinc smelters.

e\. Iron and steel mills.

f\. Primary aluminum ore reduction plants.

g\. Primary copper smelters.

h\. Municipal incinerators capable of charging more than 250 tons of
refuse per day.

i\. Hydrofluoric acid plants.

j\. Sulfuric acid plants.

k\. Nitric acid plants.

l\. Petroleum refineries.

m\. Lime plants.

n\. Phosphate rock processing plants.

o\. Coke oven batteries.

p\. Sulfur recovery plants.

q\. Carbon black plants (furnace process).

r\. Primary lead smelters.

s\. Fuel conversion plants.

t\. Sintering plants.

u\. Secondary metal production plants.

v\. Chemical process plants.

w\. Fossil‑fuel boilers (or combination thereof) totaling more than 250
million British thermal units per hour heat input.

x\. Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels.

y\. Taconite ore processing plants.

z\. Glass fiber processing plants.

aa. Charcoal production plants.

bb. Fossil fuel‑fired steam electric plants of more than 250 million
British thermal units per hour heat input.

cc\. Any other stationary source category which, as of August 7, 1980,
is being regulated under ~~§ 111 or 112 of the federal Clean Air Act~~
[40 CFR Part 60 or 61]{.underline}; or

~~3~~ [2]{.underline}. The source or modification is a portable
stationary source that has previously received a permit under this
article, and

a\. The owner proposes to relocate the source and emissions of the
source at the new location would be temporary; and

b\. The emissions from the source would not exceed its allowable
emissions; and

c\. The emissions from the source would ~~impact~~ [affect]{.underline}
no class I area and no area where an applicable increment is known to be
violated; and

d\. Reasonable notice is given to the board prior to the relocation
identifying the proposed new location and the probable duration of
operation at the new location. Such notice shall be given to the board
not less than 10 days in advance of the proposed relocation unless a
different time duration is previously approved by the board.

~~E~~ [B]{.underline}. The requirements of ~~9 VAC 5-80-1800 through 9
VAC 5-80-1880~~ [this article]{.underline} shall not apply to a major
stationary source or major modification with respect to a particular
pollutant if the owner demonstrates that, as to that pollutant, the
source or modification is located in an area designated as nonattainment
~~under § 107 of the federal Clean Air Act~~ [in 9 VAC
5-20-204]{.underline}.

~~F~~ [C]{.underline}. The requirements of 9 VAC 5-80-~~1810~~
[1715]{.underline}, 9 VAC 5-80-~~1830~~ [1735]{.underline}, and 9 VAC
5-80-~~1850~~ [1755]{.underline} shall not apply to a major stationary
source or major modification with respect to a particular pollutant, if
the allowable emissions of that pollutant from the source, or the net
emissions increase of that pollutant from the modification:

1\. Would ~~impact~~ [affect]{.underline} no class I area and no area
where an applicable increment is known to be violated, and

2\. Would be temporary.

~~G~~ [D]{.underline}. The requirements of 9 VAC 5-80-~~1810~~
[1715]{.underline}, 9 VAC 5-80-~~1830~~ [1735]{.underline}, and 9 VAC
5-80-~~1850~~ [1755]{.underline} as they relate to any maximum allowable
increase for a class II area shall not apply to a major modification at
a stationary source that was in existence on March 1, 1978, if the net
increase in allowable emissions of each ~~pollutant subject to
regulation under the federal Clean Air Act~~ [regulated NSR
pollutant]{.underline} from the modification after the application of
best available control technology would be less than 50 tons per year.

~~H~~ [E]{.underline}. The board may exempt a [proposed
major]{.underline} stationary source or [major]{.underline} modification
from the requirements of 9 VAC 5-80-~~1830~~ [1735]{.underline} with
respect to monitoring for a particular pollutant if:

1\. The emissions increase of the pollutant from the new source or the
net emissions increase of the pollutant from the modification would
cause, in any area, air quality impacts less than the following amounts:

Carbon monoxide - 575 µg/m^3^, 8-hour average

Nitrogen dioxide - 14 µg/m^3^, annual average

Particulate matter - 10 µg/m^3^ of PM~10~, 24-hour average

Sulfur dioxide - 13 µg/m^3^, 24-hour average

Ozone[^1]

Lead - 0.1 µg/m^3^, 3-month average

Fluorides - 0.25 µg/m^3^, 24-hour average

Total reduced sulfur - 10 µg/m^3^, 1-hour average

Hydrogen sulfide - 0.2 µg/m^3^, 1-hour average

Reduced sulfur compounds - 10 µg/m^3^, 1-hour average; or

2\. The concentrations of the pollutant in the area that the source or
modification would affect are less than the concentrations listed in
~~subsection H 1 of this subdivision~~ [subdivision 1 of this
subsection]{.underline}, or the pollutant is not listed in ~~subsection
H 1 of this subdivision~~ [subdivision 1 of this
subsection]{.underline}.

~~I. The permitting requirements of subsection B of 9 VAC 5-80-1810
shall not apply to a stationary source or modification with respect to
any maximum allowable increase for PM~10~ if:~~

~~1. The owner of the source or modification submitted an application
for a permit under 9 VAC 5-80-10, Article 9 (9 VAC 5‑80‑2000 et seq.) of
this part, or this article before June 3, 1994, and~~

~~2. The board subsequently determined that the application as submitted
before that date was complete. Instead, the applicable requirements of
subsection B of 9 VAC 5-80-1810 shall apply with respect to the maximum
allowable increases for TSP as in effect on the date the application was
submitted.~~

9 VAC 5-80-~~1800~~ [1705]{.underline}. Control technology review.

A. A major stationary source or major modification shall meet each
applicable emissions limitation under the implementation plan and each
applicable emissions standard and standard of performance under 40 CFR
Parts 60[,]{.underline} ~~and~~ 61[, and 63]{.underline}.

B. A new major stationary source shall apply best available control
technology for each ~~pollutant subject to regulation under the federal
Clean Air Act~~ [regulated NSR pollutant]{.underline} that it would have
the potential to emit in significant amounts.

C. A major modification shall apply best available control technology
for each ~~pollutant subject to regulation under the federal Clean Air
Act~~ [regulated NSR pollutant]{.underline} for which it would result in
a significant net emissions increase at the source. This requirement
applies to each proposed emissions unit at which a net emissions
increase in the pollutant would occur as a result of a physical change
or change in the method of operation in the unit.

D. For phased construction projects, the determination of best available
control technology shall be reviewed and modified as appropriate at the
latest reasonable time that occurs no later than 18 months prior to
commencement of construction of each independent phase of the project.
At such time, the owner of the applicable stationary source may be
required to demonstrate the adequacy of any previous determination of
best available control technology for the source.

9 VAC 5-80-~~1810~~ [1715]{.underline}. Source impact analysis.

[A.]{.underline} The owner of the proposed source or modification shall
demonstrate that allowable emission increases from the proposed source
or modification, in conjunction with all other applicable emissions
increases or reductions (including secondary emissions), would not cause
or contribute to air pollution in violation of:

~~A~~ [1]{.underline}. Any ~~national~~ ambient air quality standard in
any air quality control region; or

~~B~~ [2]{.underline}. Any applicable maximum allowable increase over
the baseline concentration in any area.

[B. The following applies to any new major stationary source or major
modification if it would cause or contribute to a violation of any
ambient air quality standard.]{.underline}

[1. A new major stationary source or major modification will be
considered to cause or contribute to a violation of an ambient air
quality standard when such source or modification would, at a minimum,
exceed the following significance levels at any locality that does not
or would not meet the applicable air quality standard:]{.underline}

  ------------------------- ---------------------- ---------------------- ---------------------- ---------------------- ----------------------
  [Pollutant]{.underline}   [Annual]{.underline}   [Averaging time                                                      
                                                   (hours)]{.underline}                                                 

                                                   [24]{.underline}       [8]{.underline}        [3]{.underline}        [1]{.underline}

                                                                                                                        

  [SO~2~]{.underline}       [1.0                   [5.0                                          [25.0                  
                            μg/m^3^]{.underline}   μg/m^3^]{.underline}                          μg/m^3^]{.underline}   

  [PM~10~]{.underline}      [1.0                   [5.0                                                                 
                            μg/m^3^]{.underline}   μg/m^3^]{.underline}                                                 

  [NO~2~]{.underline}       [1.0                                                                                        
                            μg/m^3^]{.underline}                                                                        

  [CO]{.underline}                                                        [500                                          [2000
                                                                          μg/m^3^]{.underline}                          μg/m^3^]{.underline}
  ------------------------- ---------------------- ---------------------- ---------------------- ---------------------- ----------------------

[2. A proposed new major stationary source or major modification may
reduce the impact of its emissions upon air quality by obtaining
sufficient emission reductions to, at a minimum, compensate for its
adverse ambient impact where the new major stationary source or major
modification would otherwise cause or contribute to a violation of any
ambient air quality standard. In the absence of such emission
reductions, the board will deny the proposed construction.]{.underline}

[3. The requirements of this subsection do not apply to a major
stationary source or major modification with respect to a particular
pollutant if the owner demonstrates that, as to that pollutant, the
source or modification is located in an area designated as nonattainment
in 9 VAC 5-20-204.]{.underline}

9 VAC 5-80-~~1820~~ [1725]{.underline}. Air quality models.

A. All applications of air quality modeling involved in this article
shall be based on the applicable air quality models, data bases, and
other requirements specified in Appendix W to 40 CFR Part 51.

B. Where an air quality impact model specified in Appendix W to 40 CFR
Part 51 is inappropriate, the model may be modified or another model
substituted. Such a modification or substitution of a model may be made
on a case‑by‑case basis, or, where appropriate, on a generic basis for a
specific state program. Written approval of the administrator shall be
obtained for any modification or substitution. In addition, use of a
modified or substituted model shall be subject to notice and opportunity
for public comment under procedures developed in accordance with 9 VAC
5-80-~~1870~~ [1775]{.underline}.

9 VAC 5-80-~~1830~~ [1735]{.underline}. Air quality analysis.

A. Preapplication analysis [shall be conducted as follows]{.underline}.

1\. Any application for a permit under this article shall contain an
analysis of ambient air quality in the area that the major stationary
source or major modification would affect for each of the following
pollutants:

a\. For the source, each pollutant that it would have the potential to
emit in a significant amount;

b\. For the modification, each pollutant for which it would result in a
significant net emissions increase.

2\. With respect to any such pollutant for which no ~~national~~ ambient
air quality standard exists, the analysis shall contain such air quality
monitoring data as the board determines is necessary to assess ambient
air quality for that pollutant in any area that the emissions of that
pollutant would affect.

3\. With respect to any such pollutant (other than nonmethane
hydrocarbons) for which such a standard does exist, the analysis shall
contain continuous air quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would cause or
contribute to a violation of the standard or any maximum allowable
increase.

4\. In general, the continuous air quality monitoring data that is
required shall have been gathered over a period of at least one year and
shall represent at least the year preceding receipt of the application,
except that, if the board determines that a complete and adequate
analysis can be accomplished with monitoring data gathered over a period
shorter than one year (but not to be less than four months), the data
that is required shall have been gathered over at least that shorter
period.

5\. The owner of a proposed stationary source or modification of
volatile organic compounds who satisfies all conditions of § IV of
Appendix S to 40 CFR Part 51 may provide post‑approval monitoring data
for ozone in lieu of providing preconstruction data as required under
[this]{.underline} subsection ~~A of this section~~.

B. ~~Post‑construction monitoring.~~

The owner of a major stationary source or major modification shall,
after construction of the stationary source or modification, conduct
such ambient monitoring as the board determines is necessary to
determine the effect emissions from the stationary source or
modification may have, or are having, on air quality in any area.

C. ~~Operation of monitoring stations.~~

The owner of a major stationary source or major modification shall meet
the requirements of Appendix B to 40 CFR Part 58 during the operation of
monitoring stations for purposes of satisfying this section.

9 VAC 5-80-~~1840~~ [1745]{.underline}. Source information.

The owner of a proposed source or modification shall submit all
information necessary to perform any analysis or make any determination
required under this article.

A. With respect to a source or modification to which 9 VAC 5-80-~~1800~~
[1705]{.underline}, 9 VAC 5-80-~~1810~~ [1715]{.underline}, 9 VAC
5-80-~~1830~~ [1735]{.underline}, and 9 VAC 5-80-~~1850~~
[1755]{.underline} apply, such information shall include:

1\. A description of the nature, location, design capacity, and typical
operating schedule of the source or modification, including
specifications and drawings showing its design and plant layout;

2\. A detailed schedule for construction of the source or modification;

3\. A detailed description as to what system of continuous emission
reduction is planned for the source or modification, emission estimates,
and any other information necessary to determine that best available
control technology would be applied.

B. Upon request of the board, the owner shall also provide information
on:

1\. The air quality impact of the source or modification, including
meteorological and topographical data necessary to estimate such impact;
and

2\. The air quality impacts, and the nature and extent of any or all
general commercial, residential, industrial, and other growth that has
occurred since the baseline date in the area the source or modification
would affect.

9 VAC 5-80-~~1850~~ [1755]{.underline}. Additional impact analyses.

A. The owner shall provide an analysis of the impairment to visibility,
soils and vegetation that would occur as a result of the source or
modification and general commercial, residential, industrial and other
growth associated with the source or modification. The owner need not
provide an analysis of the impact on vegetation having no significant
commercial or recreational value.

B. The owner shall provide an analysis of the air quality impact
projected for the area as a result of general commercial, residential,
industrial and other growth associated with the source or modification.

C. The board may require monitoring of visibility in any federal class I
area near the proposed new stationary source or major modification for
such purposes and by such means as the board deems necessary and
appropriate.

9 VAC 5-80-~~1860~~ [1765]{.underline}. Sources ~~impacting~~
[affecting]{.underline} federal class I areas ‑ additional requirements.

A. ~~Notice to administrator.~~

The board shall transmit to the administrator a copy of each permit
application relating to a major stationary source or major modification
and provide notice to the administrator of the following actions related
to the consideration of such permit:

1\. Notification of the permit application status as provided in
~~subsection A of~~ 9 VAC 5-80-~~1870~~ [1775 A]{.underline}.

2\. Notification of the public comment period on the application as
provided in ~~subsection F 5 of~~ 9 VAC 5-80-~~1870~~ [1775 F
5]{.underline}.

3\. Notification of the final determination on the application and
issuance of the permit as provided in ~~subsection F 9 of~~ 9 VAC
5-80-~~1870~~ [1775 F 9]{.underline}.

4\. Notification of any other action deemed appropriate by the board.

B. ~~Notice to federal land managers~~

The board shall provide written notice of any permit application for a
proposed major stationary source or major modification, the emissions
from which may affect a class I area, to the federal land manager and
the federal official charged with direct responsibility for management
of any lands within any such area. Such notification shall include a
copy of all information relevant to the permit application and shall be
given within 30 days of receipt and at least 60 days prior to any public
hearing on the application for a permit to construct. Such notification
shall include an analysis of the proposed source\'s anticipated impacts
on visibility in the federal class I area. The board shall also provide
the federal land manager and such federal officials with a copy of the
preliminary determination required under ~~[subsection F
of]{.underline}~~ 9 VAC 5-80-~~1870~~ [1775 F]{.underline}, and shall
make available to them any materials used in making that determination,
promptly after the board makes such determination. Finally, the board
shall also notify all affected federal land managers within 30 days of
receipt of any advance notification of any such permit application.

C. ~~Federal land manager.~~

The federal land manager and the federal official charged with direct
responsibility for management of such lands have an affirmative
responsibility to protect the air quality related values (including
visibility) of such lands and to consider, in consultation with the
board, whether a proposed source or modification will have an adverse
impact on such values.

D. ~~Visibility analysis.~~

The board shall consider any analysis performed by the federal land
manager, provided within 30 days of the notification required by
subsection B of this section, that shows that a proposed new major
stationary source or major modification may have an adverse impact on
visibility in any federal class I area. Where the board finds that such
an analysis does not demonstrate to the satisfaction of the board that
an adverse impact on visibility will result in the federal class I area,
the board shall, in the notice of public hearing on the permit
application, either explain this decision or give notice as to where the
explanation can be obtained.

E. ~~Denial ‑ impact on air quality related values.~~

The federal land manager of any such lands may demonstrate to the board
that the emissions from a proposed source or modification would have an
adverse impact on the air quality‑related values (including visibility)
of those lands, notwithstanding that the change in air quality resulting
from emissions from such source or modification would not cause or
contribute to concentrations that would exceed the maximum allowable
increases for a class I area. If the board concurs with such
demonstration, then it shall not issue the permit.

F. ~~Class I variances.~~

The owner of a proposed source or modification may demonstrate to the
federal land manager that the emissions from such source or modification
would have no adverse impact on the air quality related values of any
such lands (including visibility), notwithstanding that the change in
air quality resulting from emissions from such source or modification
would cause or contribute to concentrations that would exceed the
maximum allowable increases for a class I area. If the federal land
manager concurs with such demonstration and so certifies, the board may,
provided that the applicable requirements of this article are otherwise
met, issue the permit with such emission limitations as may be necessary
to assure that emissions of sulfur dioxide, particulate matter, and
nitrogen oxides would not exceed the following maximum allowable
increases over minor source baseline concentration for such pollutants:

MAXIMUM ALLOWABLE INCREASE

(micrograms per cubic meter)

Particulate matter:

PM~10~, annual geometric mean 17

PM~10~, 24 hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24 hour maximum 91

Three‑hour maximum 325

Nitrogen dioxide:

Annual arithmetic mean 25

G. ~~Sulfur dioxide variance by governor with federal land manager\'s
concurrence.~~

The owner of a proposed source or modification that cannot be approved
under subsection F of this section may demonstrate to the governor that
the source [or modification]{.underline} cannot be constructed by reason
of any maximum allowable increase for sulfur dioxide for a period of 24
hours or less applicable to any class I area and, in the case of federal
mandatory class I areas, that a variance under this clause would not
adversely affect the air quality related values of the area (including
visibility). The governor, after consideration of the federal land
manager\'s recommendation (if any) and subject to the federal land
manager\'s concurrence, may, after notice and public hearing, grant a
variance from such maximum allowable increase. If such variance is
granted, the board shall issue a permit to such source or modification
pursuant to the requirements of subsection I of this section, provided
that the applicable requirements of this article are otherwise met.

H. ~~Variance by the governor with the president\'s concurrence.~~

In any case whether the governor recommends a variance in which the
federal land manager does not concur, the recommendations of the
governor and the federal land manager shall be transmitted to the
president. The president may approve the governor\'s recommendation if
he finds that the variance is in the national interest. If the variance
is approved, the board shall issue a permit pursuant to the requirements
of subsection I of this section, provided that the applicable
requirements of this article are otherwise met.

I. ~~Emission limitations for presidential or gubernatorial variance.~~

In the case of a permit issued pursuant to subsection G or H of this
section the source or modification shall comply with such emission
limitations as may be necessary to assure that emissions of sulfur
dioxide from the source or modification would not (during any day on
which the otherwise applicable maximum allowable increases are exceeded)
cause or contribute to concentrations that would exceed the following
maximum allowable increases over the baseline concentration and to
assure that such emissions would not cause or contribute to
concentrations which exceed the otherwise applicable maximum allowable
increases for periods of exposure of 24 hours or less for more than 18
days, not necessarily consecutive, during any annual period:

MAXIMUM ALLOWABLE INCREASE

(micrograms per cubic meter)

Low terrain High terrain

Period of exposure areas areas

24-hour maximum 36 62

3-hour maximum 130 221

9 VAC 5-80-~~1870~~ [1775]{.underline}. Public participation.

A. Within 30 days after receipt of an application, the board ~~shall~~
[will]{.underline} notify the applicant of the status of the
application. The notification of the initial determination with regard
to the status of the application ~~shall~~ [will]{.underline} be
provided by the board in writing and ~~shall~~ [will]{.underline}
include (i) a determination as to which provisions of ~~this chapter~~
[the new source review program]{.underline} are applicable, (ii) the
identification of any deficiencies, and (iii) a determination as to
whether the application contains sufficient information to begin
application review. The determination that the application has
sufficient information to begin review is not necessarily a
determination that it is complete. Within 30 days after receipt of any
additional information, the board ~~shall~~ [will]{.underline} notify
the applicant [in writing]{.underline} of any deficiencies in such
information. The date of receipt of a complete application shall be, for
the purpose of this article, the date on which the board received all
required information [and the provisions of § 10.1-1321.1 of the
Virginia Air Pollution Control Law have been met, if
applicable]{.underline}.

B. No later than 30 days after receiving the initial determination
notification required under subsection A of this section, the applicant
shall notify the public about the proposed source as required in
subsection C of this section. The applicant shall also provide an
informational briefing about the proposed source for the public as
required in subsection D of this section.

C. The public notice required under subsection B of this section shall
be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall
be approved by the board and shall include, but not be limited to, the
name, location, and type of the source, and the time and place of the
informational briefing.

D. The informational briefing shall be held in the locality where the
source is or will be located and at least 30 days, but no later than 60
days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions
concerning air quality about the proposed source from those in
attendance at the briefing. At a minimum, the applicant shall provide
information on and answer questions about (i) specific pollutants and
the total quantity of each which the applicant estimates will be emitted
and (ii) the control technology proposed to be used at the time of the
informational briefing. Representatives from the board ~~shall~~
[will]{.underline} attend and provide information and answer questions
on the permit application review process.

E. Upon a determination by the board that it will achieve the desired
results in an equally effective manner, an applicant for a permit may
implement an alternative plan for notifying the public as required in
subsection C of this section and for providing the informational
briefing as required in subsection D of this section.

F. Within one year after receipt of a complete application, the board
~~shall~~ [will]{.underline} make a final determination on the
application. This involves performing the following actions in a timely
manner:

1\. Make a preliminary determination whether construction should be
approved, approved with conditions, or disapproved.

2\. Make available in at least one location in each air quality control
region in which the proposed source or modification would be constructed
a copy of all materials the applicant submitted [(exclusive of
confidential information under 9 VAC 5-170-60)]{.underline}, a copy of
the preliminary determination and a copy or summary of other materials,
if any, considered in making the preliminary determination.

3\. If appropriate, hold a public briefing on the preliminary
determination prior to the public comment period but no later than the
day before the beginning of the public comment period. The board
~~shall~~ [will]{.underline} notify the public of the time and place of
the briefing, by advertisement in a newspaper of general circulation in
the air quality control region in which the proposed source or
modification would be constructed. The notification ~~shall~~
[will]{.underline} be published at least 30 days prior to the day of the
briefing.

4\. Notify the public, by advertisement in a newspaper of general
circulation in each region in which the proposed source or modification
would be constructed, of the application, the preliminary determination,
the degree of increment consumption that is expected from the source or
modification, and the opportunity for comment at a public hearing as
well as written public comment. The notification ~~shall~~
[will]{.underline} contain a statement of the estimated local impact of
the proposed source or modification, which at a minimum ~~shall~~
[will]{.underline} provide information regarding specific pollutants and
the total quantity of each which may be emitted, and ~~shall~~
[will]{.underline} list the type and quantity of any fuels to be used.
The notification ~~shall~~ [will]{.underline} be published at least 30
days prior to the day of the hearing. Written comments ~~shall~~
[will]{.underline} be accepted by the board for at least 15 days after
any hearing, unless the board votes to shorten the period. [Notices of
public comment periods and public hearings for major stationary sources
and major modifications published under this section shall meet the
requirements of § 10.1-1307.01 of the Virginia Air Pollution Control
Law.]{.underline}

5\. Send a copy of the notice of public comment to the applicant, the
administrator and to officials and agencies having cognizance over the
location where the proposed construction would occur as follows: local
air pollution control agencies, the chief elected official and chief
administrative officer of the city and county where the source or
modification would be located and any other locality particularly
affected, the planning district commission, and any state, federal land
manager, or ~~indian~~ [Indian]{.underline} governing body whose lands
may be affected by emissions from the source or modification.

6\. Provide opportunity for a public hearing for interested persons to
appear and submit written or oral comments on the air quality impact of
the source or modification, alternatives to the source or modification,
the control technology required, and other appropriate considerations.

7\. Consider all written comments submitted within a time specified in
the notice of public comment and all comments received at any public
hearing(s) in making a final decision on the approvability of the
application. No later than 10 days after the close of the public comment
period, the applicant may submit a written response to any comments
submitted by the public. The board ~~shall~~ [will]{.underline} consider
the applicant\'s response in making a final decision. The board
~~shall~~ [will]{.underline} make all comments available for public
inspection in the same locations where the board made available
preconstruction information relating to the proposed source or
modification.

8\. Make a final determination whether construction should be approved,
approved with conditions, or disapproved pursuant to this article.

9\. Notify the applicant in writing of the final determination and make
such notification available for public inspection at the same location
where the board made available preconstruction information and public
comments relating to the source or modification.

[G. In order to facilitate the efficient issuance of permits under
Articles 1 (9 VAC 5-80-50 et seq.) and 3 (9 VAC 5-80-360 et seq.) of
this part, upon request of the applicant the board will process the
permit application under this article using public participation
procedures meeting the requirements of this section and 9 VAC 5-80-270
or 9 VAC 5-80-670, as applicable.]{.underline}

9 VAC 5-80-~~1880~~ [1785]{.underline}. Source obligation.

A. Any owner who constructs or operates a source or modification not in
accordance (i) with the application submitted pursuant to this article
or (ii) with the terms and conditions of any permit to construct or
operate, or any owner of a source or modification subject to this
article who commences construction or operation ~~after the effective
date of these regulations~~ without applying for and receiving a permit
hereunder, shall be subject to appropriate enforcement action including,
but not limited to, any specified in 9 VAC 5-80-~~1950~~
[1985]{.underline}.

B. ~~Approval to construct shall become invalid if construction is not
commenced within 18 months after receipt of such approval, if
construction is discontinued for a period of 18 months or more, or if
construction is not completed within a reasonable time. The board may
extend the 18‑month period upon a satisfactory showing that an extension
is justified. This provision does not apply to the time period between
construction of the approved phases of a phased construction project;
each phase shall commence construction within 18 months of the projected
and approved commencement date.~~ [The provisions of this subsection
apply to projects at an existing emissions unit at a major stationary
source (other than projects at a ~~Clean Unit or at a~~ source with a
PAL) in circumstances where there is a reasonable possibility that a
project that is not a part of a major modification may result in a
significant emissions increase and the owner elects to use the method
specified in subdivisions \[a through c ~~a and b~~\] of the definition
of \"projected actual emissions\" for calculating projected actual
emissions.]{.underline}

[1. Before beginning actual construction of the project, the owner shall
document and maintain a record of the following
information:]{.underline}

[a. A description of the project;]{.underline}

[b. Identification of the emissions unit(s) whose emissions of a
regulated NSR pollutant could be affected by the project;
and]{.underline}

[c. A description of the applicability test used to determine that the
project is not a major modification for any regulated NSR pollutant,
including the baseline actual emissions, the projected actual emissions,
\[the amount of emissions excluded under subdivision c of the definition
of \"projected actual emissions\" and an explanation for why such amount
was excluded,\] and any netting calculations, if
applicable.]{.underline}

[2. If the emissions unit is an existing electric utility steam
generating unit, no less than 30 days before beginning actual
construction, the owner shall provide a copy of the information set out
in subdivision 1 of this subsection to the board. Nothing in this
subdivision shall be construed to require the owner of such a unit to
obtain any determination from the board before beginning actual
construction.]{.underline}

[3. The owner shall monitor the emissions of any regulated NSR pollutant
that could increase as a result of the project and that is emitted by
any emissions unit identified in subdivision 1 b of this section; and
calculate and maintain a record of the annual emissions, in tons per
year on a calendar year basis, for a period of five years following
resumption of regular operations after the change, or for a period of 10
years following resumption of regular operations after the change if the
project increases the design capacity of or potential to emit that
regulated NSR pollutant at such emissions unit.]{.underline}

[4. If the unit is an existing electric utility steam generating unit,
the owner shall submit a report to the board within 60 days after the
end of each calendar year during which records must be generated under
subdivision 3 of this subsection setting out the unit\'s annual
emissions during the calendar year that preceded submission of the
report.]{.underline}

[5. If the unit is an existing unit other than an electric utility steam
generating unit, the owner shall submit a report to the board if the
annual emissions, in tons per year, from the project identified in
subdivision 1 of this subsection, exceed the baseline actual emissions
(as documented and maintained pursuant to subdivision 1 c of this
subsection), by a significant amount for that regulated NSR pollutant,
and if such emissions differ from the preconstruction projection as
documented and maintained pursuant to subdivision 1 c of this
subsection. Such report shall be submitted to the board within 60 days
after the end of such calendar year. The report shall contain the
following:]{.underline}

[a. The name, address and telephone number of the major stationary
source;]{.underline}

[b. The annual emissions as calculated pursuant to subdivision 3 of this
subsection; and]{.underline}

[c. Any other information that the owner wishes to include in the report
(for example, an explanation as to why the emissions differ from the
preconstruction projection).]{.underline}

C. [The owner of the source shall make the information required to be
documented and maintained pursuant to subsection B of this section
available for review upon a request for inspection by the board or the
general public pursuant to the requirements contained in 9 VAC
5-170-60.]{.underline}

[D.]{.underline} Approval to construct shall not relieve any owner of
the responsibility to comply fully with applicable provisions of the
implementation plan and any other requirements under local, state or
federal law.

~~D. At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980 on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then
the requirements of 9 VAC 5-80-1800 through 9 VAC 5-80-1880 shall apply
to the source or modification as though construction had not yet
commenced on the source or modification.~~ [E. For each project subject
to subsection B of this section, the owner shall provide notice of the
availability of the information set out in subdivision B 1 of this
section to the board no less than 30 days before beginning actual
construction. The notice shall include the location of the information
and the name, address and telephone number of the contact from whom the
information may be obtained. Should subsequent information become
available to the board to indicate that a given project subject to
subsection B is a part of a major modification that resulted in a
significant emissions increase, the board will proceed as if the owner
is in violation of 9 VAC 5-80-1625 A and may institute appropriate
enforcement action as provided in subsection A of this section. Nothing
in this subsection shall be construed to require the owner of the source
to obtain any determination from the board before beginning actual
construction.]{.underline}

9 VAC 5-80-~~1890~~ [1795]{.underline}. Environmental impact statements.

Whenever any proposed source or modification is subject to action by a
federal agency that might necessitate preparation of an environmental
impact statement pursuant to the National Environmental Policy Act (42
USC 4321), review conducted pursuant to this article shall be
coordinated by the administrator with the broad environmental reviews
under that Act and under § 309 of the federal Clean Air Act to the
maximum extent feasible and reasonable.

9 VAC 5-80-~~1900~~ [1805]{.underline}. Disputed permits.

If a permit is proposed to be issued for any major stationary source or
major modification proposed for construction in any state which the
governor of an affected state or ~~indian~~ [Indian]{.underline}
governing body of an affected tribe determines will cause or contribute
to a cumulative change in air quality in excess of that allowed in this
part within the affected state or ~~indian~~ [Indian]{.underline}
reservation, the governor or ~~indian~~ [Indian]{.underline} governing
body may request the administrator to enter into negotiations with the
persons involved to resolve such dispute. If requested by any state or
~~indian~~ [Indian]{.underline} governing body involved, the
administrator shall make a recommendation to resolve the dispute and
protect the air quality related values of the lands involved. If the
persons involved do not reach agreement, the administrator shall resolve
the dispute. The administrator\'s determination, or the results of
agreements reached through other means, shall become part of the
applicable implementation plan and shall be enforceable as part of such
plan.

9 VAC 5-80-~~1910~~ [1815]{.underline}. Interstate pollution abatement.

A. The owner of each source or modification, which may significantly
contribute to levels of air pollution in excess of an ambient air
quality standard in any air quality control region outside the
Commonwealth, shall provide written notice to all nearby states of the
air pollution levels that may be affected by such source at least 60
days prior to the date of commencement of construction.

B. Any state or political subdivision may petition the administrator for
a finding that any source or modification emits or would emit any air
pollutant in amounts that will prevent attainment or maintenance of any
ambient air quality standard or interfere with measures for the
prevention of significant deterioration or the protection of visibility
in the implementation plan for such state. Within 60 days after receipt
of such petition and after a public hearing, the administrator will make
such a finding or deny the petition.

C. Notwithstanding any permit granted pursuant to this article, no owner
or other person shall commence construction or modification or begin
operation of a source to which a finding has been made under the
provisions of subsection B of this section.

9 VAC 5-80-~~1920~~ [1825]{.underline}. Innovative control technology.

A. Prior to the close of the public comment period under 9 VAC
5-80-~~1870~~ [1775]{.underline}, an owner of a proposed major
stationary source or major modification may request, in writing, that
the board approve a system of innovative control technology.

B. The board, with the consent of the governor(s) of affected state(s),
~~shall~~ [will]{.underline} determine that the source or modification
may employ a system of innovative control technology, if:

1\. The proposed control system would not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation
or function;

2\. The owner agrees to achieve a level of continuous emissions
reduction equivalent to that which would have been required under
~~subsection B of~~ 9 VAC 5-80-~~1800~~ [1705 B]{.underline} by a date
specified by the board. Such date shall not be later than four years
from the time of startup or seven years from permit issuance;

3\. The source or modification would meet the requirements of 9 VAC
5-80-~~1800~~ [1705]{.underline} and 9 VAC 5-80-~~1810~~
[1715]{.underline} based on the emissions rate that the stationary
source employing the system of innovative control technology would be
required to meet on the date specified by the board;

4\. The source or modification would not, before the date specified by
the board:

a\. Cause or contribute to a violation of an applicable ~~national~~
ambient air quality standard; or

b\. ~~Impact~~ [Affect]{.underline} any area where an applicable
increment is known to be violated;

5\. All other applicable requirements including those for public
participation have been met; and

6\. The provisions of 9 VAC 5-80-~~1860~~ [1765]{.underline} (relating
to class I areas) have been satisfied with respect to all periods during
the life of the source or modification.

C. The board ~~shall~~ [will]{.underline} withdraw any approval to
employ a system of innovative control technology made under this
article, if:

1\. The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate; or

2\. The proposed system fails before the specified date so as to
contribute to an unreasonable risk to public health, welfare, or safety;
or

3\. The board decides at any time that the proposed system is unlikely
to achieve the required level of control or to protect the public
health, welfare, or safety.

D. If a source or modification fails to meet the requirement level of
continuous emission reduction within the specified time period or the
approval is withdrawn in accordance with subsection C of this section,
the board may allow the source or modification up to an additional three
years to meet the requirement for the application of best available
control technology through use of a demonstrated system of control.

[9 VAC 5-80-1835. ~~Clean Unit Test for emissions units that are subject
to BACT or LAER~~ Reserved.]{.underline}

~~[A. An owner of a major stationary source may use the Clean Unit Test
according to the provisions of this section to determine whether
emissions increases at a Clean Unit are part of a project that is a
major modification. The provisions of this section apply to any
emissions unit for which the board has issued a major NSR permit within
the last five years.]{.underline}~~

~~[B. The general provisions set forth in this subsection shall apply to
Clean Units.]{.underline}~~

~~[1. Any project for which the owner begins actual construction after
the effective date of the Clean Unit designation (as determined in
accordance with subsection D of this section) and before the expiration
date (as determined in accordance with subsection E of this section)
will be considered to have occurred while the emissions unit was a Clean
Unit.]{.underline}~~

~~[2. If a project at a Clean Unit does not cause the need for a change
in the emission limitations or work practice requirements in the permit
for the unit that were adopted in conjunction with BACT and the project
would not alter any physical or operational characteristics that formed
the basis for the BACT determination as specified in subdivision F 4 of
this section, the emissions unit remains a Clean Unit.]{.underline}~~

~~[3. If a project causes the need for a change in the emission
limitations or work practice requirements in the permit for the unit
that were adopted in conjunction with BACT or the project would alter
any physical or operational characteristics that formed the basis for
the BACT determination as specified in subdivision F 4 of this section,
then the emissions unit loses its designation as a Clean Unit upon
issuance of the necessary permit revisions (unless the unit requalifies
as a Clean Unit pursuant to subdivision C 3 of this section). If the
owner begins actual construction on the project without first applying
to revise the emissions unit\'' permit, the Clean Unit designation ends
immediately prior to the time when actual construction
begins.]{.underline}~~

~~[4. A project that causes an emissions unit to lose its designation as
a Clean Unit is subject to the applicability requirements of 9 VAC
5-80-1605 H 1 through 4 and 9 VAC 5-80-1605 H 6 as if the emissions unit
is not a Clean Unit.]{.underline}~~

~~[C. An emissions unit automatically qualifies as a Clean Unit when the
unit meets the criteria in subdivisions 1 and 2 of this subsection.
After the original Clean Unit designation expires in accordance with
subsection E of this section or is lost pursuant to subdivision B 3 of
this section, such emissions unit may requalify as a Clean Unit under
either subdivision 3 of this subsection, or under the Clean Unit
provisions in 9 VAC 5-80-1845. To requalify as a Clean Unit under
subdivision 3 of this subsection, the emissions unit shall obtain a new
major NSR permit issued in accordance with this article and meet all the
criteria in subdivision 3 of this subsection. The Clean Unit designation
applies individually for each pollutant emitted by the emissions
unit.]{.underline}~~

~~[1. The emissions unit shall have received a major NSR permit within
the last five years. The owner shall maintain and be able to provide
information that would demonstrate that this permitting requirement is
met.]{.underline}~~

~~[2. Air pollutant emissions from the emissions unit shall be reduced
through the use of qualifying air pollution control technology (which
includes pollution prevention or work practices) that meets both of the
following requirements:]{.underline}~~

~~[a. The control technology achieves the BACT or LAER level of
emissions reductions as determined through issuance of a major NSR
permit within the past five years. However, the emissions unit is not
eligible for the Clean Unit designation if the BACT determination
resulted in no requirement to reduce emissions below the level of a
standard, uncontrolled, new emissions unit of the same
type.]{.underline}~~

~~[b. The owner made an investment to install the control technology.
For the purpose of this determination, an investment includes expenses
to research the application of a pollution prevention technique to the
emissions unit or expenses to apply a pollution prevention technique to
an emissions unit.]{.underline}~~

~~[3. In order to requalify for the Clean Unit designation, the
emissions unit shall obtain a new major NSR permit that requires
compliance with the current-day BACT (or LAER), and the emissions unit
shall meet the requirements in subdivisions 1 and 2 of this
subsection.]{.underline}~~

~~[D. The effective date of an emissions unit\'' Clean Unit designation
(i.e., the date on which the owner may begin to use the Clean Unit Test
to determine whether a project at the emissions unit is a major
modification) is determined according to one of the
following:]{.underline}~~

~~[1. For original Clean Unit designation and for emissions units that
requalify as Clean Units by implementing new control technology to meet
current-day BACT, the effective date is the date the emissions unit\''
air pollution control technology is placed into service, or three years
after the issuance date of the major NSR permit, whichever is earlier,
but no sooner than the effective date of this revision.]{.underline}~~

~~[2. For emissions units that requalify for the Clean Unit designation
using an existing control technology, the effective date is the date the
new major NSR permit is issued.]{.underline}~~

~~[E. An emissions unit\'' Clean Unit designation expires (i.e., the
date on which the owner may no longer use the Clean Unit Test to
determine whether a project affecting the emissions unit is, or is part
of, a major modification) according to one of the
following:]{.underline}~~

~~[1. For any emissions unit that automatically qualifies as a Clean
Unit under subdivisions C 1 and 2 of this section or requalifies by
implementing new control technology to meet current-day BACT under
subdivision C 3 of this section, the Clean Unit designation expires five
years after the effective date, or the date the equipment went into
service, whichever is earlier; or, it expires at any time the owner
fails to comply with the provisions for maintaining the Clean Unit
designation in subsection G of this section.]{.underline}~~

~~[2. For any emissions unit that requalifies as a Clean Unit under
subdivision C 3 of this section using an existing control technology,
the Clean Unit designation expires five years after the effective date;
or, it expires any time the owner fails to comply with the provisions
for maintaining the Clean Unit designation in subsection G of this
section.]{.underline}~~

~~[F. After the effective date of the Clean Unit designation, and in
accordance with the provisions of the applicable federal operating
permit program, but no later than when the federal operating permit is
renewed, the federal operating permit for the major stationary source
shall include the following terms and conditions:]{.underline}~~

~~[1. A statement indicating that the emissions unit qualifies as a
Clean Unit and identifying the pollutants for which this designation
applies.]{.underline}~~

~~[2. If the effective date is not known when the Clean Unit designation
is initially recorded in the federal operating permit (e.g., because the
air pollution control technology is not yet in service), the permit
shall describe the event that will determine the effective date (e.g.,
the date the control technology is placed into service). Once the
effective date is determined, the owner shall notify the board of the
exact date. This specific effective date shall be added to the source\''
federal operating permit at the first opportunity, such as a
modification, revision, reopening, or renewal of the federal operating
permit for any reason, whichever comes first, but in no case later than
the next renewal.]{.underline}~~

~~[3. If the expiration date is not known when the Clean Unit
designation is initially recorded into the federal operating permit
(e.g., because the air pollution control technology is not yet in
service), then the permit shall describe the event that will determine
the expiration date (e.g., the date the control technology is placed
into service). Once the expiration date is determined, the owner shall
notify the board of the exact date. The expiration date shall be added
to the source\'' federal operating permit at the first opportunity, such
as a modification, revision, reopening, or renewal of the federal
operating permit for any reason, whichever comes first, but in no case
later than the next renewal.]{.underline}~~

~~[4. All emission limitations and work practice requirements adopted in
conjunction with BACT, and any physical or operational characteristics
that formed the basis for the BACT determination (e.g., possibly the
emissions unit\'' capacity or throughput).]{.underline}~~

~~[5. Monitoring, recordkeeping, and reporting requirements as necessary
to demonstrate that the emissions unit continues to meet the criteria
for maintaining the Clean Unit designation (see subsection G of this
section).]{.underline}~~

~~[6. Terms reflecting the owner\'' duties to maintain the Clean Unit
designation and the consequences of failing to do so, as presented in
subsection G of this section.]{.underline}~~

~~[G. To maintain the Clean Unit designation, the owner shall conform to
all the restrictions listed in this subsection. This subsection applies
independently to each pollutant for which the emissions unit has the
Clean Unit designation. That is, failing to conform to the restrictions
for one pollutant affects the Clean Unit designation only for that
pollutant.]{.underline}~~

~~[1. The Clean Unit shall comply with the emission limitations and work
practice requirements adopted in conjunction with the BACT that are
recorded in the major NSR permit, and subsequently reflected in the
federal operating permit. The owner may not make a physical change in or
change in the method of operation of the Clean Unit that causes the
emissions unit to function in a manner that is inconsistent with the
physical or operational characteristics that formed the basis for the
BACT determination (for example, the emissions unit\'' capacity or
throughput).]{.underline}~~

~~[2. The Clean Unit shall comply with any terms and conditions in the
federal operating permit related to the unit\'' Clean Unit
designation.]{.underline}~~

~~[3. The Clean Unit shall continue to control emissions using the
specific air pollution control technology that was the basis for its
Clean Unit designation. If the emissions unit or control technology is
replaced, then the Clean Unit designation ends.]{.underline}~~

~~[H. Emissions changes that occur at a Clean Unit shall not be included
in calculating a significant net emissions increase (i.e., shall not be
used in a \""etting analysis\"", unless such use occurs before the
effective date of the Clean Unit designation, or after the Clean Unit
designation expires; or, unless the emissions unit reduces emissions
below the level that qualified the unit as a Clean Unit. However, if the
Clean Unit reduces emissions below the level that qualified the unit as
a Clean Unit, then the owner may generate a credit for the difference
between the level that qualified the unit as a Clean Unit and the new
emissions limit if such reductions are surplus, quantifiable, and
permanent. For purposes of generating offsets, the reductions shall also
be federally and state enforceable. For purposes of determining
creditable net emissions increases and decreases, the reductions shall
also be enforceable as a practical matter.]{.underline}~~

~~[I. The Clean Unit designation of an emissions unit is not affected by
redesignation of the attainment status of the area in which it is
located. That is, if a Clean Unit is located in an attainment area and
the area is redesignated to nonattainment, its Clean Unit designation is
not affected. Similarly, redesignation from nonattainment to attainment
does not affect the Clean Unit designation. However, if an existing
Clean Unit designation expires, it may requalify under the requirements
that are currently applicable in the area.]{.underline}~~

[9 VAC 5-80-1845. ~~Clean Unit provisions for emissions units that
achieve an emission limitation comparable to BACT~~
Reserved.]{.underline}

~~[A. An owner of a major stationary source has the option of using the
Clean Unit Test to determine whether emissions increases at a Clean Unit
are part of a project that is a major modification according to the
provisions of this section. The provisions of this section apply to
emissions units that do not qualify as Clean Units under 9 VAC
5-80-1835, but that are achieving a level of emissions control
comparable to BACT, as determined by the board in accordance with this
section.]{.underline}~~

~~[B. The general provisions set forth in this subsection shall apply to
Clean Units.]{.underline}~~

~~[1. Any project for which the owner begins actual construction after
the effective date of the Clean Unit designation (as determined in
accordance with subsection E of this section) and before the expiration
date (as determined in accordance with subsection F of this section)
will be considered to have occurred while the emissions unit was a Clean
Unit.]{.underline}~~

~~[2. If a project at a Clean Unit does not cause the need for a change
in the emission limitations or work practice requirements in the permit
for the unit that have been determined (pursuant to subsection D of this
section) to be comparable to BACT, and the project would not alter any
physical or operational characteristics that formed the basis for
determining that the emissions unit\'s control technology achieves a
level of emissions control comparable to BACT as specified in
subdivision H 4 of this section, the emissions unit remains a Clean
Unit.]{.underline}~~

~~[3. If a project causes the need for a change in the emission
limitations or work practice requirements in the permit for the unit
that have been determined (pursuant to subsection D of this section) to
be comparable to BACT, or the project would alter any physical or
operational characteristics that formed the basis for determining that
the emissions unit\'s control technology achieves a level of emissions
control comparable to BACT as specified in subdivision H 4 of this
section, then the emissions unit loses its designation as a Clean Unit
upon issuance of the necessary permit revisions (unless the unit
requalifies as a Clean Unit pursuant to subdivision C 4 of this
section). If the owner begins actual construction on the project without
first applying to revise the emissions unit\'s permit, the Clean Unit
designation ends immediately prior to the time when actual construction
begins.]{.underline}~~

~~[4. A project that causes an emissions unit to lose its designation as
a Clean Unit is subject to the applicability requirements of 9 VAC
5-80-1605 G 1 through 4 and 9 VAC 5-80-1605 G 6 as if the emissions unit
is not a Clean Unit.]{.underline}~~

~~[C. An emissions unit qualifies as a Clean Unit when the unit meets
the criteria in subdivisions 1 through 3 of this subsection. After the
original Clean Unit designation expires in accordance with subsection F
of this section or is lost pursuant to subdivision B 3 of this section,
such emissions unit may requalify as a Clean Unit under either
subdivision 4 of this subsection, or under the Clean Unit provisions in
9 VAC 5-80-1835. To requalify as a Clean Unit under subdivision 4 of
this subsection, the emissions unit shall obtain a new permit issued
pursuant to the requirements in subsections G and H of this section and
meet all the criteria in subdivision 4 of this subsection. The board
will make a separate Clean Unit designation for each pollutant emitted
by the emissions unit for which the emissions unit qualifies as a Clean
Unit.]{.underline}~~

~~[1. Air pollutant emissions from the emissions unit shall be reduced
through the use of qualifying air pollution control technology (which
includes pollution prevention or work practices) that meets both of the
following requirements:]{.underline}~~

~~[a. The owner has demonstrated that the emissions unit\'s control
technology is comparable to BACT according to the requirements of
subsection D of this section. However, the emissions unit is not
eligible for a Clean Unit designation if its emissions are not reduced
below the level of a standard, uncontrolled emissions unit of the same
type (e.g., if the BACT determinations to which it is compared have
resulted in a determination that no control measures are
required).]{.underline}~~

~~[b. The owner made an investment to install the control technology.
For the purpose of this determination, an investment includes expenses
to research the application of a pollution prevention technique to the
emissions unit or to retool the unit to apply a pollution prevention
technique.]{.underline}~~

~~[2. The board must determine that the allowable emissions from the
emissions unit will not cause or contribute to a violation of any
ambient air quality standard or ambient air increment in 9 VAC
5-80-1635, or have an adverse impact on an air quality related value
(such as visibility) that has been identified for a federal class I area
by a federal land manager and for which information is available to the
general public.]{.underline}~~

~~[3. An emissions unit may qualify as a Clean Unit even if the control
technology, on which the Clean Unit designation is based, was installed
before the effective date of this revision. However, for such emissions
units, the owner shall apply for the Clean Unit designation within two
years after the effective date of this revision. For technologies
installed on and after the effective date of this revision, the owner
shall apply for the Clean Unit designation at the time the control
technology is installed.]{.underline}~~

~~[4. In order to requalify as a Clean Unit, the emissions unit shall
obtain a new permit (pursuant to requirements in subsections G and H of
this section) that demonstrates that the emissions unit\'s control
technology is achieving a level of emission control comparable to
current-day BACT, and the emissions unit shall meet the requirements in
subdivisions 1 a and 2 of this subsection.]{.underline}~~

~~[D. The owner may demonstrate that the emissions unit\'s control
technology is comparable to BACT for purposes of subdivision C 1 of this
section according to either subdivisions 1 or 2 of this subsection.
Subdivision 3 of this subsection specifies the time for making this
comparison.]{.underline}~~

~~[1. The emissions unit\'s control technology is presumed to be
comparable to BACT if it achieves an emission limitation that is equal
to or better than the average of the emission limitations achieved by
all the sources for which a BACT or LAER determination has been made
within the preceding five years and entered into the RACT/BACT/LAER
Clearinghouse (RBLC), and for which it is technically feasible to apply
the BACT or LAER control technology to the emissions unit. The board
will also compare this presumption to any additional BACT or LAER
determinations of which the board is aware, and shall consider any
information on achieved-in-practice pollution control technologies
provided during the public comment period, to determine whether any
presumptive determination that the control technology is comparable to
BACT is correct.]{.underline}~~

~~[2. The owner may demonstrate that the emissions unit\'s control
technology is substantially as effective as BACT (the
\"substantially-as-effective test\"). In addition, any other person may
present evidence related to whether the control technology is
substantially as effective as BACT during the public participation
process required under subsection G of this section. The board will
consider such evidence on a case-by-case basis and determine whether the
emissions unit\'s air pollution control technology is substantially as
effective as BACT.]{.underline}~~

~~[3. The provisions governing the time for making the comparison under
this subsection shall be as follows:]{.underline}~~

~~[a. The owner of an emissions unit with control technologies that are
installed before the effective date of this revision may, at its option,
either demonstrate that the emission limitation achieved by the
emissions unit\'s control technology is comparable to the BACT
requirements that applied at the time the control technology was
installed, or demonstrate that the emission limitation achieved by the
emissions unit\'s control technology is comparable to current-day BACT
requirements. The expiration date of the Clean Unit designation will
depend on which option the owner uses, as specified in subsection F of
this section.]{.underline}~~

~~[b. The owner of an emissions unit with control technologies that are
installed after the effective date of this revision shall demonstrate
that the emission limitation achieved by the emissions unit\'s control
technology is comparable to current-day BACT
requirements.]{.underline}~~

~~[E. The effective date of an emissions unit\'s Clean Unit designation
(i.e., the date on which the owner may begin to use the Clean Unit Test
to determine whether a project involving the emissions unit is a major
modification) is the date that the permit required by subsection G of
this section is issued or the date that the emissions unit\'s air
pollution control technology is placed into service, whichever is
later.]{.underline}~~

~~[F. If the owner demonstrates that the emission limitation achieved by
the emissions unit\'s control technology is comparable to the BACT
requirements that applied at the time the control technology was
installed, then the Clean Unit designation expires five years from the
date that the control technology was installed. For all other emissions
units, the Clean Unit designation expires five years from the effective
date of the Clean Unit designation, as determined according to
subsection E of this section. In addition, for all emissions units, the
Clean Unit designation expires any time the owner fails to comply with
the provisions for maintaining the Clean Unit designation in subsection
I of this section.]{.underline}~~

~~[G. The board will designate an emissions unit a Clean Unit only by
issuing a permit through a NSR program that includes requirements for
public notice of the proposed Clean Unit designation and opportunity for
public comment. Such permit shall also meet the requirements in
subsection H of this section.]{.underline}~~

~~[H. The permit required by subsection G of this section shall include
the terms and conditions set forth in subdivisions 1 through 6 of this
subsection. Such terms and conditions shall be incorporated into the
major stationary source\'s federal operating permit in accordance with
the provisions of the federal operating permit program, but no later
than when the federal operating permit is renewed.]{.underline}~~

~~[1. A statement indicating that the emissions unit qualifies as a
Clean Unit and identifying the pollutants for which this designation
applies.]{.underline}~~

[~~2. If the effective date of the Clean Unit designation is not known
when the board issues the permit (e.g., because the air pollution
control technology is not yet in service), then the permit shall
describe the event that will determine the effective date (e.g., the
date the control technology is placed into service). Once the effective
date is known, then the owner shall notify the board of the exact date.
This specific effective date shall be added to the source\'s federal
operating permit at the first opportunity, such as a modification,
revision, reopening, or renewal of the federal operating permit for any
reason, whichever comes first, but in no case later than the next
renewal~~.]{.underline}

~~[3. If the expiration date of the Clean Unit designation is not known
when the board issues the permit (e.g., because the air pollution
control technology is not yet in service), then the permit shall
describe the event that will determine the expiration date (e.g., the
date the control technology is placed into service). Once the expiration
date is known, then the owner shall notify the board of the exact date.
The expiration date shall be added to the source\'s federal operating
permit at the first opportunity, such as a modification, revision,
reopening, or renewal of the federal operating permit for any reason,
whichever comes first, but in no case later than the next
renewal.]{.underline}~~

~~[4. All emission limitations and work practice requirements adopted in
conjunction with emission limitations necessary to assure that the
control technology continues to achieve an emission limitation
comparable to BACT, and any physical or operational characteristics that
formed the basis for determining that the emissions unit\'s control
technology achieves a level of emissions control comparable to BACT
(e.g., possibly the emissions unit\'s capacity or
throughput).]{.underline}~~

~~[5. Monitoring, recordkeeping, and reporting requirements as necessary
to demonstrate that the emissions unit continues to meet the criteria
for maintaining its Clean Unit designation (see subsection I of this
section).]{.underline}~~

~~[6. Terms reflecting the owner\'s duties to maintain the Clean Unit
designation and the consequences of failing to do so, as presented in
subsection I of this section.]{.underline}~~

~~[I. To maintain the Clean Unit designation, the owner shall conform to
all the restrictions listed in subdivisions 1 through 5 of this
subsection. This subsection applies independently to each pollutant for
which the board has designated the emissions unit a Clean Unit. That is,
failing to conform to the restrictions for one pollutant affects the
Clean Unit designation only for that pollutant.]{.underline}~~

~~[1. The Clean Unit shall comply with the emission limitations and work
practice requirements adopted to ensure that the control technology
continues to achieve emission control comparable to BACT.]{.underline}~~

~~[2. The owner may not make a physical change in or change in the
method of operation of the Clean Unit that causes the emissions unit to
function in a manner that is inconsistent with the physical or
operational characteristics that formed the basis for the determination
that the control technology is achieving a level of emission control
that is comparable to BACT (e.g., the emissions unit\'s capacity or
throughput).]{.underline}~~

~~[3. The Clean Unit shall comply with any terms and conditions in the
federal operating permit related to the unit\'s Clean Unit
designation.]{.underline}~~

~~[4. The Clean Unit shall continue to control emissions using the
specific air pollution control technology that was the basis for its
Clean Unit designation. If the emissions unit or control technology is
replaced, then the Clean Unit designation ends.]{.underline}~~

~~[J. Emissions changes that occur at a Clean Unit shall not be included
in calculating a significant net emissions increase (\"netting
analysis\") unless such use occurs before the effective date of this
revision or after the Clean Unit designation expires; or, unless the
emissions unit reduces emissions below the level that qualified the unit
as a Clean Unit. However, if the Clean Unit reduces emissions below the
level that qualified the unit as a Clean Unit, then the owner may
generate a credit for the difference between the level that qualified
the unit as a Clean Unit and the emissions unit\'s new emissions limit
if such reductions are surplus, quantifiable, and permanent. For
purposes of generating offsets, the reductions shall also be federally
and state enforceable. For purposes of determining creditable net
emissions increases and decreases, the reductions shall also be
enforceable as a practical matter.]{.underline}~~

~~[K. The Clean Unit designation of an emissions unit is not affected by
redesignation of the attainment status of the area in which it is
located. That is, if a Clean Unit is located in an attainment area and
the area is redesignated to nonattainment, its Clean Unit designation is
not affected. Similarly, redesignation from nonattainment to attainment
does not affect the Clean Unit designation. However, if a Clean Unit\'s
designation expires or is lost pursuant to 9 VAC 5-80-1835 B 3 and
subdivision B 3 of this section, it shall requalify under the
requirements that are currently applicable.]{.underline}~~

[9 VAC 5-80-1855. ~~Pollution control project (PCP) exclusion procedural
requirements~~ Reserved.]{.underline}

~~[A. Before an owner begins actual construction of a PCP, the owner
shall either submit a notice to the board if the project is listed in
subdivisions a through f of the definition of "pollution control
project," or if the project is not listed in subdivisions a through f of
the definition of "pollution control project,\" then the owner shall
submit a permit application and obtain approval to use the PCP exclusion
from the board consistent with the requirements of subsection E of this
section. Regardless of whether the owner submits a notice or a permit
application, the project shall meet the requirements in subsection B of
this section, and the notice or permit application shall contain the
information required in subsection C of this section.]{.underline}~~

~~[B. Any project that relies on the PCP exclusion shall meet the
following requirements:]{.underline}~~

~~[1. The environmental benefit from the emissions reductions of
pollutants regulated under the federal Clean Air Act shall outweigh the
environmental detriment of emissions increases in pollutants regulated
under the federal Clean Air Act. A statement that a technology from
subdivisions a through f of the definition for "pollution control
project" is being used shall be presumed to satisfy this
requirement.]{.underline}~~

~~[2. The emissions increases from the project will not cause or
contribute to a violation of any ambient air quality standard or ambient
air increment in 9 VAC 5-80-1635, or have an adverse impact on an air
quality related value (such as visibility) that has been identified for
a federal class I area by a federal land manager and for which
information is available to the general public.]{.underline}~~

~~[C. In the notice or permit application sent to the board, the owner
shall include, at a minimum, the following information:]{.underline}~~

~~[1. A description of the project.]{.underline}~~

~~[2. The potential emissions increases and decreases of any pollutant
regulated under the federal Clean Air Act and the projected emissions
increases and decreases using the methodology in 9 VAC 5-80-1605 H, that
will result from the project, and a copy of the environmentally
beneficial analysis required by subdivision B 1 of this
section.]{.underline}~~

~~[3. A description of monitoring and recordkeeping, and all other
methods, to be used on an ongoing basis to demonstrate that the project
is environmentally beneficial. Methods should be sufficient to meet the
requirements in the federal operating permit program.]{.underline}~~

~~[4. A certification that the project will be designed and operated in
a manner that is consistent with proper industry and engineering
practices, in a manner that is consistent with the environmentally
beneficial analysis and air quality analysis required by subsection B of
this section, with information submitted in the notice or permit
application, and in such a way as to minimize, within the physical
configuration and operational standards usually associated with the
emissions control device or strategy, emissions of collateral
pollutants.]{.underline}~~

~~[5. Demonstration that the PCP will not have an adverse air quality
impact (e.g., modeling, screening level modeling results, or a statement
that the collateral emissions increase is included within the parameters
used in the most recent modeling exercise) as required by subdivision B
2 of this section. An air quality impact analysis is not required for
any pollutant that will not experience a significant emissions increase
as a result of the project.]{.underline}~~

~~[D. For projects listed in subdivisions a through f of the definition
of "pollution control project,\" the owner may begin actual construction
of the project immediately after notice is sent to the board (unless
otherwise prohibited under requirements of the applicable implementation
plan). The owner shall respond to any requests by the board for
additional information that the board determines is necessary to
evaluate the suitability of the project for the PCP
exclusion.]{.underline}~~

~~[E. Before an owner may begin actual construction of a PCP project
that is not listed in subdivisions a through f of the definition for
"pollution control project" (an \"unlisted project\"), the project must
be approved by the board and recorded in an NSR permit, state operating
permit, or federal operating permit. The permit procedures must include
the requirement that the board provide the public with notice of the
proposed approval, with access to the environmentally beneficial
analysis and the air quality analysis, and provide at least a 30-day
period for the public and the administrator to submit comments. The
board will address all material comments received by the end of the
comment period before taking final action on the permit.]{.underline}~~

~~[F. Upon installation of the PCP, the owner shall comply with the
following operational requirements:]{.underline}~~

~~[1. The owner shall operate the PCP in a manner consistent with proper
industry and engineering practices, in a manner that is consistent with
the environmentally beneficial analysis and air quality analysis
required by subsection B of this section, with information submitted in
the notice or permit application required by subsection C of this
section, and in such a way as to minimize, within the physical
configuration and operational standards usually associated with the
emissions control device or strategy, emissions of collateral
pollutants.]{.underline}~~

~~[2. The owner shall maintain copies on site of the environmentally
beneficial analysis, the air quality impacts analysis, and monitoring
and other emission records to prove that the PCP operated consistent
with the general duty requirements in subdivision 1 of this
subsection.]{.underline}~~

~~[3. The owner shall comply with any provisions in the applicable
permit related to use and approval of the PCP exclusion.]{.underline}~~

~~[4. Emission reductions created by a PCP shall not be included in
calculating a significant net emissions increase unless the emissions
unit further reduces emissions after qualifying for the PCP exclusion
(e.g., taking an operational restriction on the hours of operation). The
owner may generate a credit for the difference between the level of
reduction which was used to qualify for the PCP exclusion and the new
emissions limit if such reductions are surplus, quantifiable, and
permanent. For purposes of generating offsets, the reductions shall also
be federally and state enforceable. For purposes of determining
creditable net emissions increases and decreases, the reductions shall
also be enforceable as a practical matter.]{.underline}~~

[9 VAC 5-80-1865. Actuals plantwide applicability limits
(PAL).]{.underline}

[A. The board may approve the use of an actuals PAL for any existing
major stationary source if the PAL meets the requirements of this
section. The term \"PAL\" shall mean \"actuals PAL\" throughout this
section.]{.underline}

[1. Any physical change in or change in the method of operation of a
major stationary source that maintains its total sourcewide emissions
below the PAL level, meets the requirements of this section, and
complies with the PAL permit:]{.underline}

[a. Is not a major modification for the PAL pollutant;]{.underline}

[b. Does not have to be approved through this article; and]{.underline}

[c. Is not subject to the provisions in 9 VAC 5-80-1605 C (restrictions
on relaxing enforceable emission limitations that the major stationary
source used to avoid applicability of the major NSR
program).]{.underline}

[2. Except as provided under subdivision 1 c of this subsection, a major
stationary source shall continue to comply with all applicable federal
or state requirements, emission limitations, and work practice
requirements that were established prior to the effective date of the
PAL.]{.underline}

[B. As part of a permit application requesting a PAL, the owner of a
major stationary source shall submit the following information to the
board for approval:]{.underline}

[1. A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner of the source shall indicate which, if any, federal or state
applicable requirements, emission limitations, or work practices apply
to each unit.]{.underline}

[2. Calculations of the baseline actual emissions (with supporting
documentation). Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown, and malfunction.]{.underline}

[3. The calculation procedures that the major stationary source owner
proposes to use to convert the monitoring system data to monthly
emissions and annual emissions based on a 12-month rolling total for
each month as required by subdivision N 1 of this section.]{.underline}

[C. The general requirements set forth in this subsection shall apply to
the establishment of PALs.]{.underline}

[1. The board may establish a PAL at a major stationary source, provided
that at a minimum, the following requirements are met:]{.underline}

[a. The PAL shall impose an annual emission limitation in tons per year,
that is enforceable as a practical matter, for the entire major
stationary source. For each month during the PAL effective period after
the first 12 months of establishing a PAL, the major stationary source
owner shall show that the sum of the monthly emissions from each
emissions unit under the PAL for the previous 12 consecutive months is
less than the PAL (a 12-month average, rolled monthly). For each month
during the first 11 months from the PAL effective date, the major
stationary source owner shall show that the sum of the preceding monthly
emissions from the PAL effective date for each emissions unit under the
PAL is less than the PAL.]{.underline}

[b. The PAL shall be established in a PAL permit that meets the public
participation requirements in subsection D of this section.]{.underline}

[c. The PAL permit shall contain all the requirements of subsection F of
this section.]{.underline}

[d. The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source.]{.underline}

[e. Each PAL shall regulate emissions of only one
pollutant.]{.underline}

[f. Each PAL shall have a PAL effective period of five
years.]{.underline}

[g. The owner of the major stationary source with a PAL shall comply
with the monitoring, recordkeeping, and reporting requirements provided
in subsections M through O of this section for each emissions unit under
the PAL through the PAL effective period.]{.underline}

[2. At no time during or after the PAL effective period are emissions
reductions of a PAL pollutant that occur during the PAL effective period
creditable as decreases for purposes of offsets under 9 VAC 5-80-2120 F
through N unless the level of the PAL is reduced by the amount of such
emissions reductions and such reductions would be creditable in the
absence of the PAL.]{.underline}

[D. PALs for existing major stationary sources shall be established,
renewed, or increased through the public participation procedures ~~of 9
VAC 5-80-1775~~ prescribed in the applicable permit programs identified
in the definition of PAL permit. ~~This includes the requirement that
the board provide~~ In no case may the board issue a PAL permit unless
the board provides the public with notice of the proposed approval of a
PAL permit and at least a 30-day period for submittal of public comment.
The board will address all material comments before taking final action
on the permit.]{.underline}

[E. The actuals PAL level for a major stationary source shall be
established as the sum of the baseline actual emissions of the PAL
pollutant for each emissions unit at the source; plus an amount equal to
the applicable significant (as reflected in the definition of
\"significant\") level for the PAL pollutant. When establishing the
actuals PAL level, for a PAL pollutant, only one consecutive 24-month
period shall be used to determine the baseline actual emissions for all
existing emissions units. The same consecutive 24-month period shall be
used for each different PAL pollutant unless the owner can demonstrate
to the satisfaction of the board that a different consecutive 24-month
period for a different pollutant or pollutants is more appropriate due
to extenuating circumstances. Emissions associated with units that were
permanently shutdown after this 24-month period shall be subtracted from
the PAL level. Emissions from units on which actual construction began
after the 24-month period shall be added to the PAL level in an amount
equal to the potential to emit of the units. The board will specify a
reduced PAL level or levels (in tons per year) in the PAL permit to
become effective on the future compliance dates of any applicable
federal or state regulatory requirements that the board is aware of
prior to issuance of the PAL permit. For instance, if the source owner
will be required to reduce emissions from industrial boilers in half
from baseline emissions of 60 ppm NO~X~ to a new rule limit of 30 ppm,
then the permit shall contain a future effective PAL level that is equal
to the current PAL level reduced by half of the original baseline
emissions of such units.]{.underline}

[F. The PAL permit shall contain, at a minimum, the following
information:]{.underline}

[1. The PAL pollutant and the applicable sourcewide emission limitation
in tons per year.]{.underline}

[2. The PAL permit effective date and the expiration date of the PAL
(PAL effective period).]{.underline}

[3. Specification in the PAL permit that if a major stationary source
owner applies to renew a PAL in accordance with subsection J of this
section before the end of the PAL effective period, then the PAL shall
not expire at the end of the PAL effective period. It shall remain in
effect until a revised PAL permit is issued by the board, or until the
board determines that the revised PAL permit will not be
issued.]{.underline}

[4. A requirement that emission calculations for compliance purposes
shall include emissions from startups, shutdowns, and
malfunctions.]{.underline}

[5. A requirement that, once the PAL expires, the major stationary
source is subject to the requirements of subsection I of this
section.]{.underline}

[6. The calculation procedures that the major stationary source owner
shall use to convert the monitoring system data to monthly emissions and
annual emissions based on a 12-month rolling total as required by
subdivision N 1 of this section.]{.underline}

[7. A requirement that the major stationary source owner monitor all
emissions units in accordance with the provisions under subsection M of
this section.]{.underline}

[8. A requirement to retain the records required under subsection N of
this section on site. Such records may be retained in an electronic
format.]{.underline}

[9. A requirement to submit the reports required under subsection O of
this section by the required deadlines.]{.underline}

[10. Any other requirements that the board deems necessary to implement
and enforce the PAL.]{.underline}

[G. The PAL effective period shall be five years.]{.underline}

[H. The requirements for the reopening of the PAL permit set forth in
this subsection shall apply to actuals PALs.]{.underline}

[1. During the PAL effective period, the board will reopen the PAL
permit to:]{.underline}

[a. Correct typographical or calculation errors made in setting the PAL
or reflect a more accurate determination of emissions used to establish
the PAL;]{.underline}

[b. Reduce the PAL if the owner of the major stationary source creates
creditable emissions reductions for use as offsets under 9 VAC 5-80-2120
F through N; and]{.underline}

[c. Revise the PAL to reflect an increase in the PAL as provided under
subsection L of this section.]{.underline}

[2. The board may reopen the PAL permit for any of the following
reasons]{.underline}:

[a. Reduce the PAL to reflect newly applicable federal requirements
(e.g., NSPS) with compliance dates after the PAL effective
date.]{.underline}

[b. Reduce the PAL consistent with any other requirement, that is
enforceable as a practical matter, and that the board may impose on the
major stationary source.]{.underline}

[c. Reduce the PAL if the board determines that a reduction is necessary
to avoid causing or contributing to a violation of an ambient air
standard or ambient air increment in 9 VAC 5-80-1635, or to an adverse
impact on an air quality related value that has been identified for a
federal class I area by a federal land manager and for which information
is available to the general public.]{.underline}

[3. Except for the permit reopening in subdivision 1 a of this
subsection for the correction of typographical or calculation errors
that do not increase the PAL level, all other reopenings shall be
carried out in accordance with the public participation requirements of
subsection D of this section.]{.underline}

[I. Any PAL that is not renewed in accordance with the procedures in
subsection J of this section shall expire at the end of the PAL
effective period, and the following requirements shall
apply:]{.underline}

[1. Each emissions unit (or each group of emissions units) that existed
under the PAL shall comply with an allowable emission limitation under a
revised permit established according to the following
procedures:]{.underline}

[a. Within the time frame specified for PAL renewals in subdivision J 2
of this section, the major stationary source shall submit a proposed
allowable emission limitation for each emissions unit (or each group of
emissions units, if such a distribution is more appropriate as decided
by the board) by distributing the PAL allowable emissions for the major
stationary source among each of the emissions units that existed under
the PAL. If the PAL had not yet been adjusted for an applicable
requirement that became effective during the PAL effective period, as
required under subdivision J 5 of this section, such distribution shall
be made as if the PAL had been adjusted.]{.underline}

[b. The board will decide whether and how the PAL allowable emissions
will be distributed and issue a revised permit incorporating allowable
limits for each emissions unit, or each group of emissions units, as the
board determines is appropriate.]{.underline}

[2. Each emissions unit shall comply with the allowable emission
limitation on a 12-month rolling basis. The board may approve the use of
monitoring systems (source testing, emission factors, etc.) other than
CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable
emission limitation.]{.underline}

[3. Until the board issues the revised permit incorporating allowable
limits for each emissions unit, or each group of emissions units, as
required under subdivision 1 b of this subsection, the source shall
continue to comply with a sourcewide, multiunit emissions cap equivalent
to the level of the PAL emission limitation.]{.underline}

[4. Any physical change or change in the method of operation at the
major stationary source will be subject to major NSR program
requirements if such change meets the definition of \"major
modification.\"]{.underline}

[5. The major stationary source owner shall continue to comply with any
state or federal applicable requirements (such as BACT, RACT, or NSPS)
that may have applied either during the PAL effective period or prior to
the PAL effective period except for those emission limitations that had
been established pursuant to 9 VAC 5-80-1605 C, but were eliminated by
the PAL in accordance with the provisions in subdivision A 1 c of this
section.]{.underline}

[J. The requirements for the renewal of the PAL permit set forth in this
subsection shall apply to actuals PALs.]{.underline}

[1. The board will follow the procedures specified in subsection D of
this section in approving any request to renew a PAL for a major
stationary source, and shall provide both the proposed PAL level and a
written rationale for the proposed PAL level to the public for review
and comment. During such public review, any person may propose a PAL
level for the source for consideration by the board.]{.underline}

[2. A major stationary source owner shall submit a timely application to
the board to request renewal of a PAL. A timely application is one that
is submitted at least 6 months prior to, but not earlier than 18 months
from, the date of permit expiration. This deadline for application
submittal is to ensure that the permit will not expire before the permit
is renewed. If the owner of a major stationary source submits a complete
application to renew the PAL within this time period, then the PAL shall
continue to be effective until the revised permit with the renewed PAL
is issued, or until the board determines that the revised permit with
the renewed PAL will not be issued, and a permit is issued pursuant to
subsection I of this section.]{.underline}

[3. The application to renew a PAL permit shall contain the following
information:]{.underline}

[a. The information required in subsection B of this
section.]{.underline}

[b. A proposed PAL level.]{.underline}

[c. The sum of the potential to emit of all emissions units under the
PAL (with supporting documentation).]{.underline}

[d. Any other information the owner wishes the board to consider in
determining the appropriate level for renewing the PAL.]{.underline}

[K. The requirements for the adjustment of the PAL set forth in this
subsection shall apply to actuals PALs. In determining whether and how
to adjust the PAL, the board will consider the options outlined in
subdivisions 1 and 2 of this subsection. However, in no case may any
such adjustment fail to comply with subdivision 3 of this
subdivision.]{.underline}

[1. If the emissions level calculated in accordance with subsection E of
this section is equal to or greater than 80% of the PAL level, the board
may renew the PAL at the same level without considering the factors set
forth in subdivision 2 of this subsection; or]{.underline}

[2. The board may set the PAL at a level that it determines to be more
representative of the source\'s baseline actual emissions, or that it
determines to be more appropriate considering air quality needs,
advances in control technology, anticipated economic growth in the area,
desire to reward or encourage the source\'s voluntary emissions
reductions, or other factors as specifically identified by the board in
a written rationale.]{.underline}

[3. Notwithstanding subdivisions 1 and 2 of this
subsection:]{.underline}

[a. If the potential to emit of the major stationary source is less than
the PAL, the board will adjust the PAL to a level no greater than the
potential to emit of the source; and]{.underline}

[b. The board will not approve a renewed PAL level higher than the
current PAL, unless the major stationary source has complied with the
provisions of subsection L of this section.]{.underline}

[4. If the compliance date for a state or federal requirement that
applies to the PAL source occurs during the PAL effective period, and if
the board has not already adjusted for such requirement, the PAL shall
be adjusted at the time of PAL permit renewal or federal operating
permit renewal, whichever occurs first.]{.underline}

[L. The requirements for increasing a PAL during the PAL effective
period set forth in this subsection shall apply to actuals
PALs.]{.underline}

[1. The board may increase a PAL emission limitation only if the owner
of the major stationary source complies with the following
provisions:]{.underline}

[a. The owner of the major stationary source shall submit a complete
application to request an increase in the PAL limit for a PAL major
modification. Such application shall identify the emissions units
contributing to the increase in emissions so as to cause the major
stationary source\'s emissions to equal or exceed its PAL.]{.underline}

[b. As part of this application, the major stationary source owner shall
demonstrate that the sum of the baseline actual emissions of the small
emissions units, plus the sum of the baseline actual emissions of the
significant and major emissions units assuming application of BACT
equivalent controls, plus the sum of the allowable emissions of the new
or modified emissions units exceeds the PAL. The level of control that
would result from BACT equivalent controls on each significant or major
emissions unit shall be determined by conducting a new BACT analysis at
the time the application is submitted, unless the emissions unit is
currently required to comply with a BACT or LAER requirement that was
established within the preceding five years. In such a case, the assumed
control level for that emissions unit shall be equal to the level of
BACT or LAER with which that emissions unit shall currently
comply.]{.underline}

[c. The owner obtains a major NSR permit for all emissions units
identified in subdivision 1 of this subsection, regardless of the
magnitude of the emissions increase resulting from them (i.e., no
significant levels apply). These emissions units shall comply with any
emissions requirements resulting from the major NSR program process
(e.g., BACT), even though they have also become subject to the PAL or
continue to be subject to the PAL.]{.underline}

[2. The PAL permit shall require that the increased PAL level shall be
effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL
pollutant.]{.underline}

[3. The board will calculate the new PAL as the sum of the allowable
emissions for each modified or new emissions unit, plus the sum of the
baseline actual emissions of the significant and major emissions units
(assuming application of BACT equivalent controls as determined in
accordance with subdivision 1 b of this subsection), plus the sum of the
baseline actual emissions of the small emissions units.]{.underline}

[4. The PAL permit shall be revised to reflect the increased PAL level
pursuant to the public notice requirements of subsection D of this
section.]{.underline}

[M. The requirements for monitoring the PAL set forth in this subsection
apply to actuals PALs.]{.underline}

[1. The general requirements for monitoring a PAL set forth in this
subdivision apply to actuals PALs.]{.underline}

[a. Each PAL permit shall contain enforceable requirements for the
monitoring system that accurately determines plantwide emissions of the
PAL pollutant in terms of mass per unit of time. Any monitoring system
authorized for use in the PAL permit shall be based on sound science and
meet generally acceptable scientific procedures for data quality and
manipulation. Additionally, the information generated by such system
shall meet minimum legal requirements for admissibility in a judicial
proceeding to enforce the PAL permit.]{.underline}

[b. The PAL monitoring system shall employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in subdivision 2 of this subdivision and must be approved by the
board.]{.underline}

[c. Notwithstanding subdivision 1 b of this subdivision, the owner may
also employ an alternative monitoring approach that meets subdivision 1
a of this subdivision if approved by the board.]{.underline}

[d. Failure to use a monitoring system that meets the requirements of
this section renders the PAL invalid.]{.underline}

[2. The following are acceptable general monitoring approaches when
conducted in accordance with the minimum requirements in subdivisions 3
through 9 of this subsection:]{.underline}

[a. Mass balance calculations for activities using coatings or
solvents;]{.underline}

[b. CEMS;]{.underline}

[c. CPMS or PEMS; and]{.underline}

[d. Emission factors.]{.underline}

[3. An owner using mass balance calculations to monitor PAL pollutant
emissions from activities using coating or solvents shall meet the
following requirements:]{.underline}

[a. Provide a demonstrated means of validating the published content of
the PAL pollutant that is contained in or created by all materials used
in or at the emissions unit;]{.underline}

[b. Assume that the emissions unit emits all of the PAL pollutant that
is contained in or created by any raw material or fuel used in or at the
emissions unit, if it cannot otherwise be accounted for in the process;
and]{.underline}

[c. Where the vendor of a material or fuel, which is used in or at the
emissions unit, publishes a range of pollutant content from such
material, the owner shall use the highest value of the range to
calculate the PAL pollutant emissions unless the board determines there
is site-specific data or a site-specific monitoring program to support
another content within the range.]{.underline}

[4. An owner using CEMS to monitor PAL pollutant emissions shall meet
the following requirements:]{.underline}

[a. CEMS shall comply with applicable performance specifications found
in 40 CFR Part 60, Appendix B; and]{.underline}

[b. CEMS shall sample, analyze and record data at least every 15 minutes
while the emissions unit is operating.]{.underline}

[5. An owner using CPMS or PEMS to monitor PAL pollutant emissions shall
meet the following requirements:]{.underline}

[a. The CPMS or the PEMS shall be based on current site-specific data
demonstrating a correlation between the monitored parameters and the PAL
pollutant emissions across the range of operation of the emissions unit;
and]{.underline}

[b. Each CPMS or PEMS shall sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
board, while the emissions unit is operating.]{.underline}

[6. An owner using emission factors to monitor PAL pollutant emissions
shall meet the following requirements:]{.underline}

[a. All emission factors shall be adjusted, if appropriate, to account
for the degree of uncertainty or limitations in the factors\'
development;]{.underline}

[b. The emissions unit shall operate within the designated range of use
for the emission factor, if applicable; and]{.underline}

[c. If technically practicable, the owner of a significant emissions
unit that relies on an emission factor to calculate PAL pollutant
emissions shall conduct validation testing to determine a site-specific
emission factor within 6 months of PAL permit issuance, unless the board
determines that testing is not required.]{.underline}

[7. A source owner shall record and report maximum potential emissions
without considering enforceable emission limitations or operational
restrictions for an emissions unit during any period of time that there
is no monitoring data, unless another method for determining emissions
during such periods is specified in the PAL permit.]{.underline}

[8. Notwithstanding the requirements in subdivisions 3 through 7 of this
subdivision, where an owner of an emissions unit cannot demonstrate a
correlation between the monitored parameters and the PAL pollutant
emissions rate at all operating points of the emissions unit, the board
will, at the time of permit issuance:]{.underline}

[a. Establish default values for determining compliance with the PAL
based on the highest potential emissions reasonably estimated at such
operating points; or]{.underline}

[b. Determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameters and
the PAL pollutant emissions is a violation of the PAL.]{.underline}

[9. All data used to establish the PAL pollutant shall be revalidated
through performance testing or other scientifically valid means approved
by the board. Such testing shall occur at least once every five years
after issuance of the PAL.]{.underline}

[N. The requirements for recordkeeping in the PAL permit set forth in
this subsection shall apply to actuals PALs.]{.underline}

[1. The PAL permit shall require an owner to retain a copy of all
records necessary to determine compliance with any requirement of this
section and of the PAL, including a determination of each emissions
unit\'s 12-month rolling total emissions, for five years from the date
of such record.]{.underline}

[2. The PAL permit shall require an owner to retain a copy of the
following records for the duration of the PAL effective period plus five
years:]{.underline}

[a. A copy of the PAL permit application and any applications for
revisions to the PAL; and]{.underline}

[b. Each annual certification of compliance pursuant to the federal
operating permit and the data relied on in certifying the
compliance.]{.underline}

[O. The owner shall submit semi-annual monitoring reports and prompt
deviation reports to the board in accordance with the federal operating
permit program. The reports shall meet the following
requirements:]{.underline}

[1. The semi-annual report shall be submitted to the board within 30
days of the end of each reporting period. This report shall contain the
following information:]{.underline}

[a. The identification of owner and operator and the permit
number.]{.underline}

[b. Total annual emissions (tons per year) based on a 12-month rolling
total for each month in the reporting period recorded pursuant to
subdivision N 1 of this section.]{.underline}

[c. All data relied upon, including, but not limited to, any quality
assurance or quality control data, in calculating the monthly and annual
PAL pollutant emissions.]{.underline}

[d. A list of any emissions units modified or added to the major
stationary source during the preceding 6-month period.]{.underline}

[e. The number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.]{.underline}

[f. A notification of a shutdown of any monitoring system, whether the
shutdown was permanent or temporary, the reason for the shutdown, the
anticipated date that the monitoring system will be fully operational or
replaced with another monitoring system, and whether the emissions unit
monitored by the monitoring system continued to operate, and the
calculation of the emissions of the pollutant or the number determined
by method included in the permit, as provided by subdivision M 7 of this
section.]{.underline}

[g. A signed statement by the responsible official (as defined by the
federal operating permit program) certifying the truth, accuracy, and
completeness of the information provided in the report.]{.underline}

[2. The major stationary source owner shall promptly submit reports of
any deviations or exceedance of the PAL requirements, including periods
where no monitoring is available. A report submitted pursuant to 9 VAC
5-80-110 F 2 B shall satisfy this reporting requirement. The deviation
reports shall be submitted within the time limits prescribed by 9 VAC
5-80-110 F 2 B. The reports shall contain the following
information:]{.underline}

[a. The identification of owner and operator and the permit
number;]{.underline}

[b. The PAL requirement that experienced the deviation or that was
exceeded;]{.underline}

[c. Emissions resulting from the deviation or the exceedance;
and]{.underline}

[d. A signed statement by the responsible official (as defined by the
applicable federal operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the
report.]{.underline}

[3. The owner shall submit to the board the results of any revalidation
test or method within 3 months after completion of such test or
method.]{.underline}

[P. The board will not issue a PAL that does not comply with the
requirements of this section after ~~the effective date of this
revision~~ \[~~February 22~~ September 1\], 2006. The board may
supersede any PAL that was established prior to ~~the effective date of
this revision~~ \[~~February 22~~ September 1\], 2006 with a PAL that
complies with the requirements of this section.]{.underline}

[9 VAC 5-80-1925. Changes to permits.]{.underline}

[A. The general requirements for making changes to permits issued under
this article are as follows:]{.underline}

[1. ~~Changes~~ Except as provided in subdivision 3 of this subsection,
changes to a permit issued under this article shall be made as specified
under subsections B and C of this section and 9 VAC 5-80-1935 through 9
VAC 5-80-1965.]{.underline}

[2. Changes to a permit issued under this article may be initiated by
the permittee as specified in subsection B of this section or by the
board as specified in subsection C of this section.]{.underline}

[3. Changes to a permit issued under this article and incorporated into
a permit issued under Article 1 (9 VAC 5-80-50 et seq.) or Article 3 (9
VAC 5-80-360 et seq.) of this part shall be made as specified in Article
1 (9 VAC 5-80-50 et seq.) or Article 3 (9 VAC 5-80-360 et seq.) of this
part.]{.underline}

[4. ~~This section shall not be applicable to general permits~~ Under no
circumstances may a permit issued under this article be changed in order
to (i) incorporate the terms and conditions necessary to implement any
provision of the new source review program for a project that qualifies
as a modification under the new source review program or (ii)
incorporate the terms and conditions necessary to implement any
provision of the new source review program for a PAL
permit.]{.underline}

[B. The requirements for changes initiated by the permittee are as
follows:]{.underline}

[1. The permittee may initiate a change to a permit by submitting a
written request to the board for an administrative permit amendment, a
minor permit amendment or a significant permit amendment. The
requirements for these permit ~~revisions~~ changes can be found in 9
VAC 5-80-1935 through 9 VAC 5-80-1955.]{.underline}

[2. A request for a change by a permittee shall include a statement of
the reason for the proposed change.]{.underline}

[C. The board may initiate a change to a permit through the use of
permit reopenings as specified in 9 VAC 5-80-1965.]{.underline}

[9 VAC 5-80-1935. Administrative permit amendments.]{.underline}

[A. Administrative permit amendments shall be required for and limited
to the following:]{.underline}

[1. Correction of typographical or any other error, defect or
irregularity which does not substantially affect the
permit.]{.underline}

[2. Identification of a change in the name, address, or phone number of
any person identified in the permit, or of a similar minor
administrative change at the source.]{.underline}

[3. Change in ownership or operational control of a source where the
board determines that no other change in the permit is necessary,
provided that a written agreement containing a specific date for
transfer of permit responsibility, coverage, and liability between the
current and new permittee has been submitted to the board and the
requirements of 9 VAC 5-80-2170 have been fulfilled.]{.underline}

~~[4. The combining of permits under the new source review program as
provided in 9 VAC 5-80-1625 E.]{.underline}~~

[B. The administrative permit amendment procedures are as
follows:]{.underline}

[1. The board will normally take final action on a request for an
administrative permit amendment no more than 60 days from receipt of the
request.]{.underline}

[2. The board will incorporate the changes without providing notice to
the public under 9 VAC 5-80-1775. However, any such permit revisions
shall be designated in the permit amendment as having been made pursuant
to this section.]{.underline}

[3. The owner may implement the changes addressed in the request for an
administrative amendment immediately upon submittal of the
request.]{.underline}

[9 VAC 5-80-1945. Minor permit amendments.]{.underline}

[A. Minor permit amendment procedures shall be used only for those
permit amendments that meet all of the following criteria:]{.underline}

[1. Do not violate any applicable federal requirement~~;~~.]{.underline}

[2. Do not involve significant changes to existing monitoring,
reporting, or record keeping requirements that would make the permit
requirements less stringent, such as a change to the method of
monitoring to be used, a change to the method of demonstrating
compliance or a relaxation of reporting or record keeping
requirements~~;~~.]{.underline}

[3. Do not require or change a case-by-case determination of an emission
limitation or other standard~~;~~.]{.underline}

[4. Do not seek to establish or change a permit term or condition (i)
for which there is no corresponding underlying applicable regulatory
requirement and (ii) that the source has assumed to avoid an applicable
regulatory requirement to which the source would otherwise be subject.
Such terms and conditions include~~:~~]{.underline}

[~~a. An~~, but are not limited to, an emissions cap assumed to avoid
classification as a modification under the new source review program
~~or § 112 of the federal Clean Air Act; and~~ .]{.underline}

~~[b. An alternative emissions limit approved pursuant to regulations
promulgated under § 112(i)(5) of the federal Clean Air
Act;]{.underline}~~

[5. ~~Are not modifications under the new source review program;
and~~]{.underline}

[~~6.~~ Are not required to be processed as a significant amendment
under 9 VAC 5-80-1955; or as an administrative permit amendment under 9
VAC 5-80-1935.]{.underline}

[B. Notwithstanding subsection A of this section, minor permit amendment
procedures may be used for permit amendments that meet any of the
following criteria:]{.underline}

[1. Involve the use of economic incentives, emissions trading, and other
similar approaches, to the extent that such minor permit amendment
procedures are explicitly provided for in a regulation of the board or a
federally-approved program.]{.underline}

[2. Require more frequent monitoring or reporting by the permittee ~~or
to reduce the level of an emissions cap~~.]{.underline}

[3. Designate any term or permit condition that meets the criteria in 9
VAC 5-80-1625 G 1 as state-only enforceable as provided in 9 VAC
5-80-1625 G 2 for any permit issued under this article or any regulation
from which this article is derived.]{.underline}

[C. ~~Notwithstanding subsection A of this section, minor~~ Minor permit
amendment procedures may be used for permit amendments involving the
rescission of a provision of a permit if the board and the owner make a
mutual determination that the provision is rescinded because all of the
underlying statutory or regulatory requirements (i) upon which the
provision is based or (ii) that necessitated inclusion of the provision
are no longer applicable. In order for the underlying statutory or
regulatory requirements to be considered no longer applicable, the
provision of the permit that is being rescinded must not cover a
regulated NSR pollutant.]{.underline}

[D. A request for the use of minor permit amendment procedures shall
include all of the following:]{.underline}

[1. A description of the change, the emissions resulting from the
change, and any new applicable regulatory requirements that will apply
if the change occurs.]{.underline}

[2. A request that such procedures be used.]{.underline}

[E. The public participation requirements of 9 VAC 5-80-1775 shall not
extend to minor permit amendments.]{.underline}

[F. Normally within 90 days of receipt by the board of a complete
request under minor permit amendment procedures, the board will do one
of the following:]{.underline}

[1. Issue the permit amendment as proposed.]{.underline}

[2. Deny the permit amendment request.]{.underline}

[3. Determine that the requested amendment does not meet the minor
permit amendment criteria and should be reviewed under the significant
amendment procedures.]{.underline}

[G. The requirements for making changes are as follows:]{.underline}

[1. The owner may make the change proposed in the minor permit amendment
request immediately after the request is filed.]{.underline}

[2. After the change under subdivision 1 of this subsection is made, and
until the board takes any of the actions specified in subsection F of
this section, the source shall comply with both the applicable
regulatory requirements governing the change and the proposed permit
terms and conditions.]{.underline}

[3. During the time period specified in subdivision 2 of this
subsection, the owner need not comply with the existing permit terms and
conditions the owner seeks to modify. However, if the owner fails to
comply with the proposed permit terms and conditions during this time
period, the existing permit terms and conditions the owner seeks to
modify may be enforced against the owner.]{.underline}

[9 VAC 5-80-1955. Significant amendment procedures.]{.underline}

[A. The criteria for use of significant amendment procedures are as
follows:]{.underline}

[1. Significant amendment procedures shall be used for requesting permit
amendments that do not qualify as minor permit amendments under 9 VAC
5-80-1945 or as administrative amendments under 9 VAC
5-80-1935.]{.underline}

[2. Significant amendment procedures shall be used for those permit
amendments that meet any of the following criteria:]{.underline}

[a. Involve significant changes to existing monitoring, reporting, or
recordkeeping requirements that would make the permit requirements less
stringent, such as a change to the method of monitoring to be used, a
change to the method of demonstrating compliance or a relaxation of
reporting or recordkeeping requirements.]{.underline}

[b. Require or change a case-by-case determination of an emission
limitation or other standard.]{.underline}

[c. Seek to establish or change a permit term or condition (i) for which
there is no corresponding underlying applicable regulatory requirement
and (ii) that the source has assumed to avoid an applicable regulatory
requirement to which the source would otherwise be subject. Such terms
and conditions include~~:~~]{.underline}

[~~(1) An~~ , but are not limited to, an emissions cap assumed to avoid
classification as a modification under the new source review program
~~or § 112 of the federal Clean Air Act; and~~]{.underline}

[~~(2) An alternative emissions limit approved pursuant to regulations
promulgated under § 112(i)(5) of the federal Clean Air
Act~~.]{.underline}

[B. A request for a significant permit amendment shall include a
description of the change, the emissions resulting from the change, and
any new applicable regulatory requirements that will apply if the change
occurs. The applicant may, at his discretion, include a suggested draft
permit amendment.]{.underline}

[C. The provisions of 9 VAC 5-80-1775 shall apply to requests made under
this section.]{.underline}

[D. The board will normally take final action on significant permit
amendments within 90 days after receipt of a complete request. If a
public comment period is required, processing time for a permit is
normally 180 days following receipt of a complete application. The board
may extend this time period if additional information is required or if
a public hearing is conducted under 9 VAC 5-80-1775.]{.underline}

[E. The owner shall not make the change applied for in the significant
amendment request until the amendment is approved by the board under
subsection D of this section.]{.underline}

[9 VAC 5-80-1965. Reopening for cause.]{.underline}

[A. A permit may be reopened and amended under any of the following
situations:]{.underline}

[1. Additional regulatory requirements become applicable to the
emissions units covered by the permit after a permit is issued but prior
to commencement of construction.]{.underline}

[2. The board determines that the permit contains a material mistake or
that inaccurate statements were made in establishing the emissions
standards or other terms or conditions of the permit.]{.underline}

[3. The board determines that the permit must be amended to assure
compliance with the applicable regulatory requirements or that the
conditions of the permit are not sufficient to meet all of the standards
and requirements contained in this article.]{.underline}

~~[4. A new emission standard prescribed under 40 CFR Part 60, 61 or 63
becomes applicable after a permit is issued but prior to initial
startup.]{.underline}~~

[B. Proceedings to reopen and reissue a permit shall follow the same
procedures as apply to initial permit issuance and shall affect only
those parts of the permit for which cause to reopen exists. Such
reopening shall be made as expeditiously as practicable.]{.underline}

[C. Reopenings shall not be initiated before a notice of such intent is
provided to the source by the board at least 30 days in advance of the
date that the permit is to be reopened, except that the board may
provide a shorter time period in the case of an emergency.]{.underline}

9 VAC 5-80-1930. ~~Reactivation and permanent shutdown.~~
[Repealed.]{.underline}

~~A. The reactivation of a stationary source is not subject to
provisions of this article unless a decision concerning shutdown has
been made pursuant to the provisions of subsections B through D of this
section or 9 VAC 5-80-40 P 5.~~

~~B. Upon a final decision by the board that a stationary source is shut
down permanently, the board shall revoke the permit by written
notification to the owner and remove the source from the emission
inventory or consider its emissions to be zero in any air quality
analysis conducted; and the source shall not commence operation without
a permit being issued under the applicable provisions of this chapter.~~

~~C. The final decision shall be rendered as follows:~~

~~1. Upon a determination that the source has not operated for a year or
more, the board shall provide written notification to the owner (i) of
its tentative decision that the source is considered to be shut down
permanently; (ii) that the decision shall become final if the owner
fails to provide, within three months of the notice, written response to
the board that the shutdown is not to be considered permanent; and (iii)
that the owner has a right to a formal hearing on this issue before the
board makes a final decision. The response from the owner shall include
the basis for the assertion that the shutdown is not to be considered
permanent and a projected date for restart-up of the source and shall
include a request for a formal hearing if the owner wishes to exercise
that right.~~

~~2. If the board should find that the basis for the assertion is not
sound or the projected restart-up date allows for an unreasonably long
period of inoperation, the board shall (i) hold a formal hearing on the
issue, if one is requested; or (ii) render a final decision to consider
the shutdown permanent, if no hearing is requested.~~

~~D. Nothing in these regulations shall be construed to prevent the
board and the owner from making a mutual determination that a source is
shut down permanently prior to any final decision rendered under
subsection C of this section.~~

9 VAC 5-80-~~1940~~ [1975]{.underline}. Transfer of permits.

A. No person shall transfer a permit from one location to another, or
from one piece of equipment to another.

B. In the case of a transfer of ownership of a stationary source, the
new owner shall abide by any current permit issued to the previous
owner. The new owner shall notify the board of the change in ownership
within 30 days of the transfer.

C. In the case of a name change of a stationary source, the owner shall
abide by any current permit issued under the previous source name. The
owner shall notify the board of the change in source name within 30 days
of the name change.

D. The provisions of this section concerning the transfer of a permit
from one location to another ~~should~~ [shall]{.underline} not apply to
the relocation of portable facilities that are exempt from the
provisions of ~~9 VAC 5-80-1800 through 9 VAC 5-80-1880~~ [this
article]{.underline} by ~~9 VAC 5-80-1790 D 3~~ [9 VAC 5-80-1695 A
2]{.underline}.

9 VAC 5-80-~~1950~~ [1985]{.underline}. Permit invalidation,
[suspension,]{.underline} revocation, and enforcement.

A. [A permit granted pursuant to this article shall become invalid if a
program of continuous construction~~, reconstruction~~ or modification
is not commenced within ~~the latest of the following time
frames:~~]{.underline}

[~~1. Eighteen~~ 18 months from the date the permit is
granted.]{.underline}

~~[2. Nine months from the date of the issuance of the last permit or
other authorization (other than permits granted pursuant to this
article) from any government entity.]{.underline}~~

~~[3. Nine months from the date of the last resolution of any litigation
concerning any such permits or authorizations (including permits granted
pursuant to this article).]{.underline}~~

[B. A permit granted pursuant to this article shall become invalid if a
program of construction~~, reconstruction~~ or modification is
discontinued for a period of 18 months or more or if a program of
construction~~, reconstruction~~ or modification is not completed within
a reasonable time. This provision does not apply to the period between
construction of the approved phases of a phased construction project;
each phase shall commence construction within 18 months of the projected
and approved commencement date.]{.underline}

[C. The board may extend the periods prescribed in subsections A and B
of this section upon satisfactory demonstration that an extension is
justified. Provided there is no substantive change to the application
information, the review and analysis, and the decision of the board,
such extensions may be granted using the procedures for minor amendments
in 9 VAC 5-80-1945.]{.underline}

[D. Any owner who constructs or operates a source or modification not in
accordance (i) with the application submitted pursuant to this article,
or (ii) with the terms and conditions of any permit to construct or
operate, or any owner of a source or modification subject to this
article who commences construction or operation without applying for and
receiving a permit hereunder, shall be subject to appropriate
enforcement action including, but not limited to, any specified in this
section.]{.underline}

[E.]{.underline} Permits issued under this article shall be subject to
such terms and conditions set forth in the permit as the board may deem
necessary to ensure compliance with all applicable requirements of the
regulations [of the board]{.underline}.

~~B~~ [F]{.underline}. The board may revoke any permit if the permittee:

1\. Knowingly makes material misstatements in the permit application or
any amendments thereto;

2\. Fails to comply with the terms or conditions of the permit;

3\. Fails to comply with any emission standards applicable to an
emissions unit included in the permit;

4\. Causes emissions from the stationary source that result in
violations of, or interfere with the attainment and maintenance of, any
ambient air quality standard; or fails to operate in conformance with
any applicable control strategy, including any emission standards or
emission limitations, in the implementation plan in effect at the time
that an application is submitted; or

5\. Fails to comply with the applicable provisions of this article.

~~C~~ G. The board may suspend, under such conditions and for such
period of time as the board may prescribe, any permit for any of the
grounds for revocation contained in subsection B of this section or for
any other violations of ~~these regulations~~ [the regulations of the
board]{.underline}.

[H. The permittee shall comply with all terms and conditions of the
permit. Any permit noncompliance constitutes a violation of the Virginia
Air Pollution Control Law and is grounds for (i) enforcement action or
(ii) revocation.]{.underline}

~~D~~ [I]{.underline}. Violation of ~~these regulations~~ [the
regulations of the board]{.underline} shall be grounds for revocation of
permits issued under this article and are subject to the civil charges,
penalties and all other relief contained in 9 VAC 5 Chapter 20 (9 VAC
5-20) and the Virginia Air Pollution Control Law.

~~E~~ [J]{.underline}. The board ~~shall~~ [will]{.underline} notify the
applicant in writing of its decision, with its reasons to change,
suspend or revoke a permit, or to render a permit invalid.

9 VAC 5-80-1960. ~~Circumvention.~~ [Repealed.]{.underline}

~~Regardless of the exemptions provided in this article, no owner or
other person shall circumvent the requirements of this section by
causing or allowing a pattern of ownership or development over a
geographic area of a source which, except for the pattern of ownership
or development, would otherwise require a permit.~~

9 VAC 5-80-1970. ~~Review and confirmation of this chapter by board.~~
[Repealed.]{.underline}

~~A. Prior to January 1, 2000, the department shall perform an analysis
of this article and provide the board with a report on the results. The
analysis shall include (i) the purpose and need for the article, (ii)
alternatives which would achieve the stated purpose of this article in a
less burdensome and less intrusive manner, (iii) an assessment of the
effectiveness of this article, (iv) the results of a review of current
state and federal statutory and regulatory requirements, including
identification and justification of requirements of this article which
are more stringent than federal requirements, and (v) the results of a
review as to whether this article is clearly written and easily
understandable by affected entities.~~

~~B. Upon review of the department\'s analysis, the board shall confirm
the need to (i) continue this article without amendment, (ii) repeal of
this article, or (iii) amend this article. If the board\'s decision is
to repeal or amend this article, the board shall authorize the
department to initiate the applicable regulatory process to carry out
the decision of the board.~~

[9 VAC 5-80-1995. Existence of permit no defense.]{.underline}

[The existence of a permit under this article shall not constitute a
defense to a violation of the Virginia Air Pollution Control Law (§
10.1-1300 et seq. of the Code of Virginia) or the regulations of the
board and shall not relieve any owner of the responsibility to comply
with any applicable regulations, laws, ordinances and orders of the
governmental entities having jurisdiction.]{.underline}

ARTICLE 9.

Permits for Major Stationary Sources and Major Modifications

Locating in Nonattainment Areas or the Ozone Transport Region.

(replaces 9 VAC 5-80-30)

9 VAC 5-80-2000. Applicability.

A. The provisions of this article apply to ~~any person seeking to
construct or reconstruct~~ [the construction of]{.underline} any new
major stationary source or ~~to make~~ a major modification ~~to a major
stationary source, if the source or modification is or would be~~ [that
is]{.underline} major for the pollutant for which the area is designated
as nonattainment.

B. The provisions of this article apply in (i) nonattainment areas
designated in 9 VAC 5-20-204, or (ii) the Ozone Transport Region as
defined in 9 VAC 5-80-2010 C. This article applies to all localities in
the Ozone Transport Region regardless of a locality\'s nonattainment
status.

C. [If the Ozone Transport Region is designated attainment for
ozone,]{.underline} sources located or planning to locate in the ~~Ozone
Transport Region~~ [region]{.underline} shall be subject to the offset
requirements for areas classified as moderate in 9 VAC 5-80-2120 B 2.
[If the Ozone Transport Region is designated nonattainment for ozone,
sources located or planning to locate in the region shall be subject to
the offset requirements of 9 VAC 5-80-2120 B depending on the
classification except if the classification is marginal or there is no
classification, the classification shall be moderate for purpose of
applying 9 VAC 5-80-2120 B.]{.underline}

D. At such time that a particular source or modification becomes a major
stationary source or major modification solely by virtue of a relaxation
in any enforceable limitation which was established after August 7,
1980, on the capacity of the source or modification otherwise to emit a
pollutant, such as a restriction on hours of operation, then the
requirements of this article shall apply to the source or modification
as though construction had not commenced on the source or modification.

E. ~~Where a source is constructed or modified in contemporaneous
increments which individually are not subject to approval under this
article and which are not part of a program of construction or
modification in planned incremental phases approved by the board, all
such increments shall be added together for determining the
applicability of this article. An incremental change is contemporaneous
with the particular change only if it occurs between the date five years
before construction on the particular change commences and the date that
the increase from the particular change occurs.~~

~~F.~~ Unless specified otherwise, the provisions of this article apply
as follows:

1\. Provisions referring to \"sources,\" \"new and/or modified sources\"
or \"stationary sources\" apply to the construction~~, reconstruction~~
~~or modification~~ of all major stationary sources and major
modifications.

2\. Any emissions units or pollutants not subject to the provisions of
this article may be subject to the provisions of Article 6 (9 VAC
5-80-1100 et seq.), Article 7 (9 VAC 5-80-1400 et seq.), or Article 8 (9
VAC 5‑80‑~~1700~~ [1605]{.underline} et seq.) of this part.

3\. Provisions referring to \"state and federally enforceable\" and
\"federally and state enforceable\" or similar wording shall mean
\"state-only enforceable\" for terms and conditions of a permit
designated state-only enforceable under 9 VAC 5-80-2020 ~~E~~
~~[F]{.underline}~~ [E]{.underline}.

[F. ~~For purposes of applying subsection G of this section and other
provisions of this article, the effective date of the amendments adopted
by the board on \[insert adoption date\] shall be the date 30 days after
the date on which a notice is published in the Virginia Register
acknowledging that the administrator has approved the amendments adopted
by the board on \[insert adoption date\].~~]{.underline}

[~~G.~~ Unless otherwise approved by the board or prescribed in these
regulations, when this article is amended, the previous provisions of
this article shall remain in effect for all applications that are deemed
complete under the provisions of ~~subsection A of~~ 9 VAC 5-80-2060 A
prior to ~~the effective date of the amended article~~ \[~~February 22~~
September 1\], 2006. Any permit applications that have not been
determined to be complete as of ~~the effective date of the amendments~~
\[~~February 22~~ September 1\], 2006 shall be subject to the new
provisions.]{.underline}

~~G~~ [~~H~~ G]{.underline}. Regardless of the exemptions provided in
this article, no owner or other person shall circumvent the requirements
of this article by causing or allowing a pattern of ownership or
development over a geographic area of a source which, except for the
pattern of ownership or development, would otherwise require a permit.

[~~I~~ H. The requirements of this article will be applied in accordance
with the following principles:]{.underline}

[1. Except as otherwise provided in ~~subsections J and K~~ subsection I
of this section, and consistent with the definition of "major
modification," a project is a major modification for a regulated NSR
pollutant if it causes two types of emissions increases: (i) a
significant emissions increase, and (ii) a significant net emissions
increase. A project is not a major modification if it does not cause a
significant emissions increase. If a project causes a significant
emissions increase, then the project is a major modification only if it
also results in a significant net emissions increase.]{.underline}

[2. The procedure for calculating (before beginning actual construction)
whether a significant emissions increase (i.e., the first step of the
process) will occur depends upon the type of emissions units being
modified, according to subdivisions 3 ~~through 6~~ and 4 of this
subsection. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the source (i.e., the second step of the process) is contained in the
definition of "net emissions increase." Regardless of any such
preconstruction projections, a major modification results if the project
causes a significant emissions increase and a significant net emissions
increase.]{.underline}

[3. The actual-to-projected-actual applicability test for projects that
only involve existing emissions units shall be as provided in this
subdivision. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
projected actual emissions and the baseline actual emissions for each
existing emissions unit, equals or exceeds the significant amount for
that pollutant.]{.underline}

[4. The actual-to-potential test for projects that only involve
construction of a new emissions unit shall be as provided in this
subdivision. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
potential to emit from each new emissions unit following completion of
the project and the baseline actual emissions of these units before the
project equals or exceeds the significant amount for that
pollutant.]{.underline}

\[[5. ~~The emission test for projects that involve Clean Units shall be
as provided in this subdivision. For a project that will be constructed
and operated at a Clean Unit without causing the emissions unit to lose
its Clean Unit designation, no emissions increase is deemed to
occur.~~]{.underline}

[~~6~~. The hybrid test for projects that involve multiple types of
emissions units shall be as provided in this subdivision. A significant
emissions increase of a regulated NSR pollutant is projected to occur if
the sum of the emissions increases for each emissions unit, using the
method specified in subdivisions 3 ~~through 5~~ and 4 of this
subsection as applicable with respect to each emissions unit, for each
type of emissions unit ~~equals or exceeds~~ is ~~the~~ significant
~~amount~~ for that pollutant. For example, if a project involves both
an existing emissions unit and a ~~Clean Unit~~ new unit, the projected
increase is determined by summing the values determined using the method
specified in subdivision 3 of this subsection for the existing unit and
using the method specified in subdivision ~~5~~ 4 of this subsection for
the ~~Clean Unit~~ new unit.]{.underline}\]

[~~J~~ I. For any major stationary source for a PAL for a regulated NSR
pollutant, the major stationary source shall comply with the
requirements under 9 VAC 5-80-2144.]{.underline}

~~[K. An owner undertaking a PCP shall comply with the requirements
under 9 VAC 5-80-2143.]{.underline}~~

[~~L~~ J. The provisions of 40 CFR Part 60, Part 61 and Part 63 cited in
this article apply only to the extent that they are incorporated by
reference in Article 5 (9 VAC 5-50-400 et seq.) of Part II of 9 VAC 5
Chapter 50 and Article 1 (9 VAC 5-60-60 et seq.) and Article 2 (9 VAC
5-60-90 et seq.) of Part II of 9 VAC 5 Chapter 60.]{.underline}

[~~M~~ K. The provisions of 40 CFR Part 51 and Part 58 cited in this
article apply only to the extent that they are incorporated by reference
in 9 VAC 5-20-21.]{.underline}

9 VAC 5-80-2010. Definitions.

A. As used in this article, all words or terms not defined here shall
have the meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5‑10‑10 et
seq.), unless otherwise required by context.

B. For the purpose of this article, 9 VAC 5‑50‑270 and any related use,
the words or terms shall have the meaning given them in subsection C of
this section.

C. Terms defined.

\"Actual emissions\" means the actual rate of emissions of a [regulated
NSR]{.underline} pollutant from an emissions unit, as determined in
accordance with subdivisions a through c of this definition[, except
that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL
under 9 VAC 5-80-2144. Instead, the definitions of \"projected actual
emissions\" and \"baseline actual emissions\" shall apply for those
purposes]{.underline}.

a\. In general, actual emissions as of a particular date shall equal the
average rate, in tons per year, at which the unit actually emitted the
pollutant during a ~~two‑year~~ [consecutive 24-month]{.underline}
period which precedes the particular date and which is representative of
normal source operation. The board ~~shall~~ [will]{.underline} allow
the use of a different time period upon a determination that it is more
representative of normal source operation. Actual emissions shall be
calculated using the unit\'s actual operating hours, production rates,
and types of materials processed, stored, or combusted during the
selected time period.

b\. The board may presume that the source‑specific allowable emissions
for the unit are equivalent to the actual emissions of the unit.

c\. For any emissions unit ~~which~~ [that]{.underline} has not begun
normal operations on the particular date, actual emissions shall equal
the potential to emit of the unit on that date.

[\"Actuals PAL for a major stationary source\" means a PAL based on the
baseline actual emissions of all emissions units at the source, that
emit or have the potential to emit the PAL pollutant.]{.underline}

\"Administrator\" means the administrator of the U.S. Environmental
Protection Agency (EPA) or an authorized representative.

\"Allowable emissions\" means the emissions rate of a stationary source
calculated using the maximum rated capacity of the source (unless the
source is subject to federally and state enforceable limits which
restrict the operating rate, or hours of operation, or both) and the
most stringent of the following:

a\. The applicable standards set forth in 40 CFR 60 ~~and 61~~[, 61, and
63]{.underline};

b\. Any applicable implementation plan emissions limitation including
those with a future compliance date; or

c\. The emissions limit specified as a federally and state enforceable
permit condition, including those with a future compliance date.

[For the purposes of actuals PALs, \"allowable emissions\" shall also be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit\'s potential to
emit.]{.underline}

\"Applicable federal requirement\" means all of[, but not limited
to,]{.underline} the following as they apply to emissions units in a
source subject to this article (including requirements that have been
promulgated or approved by the administrator through rulemaking at the
time of permit issuance but have future-effective compliance dates):

a\. Any standard or other requirement provided for in an implementation
plan established pursuant to § 110 or § 111(d) of the federal Clean Air
Act, including any source-specific provisions such as consent agreements
or orders.

b\. Any limit or condition in any construction permit issued under the
new source review program or in any operating permit issued pursuant to
the state operating permit program.

c\. Any emission standard, alternative emission standard, alternative
emission limitation, equivalent emission limitation or other requirement
established pursuant to § 112 or § 129 of the federal Clean Air Act as
amended in 1990.

d\. Any new source performance standard or other requirement established
pursuant to § 111 of the federal Clean Air Act, and any emission
standard or other requirement established pursuant to § 112 of the
federal Clean Air Act before it was amended in 1990.

e\. Any limitations and conditions or other requirement in a Virginia
regulation or program that has been approved by EPA under subpart E of
40 CFR Part 63 for the purposes of implementing and enforcing § 112 of
the federal Clean Air Act.

f\. Any requirement concerning accident prevention under § 112(r)(7) of
the federal Clean Air Act.

g\. Any compliance monitoring requirements established pursuant to
either § 504(b) or § 114(a)(3) of the federal Clean Air Act.

h\. Any standard or other requirement for consumer and commercial
products under § 183(e) of the federal Clean Air Act.

i\. Any standard or other requirement for tank vessels under § 183(f) of
the federal Clean Air Act.

j\. Any standard or other requirement in 40 CFR Part 55 to control air
pollution from outer continental shelf sources.

k\. Any standard or other requirement of the regulations promulgated to
protect stratospheric ozone under Title VI of the federal Clean Air Act,
unless the administrator has determined that such requirements need not
be contained in a permit issued under this article.

l\. With regard to temporary sources subject to 9 VAC 5-80-130, (i) any
ambient air quality standard, except applicable state requirements, and
(ii) requirements regarding increments or visibility as provided in
Article 8 (9 VAC 5-80-~~1700~~ [1605]{.underline} et seq.) of this part.

[\"Baseline actual emissions\" means the rate of emissions, in tons per
year, of a regulated NSR pollutant, as determined in accordance with the
following:]{.underline}

[a. For any existing electric utility steam generating unit, baseline
actual emissions means the average rate, in tons per year, at which the
unit actually emitted the pollutant during any consecutive 24-month
period selected by the owner within the 5-year period immediately
preceding when the owner begins actual construction of the project. The
board may allow the use of a different time period upon a determination
that it is more representative of normal source operation.]{.underline}

[(1) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.]{.underline}

[(2) The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.]{.underline}

[(3) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for the emissions units being
changed. The same consecutive 24-month period shall be used for each
different regulated NSR pollutant unless the owner can demonstrate to
the satisfaction of the board that a different consecutive 24-month
period for a different pollutant or pollutants is more appropriate due
to extenuating circumstances.]{.underline}

[(4) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by subdivision a (2) of this definition.]{.underline}

[b. For an existing emissions unit other than an electric utility steam
generating unit, baseline actual emissions means the average rate, in
tons per year, at which the emissions unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner
within the 5-year period immediately preceding either the date the owner
begins actual construction of the project, or the date a complete permit
application is received by the board for a permit required either under
this section or under a plan approved by the administrator, whichever is
earlier, except that the 5-year period shall not include any period
earlier than November 15, 1990. The board will allow the use of a
different time period upon a determination that it is more
representative of normal source operation.]{.underline}

[(1) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.]{.underline}

[(2) The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.]{.underline}

[(3) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
source shall currently comply, had such source been required to comply
with such limitations during the consecutive 24-month period. However,
if an emission limitation is part of a maximum achievable control
technology standard that the administrator proposed or promulgated under
40 CFR Part 63, the baseline actual emissions need only be adjusted if
the state has taken credit for such emissions reductions in an
attainment demonstration or maintenance plan consistent with the
requirements of 9 VAC 5-80-2120 K.]{.underline}

[(4) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for the emissions units being
changed. The same consecutive 24-month period shall be used for each
different regulated NSR pollutant unless the owner can demonstrate to
the satisfaction of the board that a different consecutive 24-month
period for a different pollutant or pollutants is more appropriate due
to extenuating circumstances.]{.underline}

[(5) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by subdivisions b (2) and b (3) of this definition.]{.underline}

[c. For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial
construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit\'s potential to
emit.]{.underline}

[d. For a PAL for a major stationary source, the baseline actual
emissions shall be calculated for existing electric utility steam
generating units in accordance with the procedures contained in
subdivision a of this definition, for other existing emissions units in
accordance with the procedures contained in subdivision b of this
definition, and for a new emissions unit in accordance with the
procedures contained in subdivision c of this definition.]{.underline}

\"Begin actual construction\" means, in general, initiation of physical
on‑site construction activities on an emissions unit which are of a
permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying of underground
pipework, and construction of permanent storage structures. With respect
to a change in method of operation, this term refers to those on‑site
activities other than preparatory activities which mark the initiation
of the change.

[\"Best available control technology\" means an emissions limitation
(including a visible emissions standard) based on the maximum degree of
reduction for each regulated NSR pollutant that would be emitted from
any proposed major stationary source or major modification that the
board, on a case‑by‑case basis, taking into account energy,
environmental, and economic impacts and other costs, determines is
achievable for such source or modification through application of
production processes or available methods, systems, and techniques,
including fuel cleaning or treatment or innovative fuel combustion
techniques for control of such pollutant. In no event shall application
of best available control technology result in emissions of any
pollutant that would exceed the emissions allowed by any applicable
standard under 40 CFR Parts 60, 61, and 63. If the board determines that
technological or economic limitations on the application of measurement
methodology to a particular emissions unit would make the imposition of
an emissions standard infeasible, a design, equipment, work practice,
operational standard, or combination thereof, may be prescribed instead
to satisfy the requirement for the application of best available control
technology. Such standard shall, to the degree possible, set forth the
emissions reduction achievable by implementation of such design,
equipment, work practice or operation, and shall provide for compliance
by means which achieve equivalent results.]{.underline}

\"Building, structure, facility, or installation\" means all of the
pollutant‑emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant‑emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same \"major group\" (i.e., which have the same
two‑digit code) as described in the \"Standard Industrial Classification
Manual\" (see 9 VAC 5‑20-21).

[\"Clean coal technology\" means any technology, including technologies
applied at the precombustion, combustion, or post-combustion stage, at a
new or existing facility that will achieve significant reductions in air
emissions of sulfur dioxide or nitrogen oxides associated with the
utilization of coal in the generation of electricity, or process steam
that was not in widespread use as of November 15, 1990.]{.underline}

[\"Clean coal technology demonstration project\" means a project using
funds appropriated under the heading \"Department of Energy-Clean Coal
Technology,\" up to a total amount of \$2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for the U.S. EPA. The federal contribution for a
qualifying project shall be at least 20% of the total cost of the
demonstration project.]{.underline}

~~[\"Clean Unit\" means any emissions unit that has been issued a major
NSR permit that requires compliance with BACT or LAER, that is complying
with such BACT or LAER requirements, and qualifies as a Clean Unit
pursuant to 9 VAC 5-80-2141; or any emissions unit that has been
designated by a board as a Clean Unit, based on the criteria in 9 VAC
5-80-2142 C 1 through C 4; or any emissions unit that has been
designated as a Clean Unit by the administrator in accordance with 40
CFR 52.21(y)(3)(i) through (iv).]{.underline}~~

\"Commence,\" as applied to construction of a major stationary source or
major modification, means that the owner has all necessary
preconstruction approvals or permits and either has:

a\. Begun, or caused to begin, a continuous program of actual on‑site
construction of the source, to be completed within a reasonable time; or

b\. Entered into binding agreements or contractual obligations, which
cannot be canceled or modified without substantial loss to the owner, to
undertake a program of actual construction of the source, to be
completed within a reasonable time.

\"Complete application\" means that the application contains all the
information necessary for processing the application and the provisions
of § 10.1‑1321.1 of the Virginia Air Pollution Control Law have been
met. Designating an application complete for purposes of permit
processing does not preclude the board from requesting or accepting
additional information.

\"Construction\" means any physical change or change in the method of
operation (including fabrication, erection, installation, demolition, or
modification of an emissions unit) ~~which~~ [that]{.underline} would
result in a change in actual emissions.

[\"Continuous emissions monitoring system (CEMS)\" means all of the
equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.]{.underline}

\"[Continuous emissions rate monitoring system (CERMS)\" means the total
equipment required for the determination and recording of the pollutant
mass emissions rate (in terms of mass per unit of time).]{.underline}

\"[Continuous parameter monitoring system (CPMS)\" means all of the
equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O~2~ or CO~2~ concentrations), and to record average operational
parameter values on a continuous basis.]{.underline}

~~[\"Effective date of this revision\" means the effective date
determined in accordance with 9 VAC 5-80-2000 F.]{.underline}~~

[\"Electric utility steam generating unit\" means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 megawatt electrical output to any utility power distribution system
for sale. Any steam supplied to a steam distribution system for the
purpose of providing steam to a steam-electric generator that would
produce electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.]{.underline}

\"Emissions cap\" means any limitation on the rate of emissions of any
~~regulated~~ air pollutant from one or more emissions units established
and identified as an emissions cap in any permit issued pursuant to the
new source review program or operating permit program.

\"Emissions unit\" means any part of a stationary source which emits or
would have the potential to emit ~~any pollutant subject to regulation
under the federal Clean Air Act~~ [any regulated NSR pollutant and
includes an electric steam generating unit. For purposes of this
article, there are two types of emissions units: (i) a new emissions
unit is any emissions unit that is (or will be) newly constructed and
that has existed for less than two years from the date such emissions
unit first operated; and (ii) an existing emissions unit is any
emissions unit that is not a new emissions unit]{.underline}.

\"Enforceable as a practical matter\" means that the permit contains
emission limitations that are enforceable by the board or the department
and meet the following criteria:

a\. Are permanent;

b\. Contain a legal obligation for the owner to adhere to the terms and
conditions;

c\. Do not allow a relaxation of a requirement of the implementation
plan;

d\. Are technically accurate and quantifiable;

e\. Include averaging times or other provisions that allow at least
monthly (or a shorter period if necessary to be consistent with the
implementation plan) checks on compliance. This may include, but not be
limited to, the following: compliance with annual limits in a rolling
basis, monthly or shorter limits, and other provisions consistent with
~~9 VAC 5-80-2050~~ [this article]{.underline} and other regulations of
the board; and

f\. Require a level of recordkeeping, reporting and monitoring
sufficient to demonstrate compliance.

\"[Federal land manager\" means, with respect to any lands in the United
States, the secretary of the department with authority over such
lands.]{.underline}

\"Federally enforceable\" means all limitations and conditions which are
enforceable by the administrator and citizens under the federal Clean
Air Act or that are enforceable under other statutes administered by the
administrator. Federally enforceable limitations and conditions include,
but are not limited to the following:

a\. Emission standards, alternative emission standards, alternative
emission limitations, and equivalent emission limitations established
pursuant to § 112 of the federal Clean Air Act as amended in 1990.

b\. New source performance standards established pursuant to § 111 of
the federal Clean Air Act, and emission standards established pursuant
to § 112 of the federal Clean Air Act before it was amended in 1990.

c\. All terms and conditions [(unless expressly designated as not
federally enforceable)]{.underline} in a federal operating permit,
including any provisions that limit a source\'s potential to emit~~,
unless expressly designated as not federally enforceable~~.

d\. Limitations and conditions that are part of an implementation plan
established pursuant to § 110 ~~or § 111(d)~~, [§ 111(d), or §
129]{.underline} of the federal Clean Air Act.

e\. Limitations and conditions [(unless expressly designated as not
federally enforceable)]{.underline} that are part of a federal
construction permit issued under 40 CFR 52.21 or any construction permit
issued under regulations approved by EPA ~~in accordance with 40 CFR
Part 51~~ [into the implementation plan]{.underline}.

f\. Limitations and conditions [(unless expressly designated as not
federally enforceable)]{.underline} that are part of ~~an~~ [a
state]{.underline} operating permit ~~issued pursuant to a program
approved by EPA into a SIP as meeting EPA\'s minimum criteria for
federal enforceability, including adequate notice and opportunity for
EPA and public comment prior to issuance of the final permit and
practicable enforceability~~ [where the permit and the permit program
pursuant to which it was issued meet all of the following
criteria:]{.underline}

[(1) The operating permit program has been approved by the EPA into the
implementation plan under §110 of the federal Clean Air
Act.]{.underline}

[(2) The operating permit program imposes a legal obligation that
operating permit holders adhere to the terms and limitations of such
permits and provides that permits that do not conform to the operating
permit program requirements and the requirements of EPA's underlying
regulations may be deemed not "federally enforceable" by
EPA.]{.underline}

[(3) The operating permit program requires that all emission
limitations, controls, and other requirements imposed by such permits
will be at least as stringent as any other applicable limitations and
requirements contained in the implementation plan or enforceable under
the implementation plan, and that the program may not issue permits that
waive, or make less stringent, any limitations or requirements contained
in or issued pursuant to the implementation plan, or that are otherwise
"federally enforceable."]{.underline}

[(4) The limitations, controls, and requirements in the permit in
question are permanent, quantifiable, and otherwise enforceable as a
practical matter.]{.underline}

[(5) The permit in question was issued only after adequate and timely
notice and opportunity for comment by the EPA and the
public.]{.underline}

g\. Limitations and conditions in a ~~Virginia~~ regulation [of the
board]{.underline} or program that has been approved by EPA under
subpart E of 40 CFR Part 63 for the purposes of implementing and
enforcing § 112 of the federal Clean Air Act.

h\. Individual consent agreements that EPA has legal authority to
create.

[\"Federal operating permit\" means a permit issued under the federal
operating permit program.]{.underline}

["Federal operating permit program" means an operating permit system (i)
for issuing terms and conditions for major stationary sources, (ii)
established to implement the requirements of Title V of the federal
Clean Air Act and associated regulations, and (iii) codified in Article
1 (9 VAC 5-80-50 et seq.), Article 2 (9 VAC 5-80-310 et seq.), Article 3
(9 VAC 5-80-360 et seq.), and Article 4 (9 VAC 5-80-710 et seq.) of this
part.]{.underline}

~~\"Fixed capital cost\" means the capital needed to provide all the
depreciable components.~~

\"Fugitive emissions\" means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.

\"Lowest achievable emission rate [(LAER)]{.underline}\" means for any
source, the more stringent rate of emissions based on the following:

a\. The most stringent emissions limitation which is contained in the
implementation plan of any state for such class or category of
stationary source, unless the owner of the proposed stationary source
demonstrates that such limitations are not achievable; or

b\. The most stringent emissions limitation which is achieved in
practice by such class or category of stationary sources. This
limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within the
stationary source. In no event shall the application of this term permit
a proposed new or modified stationary source to emit any pollutant in
excess of the amount allowable under an applicable new source standard
of performance.

[\"Major emissions unit\" means (i) any emissions unit that emits or has
the potential to emit 100 tons per year or more of the PAL pollutant in
an attainment area; or (ii) any emissions unit that emits or has the
potential to emit the PAL pollutant in an amount that is equal to or
greater than the major source threshold for the PAL pollutant for
nonattainment areas in subdivision ~~a 1~~ a (1) of the definition of
"major stationary source."]{.underline}

\"Major modification\"

a\. Means any physical change in or change in the method of operation of
a major stationary source that would result in [(i)]{.underline} a
significant ~~net~~ emissions increase of ~~any qualifying nonattainment
pollutant~~ [a regulated NSR pollutant; and]{.underline}

[(ii) a significant net emissions increase of that pollutant from the
source]{.underline}.

b\. Any ~~net~~ [significant]{.underline} emissions increase [from any
emissions units or net emissions increase at a source]{.underline} that
is considered significant for volatile organic compounds shall be
considered significant for ozone.

c\. A physical change or change in the method of operation shall not
include [the following]{.underline}:

\(1\) Routine maintenance, repair and replacement~~;~~[,]{.underline}

\(2\) [Use of an alternative fuel or raw material by reason of an order
under §§ 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plan pursuant to the Federal Power
Act.]{.underline}

[(3) Use of an alternative fuel by reason of an order or rule §125 of
the federal Clean Air Act.]{.underline}

[(4) Use of an alternative fuel at a steam generating unit to the extent
that the fuel is generated from municipal solid waste.]{.underline}

[(5)]{.underline} Use of an alternative fuel or raw material by a
stationary source which:

\(a\) The source was capable of accommodating before December 21, 1976,
unless such change would be prohibited under any federally and state
enforceable permit condition which was established after December 21,
1976, pursuant to 40 CFR 52.21 or this chapter; or

\(b\) The source is approved to use under any permit issued under 40 CFR
52.21 or this chapter; [and]{.underline}

[(c) The owner demonstrates to the board that as a result of trial burns
at the source or other sources or other sufficient data that the
emissions resulting from the use of the alternative fuel or raw material
supply are decreased.]{.underline}

(~~3~~ [6]{.underline}) An increase in the hours of operation or in the
production rate, unless such change is prohibited under any federally
and state enforceable permit condition which was established after
December 21, 1976, pursuant to 40 CFR 52.21 or this chapter.

\(7\) Any change in ownership at a stationary source.

[(8) ~~The addition, replacement or use of a PCP at an existing
emissions unit meeting the requirements of 9 VAC 5-80-2143. A
replacement control technology shall provide more effective emissions
control than that of the replaced control technology to qualify for this
exclusion.~~]{.underline}

[~~(9)~~ The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:]{.underline}

[(a) The applicable implementation plan, and]{.underline}

[(b) Other requirements necessary to attain and maintain the national
ambient air quality standard during the project and after it is
terminated.]{.underline}

[d. This definition shall not apply with respect to a particular
regulated NSR pollutant when the source is complying with the
requirements under 9 VAC 5-80-2144 for a PAL for that pollutant.
Instead, the definition for \"PAL major modification\" shall
apply.]{.underline}

~~\"Major new source review (major NSR)\" means a program for the
preconstruction review of changes which are subject to review as new
major stationary sources or major modifications under Article 7 (9 VAC
5‑80‑1400 et seq.), Article 8 (9 VAC 5‑80‑1700 et seq.) or Article 9 (9
VAC 5‑80‑2000 et seq.) of this part.~~

["Major new source review (NSR) permit" means a permit issued under the
major new source review program.]{.underline}

[\"Major new source review (major NSR) program\" means a preconstruction
review and permit program (i) for new major stationary sources or major
modifications (physical changes or changes in the method of operation),
(ii) established to implement the requirements of §§ 112, 165 and 173 of
the federal Clean Air Act and associated regulations, and (iii) codified
in Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et
seq.) and Article 9 (9 VAC 5-80-2000 et seq.) of this part.]{.underline}

\"Major stationary source\"

a\. Means:

\(1\) Any stationary source of air pollutants which emits, or has the
potential to emit, (i) 100 tons per year or more of ~~any
nonattainment~~ [a regulated NSR]{.underline} pollutant, or (ii) 50 tons
per year or more of volatile organic compounds or nitrogen oxides in
ozone nonattainment areas classified as serious in 9 VAC 5‑20-204, or
(iii) 25 tons per year or more of volatile organic compounds or nitrogen
oxides in ozone nonattainment areas classified as severe in 9 VAC
5-20-204, or (iv) 100 tons per year or more of nitrogen oxides or 50
tons per year of volatile organic compounds in the Ozone Transport
Region; or

\(2\) Any physical change that would occur at a stationary source not
qualifying under subdivision a (1) of this definition as a major
stationary source, if the change would constitute a major stationary
source by itself.

b\. A major stationary source that is major for volatile organic
compounds shall be considered major for ozone.

c\. The fugitive emissions of a stationary source shall not be included
in determining for any of the purposes of this article whether it is a
major stationary source, unless the source belongs to one of the
following categories of stationary sources:

\(1\) Coal cleaning plants (with thermal dryers).

\(2\) Kraft pulp mills.

\(3\) Portland cement plants.

\(4\) Primary zinc smelters.

\(5\) Iron and steel mills.

\(6\) Primary aluminum ore reduction plants.

\(7\) Primary copper smelters.

\(8\) Municipal incinerators (or combinations of them) capable of
charging more than 250 tons of refuse per day.

\(9\) Hydrofluoric acid plants.

\(10\) Sulfuric acid plants.

\(11\) Nitric acid plants.

\(12\) Petroleum refineries.

\(13\) Lime plants.

\(14\) Phosphate rock processing plants.

\(15\) Coke oven batteries.

\(16\) Sulfur recovery plants.

\(17\) Carbon black plants (furnace process).

\(18\) Primary lead smelters.

\(19\) Fuel conversion plants.

\(20\) Sintering plants.

\(21\) Secondary metal production plants.

\(22\) Chemical process plants.

\(23\) Fossil‑fuel boilers (or combination of them) totaling more than
250 million British thermal units per hour heat input.

\(24\) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels.

\(25\) Taconite ore processing plants.

\(26\) Glass fiber manufacturing plants.

\(27\) Charcoal production plants.

\(28\) Fossil fuel steam electric plants of more than 250 million
British thermal units per hour heat input.

\(29\) Any other stationary source category which, as of August 7, 1980,
is being regulated under ~~Section 111 or 112 of the federal Clean Air
Act~~ [40 CFR Part 60, 61, or 63]{.underline}.

~~\"Minor new source review (minor NSR)\" means a program for the
preconstruction review of changes which are subject to review as new or
modified sources and which do not qualify as new major stationary
sources or major modifications under Article 7 (9 VAC 5‑80‑1400 et
seq.), Article 8 (9 VAC 5‑80‑1700 [1605]{.underline} et seq.) or Article
9 (9 VAC 5‑80‑2000 et seq.) of this part.~~

["Minor new source review (NSR) permit" means a permit issued under the
minor new source review program.]{.underline}

[\"Minor new source review (minor NSR) program\" means a preconstruction
review and permit program (i) for new stationary sources or
modifications (physical changes or changes in the method of operation)
that do not qualify for review under the major new source review
program, (ii) established to implement the requirements of §§ 110
(a)(2)(C) and 112 of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.)
of this part.]{.underline}

\"Necessary preconstruction approvals or permits\" means those permits
~~or approvals~~ required under ~~federal air quality control laws and
regulations, and those air quality control laws and regulations~~ [the
NSR program]{.underline} ~~which~~ [that]{.underline} are part of the
applicable implementation plan.

\"Net emissions increase\"

a\. Means[, with respect to any regulated NSR pollutant emitted by a
major stationary source,]{.underline} the amount by which the sum of the
following exceeds zero:

\(1\) ~~Any~~ [The]{.underline} increase in ~~actual~~ emissions from a
particular physical change or change in the method of operation at a
stationary source [as calculated pursuant to 9 VAC 5-80-2000 ~~I~~
H]{.underline}; and

\(2\) Any other increases and decreases in actual emissions at the
[major stationary]{.underline} source that are contemporaneous with the
particular change and are otherwise creditable. [Baseline actual
emissions for calculating increases and decreases under this subdivision
shall be determined as provided in the definition of "baseline actual
emissions," except that subdivisions a (3) and b (4) of that definition
shall not apply.]{.underline}

b\. An increase or decrease in actual emissions is contemporaneous with
the increase from the particular change only if it occurs before the
date that the increase from the particular change occurs. For sources
located in ozone nonattainment areas classified as serious or severe in
9 VAC 5‑20-204, an increase or decrease in actual emissions of volatile
organic compounds or nitrogen oxides is contemporaneous with the
increase from the particular change only if it occurs during a period of
five consecutive calendar years which includes the calendar year in
which the increase from the particular change occurs.

c\. An increase or decrease in actual emissions is creditable only if:

\(1\) It occurs between the date five years before construction on the
[particular]{.underline} change ~~specified in subdivision a (1) of this
definition~~ commences and the date that the increase ~~specified in
subdivision a (1) of this definition~~ [from the particular
change]{.underline} occurs; ~~and~~ [and]{.underline}

\(2\) The board has not relied on it in issuing a permit for the source
pursuant to this \[~~chapter~~ [article]{.underline}\] which permit is
in effect when the increase in actual emissions from the particular
change occurs~~[; and]{.underline}~~

~~[(3) The increase or decrease in emissions did not occur at a Clean
Unit, except as provided in 9 VAC 5-80-2141 H and 9 VAC 5-80-2142
J]{.underline}~~.

d\. An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.

e\. A decrease in actual emission is creditable only to the extent that:

\(1\) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;

\(2\) It is ~~federally and state~~ enforceable [as a practical
matter]{.underline} at and after the time that actual construction on
the particular change begins;

\(3\) The board has not relied on it in issuing any permit pursuant to
this chapter or the board has not relied on it in demonstrating
attainment or reasonable further progress in the implementation plan;
~~and~~ [and]{.underline}

\(4\) It has approximately the same qualitative significance for public
health and welfare as that attributed to the increase from the
particular change~~[; and]{.underline}~~

~~(5) [The decrease in actual emissions did not result from the
installation of add-on control technology or application of pollution
prevention practices that were relied on in designating an emissions
unit as a Clean Unit under 40 CFR 52.21(y) or under regulations approved
pursuant to 9 VAC 5-80-1855 or 9 VAC 5-80-2142. That is, once an
emissions unit has been designated as a Clean Unit, the owner cannot
later use the emissions reduction from the air pollution control
measures that the Clean Unit designation is based on in calculating the
net emissions increase for another emissions unit (i.e., shall not use
that reduction in a \"netting analysis\" for another emissions unit).
However, any new emissions reductions that were not relied upon in a PCP
excluded pursuant to 9 VAC 5-80-2143 or for a Clean Unit designation are
creditable to the extent they meet the requirements in 9 VAC 5-80-2143 F
4 for the PCP and 9 VAC 5-80-2141 H or 9 VAC 5-80-2142 J for a Clean
Unit]{.underline}~~.

f\. An increase that results from a physical change at a source occurs
when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational only after a reasonable
shakedown period, not to exceed 180 days.

[g. Subdivision a of the definition of "actual emissions" shall not
apply for determining creditable increases and decreases or after a
change.]{.underline}

["New source review (NSR) permit" means a permit issued under the new
source review program.]{.underline}

~~\"New source review program\" means a program for the preconstruction
review and permitting of new stationary sources or expansions to
existing ones in accordance with regulations promulgated to implement
the requirements of §§ 110 (a)(2)(C), 165 (relating to permits in
prevention of significant deterioration areas), 173 (relating to permits
in nonattainment areas), and 112 (relating to permits for hazardous air
pollutants) of the federal Clean Air Act.~~

[\"New source review (NSR) program\" means a preconstruction review and
permit program (i) for new stationary sources or modifications (physical
changes or changes in the method of operation), (ii) established to
implement the requirements of §§ 110 (a)(2)(C), 112 (relating to permits
for hazardous air pollutants), 165 (relating to permits in prevention of
significant deterioration areas), and 173 (relating to permits in
nonattainment areas) of the federal Clean Air Act and associated
regulations, and (iii) codified in Article 6 (9 VAC 5-80-1100 et seq.),
Article 7 (9 VAC 5-80-1400 et seq.), Article 8 (9 VAC 5-80-1605 et seq.)
and Article 9 (9 VAC 5-80-2000 et seq.) of this part.]{.underline}

[\"Nonattainment major new source review (NSR) program\" means a
preconstruction review and permit program (i) for new major stationary
sources or major modifications (physical changes or changes in the
method of operation), (ii) established to implement the requirements of
§ 173 of the federal Clean Air Act and associated regulations, and (iii)
codified in Article 9 (9 VAC 5-80-2000 et seq.) of this part. Any permit
issued under such a program is a major NSR permit.]{.underline}

\"Nonattainment pollutant\" means within a nonattainment area, the
pollutant for which such area is designated nonattainment. For ozone
nonattainment areas, the nonattainment pollutants shall be volatile
organic compounds (including hydrocarbons) and nitrogen oxides.

\"Ozone transport region\" means the area established by § 184(a) of the
federal Clean Air Act or any other area established by the administrator
pursuant to § 176A of the federal Clean Air Act for purposes of ozone.
For the purposes of this article, the Ozone Transport Region consists of
the following localities: Arlington County, Fairfax County, Loudoun
County, Prince William County, Stafford County, Alexandria City, Fairfax
City, Falls Church City, Manassas City, and Manassas Park City.

[\"Plantwide applicability limitation (PAL)\" means an emission
limitation expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and
established sourcewide in accordance with 9 VAC 5-80-2144.]{.underline}

[\"PAL effective date\" generally means the date of issuance of the PAL
permit. However, the PAL effective date for an increased PAL is the date
any emissions unit that is part of the PAL major modification becomes
operational and begins to emit the PAL pollutant.]{.underline}

[\"PAL effective period\" means the period beginning with the PAL
effective date and ending five years later.]{.underline}

[\"PAL major modification\" means, notwithstanding the definitions for
"major modification" and "net emissions increase," any physical change
in or change in the method of operation of the PAL source that causes it
to emit the PAL pollutant at a level equal to or greater than the
PAL.]{.underline}

[\"PAL permit\" means the major NSR permit, the minor NSR permit, the
state operating permit, or the federal operating permit issued by the
board that establishes a PAL for a major stationary source.]{.underline}

[\"PAL pollutant\" means the pollutant for which a PAL is established at
a major stationary source.]{.underline}

~~["Pollution control project (PCP)" means any activity, set of work
practices, or project (including pollution prevention) undertaken at an
existing emissions unit that reduces emissions of air pollutants from
such unit. Such qualifying activities or projects can include the
replacement or upgrade of an existing emissions control technology with
a more effective unit. Other changes that may occur at the source are
not considered part of the PCP if they are not necessary to reduce
emissions through the PCP. Projects listed in subdivisions a through f
of this definition are presumed to be environmentally beneficial
pursuant to 9 VAC 5-80-2143 B 1. Projects not listed in these
subdivisions may qualify for a case-specific PCP exclusion pursuant to
the requirements of 9 VAC 5-80-2143 B and E.]{.underline}~~

~~[a. Conventional or advanced flue gas desulfurization or sorbent
injection for control of SO~2~.]{.underline}~~

~~[b. Electrostatic precipitators, baghouses, high efficiency
multiclones, or scrubbers for control of particulate matter or other
pollutants.]{.underline}~~

~~[c. Flue gas recirculation, low-NO~X~ burners or combustors, selective
non-catalytic reduction, selective catalytic reduction, low emission
combustion (for IC engines), and oxidation/absorption catalyst for
control of NO~X~.]{.underline}~~

~~[d. Regenerative thermal oxidizers, catalytic oxidizers, condensers,
thermal incinerators, hydrocarbon combustion flares, biofiltration,
absorbers and adsorbers, and floating roofs for storage vessels for
control of volatile organic compounds or hazardous air pollutants. For
the purpose of this article, "hydrocarbon combustion flare" means either
a flare used to comply with an applicable NSPS or MACT standard
(including uses of flares during startup, shutdown, or malfunction
permitted under such a standard), or a flare that serves to control
emissions of waste streams comprised predominately of hydrocarbons and
containing no more than 230 mg/dscm hydrogen sulfide.]{.underline}~~

[~~e. Activities or projects undertaken to accommodate switching (or
partially switching) to an inherently less polluting fuel, to be limited
to the following fuel switches~~:]{.underline}

~~[(1) Switching from a heavier grade of fuel oil to a lighter fuel oil,
or any grade of oil to 0.05 percent sulfur diesel (i.e., from a higher
sulfur content #2 fuel or from #6 fuel, to CA 0.05 percent sulfur #2
diesel);]{.underline}~~

~~[(2) Switching from coal, oil, or any solid fuel to natural gas,
propane, or gasified coal;]{.underline}~~

~~[(3) Switching from coal to wood, excluding construction or demolition
waste, chemical or pesticide treated wood, and other forms of "unclean"
wood;]{.underline}~~

~~[(4) Switching from coal to #2 fuel oil (0.5 percent maximum sulfur
content); and]{.underline}~~

~~[(5) Switching from high sulfur coal to low sulfur coal (maximum 1.2
percent sulfur content).]{.underline}~~

~~[f. Activities or projects undertaken to accommodate switching from
the use of one ozone depleting substance (ODS) to the use of a substance
with a lower or zero ozone depletion potential (ODP), including changes
to equipment needed to accommodate the activity or project, that meet
the following requirements:]{.underline}~~

~~[(1) The productive capacity of the equipment is not increased as a
result of the activity or project; and]{.underline}~~

~~[(2) The projected usage of the new substance is lower, on an
ODP-weighted basis, than the baseline usage of the replaced ODS,
determined as follows:]{.underline}~~

~~[(a) Determine the ODP of the substances by consulting 40 CFR Part 82,
subpart A, appendices A and B.]{.underline}~~

~~[(b) Calculate the replaced ODP-weighted amount by multiplying the
baseline actual usage (using the annualized average of any 24
consecutive months of usage within the past 10 years) by the ODP of the
replaced ODS.]{.underline}~~

~~[(c) Calculate the projected ODP-weighted amount by multiplying the
projected future annual usage of the new substance by its
ODP.]{.underline}~~

~~[(d) If the value calculated in subdivision (b) of this subdivision is
more than the value calculated in subdivision (c) of this subdivision,
then the projected use of the new substance is lower, on an ODP-weighted
basis, than the baseline usage of the replaced ODS.]{.underline}~~

~~[\"Pollution prevention\" means any activity that through process
changes, product reformulation or redesign, or substitution of less
polluting raw materials, eliminates or reduces the release of air
pollutants (including fugitive emissions) and other pollutants to the
environment prior to recycling, treatment, or disposal; it does not mean
recycling (other than certain \"in-process recycling\" practices),
energy recovery, treatment, or disposal.]{.underline}~~

\"Potential to emit\" means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any
physical or operational limitation on the capacity of the source to emit
a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design only if the
limitation or the effect it would have on emissions is federally and
state enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source. [For the purposes of actuals
PALs, any physical or operational limitation on the capacity of the
source to emit a pollutant, including air pollution control equipment,
and restrictions on hours of operation or on the type or amount of
material combusted, stored, or processed, shall be treated as part of
its design only if the limitation or the effect it would have on
emissions is federally ~~and state~~ enforceable or enforceable as a
practical matter by the state.]{.underline}

[\"Predictive emissions monitoring system (PEMS)\" means all of the
equipment necessary to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate, O~2~ or
CO~2~ concentrations), and calculate and record the mass emissions rate
(for example, pounds per hour) on a continuous basis.]{.underline}

[\"Prevention of Significant Deterioration (PSD) program" means a
preconstruction review and permit program (i) for new major stationary
sources or major modifications (physical changes or changes in the
method of operation), (ii) established to implement the requirements of
§§ 165 of the federal Clean Air Act and associated regulations, and
(iii) codified in Article 8 (9 VAC 5-80-1605 et seq.) of this
part.]{.underline}

[\"Project\" means a physical change in, or change in the method of
operation of, an existing major stationary source.]{.underline}

[\"Projected actual emissions" means the maximum annual rate, in tons
per year, at which an existing emissions unit is projected to emit a
regulated NSR pollutant in any one of the five years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit\'s design capacity or its
potential to emit of that regulated NSR pollutant and full utilization
of the unit would result in a significant emissions increase or a
significant net emissions increase at the source. In determining the
projected actual emissions before beginning actual construction, the
owner shall:]{.underline}

[a. Consider all relevant information, including but not limited to,
historical operational data, the company\'s own representations, the
company\'s expected business activity and the company\'s highest
projections of business activity, the company\'s filings with the state
or federal regulatory authorities, and compliance plans under the
approved plan; and]{.underline}

[b. Include fugitive emissions to the extent quantifiable, and emissions
associated with startups, shutdowns, and malfunctions;
\[and]{.underline}

[c. Exclude, in calculating any increase in emissions that results from
the particular project, that portion of the unit\'s emissions following
the project that an existing unit could have ~~accommodated~~ emitted
during the consecutive 24-month period used to establish the baseline
actual emissions and that are also unrelated to the particular project,
including any increased utilization due to product demand growth,
provided such exclusion shall not reduce any calculated increases in
emissions that are caused by, result from, or are related to the
particular project;\] or,]{.underline}

\[[d ~~c~~\]. In lieu of using the method set out in subdivisions \[~~1
through 3~~ ~~a and b~~ a through c\] of this definition, may elect to
use the emissions unit\'s potential to emit, in tons per year, as
defined under the definition of potential to emit.]{.underline}

\"Public comment period\" means a time during which the public shall
have the opportunity to comment on the new or modified source permit
application information (exclusive of confidential information), the
preliminary review and analysis of the effect of the source upon the
ambient air quality, and the preliminary decision of the board regarding
the permit application.

~~\"Qualifying pollutant\" means with regard to a major stationary
source, any pollutant emitted in such quantities or at such rate as to
qualify the source as a major stationary source.~~

\"Reasonable further progress\" means the annual incremental reductions
in emissions of a given air pollutant (including substantial reductions
in the early years following approval or promulgation of an
implementation plan and regular reductions thereafter) which are
sufficient in the judgment of the board to provide for attainment of the
applicable ambient air quality standard within a specified nonattainment
area by the attainment date prescribed in the implementation plan for
such area.

~~\"Reconstruction\" means when the fixed capital cost of the new
components exceeds 50% of the fixed capital cost of a comparable
entirely new stationary source. Any final decision as to whether
reconstruction has occurred shall be made in accordance with the
provisions of subdivisions a through c of this definition. A
reconstructed stationary source will be treated as a new stationary
source for purposes of this article.~~

~~a. The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a comparable
entirely new facility.~~

~~b. The estimated life of the facility after the replacements compared
to the life of a comparable entirely new facility.~~

~~c. The extent to which the components being replaced cause or
contribute to the emissions from the facility.~~

\"Regulated ~~air~~ [NSR]{.underline} pollutant\" means any of the
following:

a\. Nitrogen oxides or any volatile organic compound;

b\. Any pollutant for which an ambient air quality standard has been
promulgated; [or]{.underline}

c\. Any pollutant ~~subject to any standard promulgated under § 111 of
the federal Clean Air Act~~ [that is a constituent or precursor of a
general pollutant listed under subdivisions ~~1 and 2~~ a and b of this
definition, provided that a constituent or precursor pollutant may only
be regulated under NSR as part of regulation of the general
pollutant.]{.underline}

~~d. Any pollutant subject to a standard promulgated under or other
requirements established under § 112 of the federal Clean Air Act
concerning hazardous air pollutants and any pollutant regulated under of
40 CFR Part 63; or~~

~~e. Any pollutant subject to a regulation adopted by the board.~~

\"Secondary emissions\" means emissions which would occur as a result of
the construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. For the purpose of this article, secondary
emissions ~~must~~ [shall]{.underline} be specific, well defined,
quantifiable, and affect the same general area as the stationary source
or modification which causes the secondary emissions. Secondary
emissions include emissions from any off‑site support facility which
would not be constructed or increase its emissions except as a result of
the construction or operation of the major stationary source or major
modification. Secondary emissions do not include any emissions which
come directly from a mobile source, such as emissions from the tailpipe
of a motor vehicle, from a train, or from a vessel.

\"Significant\" means in reference to a net emissions increase or the
potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates:

a\. Ozone nonattainment areas classified as serious or severe in 9 VAC
5‑20-204.

[Pollutant]{.underline} [Emissions Rate]{.underline}

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 25 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

Ozone 25 tpy of volatile organic compounds

Lead 0.6 tpy

b\. Other nonattainment areas.

[Pollutant]{.underline} [Emissions Rate]{.underline}

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

[PM~10~]{.underline} [15 tpy]{.underline}

[PM~2.5~]{.underline} [10 tpy]{.underline}

Ozone 40 tpy of volatile organic compounds

Lead 0.6 tpy

[\"Significant emissions increase\" means, for a regulated NSR
pollutant, an increase in emissions that is significant for that
pollutant.]{.underline}

[\"Significant emissions unit\" means an emissions unit that emits or
has the potential to emit a PAL pollutant in an amount that is equal to
or greater than the significant level for that PAL pollutant, but less
than the amount that would qualify the unit as a major emissions
unit.]{.underline}

[\"Small emissions unit\" means an emissions unit that emits or has the
potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant.]{.underline}

\"State enforceable\" means all limitations and conditions that are
enforceable as a practical matter, including any regulation of the
board, those requirements developed pursuant to 9 VAC 5‑170‑160,
requirements within any applicable order or variance, and any permit
requirements established pursuant to this chapter.

["State operating permit" means a permit issued under the state
operating permit program.]{.underline}

\"State operating permit program\" means ~~a program for issuing
limitations and conditions for stationary sources in accordance with
Article 5 (9 VAC 5-80-800 et seq.) of this part, promulgated to meet
EPA\'s minimum criteria for federal enforceability, including adequate
notice and opportunity for EPA and public comment prior to issuance of
the final permit and practicable enforceability~~ [an operating permit
program (i) for issuing limitations and conditions for stationary
sources, (ii) promulgated to meet the EPA\'s minimum criteria for
federal enforceability, including adequate notice and opportunity for
the EPA and public comment prior to issuance of the final permit, and
practicable enforceability, and (iii) codified in Article 5 (9 VAC
5-80-800 et seq.) of this part.]{.underline}

\"Stationary source\" means any building, structure, facility, or
installation which emits or may emit ~~any air pollutant subject to
regulation under the Clean Air Act~~ [a regulated NSR
pollutant]{.underline}.

\"Synthetic minor\" means a stationary source whose potential to emit is
constrained by state-enforceable and federally enforceable limits, so as
to place that stationary source below the threshold at which it would be
subject to permit or other requirements governing major stationary
sources in regulations of the board or in the federal Clean Air Act.

[\"Temporary clean coal technology demonstration project\" means a clean
coal technology demonstration project that is operated for a period of
five years or less, and that complies with the applicable implementation
plan and other requirements necessary to attain and maintain the
national ambient air quality standards during the project and after it
is terminated.]{.underline}

9 VAC 5-80-2020. General.

A. No owner or other person shall begin actual construction~~,
reconstruction~~ or modification of any [new]{.underline} major
stationary source or major modification without first obtaining from the
board a permit to construct and operate such source. [The permit will
state that the major stationary source or major modification shall meet
all the applicable requirements of this article.]{.underline}

B. No owner or other person shall relocate any emissions unit from one
stationary source to another without first obtaining from the board a
permit to relocate the unit.

C. ~~[No owner or other person shall relocate any emissions unit from
one stationary source to another without first obtaining a permit from
the board to relocate the unit.]{.underline}~~

~~[D.]{.underline} The~~ [If the board and the owner make a mutual
determination that it facilitates the efficient processing and issuing
of permits for projects that are to be constructed concurrently,
the]{.underline} board may combine the requirements of and the permits
for emissions units within a stationary source subject to the
[major]{.underline} new source review program into one permit. Likewise
the board may require that applications for permits for emissions units
within a stationary source required by any provision of the
[major]{.underline} new source review program be combined into one
application.

~~D~~ [~~E~~ D]{.underline}. The board may [not]{.underline} incorporate
the terms and conditions of a state operating permit[, a minor new
source review permit, or a PAL permit]{.underline} into a permit issued
pursuant to this article. ~~The permit issued pursuant to this article
may supersede the state operating permit provided the public
participation provisions of the state operating permit program are
followed.~~

~~E~~ [~~F~~ E]{.underline}. All terms and conditions of any permit
issued under this article shall be federally enforceable except those
that are designated state-only enforceable under subdivision 1 of this
subsection. Any term or condition that is not federally enforceable
shall be designated as state-only enforceable as provided in subdivision
2 of this subsection.

1\. A term or condition of any permit issued under this article shall
not be federally enforceable if it is derived from or is designed to
implement Article 2 (9 VAC 5‑40‑130 et seq.) ~~or Article 3 (9 VAC
5‑40‑160 et seq.)~~ of 9 VAC 5 Chapter 40[,]{.underline} ~~or~~ Article
2 (9 VAC 5‑50‑130 et seq.) ~~or Article 3 (9 VAC 5‑50‑160 et seq.)~~ of
9 VAC 5 Chapter 50[, Article 4 (9 VAC 5-60-200 et seq.) of 9 VAC 5
Chapter 60, or Article 5 (9 VAC 5-60-300) of 9 VAC 5 Chapter
60]{.underline}.

2\. Any term or condition of any permit issued under this article that
is not federally enforceable shall be marked in the permit as state-only
enforceable and shall only be enforceable by the board. Incorrectly
designating a term or condition as state-only enforceable shall not
provide a shield from federal enforcement of a term or condition that is
legally federally enforceable.

~~F~~ [~~G~~ F]{.underline}. Nothing in the regulations of the board
shall be construed to prevent the board from granting permits for
programs of construction or modification in planned incremental phases.
In such cases, all net emissions increases from all emissions units
covered by the program shall be added together for determining the
applicability of this article.

9 VAC 5-80-2030. Applications.

A. A single application is required identifying at a minimum each
emissions unit subject to the provisions of this article. The
application shall be submitted according to procedures acceptable to the
board. However, where several emissions units are included in one
project, a single application covering all units in the project may be
submitted.

B. A separate application is required for each stationary source.

C. For projects with phased development, a single application should be
submitted covering the entire project.

D. Any application, form, report, or certification submitted to the
board shall comply with the provisions of 9 VAC 5-20-230.

9 VAC 5-80-2040. Application information required.

A. The Board ~~shall~~ [will]{.underline} furnish application forms to
applicants. Completion of these forms serves as initial registration of
new and modified sources.

B. Each application for a permit shall include such information as may
be required by the board to determine the effect of the proposed source
on the ambient air quality and to determine compliance with the emission
standards which are applicable. The information required shall include,
but is not limited to the following:

1\. Company name and address (or plant name and address if different
from the company name), owner\'s name and agent, and telephone number
and names of plant site manager or contact or both.

2\. A description of the source\'s processes and products (by Standard
Industrial Classification Code).

3\. All emissions of regulated ~~air~~ [NSR]{.underline} pollutants.

a\. A permit application shall describe all emissions of regulated
~~air~~ [NSR]{.underline} pollutants emitted from any emissions unit or
group of emissions units to be covered by the permit.

b\. Emissions shall be calculated as required in the permit application
form or instructions.

c\. Fugitive emissions shall be included in the permit application to
the extent quantifiable.

4\. Emissions rates in tons per year and in such terms as are necessary
to establish compliance consistent with the applicable standard
reference test method.

5\. Actual emission rates in tons per year and other information as may
be necessary to determine the net emissions increase of actual
emissions.

6\. Information needed to determine or regulate emissions as follows:
fuels, fuel use, raw materials, production rates, loading rates, and
operating schedules.

7\. Identification and description of air pollution control equipment
and compliance monitoring devices or activities.

8\. Limitations on source operation affecting emissions or any work
practice standards, where applicable, for all regulated ~~air~~
[NSR]{.underline} pollutants at the source.

9\. Calculations on which the information in subdivisions 3 through 8 of
this subsection are based. Any calculations shall include sufficient
detail to permit assessment of the validity of such calculations.

10\. Any additional information or documentation that the board deems
necessary to review and analyze the air pollution aspects of the
stationary source or emissions unit, including the submission of
measured air quality data at the proposed site prior to construction~~,
reconstruction~~ or modification. Such measurements shall be
accomplished using procedures acceptable to the board.

11\. For major stationary sources, the location and registration number
for all stationary sources owned or operated by the applicant (or by any
entity controlling, controlled by, or under common control with the
applicant) in the Commonwealth.

12\. For major stationary sources, the analyses required by 9 VAC
5-80-2090 2 shall be provided by the applicant. Upon request, the board
will advise an applicant of the reasonable geographic limitation on the
areas to be subject to an analysis to determine the air quality impact
at the proposed source.

C. The above information and analysis shall be determined and presented
according to procedures and using methods acceptable to the board.

9 VAC 5-80-2050. Standards and conditions for granting permits.

A. No permit will be granted pursuant to this article unless it is shown
to the satisfaction of the board that the following standards and
conditions have been met:

1\. The source shall be designed, built and equipped to comply with
standards of performance prescribed under 9 VAC 5 Chapter 50 (9 VAC
5‑50‑10 et seq.).

2\. The source shall be designed, built and equipped to operate without
causing a violation of the applicable provisions of regulations of the
board or the applicable control strategy portion of the implementation
plan.

3\. The board determines that the following occurs:

a\. By the time the source is to commence operation, sufficient
offsetting emissions reductions shall have been obtained in accordance
with 9 VAC 5-80-2120 such that total allowable emissions of qualifying
nonattainment pollutants from existing sources in the region, from new
or modified sources which are not major emitting facilities, and from
the proposed source will be sufficiently less than total emissions from
existing sources, as determined in accordance with the requirements of
this article, prior to the application for such permit to construct or
modify so as to represent (when considered together with any applicable
control measures in the implementation plan) reasonable further
progress; or

b\. In the case of a new or modified major stationary source which is
located in a zone, within the nonattainment area, identified by the
administrator, in consultation with the Secretary of Housing and Urban
Development, as a zone to which economic development should be targeted,
that emissions of such pollutant resulting from the proposed new or
modified major stationary source shall not cause or contribute to
emissions levels which exceed the allowance permitted for such pollutant
for such area from new or modified major stationary sources in the
implementation plan; and

c\. Any emission reductions required as a precondition of the issuance
of a permit under subdivision ~~3 a or 3 b of this section~~ [a or b of
this subdivision]{.underline} shall be state and federally enforceable
before such permit may be issued.

4\. The applicant shall demonstrate that all major stationary sources
owned or operated by such applicant (or by any entity controlling,
controlled by, or under common control with such applicant) in the
Commonwealth are subject to emission limitations and are in compliance,
or on a schedule for compliance, with all applicable emission
limitations and standards under these regulations.

5\. The administrator has not determined that the applicable
implementation plan is not being adequately implemented for the
nonattainment area in which the proposed source is to be constructed or
modified in accordance with the requirements of this article.

6\. The applicant shall demonstrate, through an analysis of alternative
sites, sizes, production processes, and environmental control techniques
for such proposed source, that benefits of the proposed source
significantly outweigh the environmental and social costs imposed as a
result of its location, construction, or modification.

B. ~~Permits may be granted to stationary sources or emissions units
that contain emission caps provided the limits or caps are made
enforceable as a practical matter using the elements set forth in
subsection D of this section.~~

~~C.~~ Permits granted pursuant to this article may contain emissions
standards as necessary to implement the provisions of this article and 9
VAC 5-50-270. The following criteria shall be met in establishing
emission standards to the extent necessary to assure that emissions
levels are enforceable as a practical matter:

1\. Standards may include the level, quantity, rate, or concentration or
any combination of them for each affected pollutant.

2\. In no case shall a standard result in emissions that would exceed
the emissions rate based on the potential to emit of the emissions unit.

3\. The standard may prescribe, as an alternative to or a supplement to
an emission limitation, an equipment, work practice, fuels
specification, process materials, maintenance, or operational standard,
or any combination of them.

~~D~~ [C]{.underline}. Permits issued under this article shall contain,
but not be limited to, any of the following elements as necessary to
ensure that the permits are enforceable as a practical matter:

1\. Emission standards.

2\. Conditions necessary to enforce emission standards. Conditions may
include, but not be limited to, any of the following:

a\. Limit on fuel sulfur content.

b\. Limit on production rates with time frames as appropriate to support
the emission standards.

c\. Limit on raw material usage rate.

d\. Limits on the minimum required capture, removal and overall control
efficiency for any air pollution control equipment.

3\. Specifications for permitted equipment, identified as thoroughly as
possible. The identification shall include, but not be limited to, type,
rated capacity, and size. ~~Specifications included in the permit under
this subdivision are for informational purposes only and do not form
enforceable terms or conditions of the permit unless the specifications
are needed to form the basis for one or more of the other terms or
conditions in the permit.~~

4\. Specifications for air pollution control equipment installed or to
be installed. ~~Specifications included in the permit under this
subdivision are for informational purposes only and do not form
enforceable terms or conditions of the permit unless the specifications
are needed to form the basis for one or more of the other terms or
conditions in the permit.~~

5\. Specifications for air pollution control equipment operating
parameters and the circumstances under which such equipment shall be
operated, where necessary to ensure that the required overall control
efficiency is achieved. The operating parameters may include, but not be
limited to, any of the following:

a\. Pressure indicators and required pressure drop.

b\. Temperature indicators and required temperature.

c\. pH indicators and required pH.

d\. Flow indicators and required flow.

6\. Requirements for proper operation and maintenance of any pollution
control equipment, and appropriate spare parts inventory.

7\. Stack test requirements.

8\. Reporting or recordkeeping requirements, or both.

9\. Continuous emission or air quality monitoring requirements, or both.

10\. Other requirements as may be necessary to ensure compliance with
the applicable regulations.

9 VAC 5-80-2060. Action on permit application.

A. Within 30 days after receipt of an application, the board ~~shall~~
[will]{.underline} notify the applicant of the status of the
application. The notification of the initial determination with regard
to the status of the application shall be provided by the board in
writing and shall include (i) a determination as to which provisions of
the new source review program are applicable, (ii) the identification of
any deficiencies, and (iii) a determination as to whether the
application contains sufficient information to begin application review.
The determination that the application has sufficient information to
begin review is not necessarily a determination that it is complete.
Within 30 days after receipt of any additional information, the board
~~shall~~ [will]{.underline} notify the applicant in writing of any
deficiencies in such information. The date of receipt of a complete
application for processing under subsection B of this section shall be
the date on which the board received all required information and the
provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law
have been met, if applicable.

B. Processing time for a permit is normally 180 days following receipt
of a complete application. The board may extend this time period if
additional information is required. Processing steps may include, but
not be limited to, the following:

1\. Completion of the preliminary review and analysis in accordance with
9 VAC 5-80-2090 and the preliminary decision of the board.

2\. Completion of the public participation requirements in accordance
with 9 VAC 5-80-2070.

3\. Completion of the final review and analysis and the final decision
of the board.

C. The board will normally take action on all applications after
completion of the review and analysis, or expiration of the public
comment period (and consideration of comments from it) when required,
unless more information is needed. The board ~~shall~~
[will]{.underline} notify the applicant in writing of its decision on
the application, including its reasons, and shall also specify the
applicable emission limitations. These emission limitations are
applicable during any emission testing conducted in accordance with 9
VAC 5-80-2080.

D. The applicant may appeal the decision pursuant to Part VIII (9 VAC
5-170-190 et seq.) of 9 VAC 5 Chapter 170.

E. Within five days after notification to the applicant pursuant to
subsection C of this section, the notification and any comments received
pursuant to the public comment period and public hearing shall be made
available for public inspection at the same location as was the
information in 9 VAC 5-80-2070 F 1.

9 VAC 5-80-2070. Public participation.

A. No later than 30 days after receiving the initial determination
notification required under 9 VAC 5-80-2060 A, applicants shall notify
the public about the proposed source as required in subsection B of this
section. The applicant shall also provide an informational briefing
about the proposed source for the public as required in subsection C of
this section.

B. The public notice required under subsection A of this section shall
be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall
be approved by the board and shall include, but not be limited to, the
name, location, and type of the source, and the time and place of the
informational briefing.

C. The informational briefing shall be held in the locality where the
source is or will be located and at least 30 days, but no later than 60
days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions
concerning air quality about the proposed source from those in
attendance at the briefing. At a minimum, the applicant shall provide
information on and answer questions about (i) specific pollutants and
the total quantity of each which the applicant estimates will be emitted
and (ii) the control technology proposed to be used at the time of the
informational briefing. Representatives from the board ~~shall~~
[will]{.underline} attend and provide information and answer questions
on the permit application review process.

D. Upon determination by the board that it will achieve the desired
results in an equally effective manner, an applicant for a permit may
implement an alternative plan for notifying the public as required in
subsection B of this section and for providing the informational
briefing as required in subsection C of this section.

E. Prior to the decision of the board, all permit applications will be
subject to a public comment period of at least 30 days. In addition, at
the end of the public comment period, a public hearing shall be held
with notice in accordance with subsection F of this section.

F. For the public comment period and public hearing, the board ~~shall~~
[will]{.underline} notify the public, by advertisement in at least one
newspaper of general circulation in the affected air quality control
region, of the opportunity for public comment and the public hearing on
the information available for public inspection under the provisions of
subdivision 1 of this subsection. The notification shall be published at
least 30 days prior to the day of the public hearing.

1\. Information on the permit application (exclusive of confidential
information under 9 VAC 5-170-60), as well as the preliminary review and
analysis and preliminary decision of the board, shall be available for
public inspection during the entire public comment period in at least
one location in the affected air quality control region.

2\. A copy of the notice shall be sent to all local air pollution
control agencies having jurisdiction in the affected air quality control
region, all states sharing the affected air quality control region, and
to the regional administrator, U.S. Environmental Protection Agency.

3\. Notices of public comment periods and public hearings for major
stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air
Pollution Control Law.

G. In order to facilitate the efficient issuance of permits under
Articles 1 (9 VAC 5-80-50 et seq.) and 3 (9 VAC 5-80-360 et seq.) of
this part, upon request of the applicant the board ~~shall~~
[will]{.underline} process the permit application under this article
using public participation procedures meeting the requirements of this
section and 9 VAC 5-80-270 or 9 VAC 5-80-670, as applicable.

H. If appropriate, the board may provide a public briefing on its review
of the permit application prior to the public comment period but no
later than the day before the beginning of the public comment period. If
the board provides a public briefing, the requirements of subsection F
of this section concerning public notification shall be followed.

9 VAC 5-80-2080. Compliance determination and verification by
performance testing.

A. Compliance with standards of performance shall be determined in
accordance with the provisions of 9 VAC 5‑50‑20 and shall be verified by
performance tests in accordance with the provisions of 9 VAC 5‑50‑30.

B. Testing required by this section shall be conducted within 60 days by
the owner after achieving the maximum production rate at which the new
or modified source will be operated, but not later than 180 days after
initial startup of the source; and 60 days thereafter the board shall be
provided by the owner with two or, upon request, more copies of a
written report of the results of the tests.

C. The requirements of this section shall be met unless the board:

1\. Specifies or approves, in specific cases, the use of a reference
method with minor changes in methodology;

2\. Approves the use of an equivalent method;

3\. Approves the use of an alternative method, the results of which the
board has determined to be adequate for indicating whether a specific
source is in compliance;

4\. Waives the requirement for testing because, based upon a technical
evaluation of the past performance of similar source types, using
similar control methods, the board reasonably expects the new or
modified source to perform in compliance with applicable standards; or

5\. Waives the requirement for testing because the owner of the source
has demonstrated by other means to the board\'s satisfaction that the
source is in compliance with the applicable standard.

D. The provisions for the granting of waivers under subsection C of this
section are intended for use in determining the initial compliance
status of a source. The granting of a waiver does not obligate the board
to grant any waivers once the source has been in operation for more than
one year beyond the initial startup date.

E. The granting of a waiver under this section does not shield the
source from potential enforcement of any permit term or condition,
applicable requirements of the implementation plan, or any other
applicable federal requirements promulgated under the federal Clean Air
Act.

9 VAC 5-80-2090. Application review and analysis.

No permit shall be granted pursuant to this article unless compliance
with the standards in 9 VAC 5-80-2050 is demonstrated to the
satisfaction of the board by a review and analysis of the application
performed on a source‑by‑source basis as specified below:

1\. Applications shall be subject to a control technology review to
determine if such source will be designed, built and equipped to comply
with all applicable standards of performance prescribed under 9 VAC 5
Chapter 50 (9 VAC 5‑50‑10 et seq.).

2\. Applications shall be subject to an air quality analysis to
determine the impact of ~~qualifying~~ nonattainment pollutant
emissions.

[9 VAC 5-80-2091. Source obligation.]{.underline}

[A. Any owner who constructs or operates a source or modification not in
accordance (i) with the application submitted pursuant to this article
or (ii) with the terms and conditions of any permit to construct or
operate, or any owner of a source or modification subject to this
article who commences construction or operation without applying for and
receiving a permit hereunder, shall be subject to appropriate
enforcement action including, but not limited to, any specified in 9 VAC
5-80-2180.]{.underline}

[B. The following provisions apply to projects at existing emissions
units at a major stationary source (other than projects at a ~~Clean
Unit or at a~~ source with a PAL) in circumstances where there is a
reasonable possibility that a project that is not a part of a major
modification may result in a significant emissions increase and the
owner elects to use the method specified in subdivisions \[~~1 through
3~~ ~~a and b~~ a through c\] of the definition of "projected actual
emissions" for calculating projected actual emissions:]{.underline}

[1. Before beginning actual construction of the project, the owner shall
document and maintain a record of the following
information:]{.underline}

[a. A description of the project;]{.underline}

[b. Identification of the emissions units whose emissions of a regulated
NSR pollutant could be affected by the project; and]{.underline}

[c. A description of the applicability test used to determine that the
project is not a major modification for any regulated NSR pollutant,
including the baseline actual emissions, the projected actual emissions,
\[the amount of emissions excluded under subdivision ~~3~~ c of the
definition of "projected actual emissions" and an explanation for why
such amount was excluded,\] and any netting calculations, if
applicable.]{.underline}

[2. If the emissions unit is an existing electric utility steam
generating unit, no less than 30 days before beginning actual
construction, the owner shall provide a copy of the information set out
in subdivision 1 of this subsection to the board. Nothing in this
subdivision shall be construed to require the owner of such a unit to
obtain any determination from the board before beginning actual
construction.]{.underline}

[3. The owner shall monitor the emissions of any regulated NSR pollutant
that could increase as a result of the project and that is emitted by
any emissions units identified in subdivision 1 b of this subsection;
and calculate and maintain a record of the annual emissions, in tons per
year on a calendar year basis, for a period of five years following
resumption of regular operations after the change, or for a period of 10
years following resumption of regular operations after the change if the
project increases the design capacity or potential to emit of that
regulated NSR pollutant at such emissions unit.]{.underline}

[4. If the unit is an existing electric utility steam generating unit,
the owner shall submit a report to the board within 60 days after the
end of each year during which records shall be generated under
subdivision 3 of this subsection setting out the unit\'s annual
emissions during the year that preceded submission of the
report.]{.underline}

[5. If the unit is an existing unit other than an electric utility steam
generating unit, the owner shall submit a report to the board if the
annual emissions, in tons per year, from the project identified in
subdivision 1 of this subsection, exceed the baseline actual emissions
(as documented and maintained pursuant to subdivision 1 c of this
subsection) by a significant amount for that regulated NSR pollutant,
and if such emissions differ from the preconstruction projection as
documented and maintained pursuant to subdivision 1 c of this
subsection. Such report shall be submitted to the board within 60 days
after the end of such year. The report shall contain the
following:]{.underline}

[a. The name, address and telephone number of the major stationary
source;]{.underline}

[b. The annual emissions as calculated pursuant to subdivision 3 of this
subsection; and]{.underline}

[c. Any other information that the owner wishes to include in the report
(e.g., an explanation as to why the emissions differ from the
preconstruction projection).]{.underline}

[C. The owner shall make the information required to be documented and
maintained pursuant to subsection A of this section available for review
upon a request for inspection by the board or the general public
pursuant to the requirements contained in 9 VAC 5-80-270 or 9 VAC
5-80-670.]{.underline}

[D. Approval to construct shall not relieve any owner of the
responsibility to comply fully with applicable provisions of the
implementation plan and any other requirements under local, state or
federal law.]{.underline}

[E. For each project subject to subsection B of this section, the owner
shall provide notice of the availability of the information set out in
subdivision B 1 of this section to the board no less than 30 days before
beginning actual construction. The notice shall include the location of
the information and the name, address and telephone number of the
contact from whom the information may be obtained. Should subsequent
information become available to the board to indicate that a given
project subject to subsection B is a part of a major modification that
resulted in a significant emissions increase, the board will proceed as
if the owner is in violation of 9 VAC 5-80-1625 A and may institute
appropriate enforcement action as provided in subsection A of this
section. Nothing in this subsection shall be construed to require the
owner of the source to obtain any determination from the board before
beginning actual construction.]{.underline}

9 VAC 5-80-2100. Repealed.

9 VAC 5-80-2110. Interstate pollution abatement.

A. The owner of each new or modified source, which may significantly
contribute to levels of air pollution in excess of an ambient air
quality standard in any quality control region outside the Commonwealth,
shall provide written notice to all nearby states of the air pollution
levels which may be affected by such source at least 60 days prior to
the date of commencement of construction~~, reconstruction~~ or
modification.

B. Any state or political subdivision may petition the administrator for
a finding that any new or modified source emits or would emit any air
pollutant in amounts which will prevent attainment or maintenance of any
ambient air quality standard or interfere with measures for the
prevention of significant deterioration or the protection of visibility
in the implementation plan for such state. Within 60 days after receipt
of such petition and after a public hearing, the administrator will make
such a finding or deny the petition.

C. Notwithstanding any permit granted pursuant to this article, no owner
or other person shall commence construction~~, reconstruction~~ or
modification or begin operation of a source to which a finding has been
made under the provisions of subsection B of this section.

9 VAC 5-80-2120. Offsets.

A. Owners shall comply with the offset requirements of this article by
obtaining emission reductions from the same source or other sources in
the same nonattainment area, except that for ozone precursor pollutants
the board may allow the owner to obtain such emission reductions in
another nonattainment area if (i) the other area has an equal or higher
nonattainment classification than the area in which the source is
located and (ii) emissions from such other area contribute to a
violation of the ambient air quality standard in the nonattainment area
in which the source is located. By the time a new or modified source
begins operation, such emission reductions shall (i) be in effect, (ii)
be state and federally enforceable and (iii) assure that the total
tonnage of increased emissions of the air pollutant from the new or
modified source shall be offset by an equal or greater reduction, as
applicable, in the actual emissions of such air pollutant from the same
or other sources in the nonattainment area.

B. The (i) ratio of total emission reductions of volatile organic
compounds to total increased emissions of volatile organic compounds or
(ii) the ratio of total emission reductions of nitrogen oxides to total
increased emissions of nitrogen oxides in ozone nonattainment areas
designated in 9 VAC 5-20-204 shall be at least the following:

1\. Nonattainment areas classified as marginal ─ 1.1 to one.

2\. Nonattainment areas classified as moderate ─ 1.15 to one.

3\. Nonattainment areas classified as serious ─ 1.2 to one.

4\. Nonattainment areas classified as severe ─ 1.3 to one.

5\. Nonattainment areas with any other classification or no
classification ─ 1 to one.

The ratio of total emissions reductions of the nonattainment pollutant
to total increased emissions of the nonattainment pollutant in
nonattainment areas (other than ozone nonattainment areas) designated in
9 VAC 5-20-204 shall be at least 1 to one.

C. Emission reductions otherwise required by these regulations shall not
be creditable as emissions reductions for purposes of any such offset
requirement. Incidental emission reductions which are not otherwise
required by these regulations shall be creditable as emission reductions
for such purposes if such emission reductions meet the requirements of
subsection A of this section.

D. The board ~~shall~~ [will]{.underline} allow an owner to offset by
alternative or innovative means emission increases from rocket engine
and motor firing, and cleaning related to such firing, at an existing or
modified major source that tests rocket engines or motors under the
following conditions:

1\. Any modification proposed is solely for the purpose of expanding the
testing of rocket engines or motors at an existing source that is
permitted to test such engines on November 15, 1990.

2\. The source demonstrates to the satisfaction of the board that it has
used all reasonable means to obtain and utilize offsets, as determined
on an annual basis, for the emissions increases beyond allowable levels,
that all available offsets are being used, and that sufficient offsets
are not available to the source.

3\. The source has obtained a written finding from the U.S. Department
of Defense, U.S. Department of Transportation, National Aeronautics and
Space Administration or other appropriate federal agency, that the
testing of rocket motors or engines at the facility is required for a
program essential to the national security.

4\. The owner will comply with an alternative measure, imposed by the
board, designed to offset any emission increases beyond permitted levels
not directly offset by the source. In lieu of imposing any alternative
offset measures, the board may impose an emissions fee to be paid to the
board which shall be an amount no greater than 1.5 times the average
cost of stationary source control measures adopted in that nonattainment
area during the previous three years. The board ~~shall~~
[will]{.underline} utilize the fees in a manner that maximizes the
emissions reductions in that nonattainment area.

E. For sources subject to the provisions of this article, the baseline
for determining credit for emissions reduction is the emissions limit
under the applicable implementation plan in the effect at the time the
application to construct is filed, except that the offset baseline shall
be the actual emissions of the source from which offset credit is
obtained where:

1\. The demonstration of reasonable further progress and attainment of
ambient air quality standards is based upon the actual emissions of
sources located within a designated nonattainment area; or

2\. The applicable implementation plan does not contain an emissions
limitation for that source or source category.

F. Where the emissions limit under the applicable implementation plan
allows greater emissions than the potential to emit of the source,
emissions offset credit will be allowed only for control below this
potential.

G. For an existing fuel combustion source, credit shall be based on the
allowable emissions under the applicable implementation plan for the
type of fuel being burned at the time the application to construct is
filed. If the owner of the existing source commits to switch to a
cleaner fuel at some future date, emissions offset credit based on the
allowable (or actual) emissions for the fuels involved is not
acceptable, unless the permit is conditioned to require the use of a
specified alternative control measure which would achieve the same
degree of emissions reduction should the source switch back to a dirtier
fuel at some later date. The board will ensure that adequate long‑term
supplies of the new fuel are available before granting emissions offset
credit for fuel switches.

H. Emissions reductions achieved by shutting down an existing source or
curtailing production or operating hours below baseline levels may be
generally credited if such reductions are permanent, quantifiable, and
federally and state enforceable. In addition, the shutdown or
curtailment is creditable only if it occurred on or after January 1,
1991.

I. No emissions credit may be allowed for replacing one volatile organic
compound with another of lesser reactivity.

J. Where this article does not adequately address a particular issue,
the provisions of Appendix S to 40 CFR 51 shall be followed to the
extent that they do not conflict with this ~~article~~
[section]{.underline}.

K. Credit for an emissions reduction can be claimed to the extent that
the board has not relied on it in issuing any permit under this chapter
or has not relied on it in demonstrating attainment or reasonable
further progress.

[L. ~~Decreases in actual emissions resulting from the installation of
add-on control technology or application of pollution prevention
measures that were relied upon in designating an emissions unit as a
Clean Unit or a project as a PCP cannot be used as
offsets.~~]{.underline}

~~[M. Decreases in actual emissions occurring at a Clean Unit cannot be
used as offsets, except as provided in 9 VAC 5-80-2141 H and 9 VAC
5-80-2142 J. Decreases in actual emissions occurring at a PCP cannot be
used as offsets, except as provided in 9 VAC 5-80-2143 F
4.]{.underline}~~

[~~N.~~ The total tonnage of increased emissions, in tons per year,
resulting from a major modification that shall be offset in accordance
with § 173 of the federal Clean Air Act shall be determined by summing
the difference between the allowable emissions after the modification
and the actual emissions before the modification for each emissions
unit.]{.underline}

9 VAC 5-80-2130. De minimis increases and stationary source modification
alternatives for ozone nonattainment areas classified as serious or
severe in 9 VAC 5‑20-204.

A. ~~De minimis increases.~~ Increased emissions of volatile organic
compounds or nitrogen oxides resulting from any physical change in, or
change in the method of operation of, a major stationary source located
in an ozone nonattainment area classified as serious or severe in 9 VAC
5-20-204 shall be considered de minimis for purposes of determining the
applicability of the permit requirements under this article if the
increase in net emissions of the same pollutant from such source is 25
tons or less when aggregated with all other net increases in emissions
from the source over a period of five consecutive calendar years which
includes the calendar year in which such increase occurred.

B. ~~Modifications~~ [The following shall apply to
modifications]{.underline} of major stationary sources emitting less
than 100 tons per year of volatile organic compounds or nitrogen oxides.

1\. Any physical change in, or change in the method of operation of, a
major stationary source with a potential to emit of less than 100 tons
per year of volatile organic compounds or nitrogen oxides which results
in an increase in emissions of the same pollutant from any discrete
operation, unit, or other pollutant emitting activity at that source
that is not de minimis under subsection A of this section shall be
considered a major modification under this article. However, in applying
emission standards under 9 VAC 5 Chapter 50 (9 VAC 5‑50~~‑10 et seq.~~)
to the source, the requirement to apply best available control
technology shall be substituted for the requirement to comply with the
lowest achievable emission rate.

2\. If the owner elects to offset the increase of volatile organic
compounds or of nitrogen oxides by a greater reduction in emissions of
the pollutant being increased from other operations, units, or
activities within the source at an internal offset ratio of at least 1.3
to 1, such increase shall not be considered a major modification under
this article.

C. ~~Modifications~~ [The following shall apply to
modifications]{.underline} of major stationary sources emitting 100 tons
per year or more of volatile organic compounds or nitrogen oxides.

1\. Any physical change in, or change in the method of operation of, a
major stationary source with a potential to emit 100 tons per year or
more of volatile organic compounds or nitrogen oxides which results in
an increase in emissions of the same pollutant from any discrete
operation, unit, or other pollutant emitting activity at that source
that is not de minimis under subsection A of this section shall be
considered a major modification under this article.

2\. In applying emission standards under 9 VAC 5 Chapter 50 (9 VAC
5‑50~~‑10 et seq.~~) to the source, the requirement to apply best
available control technology shall be substituted for the requirement to
comply with the lowest achievable emission rate, if the owner elects to
offset the increase by a greater reduction in emissions of the pollutant
being increased from other operations, units, or activities within the
source at an internal offset ratio of at least 1.3 to one.

9 VAC 5-80-2140. Exception.

The provisions of this article do not apply to a source or modification
that would be a major stationary source or major modification only if
fugitive emissions, to the extent quantifiable, are considered in
calculating the potential to emit of the source or modification and the
source does not belong to any of the following categories:

1\. Coal cleaning plants (with thermal dryers);

2\. Kraft pulp mills;

3\. Portland cement plants;

4\. Primary zinc smelters;

5\. Iron and steel mills;

6\. Primary aluminum ore reduction plants;

7\. Primary copper smelters;

8\. Municipal incinerators capable of charging more than 250 tons of
refuse per day;

9\. Hydrofluoric acid plants;

10\. Sulfuric acid plants;

11\. Nitric acid plants;

12\. Petroleum refineries;

13\. Lime plants;

14\. Phosphate rock processing plants;

15\. Coke oven batteries;

16\. Sulfur recovery plants;

17\. Carbon black plants (furnace process);

18\. Primary lead smelters;

19\. Fuel conversion plants;

20\. Sintering plants;

21\. Secondary metal production plants;

22\. Chemical process plants;

23\. Fossil‑fuel boilers (or combination of them) totaling more than 250
million British thermal units per hour heat input;

24\. Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels;

25\. Taconite ore processing plants;

26\. Glass fiber processing plants;

27\. Charcoal production plants;

28\. Fossil fuel‑fired steam electric plants of more than 250 million
British thermal units per hour heat input; and

29\. Any other stationary source category which, as of August 7, 1980,
is being regulated under ~~§ 111 or 112 of the federal Clean Air Act (42
USC 7401)~~ [40 CFR Part 60, 61, or 63]{.underline}.

[9 VAC 5-80-2141. ~~Clean Unit test for emissions units that are subject
to LAER~~ Reserved.]{.underline}

~~[A. An owner of a major stationary source may use the Clean Unit Test
according to the provisions of this section to determine whether
emissions increases at a Clean Unit are part of a project that is a
major modification. The provisions of this section apply to any
emissions unit for which the board has issued a major NSR permit within
the past five years.]{.underline}~~

~~[B. The general provisions set forth in this subsection shall apply to
Clean Units.]{.underline}~~

~~[1. Any project for which the owner begins actual construction after
the effective date of the Clean Unit designation (as determined in
accordance with subsection D of this section) and before the expiration
date (as determined in accordance with subsection E of this section)
will be considered to have occurred while the emissions unit was a Clean
Unit.]{.underline}~~

~~[2. If a project at a Clean Unit does not cause the need for a change
in the emission limitations or work practice requirements in the permit
for the unit that were adopted in conjunction with LAER and the project
would not alter any physical or operational characteristics that formed
the basis for the LAER determination as specified in subdivision F 4 of
this section, the emissions unit remains a Clean Unit.]{.underline}~~

~~[3. If a project causes the need for a change in the
emission]{.underline}~~

~~[limitations or work practice requirements in the permit for the unit
that were adopted in conjunction with LAER or the project would alter
any physical or operational characteristics that formed the basis for
the LAER determination as specified in subdivision F 4 of this section,
then the emissions unit loses its designation as a Clean Unit upon
issuance of the necessary permit revisions (unless the unit requalifies
as a Clean Unit pursuant to subdivision C 3 of this section). If the
owner begins actual construction on the project without first applying
to revise the emissions unit\'s permit, the Clean Unit designation ends
immediately prior to the time when actual construction
begins.]{.underline}~~

~~[4. A project that causes an emissions unit to lose its designation as
a Clean Unit is subject to the applicability requirements of 9 VAC
5-80-2000 I 1 through 4 and 6 as if the emissions unit is not a Clean
Unit.]{.underline}~~

~~[5. For certain emissions units with PSD permits that meet the
requirements of subdivisions a and b of this subdivision, the BACT level
of emissions reductions or work practice requirements or both shall
satisfy the requirement for LAER in meeting the requirements for Clean
Units under subsections C through H of this section. For these emissions
units, all requirements for the LAER determination under subdivisions 2
and 3 of this subsection shall also apply to the BACT permit terms and
conditions. In addition, the requirements of subdivision G 1 b of this
section do not apply to emissions units that qualify for Clean Unit
status under this subdivision.]{.underline}~~

[~~a. The emissions unit shall have received a PSD permit within the
last five years and such permit shall require the emissions unit to
comply with BACT~~.]{.underline}

~~[b. The emissions unit shall be located in an area that was
redesignated as nonattainment for the relevant pollutants after issuance
of the PSD permit and before the effective date of the Clean Unit Test
provisions in the area.]{.underline}~~

~~[C. An emissions unit automatically qualifies as a Clean Unit when the
unit meets the criteria in subdivisions 1 and 2 of this subsection.
After the original Clean Unit designation expires in accordance with
subsection E of this section or is lost pursuant to subdivision B 3 of
this section, such emissions unit may requalify as a Clean Unit under
either subdivision 3 of this subsection, or under the Clean Unit
provisions in 9 VAC 5-80-2142. To requalify as a Clean Unit under
subdivision 3 of this subsection, the emissions unit shall obtain a new
major NSR permit issued through the applicable nonattainment major NSR
program and meet all the criteria in subdivision 3 of this subsection.
Clean Unit designation applies individually for each pollutant emitted
by the emissions unit.]{.underline}~~

~~[1. The emissions unit shall have received a major NSR permit within
the past five years. The owner shall maintain and be able to provide
information that would demonstrate that this permitting requirement is
met.]{.underline}~~

~~[2. Air pollutant emissions from the emissions unit shall be reduced
through the use of an air pollution control technology (which includes
pollution prevention or work practices) that meets both the following
requirements:]{.underline}~~

~~[a. The control technology achieves the LAER level of emissions
reductions as determined through issuance of a major NSR permit within
the past five years. However, the emissions unit is not eligible for
Clean Unit designation if the LAER determination resulted in no
requirement to reduce emissions below the level of a standard,
uncontrolled, new emissions unit of the same type.]{.underline}~~

~~[b. The owner made an investment to install the control technology.
For the purpose of this determination, an investment includes expenses
to research the application of a pollution prevention technique to the
emissions unit or expenses to apply a pollution prevention technique to
an emissions unit.]{.underline}~~

~~[3. In order to requalify for the Clean Unit designation, the
emissions unit shall obtain a new major NSR permit that requires
compliance with the current-day LAER, and the emissions unit shall meet
the requirements in subdivisions 1 and 2 of this
subsection.]{.underline}~~

[~~D. The effective date of an emissions unit\'s Clean Unit designation
(i.e., the date on which the owner may begin to use the Clean Unit Test
to determine whether a project at the emissions unit is a major
modification) is determined according to the following~~:]{.underline}

~~[1. For an original Clean Unit designation and for emissions units
that requalify as Clean Units by implementing a new control technology
to meet current-day LAER, the effective date is the date the emissions
unit\'s air pollution control technology is placed into service, or
three years after the issuance date of the major NSR permit, whichever
is earlier, but no sooner than the effective date of this
revision.]{.underline}~~

~~[2. For emissions units that requalify for the Clean Unit designation
using an existing control technology, the effective date is the date the
new, major NSR permit is issued.]{.underline}~~

~~[E. An emissions unit\'s Clean Unit designation expires (i.e., the
date on which the owner may no longer use the Clean Unit Test to
determine whether a project affecting the emissions unit is, or is part
of, a major modification) according to the following:]{.underline}~~

~~[1. For any emissions unit that automatically qualifies as a Clean
Unit under subdivision C 1 and C 2 of this section, the Clean Unit
designation expires five years after the effective date, or the date the
equipment went into service, whichever is earlier; or, it expires at any
time the owner fails to comply with the provisions for maintaining Clean
Unit designation in subsection G of this section.]{.underline}~~

~~[2. For any emissions unit that requalifies as a Clean Unit under
subdivision C 3 of this section, the Clean Unit designation expires five
years after the effective date; or, it expires any time the owner fails
to comply with the provisions for maintaining the Clean Unit designation
in subsection G of this section.]{.underline}~~

~~[F. After the effective date of the Clean Unit designation, and in
accordance with the provisions of the applicable federal operating
permit program, but no later than when the federal operating permit is
renewed, the federal operating permit for the source shall include the
following terms and conditions:]{.underline}~~

~~[1. A statement indicating that the emissions unit qualifies as a
Clean Unit and identifying the pollutants for which the Clean Unit
designation applies.]{.underline}~~

~~[2. If the effective date is not known when the Clean Unit designation
is initially recorded in the federal operating permit (e.g., because the
air pollution control technology is not yet in service), the permit
shall describe the event that will determine the effective date (e.g.,
the date the control technology is placed into service). Once the
effective date is determined, the owner shall notify the board of the
exact date. This specific effective date shall be added to the source\'s
federal operating permit at the first opportunity, such as a
modification, revision, reopening, or renewal of the federal operating
permit for any reason, whichever comes first, but in no case later than
the next renewal.]{.underline}~~

~~[3. If the expiration date is not known when the Clean Unit
designation is initially recorded into the federal operating permit
(e.g., because the air pollution control technology is not yet in
service), then the permit shall describe the event that will determine
the expiration date (e.g., the date the control technology is placed
into service). Once the expiration date is determined, the owner shall
notify the board of the exact date. The expiration date shall be added
to the source\'s federal operating permit at the first opportunity, such
as a modification, revision, reopening, or renewal of the federal
operating permit for any reason, whichever comes first, but in no case
later than the next renewal.]{.underline}~~

~~[4. All emission limitations and work practice requirements adopted in
conjunction with the LAER, and any physical or operational
characteristics that formed the basis for the LAER determination (e.g.,
possibly the emissions unit\'s capacity or throughput).]{.underline}~~

~~[5. Monitoring, recordkeeping, and reporting requirements as necessary
to demonstrate that the emissions unit continues to meet the criteria
for maintaining the Clean Unit designation (see subsection G of this
section).]{.underline}~~

~~[6. Terms reflecting the owner \'s duties to maintain the Clean Unit
designation and the consequences of failing to do so, as presented in
subsection G of this section.]{.underline}~~

~~[G. To maintain the Clean Unit designation, the owner shall conform to
all the restrictions listed in this subsection. This subsection applies
independently to each pollutant for which the emissions unit has the
Clean Unit designation. That is, failing to conform to the restrictions
for one pollutant affects Clean Unit designation only for that
pollutant.]{.underline}~~

~~[1. The Clean Unit shall comply with the emission limitations and work
practice requirements adopted in conjunction with the LAER that is
recorded in the major NSR permit, and subsequently reflected in the
federal operating permit.]{.underline}~~

~~[a. The owner shall not make a physical change in or change in the
method of operation of the Clean Unit that causes the emissions unit to
function in a manner that is inconsistent with the physical or
operational characteristics that formed the basis for the LAER
determination (e.g., possibly the emissions unit\'s capacity or
throughput).]{.underline}~~

~~[b. The Clean Unit shall not emit above a level that has been
offset.]{.underline}~~

~~[2. The Clean Unit shall comply with any terms and conditions in the
federal operating permit related to the unit\'s Clean Unit
designation.]{.underline}~~

~~[3. The Clean Unit shall continue to control emissions using the
specific air pollution control technology that was the basis for its
Clean Unit designation. If the emissions unit or control technology is
replaced, then the Clean Unit designation ends.]{.underline}~~

~~[H. Emissions changes that occur at a Clean Unit shall not be included
in calculating a significant net emissions increase (i.e., shall not be
used in a \"netting analysis\"), or be used for generating offsets
unless such use occurs before the effective date of the Clean Unit
designation, or after the Clean Unit designation expires; or, unless the
emissions unit reduces emissions below the level that qualified the unit
as a Clean Unit. However, if the Clean Unit reduces emissions below the
level that qualified the unit as a Clean Unit, then, the owner may
generate a credit for the difference between the level that qualified
the unit as a Clean Unit and the new emission limitation if such
reductions are surplus, quantifiable, and permanent. For purposes of
generating offsets, the reductions shall also be federally enforceable.
For purposes of determining creditable net emissions increases and
decreases, the reductions shall also be enforceable as a practical
matter.]{.underline}~~

~~[I. The Clean Unit designation of an emissions unit is not affected by
redesignation of the attainment status of the area in which it is
located. If a Clean Unit is located in an attainment area and the area
is redesignated to nonattainment, its Clean Unit designation is not
affected. Similarly, redesignation from nonattainment to attainment does
not affect the Clean Unit designation. However, if an existing Clean
Unit designation expires, it shall requalify under the requirements that
are currently applicable in the area.]{.underline}~~

[9 VAC 5-80-2142. ~~Clean unit provisions for emissions units that
achieve an emissions limitation comparable to LAER~~
Reserved.]{.underline}

~~[A. An owner of a major stationary source has the option of using the
Clean Unit Test to determine whether emissions increases at a Clean Unit
are part of a project that is a major modification according to the
provisions of this section. The provisions of this section apply to
emissions units that do not qualify as Clean Units under 9 VAC
5-80-2141, but that are achieving a level of emissions control
comparable to LAER, as determined by the board in accordance with this
section.]{.underline}~~

~~[B. The general provisions set forth in this subsection shall apply to
a Clean Unit designated under this section.]{.underline}~~

~~[1. Any project for which the owner begins actual construction after
the effective date of the Clean Unit designation (as determined in
accordance with subsection E of this section) and before the expiration
date (as determined in accordance with subsection F of this section)
will be considered to have occurred while the emissions unit was a Clean
Unit.]{.underline}~~

~~[2. If a project at a Clean Unit does not cause the need for a change
in the emission limitations or work practice requirements in the permit
for the unit that have been determined (pursuant to subsection D of this
section) to be comparable to LAER, and the project would not alter any
physical or operational characteristics that formed the basis for
determining that the emissions unit\'s control technology achieves a
level of emissions control comparable to LAER as specified in
subdivision H 4 of this section, the emissions unit remains a Clean
Unit.]{.underline}~~

~~[3. If a project causes the need for a change in the
emission]{.underline}~~

~~[limitations or work practice requirements in the permit for the unit
that have been determined (pursuant to subsection D of this section) to
be comparable to LAER, or the project would alter any physical or
operational characteristics that formed the basis for determining that
the emissions unit\'s control technology achieves a level of emissions
control comparable to LAER as specified in subdivision H 4 of this
section, then the emissions unit loses its designation as a Clean Unit
upon issuance of the necessary permit revisions (unless the unit
requalifies as a Clean Unit pursuant to subdivision C 4 of this
section). If the owner begins actual construction on the project without
first applying to revise the emissions unit\'s permit, the Clean Unit
designation ends immediately prior to the time when actual construction
begins.]{.underline}~~

~~[4. A project that causes an emissions unit to lose its designation as
a Clean Unit is subject to the applicability requirements of 9 VAC
5-80-2000 I 1 through 4 and 6 as if the emissions unit were never a
Clean Unit.]{.underline}~~

~~[C. An emissions unit qualifies as a Clean Unit when the unit meets
the criteria in subdivisions 1 through 3 of this subsection. After the
original Clean Unit designation expires in accordance with subsection F
of this section or is lost pursuant to subdivision B 3 of this section,
such emissions unit may requalify as a Clean Unit under either
subdivision 4 of this subsection, or under the Clean Unit provisions in
9 VAC 5-80-2141. To requalify as a Clean Unit under subdivision 4 of
this subsection, the emissions unit shall obtain a new permit issued
pursuant to the requirements in subsections G and H of this section and
meet all the criteria in subdivision 4 of this subsection. The board
will make a separate Clean Unit designation for each pollutant emitted
by the emissions unit for which the emissions unit qualifies as a Clean
Unit.]{.underline}~~

~~[1. Air pollutant emissions from the emissions unit shall be reduced
through the use of air pollution control technology (which includes
pollution prevention or work practices) that meets both the following
requirements:]{.underline}~~

~~[a. The owner has demonstrated that the emissions unit\'s control
technology is comparable to LAER according to the requirements of
subsection D of this section. However, the emissions unit is not
eligible for the Clean Unit designation if its emissions are not reduced
below the level of a standard, uncontrolled emissions unit of the same
type (e.g., if the LAER determinations to which it is compared have
resulted in a determination that no control measures are
required).]{.underline}~~

~~[b. The owner made an investment to install the control technology.
For the purpose of this determination, an investment includes expenses
to research the application of a pollution prevention technique to the
emissions unit or to retool the unit to apply a pollution prevention
technique.]{.underline}~~

~~[2. The board will determine that the allowable emissions from the
emissions unit will not cause or contribute to a violation of any
ambient air quality standard or ambient air increment in 9 VAC
5-80-1635, or have an adverse impact on an air quality related value
(such as visibility) that has been identified for a federal class I area
by a federal land manager and for which information is available to the
general public.]{.underline}~~

~~[3. An emissions unit may qualify as a Clean Unit even if the control
technology, on which the Clean Unit designation is based, was installed
before \[the effective date of this revision\]. However, for such
emissions units, the owner shall apply for the Clean Unit designation
within two years after \[the effective date of this revision\]. For
technologies installed after the plan requirements become effective, the
owner shall apply for the Clean Unit designation at the time the control
technology is installed.]{.underline}~~

~~[4. In order to requalify as a Clean Unit, the emissions unit shall
(i) obtain a new permit (pursuant to subsections G and H of this
section) that demonstrates that the emissions unit\'s control technology
is achieving a level of emission control comparable to current-day LAER,
and (ii) meet the requirements in subdivisions 1 a and 2 of this
subsection.]{.underline}~~

~~[D. The owner may demonstrate that the emissions unit\'s control
technology is comparable to LAER for purposes of subdivision C 1 of this
section according to either subdivisions 1 or 2 of this subsection.
Subdivision 3 of this subsection specifies the time for making this
comparison.]{.underline}~~

~~[1. The emissions unit\'s control technology is presumed to be
comparable to LAER if it achieves an emission limitation that is at
least as stringent as any one of the five best-performing similar
sources for which a LAER determination has been made within the
preceding five years, and for which information has been entered into
the RACT/BACT/LAER Clearinghouse (RBLC). The board will also compare
this presumption to any additional LAER determinations of which it is
aware, and will consider any information on achieved-in-practice
pollution control technologies provided during the public comment
period, to determine whether any presumptive determination that the
control technology is comparable to LAER is correct.]{.underline}~~

~~[2. The owner may demonstrate that the emissions unit\'s control
technology is substantially as effective as LAER. In addition, any other
person may present evidence related to whether the control technology is
substantially as effective as LAER during the public participation
process required under subsection G of this section. The board will
consider such evidence on a case-by-case basis and determine whether the
emissions unit\'s air pollution control technology is substantially as
effective as LAER.]{.underline}~~

~~[3. The provisions governing the time for making the comparison under
this subsection shall be as follows:]{.underline}~~

~~[a. The owner of an emissions unit whose control technology is
installed before \[the effective date of this revision\] may, at its
option, either demonstrate that the emission limitation achieved by the
emissions unit\'s control technology is comparable to the LAER
requirements that applied at the time the control technology was
installed, or demonstrate that the emission limitation achieved by the
emissions unit\'s control technology is comparable to current-day LAER
requirements. The expiration date of the Clean Unit designation will
depend on which option the owner uses, as specified in subsection F of
this section.]{.underline}~~

~~[b. The owner of an emissions unit whose control technology is
installed after the effective date of this revision may demonstrate that
the emission limitation achieved by the emissions unit\'s control
technology is comparable to current-day LAER
requirements.]{.underline}~~

~~[E. The effective date of an emissions unit\'s Clean Unit designation
(i.e., the date on which the owner may begin to use the Clean Unit Test
to determine whether a project involving the emissions unit is a major
modification) is the date that the permit required by subsection G of
this section is issued or the date that the emissions unit\'s air
pollution control technology is placed into service, whichever is
later.]{.underline}~~

~~[F. If the owner demonstrates that the emission limitation achieved by
the emissions unit\'s control technology is comparable to the LAER
requirements that applied at the time the control technology was
installed, then the Clean Unit designation expires five years from the
date that the control technology was installed. For all other emissions
units, the Clean Unit designation expires five years from the effective
date of the Clean Unit designation, as determined according to
subsection E of this section. In addition, for all emissions units, the
Clean Unit designation expires any time the owner fails to comply with
the provisions for maintaining the Clean Unit designation in subsection
I of this section.]{.underline}~~

~~[G. The board will designate an emissions unit a Clean Unit only by
issuing a permit through an NSR program that includes requirements for
public notice of the proposed Clean Unit designation and opportunity for
public comment. Such permit shall also meet the requirements of
subsection H of this section.]{.underline}~~

~~[H. The permit required by subsection G of this section shall include
the terms and conditions set forth in subdivisions 1 through 6 of this
subsection. Such terms and conditions shall be incorporated into the
source\'s federal operating permit in accordance with the provisions of
the federal operating permit program, but no later than when the federal
operating permit is renewed.]{.underline}~~

~~[1. A statement indicating that the emissions unit qualifies as a
Clean Unit and identifying the pollutants for which this designation
applies.]{.underline}~~

~~[2. If the effective date of the Clean Unit designation is not known
when the board issues the permit (e.g., because the air pollution
control technology is not yet in service), then the permit shall
describe the event that will determine the effective date (e.g., the
date the control technology is placed into service). Once the effective
date is known, then the owner shall notify the board of the exact date.
This specific effective date shall be added to the source\'s federal
operating permit at the first opportunity, such as a modification,
revision, reopening, or renewal of the federal operating permit for any
reason, whichever comes first, but in no case later than the next
renewal.]{.underline}~~

~~[3. If the expiration date of the Clean Unit designation is not known
when the board issues the permit (e.g., because the air pollution
control technology is not yet in service), then the permit shall
describe the event that will determine the expiration date (e.g., the
date the control technology is placed into service). Once the expiration
date is known, then the owner shall notify the board of the exact date.
The expiration date shall be added to the source\'s federal operating
permit at the first opportunity, such as a modification, revision,
reopening, or renewal of the federal operating permit for any reason,
whichever comes first, but in no case later than the next
renewal.]{.underline}~~

~~[4. All emission limitations and work practice
requirements]{.underline}~~

~~[adopted in conjunction with emission limitations necessary to assure
that the control technology continues to achieve an emission limitation
comparable to LAER, and any physical or operational characteristics that
formed the basis for determining that the emissions unit\'s control
technology achieves a level of emissions control comparable to LAER
(e.g., possibly the emissions unit\'s capacity or
throughput).]{.underline}~~

~~[5. Monitoring, recordkeeping, and reporting requirements as necessary
to demonstrate that the emissions unit continues to meet the criteria
for maintaining its Clean Unit designation (see subsection I of this
section.)]{.underline}~~

~~[6. Terms reflecting the owner\'s duties to maintain the Clean Unit
designation and the consequences of failing to do so, as presented in
subsection I of this section.]{.underline}~~

~~[I. To maintain Clean Unit designation, the owner shall conform to all
the restrictions listed in subdivisions 1 through 5 of this subsection.
This subsection applies independently to each pollutant for which the
board has designated the emissions unit a Clean Unit. That is, failing
to conform to the restrictions for one pollutant affects the Clean Unit
designation only for that pollutant.]{.underline}~~

~~[1. The Clean Unit shall comply with the emission limitations and work
practice requirements adopted to ensure that the control technology
continues to achieve emission control comparable to LAER.]{.underline}~~

~~[2. The owner may not make a physical change in or change in the
method of operation of the Clean Unit that causes the emissions unit to
function in a manner that is inconsistent with the physical or
operational characteristics that formed the basis for the determination
that the control technology is achieving a level of emission control
that is comparable to LAER (e.g., possibly the emissions unit\'s
capacity or throughput).]{.underline}~~

~~[3. The Clean Unit may not emit above a level that has been
offset.]{.underline}~~

~~[4. The Clean Unit shall comply with any terms and conditions in the
federal operating permit related to the unit\'s Clean Unit
designation.]{.underline}~~

~~[5. The Clean Unit shall continue to control emissions using the
specific air pollution control technology that was the basis for its
Clean Unit designation. If the emissions unit or control technology is
replaced, then the Clean Unit designation ends.]{.underline}~~

~~[J. Emissions changes that occur at a Clean Unit shall not be included
in calculating a significant net emissions increase (i.e., shall not be
used in a \"netting analysis\"), or be used for generating offsets
unless such use occurs before the effective date of plan requirements
adopted to implement this subsection or after the Clean Unit designation
expires; or, unless the emissions unit reduces emissions below the level
that qualified the unit as a Clean Unit. However, if the Clean Unit
reduces emissions below the level that qualified the unit as a Clean
Unit, then the owner may generate a credit for the difference between
the level that qualified the unit as a Clean Unit and the emissions
unit\'s new emission limitation if such reductions are surplus,
quantifiable, and permanent. For purposes of generating offsets, the
reductions shall also be federally enforceable. For purposes of
determining creditable net emissions increases and decreases, the
reductions shall also be enforceable as a practical
matter.]{.underline}~~

~~[K. The Clean Unit designation of an emissions unit is not affected by
redesignation of the attainment status of the area in which it is
located. If a Clean Unit is located in an attainment area and the area
is redesignated to nonattainment, its Clean Unit designation is not
affected. Similarly, redesignation from nonattainment to attainment does
not affect the Clean Unit designation. However, if a Clean Unit\'s
designation expires or is lost pursuant to 9 VAC 5-80-2141 B 3 and
subdivision B 3 of this section, it shall requalify under the
requirements that are currently applicable.]{.underline}~~

[9 VAC 5-80-2143. ~~Pollution control project (PCP) exclusion~~
Reserved.]{.underline}

~~[A. Before an owner begins actual construction of a PCP, the owner
shall either submit a notice to the board if the project is listed in
subdivisions a through f of the definition of "pollution control
project," or if the project is not listed in subdivisions a through f of
the definition of "pollution control project," then the owner shall
submit a permit application and obtain approval to use the PCP exclusion
from the board consistent with the requirements in subsection E of this
section. Regardless of whether the owner submits a notice or a permit
application, the project shall meet the requirements in subsection B of
this section, and the notice or permit application shall contain the
information required in subsection C of this section.]{.underline}~~

~~[B. Any project that relies on the PCP exclusion shall provide the
following:]{.underline}~~

~~[1. The environmental benefit from the emission reductions of
pollutants regulated under the federal Clean Air Act shall outweigh the
environmental detriment of emissions increases. A statement that a
technology from subdivisions a through f of the definition of "pollution
control project" is being used shall be presumed to satisfy this
requirement.]{.underline}~~

~~[2. The emissions increases from the project shall not cause or
contribute to a violation of any ambient air quality standard or ambient
air increment in 9 VAC 5-80-1635, or have an adverse impact on an air
quality related value (such as visibility) that has been identified for
a federal class I area by a federal land manager and for which
information is available to the general public.]{.underline}~~

~~[C. In the notice or permit application sent to the board, the owner
shall include, at a minimum, the following information:]{.underline}~~

~~[1. A description of the project.]{.underline}~~

~~[2. The potential emissions increases and decreases of any pollutant
regulated under the federal Clean Air Act and the projected emissions
increases and decreases using the methodology in 9 VAC 5-80-2000 I, that
will result from the project, and a copy of the environmentally
beneficial analysis required by subdivision B 1 of this
section.]{.underline}~~

~~[3. A description of monitoring and recordkeeping, and all other
methods, to be used on an ongoing basis to demonstrate that the project
is environmentally beneficial. Methods should be sufficient to meet the
requirements in the federal operating permit program.]{.underline}~~

[4~~. A certification that the project will be designed and operated in
a manner that is consistent with proper industry and engineering
practices, in a manner that is consistent with the environmentally
beneficial analysis and air quality analysis required by subsection B of
this section, with information submitted in the notice or permit
application, and in such a way as to minimize, within the physical
configuration and operational standards usually associated with the
emissions control device or strategy, emissions of collateral
pollutants.~~]{.underline}

~~[5. Demonstration that the PCP will not have an adverse air quality
impact (e.g., modeling, screening level modeling results, or a statement
that the collateral emissions increase is included within the parameters
used in the most recent modeling exercise) as required by subdivision B
2 of this section. An air quality impact analysis is not required for
any pollutant which will not experience a significant emissions increase
as a result of the project.]{.underline}~~

~~[D. For projects listed in subdivisions a through f of the definition
of "pollution control project," the owner may begin actual construction
of the project immediately after notice is sent to the board (unless
otherwise prohibited under requirements of the applicable implementation
plan). The owner shall respond to any requests by the board for
additional information that the board determines is necessary to
evaluate the suitability of the project for the PCP
exclusion.]{.underline}~~

~~[E. Before an owner begins actual construction of a PCP project that
is not listed in subdivisions a through f of the definition of
"pollution control project," the project shall be approved by the board
and recorded in an NSR permit, state operating permit, or federal
operating permit. The permit procedures must include the requirement
that the board provide the public with notice of the proposed approval,
with access to the environmentally beneficial analysis and the air
quality analysis, and provide at least a 30-day period for the public
and the administrator to submit comments. The board will address all
material comments received by the end of the comment period before
taking final action on the permit.]{.underline}~~

~~[F. Upon installation of the PCP, the owner shall comply with the
following operational requirements:]{.underline}~~

~~[1. The owner shall operate the PCP in a manner consistent with proper
industry and engineering practices, in a manner that is consistent with
the environmentally beneficial analysis and air quality analysis
required by subsection B of this section, with information submitted in
the notice or permit application required by subsection C of this
section, and in such a way as to minimize, within the physical
configuration and operational standards usually associated with the
emissions control device or strategy, emissions of collateral
pollutants.]{.underline}~~

~~[2. The owner shall maintain copies on site of the environmentally
beneficial analysis, the air quality impacts analysis, and monitoring
and other emission records to prove that the PCP operated consistent
with the requirements of subdivision 1 of this
subsection.]{.underline}~~

~~[3. The owner shall comply with any provisions in the applicable
permit related to use and approval of the PCP exclusion.]{.underline}~~

[4~~. Emission reductions created by a PCP shall not be included in
calculating a significant net emissions increase, or be used for
generating offsets, unless the emissions unit further reduces emissions
after qualifying for the PCP exclusion (e.g., taking an operational
restriction on the hours of operation). The owner may generate a credit
for the difference between the level of reduction which was used to
qualify for the PCP exclusion and the new emission limitation if such
reductions are surplus, quantifiable, and permanent. For purposes of
generating offsets, the reductions shall also be federally enforceable.
For purposes of determining creditable net emissions increases and
decreases, the reductions shall also be enforceable as a practical
matter.~~]{.underline}

[9 VAC 5-80-2144. Actuals plantwide applicability limits
(PALs)]{.underline}

[A. The board may approve the use of an actuals PAL for any existing
major stationary source (except as provided in subdivision 1 of this
subsection) if the PAL meets the requirements of this section. The term
\"PAL\" shall mean \"actuals PAL\" throughout this section.]{.underline}

[1. No PAL shall be allowed for VOC or NO~X~ for any source located in
an extreme ozone nonattainment area.]{.underline}

[2. Any physical change in or change in the method of operation of a
source that maintains its total sourcewide emissions below the PAL
level, meets the requirements of this section, and complies with the PAL
permit:]{.underline}

[a. Is not a major modification for the PAL pollutant;]{.underline}

[b. Does not have to be approved through this article; and]{.underline}

[c. Is not subject to the provisions in 9 VAC 5-80-2000 D (restrictions
on relaxing enforceable emission limitations that the major stationary
source used to avoid applicability of the major NSR
program).]{.underline}

[3. Except as provided under subdivision 2 c of this subsection, a
source shall continue to comply with all applicable federal or state
requirements, emission limitations, and work practice requirements that
were established prior to the effective date of the PAL.]{.underline}

[B. As part of a permit application requesting a PAL, the owner of a
major stationary source shall submit the following information to the
board for approval:]{.underline}

[1. A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner shall indicate which, if any, federal or state applicable
requirements, emission limitations or work practices apply to each
unit.]{.underline}

[2. Calculations of the baseline actual emissions, with supporting
documentation. Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown and malfunction.]{.underline}

[3. The calculation procedures that the owner proposes to use to convert
the monitoring system data to monthly emissions and annual emissions
based on a 12-month rolling total for each month as required by
subdivision N 1 of this section.]{.underline}

[C. The general requirements set forth in this subsection shall apply to
the establishment of PALs.]{.underline}

[1. The board may establish a PAL at a major stationary source, provided
that at a minimum, the following requirements are met:]{.underline}

[a. The PAL shall impose an annual emission limitation in tons per year,
that is enforceable as a practical matter, for the entire source. For
each month during the PAL effective period after the first 12 months of
establishing a PAL, the owner shall show that the sum of the monthly
emissions from each emissions unit under the PAL for the previous 12
consecutive months is less than the PAL (a 12-month rolling average).
For each month during the first 11 months from the PAL effective date,
the owner shall show that the sum of the preceding monthly emissions
from the PAL effective date for each emissions unit under the PAL is
less than the PAL.]{.underline}

[b. The PAL shall be established in a PAL permit that meets the public
participation requirements in subsection D of this section.]{.underline}

[c. The PAL permit shall contain all the requirements of subsection F of
this section.]{.underline}

[d. The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant.]{.underline}

[e. Each PAL shall regulate emissions of only one
pollutant.]{.underline}

[f. Each PAL shall have a PAL effective period of five
years.]{.underline}

[g. The owner shall comply with the monitoring, recordkeeping,
and]{.underline}

[reporting requirements provided in subsections M through O of this
section for each emissions unit under the PAL through the PAL effective
period.]{.underline}

[2. At no time (during or after the PAL effective period) are emissions
reductions of a PAL pollutant, which occur during the PAL effective
period, creditable as decreases for purposes of offsets under 9 VAC
5-80-2120 F through N unless the level of the PAL is reduced by the
amount of such emissions reductions and such reductions would be
creditable in the absence of the PAL.]{.underline}

[D. PALs for existing major stationary sources shall be established,
renewed, or increased through the public participation procedures ~~of 9
VAC 5-90-2070~~ prescribed in the applicable permit programs identified
in the definition of PAL permit. ~~This includes the requirement that
the board provide~~ In no case may the board issue a PAL permit unless
the board provides the public with notice of the proposed approval of a
PAL permit and at least a 30-day period for submittal of public comment.
The board will address all material comments before taking final action
on the permit.]{.underline}

[E. The actuals PAL level for a major stationary source shall be
established as the sum of the baseline actual emissions of the PAL
pollutant for each emissions unit at the source; plus an amount equal to
the applicable significant level for the PAL pollutant or under the
federal Clean Air Act, whichever is lower. When establishing the actuals
PAL level, for a PAL pollutant, only one consecutive 24-month period
shall be used to determine the baseline actual emissions for all
existing emissions units. The same consecutive 24-month period shall be
used for each different PAL pollutant unless the owner can demonstrate
to the satisfaction of the board that a different consecutive 24-month
period for a different pollutant or pollutants is more appropriate due
to extenuating circumstances. Emissions associated with units that were
permanently shutdown after this 24-month period shall be subtracted from
the PAL level. Emissions from units on which actual construction began
after the 24-month period shall be added to the PAL level in an amount
equal to the potential to emit of the units. The board will specify a
reduced PAL level (in tons per year) in the PAL permit to become
effective on the future compliance dates of any applicable federal or
state regulatory requirements that the board is aware of prior to
issuance of the PAL permit. For instance, if the source owner will be
required to reduce emissions from industrial boilers in half from
baseline emissions of 60 ppm NO~X~ to a new rule limit of 30 ppm, then
the permit shall contain a future effective PAL level that is equal to
the current PAL level reduced by half of the original baseline emissions
of such units.]{.underline}

[F. The PAL permit shall contain, at a minimum, the following
information:]{.underline}

[1. The PAL pollutant and the applicable sourcewide emission limitation
in tons per year.]{.underline}

[2. The PAL permit effective date and the expiration date of the PAL
(PAL effective period).]{.underline}

[3. Specification in the PAL permit that if an owner applies to renew a
PAL in accordance with subsection J of this section before the end of
the PAL effective period, then the PAL shall not expire at the end of
the PAL effective period. It shall remain in effect until a revised PAL
permit is issued by the board, or until the board determines that the
revised PAL permit will not be issued.]{.underline}

[4. A requirement that emission calculations for compliance purposes
include emissions from startups, shutdowns and
malfunctions.]{.underline}

[5. A requirement that, once the PAL expires, the source is subject to
the requirements of subsection I of this section.]{.underline}

[6. The calculation procedures that the owner shall use to convert the
monitoring system data to monthly emissions and annual emissions based
on a 12-month rolling total for each month as required by subdivision N
1 of this section.]{.underline}

[7. A requirement that the owner monitor all emissions units in
accordance with the provisions under subsection M of this
section.]{.underline}

[8. A requirement to retain the records required under subsection N of
this section on site. Such records may be retained in an electronic
format.]{.underline}

[9. A requirement to submit the reports required under subsection O of
this section by the required deadlines.]{.underline}

[10. Any other requirements that the board deems necessary to implement
and enforce the PAL.]{.underline}

[G. The PAL effective period shall be five years.]{.underline}

[H. The requirements for reopening of a PAL permit set forth in this
section shall apply to actuals PALs.]{.underline}

[1. During the PAL effective period, the board will reopen the PAL
permit to:]{.underline}

[a. Correct typographical and calculation errors made in setting the PAL
or reflect a more accurate determination of emissions used to establish
the PAL;]{.underline}

[b. Reduce the PAL if the owner creates creditable emissions reductions
for use as offsets under 9 VAC 5-80-2120 F through N; and]{.underline}

[c. Revise the PAL to reflect an increase in the PAL as provided under
subsection L of this section.]{.underline}

[2. The board may reopen the PAL permit for any of the following
reasons:]{.underline}

[a. Reduce the PAL to reflect newly applicable federal requirements
(e.g., NSPS) with compliance dates after the PAL effective
date.]{.underline}

[b. Reduce the PAL consistent with any other requirement, that is
enforceable as a practical matter, and that the board may impose on the
major stationary source.]{.underline}

[c. Reduce the PAL if the board determines that a reduction is necessary
to avoid causing or contributing to a violation of an ambient air
quality standard or ambient air increment in 9 VAC 5-80-1635, or to an
adverse impact on an air quality related value that has been identified
for a federal class I area by a federal land manager and for which
information is available to the general public.]{.underline}

[3. Except for the permit reopening in subdivision 1 a of this
subsection for the correction of typographical and calculation errors
that do not increase the PAL level, all other reopenings shall be
carried out in accordance with the public participation requirements of
subsection D of this section.]{.underline}

[I. Any PAL which is not renewed in accordance with the procedures in
subsection J of this section shall expire at the end of the PAL
effective period, and the following requirements shall
apply:]{.underline}

[1. Each emissions unit or each group of emissions units that existed
under the PAL shall comply with an allowable emission limitation under a
revised permit established according to the following
procedures:]{.underline}

[a. Within the timeframe specified for PAL renewals in subdivision J 2
of this section, the source shall submit a proposed allowable emission
limitation for each emissions unit (or each group of emissions units, if
such a distribution is more appropriate as decided by the board) by
distributing the PAL allowable emissions for the source among each of
the emissions units that existed under the PAL. If the PAL had not yet
been adjusted for an applicable requirement that became effective during
the PAL effective period, as required under subsection J 5 of this
section, such distribution shall be made as if the PAL had been
adjusted.]{.underline}

[b. The board will decide whether and how the PAL allowable emissions
will be distributed and issue a revised permit incorporating allowable
limits for each emissions unit, or each group of emissions units, as the
board determines is appropriate.]{.underline}

[2. Each emissions unit shall comply with the allowable emission
limitation on a 12-month rolling basis. The board may approve the use of
monitoring systems (such as source testing or emission factors) other
than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the
allowable emission limitation.]{.underline}

[3. Until the board issues the revised permit incorporating allowable
limits for each emissions unit, or each group of emissions units, as
required under subdivision 1 b of this subsection, the source shall
continue to comply with a sourcewide, multiunit emissions cap equivalent
to the level of the PAL emission limitation.]{.underline}

[4. Any physical change or change in the method of operation at the
source will be subject to the nonattainment major NSR requirements if
such change meets the definition of "major modification."]{.underline}

[5. The owner shall continue to comply with any state or federal
applicable requirements (such as BACT, RACT, or NSPS) that may have
applied either during the PAL effective period or prior to the PAL
effective period except for those emission limitations that had been
established pursuant to 9 VAC 5-80-2000 D, but were eliminated by the
PAL in accordance with the provisions in subdivision A 2 c of this
section.]{.underline}

[J. The requirements for the renewal of the PAL permit set forth in this
subsection shall apply to actuals PALs.]{.underline}

[1. The board will follow the procedures specified in subsection D of
this section in approving any request to renew a PAL, and will provide
both the proposed PAL level and a written rationale for the proposed PAL
level to the public for review and comment. During such public review,
any person may propose a PAL level for the source for consideration by
the board.]{.underline}

[2. The owner shall submit a timely application to the board to request
renewal of a PAL. A timely application is one that is submitted at least
six months prior to, but not earlier than 18 months from, the date of
permit expiration. This deadline for application submittal is to ensure
that the permit will not expire before the permit is renewed. If the
owner submits a complete application to renew the PAL within this time
period, then the PAL shall continue to be effective until the revised
permit with the renewed PAL is issued, or until the board determines
that the revised permit with the renewed PAL will not be issued, and a
permit is issued pursuant to subsection I of this section.]{.underline}

[3. The application to renew a PAL permit shall contain the following
information:]{.underline}

[a. The information required in subsection B of this
section.]{.underline}

[b. A proposed PAL level.]{.underline}

[c. The sum of the potential to emit of all emissions units under the
PAL, with supporting documentation.]{.underline}

[d. Any other information the owner wishes the board to consider in
determining the appropriate level for renewing the PAL.]{.underline}

[K. The requirements for the adjustment of the PAL set forth in this
subsection shall apply to actuals PALs. In determining whether and how
to adjust the PAL, the board will consider the options outlined in
subdivisions 1 and 2 of this subsection. However, in no case may any
such adjustment fail to comply with subdivision 3 of this
subsection.]{.underline}

[1. If the emissions level calculated in accordance with subsection E of
this section is equal to or greater than 80% of the PAL level, the board
may renew the PAL at the same level without considering the factors set
forth in subdivision 2 of this subsection; or]{.underline}

[2. The board may set the PAL at a level that it determines to be more
representative of the source\'s baseline actual emissions, or that it
determines to be appropriate considering air quality needs, advances in
control technology, anticipated economic growth in the area, desire to
reward or encourage the source\'s voluntary emissions reductions, or
other factors as specifically identified by the board in its written
rationale.]{.underline}

[3. Notwithstanding subdivisions 1 and 2 of this
subsection:]{.underline}

[a. If the potential to emit of the source is less than the PAL, the
board will adjust the PAL to a level no greater than the potential to
emit of the source; and]{.underline}

[b. The board will not approve a renewed PAL level higher than the
current PAL, unless the source has complied with the provisions for
increasing a PAL under subsection L of this section.]{.underline}

[4. If the compliance date for a state or federal requirement that
applies to the PAL source occurs during the PAL effective period, and if
the board has not already adjusted for such requirement, the PAL shall
be adjusted at the time of PAL permit renewal or federal operating
permit renewal, whichever occurs first.]{.underline}

[L. The requirements for increasing a PAL during the PAL effective
period set forth in this subsection shall apply to actuals
PALs.]{.underline}

[1. The board may increase a PAL emission limitation only if the owner
of the major stationary source complies with the following
provisions:]{.underline}

[a. The owner shall submit a complete application to request an increase
in the PAL limit for a PAL major modification. Such application shall
identify the emissions units contributing to the increase in emissions
so as to cause the source\'s emissions to equal or exceed its
PAL.]{.underline}

[b. As part of this application, the owner shall demonstrate that the
sum of the baseline actual emissions of the small emissions units, plus
the sum of the baseline actual emissions of the significant and major
emissions units assuming application of BACT equivalent controls, plus
the sum of the allowable emissions of the new or modified emissions
units exceeds the PAL. The level of control that would result from BACT
equivalent controls on each significant or major emissions unit shall be
determined by conducting a new BACT analysis at the time the application
is submitted, unless the emissions unit is currently required to comply
with a BACT or LAER requirement that was established within the
preceding five years. In such a case, the assumed control level for that
emissions unit shall be equal to the level of BACT or LAER with which
that emissions unit shall currently comply.]{.underline}

[c. The owner obtains a major NSR permit for all emissions units
identified in subdivision 1 of this subsection, regardless of the
magnitude of the emissions increase resulting from them (i.e., no
significant levels apply). These emissions units shall comply with any
emissions requirements resulting from the nonattainment major NSR
program process (e.g., LAER), even though they have also become subject
to the PAL or continue to be subject to the PAL.]{.underline}

[2. The PAL permit shall require that the increased PAL level shall be
effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL
pollutant.]{.underline}

[3. The board will calculate the new PAL as the sum of the allowable
emissions for each modified or new emissions unit, plus the sum of the
baseline actual emissions of the significant and major emissions units
(assuming application of BACT equivalent controls as determined in
accordance with subdivision 1 b of this subsection), plus the sum of the
baseline actual emissions of the small emissions units.]{.underline}

[4. The PAL permit shall be revised to reflect the increased PAL level
pursuant to the public notice requirements of subsection D of this
section.]{.underline}

[M. The requirements for monitoring the PAL set forth in this subsection
apply to actuals PALs.]{.underline}

[1. The general requirements for monitoring a PAL set forth in this
subdivision apply to actuals PALs.]{.underline}

[a. Each PAL permit shall contain enforceable requirements for the
monitoring system that accurately determines plantwide emissions of the
PAL pollutant in terms of mass per unit of time. Any monitoring system
authorized for use in the PAL permit shall be based on sound science and
meet generally acceptable scientific procedures for data quality and
manipulation. Additionally, the information generated by such system
shall meet minimum legal requirements for admissibility in a judicial
proceeding to enforce the PAL permit.]{.underline}

[b. The PAL monitoring system shall employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in subdivision 2 of this subsection and must be approved by the
board.]{.underline}

[c. Notwithstanding subdivision 1 b of this subsection, the owner may
also employ an alternative monitoring approach that meets subdivision 1
a of this subsection if approved by the board.]{.underline}

[d. Failure to use a monitoring system that meets the requirements of
this section renders the PAL invalid.]{.underline}

[2. The following are acceptable general monitoring approaches when
conducted in accordance with the minimum requirements in subdivisions 3
through 9 of this subsection:]{.underline}

[a. Mass balance calculations for activities using coatings or
solvents;]{.underline}

[b. CEMS;]{.underline}

[c. CPMS or PEMS; and]{.underline}

[d. emission factors.]{.underline}

[3. An owner using mass balance calculations to monitor PAL pollutant
emissions from activities using coating or solvents shall meet the
following requirements:]{.underline}

[a. Provide a demonstrated means of validating the published content of
the PAL pollutant that is contained in or created by all materials used
in or at the emissions unit;]{.underline}

[b. Assume that the emissions unit emits all of the PAL pollutant that
is contained in or created by any raw material or fuel used in or at the
emissions unit, if it cannot otherwise be accounted for in the process;
and]{.underline}

[c. Where the vendor of a material or fuel, which is used in or at the
emissions unit, publishes a range of pollutant content from such
material, the owner shall use the highest value of the range to
calculate the PAL pollutant emissions unless the board determines there
is site-specific data or a site-specific monitoring program to support
another content within the range.]{.underline}

[4. An owner using CEMS to monitor PAL pollutant emissions shall meet
the following requirements:]{.underline}

[a. CEMS shall comply with applicable performance specifications found
in 40 CFR Part 60, appendix B; and]{.underline}

[b. CEMS shall sample, analyze and record data at least every 15 minutes
while the emissions unit is operating.]{.underline}

[5. An owner using CPMS or PEMS to monitor PAL pollutant emissions shall
meet the following requirements:]{.underline}

[a. The CPMS or the PEMS shall be based on current site-specific data
demonstrating a correlation between the monitored parameters and the PAL
pollutant emissions across the range of operation of the emissions unit;
and]{.underline}

[b. Each CPMS or PEMS shall sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
board, while the emissions unit is operating.]{.underline}

[6. An owner using emission factors to monitor PAL pollutant emissions
shall meet the following requirements:]{.underline}

[a. All emission factors shall be adjusted, if appropriate, to account
for the degree of uncertainty or limitations in the factors\'
development;]{.underline}

[b. The emissions unit shall operate within the designated range of use
for the emission factor, if applicable; and]{.underline}

[c. If technically practicable, the owner of a significant emissions
unit that relies on an emission factor to calculate PAL pollutant
emissions shall conduct validation testing to determine a site-specific
emission factor within six months of PAL permit issuance, unless the
board determines that testing is not required.]{.underline}

[7. The owner shall record and report maximum potential emissions
without considering enforceable emission limitations or operational
restrictions for an emissions unit during any period of time that there
is no monitoring data, unless another method for determining emissions
during such periods is specified in the PAL permit.]{.underline}

[8. Notwithstanding the requirements in subdivisions 3 through 7 of this
subsection, where an owner of an emissions unit cannot demonstrate a
correlation between the monitored parameters and the PAL pollutant
emissions rate at all operating points of the emissions unit, the board
will, at the time of permit issuance:]{.underline}

[a. Establish default values for determining compliance with the PAL
based on the highest potential emissions reasonably estimated at such
operating points; or]{.underline}

[b. Determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameters and
the PAL pollutant emissions is a violation of the PAL.]{.underline}

[9. All data used to establish the PAL pollutant shall be revalidated
through performance testing or other scientifically valid means approved
by the board. Such testing shall occur at least once every five years
after issuance of the PAL.]{.underline}

[N. The requirements for recordkeeping in the PAL permit set forth in
this subsection shall apply to actuals PALs.]{.underline}

[1. The PAL permit shall require the owner to retain a copy of all
records necessary to determine compliance with any requirement of this
section and of the PAL, including a determination of each emissions
unit\'s 12-month rolling total emissions, for five years from the date
of such record.]{.underline}

[2. The PAL permit shall require an owner to retain a copy of the
following records for the duration of the PAL effective period plus five
years:]{.underline}

[a. A copy of the PAL permit application and any applications for
revisions to the PAL; and]{.underline}

[b. Each annual certification of compliance pursuant to the federal
operating permit and the data relied on in certifying the
compliance.]{.underline}

[O. The owner shall submit semi-annual monitoring reports and prompt
deviation reports to the board in accordance with the federal operating
permit program. The reports shall meet the following
requirements:]{.underline}

[1. The semi-annual report shall be submitted to the board within 30
days of the end of each reporting period. This report shall contain the
following information:]{.underline}

[a. Identification of the owner and the permit number.]{.underline}

[b. Total annual emissions in tons per year based on a 12-month rolling
total for each month in the reporting period recorded pursuant to
subdivision N 1 of this section.]{.underline}

[c. All data relied upon, including, but not limited to, any quality
assurance or quality control data, in calculating the monthly and annual
PAL pollutant emissions.]{.underline}

[d. A list of any emissions units modified or added to the source during
the preceding six-month period.]{.underline}

[e. The number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.]{.underline}

[f. A notification of a shutdown of any monitoring system, whether the
shutdown was permanent or temporary, the reason for the shutdown, the
anticipated date that the monitoring system will be fully operational or
replaced with another monitoring system, and whether the emissions unit
monitored by the monitoring system continued to operate, and the
calculation of the emissions of the pollutant or the number determined
by method included in the permit, as provided by subdivision M 7 of this
section.]{.underline}

[g. A signed statement by the responsible official (as defined by the
federal operating permit program) certifying the truth, accuracy, and
completeness of the information provided in the report.]{.underline}

[2. The owner shall promptly submit reports of any deviations or
exceedance of the PAL requirements, including periods where no
monitoring is available. A report submitted pursuant to 9 VAC 5-80-110 F
2 b shall satisfy this reporting requirement. The deviation reports
shall be submitted within the time limits prescribed by 9 VAC 5-80-110 F
2 b. The reports shall contain the following information:]{.underline}

[a. Identification of the owner and the permit number;]{.underline}

[b. The PAL requirement that experienced the deviation or that was
exceeded;]{.underline}

[c. Emissions resulting from the deviation or the exceedance;
and]{.underline}

[d. A signed statement by the responsible official (as defined by the
federal operating permit program) certifying the truth, accuracy, and
completeness of the information provided in the report.]{.underline}

[3. The owner shall submit to the board the results of any revalidation
test or method within three months after completion of such test or
method.]{.underline}

[P. The board will not issue a PAL that does not comply with the
requirements of this section after ~~the effective date of this
revision~~ \[~~February 22~~ September 1\], 2006. The board may
supersede any PAL that was established prior to ~~the effective date of
this revision~~ \[~~February 22~~ September 1\], 2006 with a PAL that
complies with the requirements of this section.]{.underline}

9 VAC 5-80-2150. Compliance with local zoning requirements.

No provision of this part or any permit issued thereunder shall relieve
an owner of the responsibility to comply in all respects with any
existing zoning ordinances and regulations in the locality in which the
source is located or proposes to be located; provided, however, that
such compliance does not relieve the board of its duty under 9 VAC
5-170-170 and § 10.1‑1307 E of the Virginia Air Pollution Control Law to
independently consider relevant facts and circumstances.

9 VAC 5-80-2160. Repealed.

9 VAC 5-80-2170. Transfer of permits.

A. No person shall transfer a permit from one location to another, or
from one piece of equipment to another.

B. In the case of a transfer of ownership of a stationary source, the
new owner shall abide by any current permit issued to the previous
owner. The new owner shall notify the board of the change in ownership
within 30 days of the transfer.

C. In the case of a name change of a stationary source, the owner shall
abide by any current permit issued under the previous source name. The
owner shall notify the board of the change in source name within 30 days
of the name change.

9 VAC 5-80-2180. Permit invalidation, suspension, revocation, and
enforcement.

A. A permit granted pursuant to this article shall become invalid if a
program of continuous construction~~, reconstruction~~ or modification
is not commenced within ~~the latest of the following time frames:~~

~~1. Eighteen~~ [18]{.underline} months from the date the permit is
granted.

~~2. Nine months from the date of the issuance of the last permit or
other authorization (other than permits granted pursuant to this
article) from any government entity.~~

~~3. Nine months from the date of the last resolution of any litigation
concerning any such permits or authorizations (including permits granted
pursuant to this article).~~

B. A permit granted pursuant to this article shall become invalid if a
program of construction~~, reconstruction~~ or modification is
discontinued for a period of 18 months or more or if a program of
construction~~, reconstruction~~ or modification is not completed within
a reasonable time. This provision does not apply to the period between
construction of the approved phases of a phased construction project;
each phase ~~must~~ [shall]{.underline} commence construction within 18
months of the projected and approved commencement date.

C. The board may extend the periods prescribed in subsections A and B of
this section upon satisfactory demonstration that an extension is
justified. Provided there is no substantive change to the application
information, the review and analysis, and the decision of the board,
such extensions may be granted using the procedures for minor amendments
in 9 VAC 5-80-2220.

D. Any owner who constructs or operates a source or modification not in
accordance [(i) with the application submitted pursuant to this article,
or (ii)]{.underline} with the terms and conditions of any permit to
construct or operate, or any owner of a source or modification subject
to this article who commences construction or operation without applying
for and receiving a permit hereunder, shall be subject to appropriate
enforcement action including, but not limited to, any specified in this
section.

E. Permits issued under this article shall be subject to such terms and
conditions set forth in the permit as the board may deem necessary to
ensure compliance with all [applicable]{.underline} requirements of the
regulations of the board.

F. The board may revoke any permit if the permittee:

1\. Knowingly makes material misstatements in the permit application or
any amendments thereto;

2\. Fails to comply with the terms or conditions of the permit;

3\. Fails to comply with any emission standards applicable to an
emissions unit included in the permit;

4\. Causes emissions from the stationary source which result in
violations of, or interfere with the attainment and maintenance of, any
ambient air quality standard; or fails to operate in conformance with
any applicable control strategy, including any emission standards or
emission limitations, in the implementation plan in effect at the time
that an application is submitted; or

5\. Fails to comply with the applicable provisions of this article.

G. The board may suspend, under such conditions and for such period of
time as the board may prescribe, any permit for any of the grounds for
revocation contained in subsection F of this section or for any other
violations of the regulations of the board.

H. The permittee shall comply with all terms and conditions of the
permit. Any permit noncompliance constitutes a violation of the Virginia
Air Pollution Control Law and is grounds for (i) enforcement action or
(ii) revocation.

I. Violation of the regulations of the board shall be grounds for
revocation of permits issued under this article and are subject to the
civil charges, penalties and all other relief contained in Part V (9 VAC
5-170-120 et seq.) of 9 VAC 5 Chapter 170 and the Virginia Air Pollution
Control Law (§ 10.1‑1300 et seq. of the Code of Virginia).

J. The board ~~shall~~ [will]{.underline} notify the applicant in
writing of its decision, with its reasons, to change, suspend or revoke
a permit or to render a permit invalid.

9 VAC 5-80-2190. Existence of permit no defense.

The existence of a permit under this article shall not constitute a
defense to a violation of the Virginia Air Pollution Control Law (§
10.1‑1300 et seq. of the Code of Virginia) or the regulations of the
board and shall not relieve any owner of the responsibility to comply
with any applicable regulations, laws, ordinances and orders of the
governmental entities having jurisdiction.

9 VAC 5‑80-2200. Changes to permits.

A. The general requirements for making changes to permits [issued under
this article]{.underline} are as follows:

1\. ~~Changes~~ [Except as provided in subdivision 3 of this subsection,
changes]{.underline} to a permit issued under this article shall be made
as specified under subsections B and C of this section and 9 VAC
5‑80-2210 through 9 VAC 5‑80-2240.

2\. Changes to a permit issued under this article may be initiated by
the permittee as specified in subsection B of this section or by the
board as specified in subsection C of this section.

3\. Changes to a permit issued under this article and incorporated into
a permit issued under Article 1 (9 VAC 5-80-50 et seq.) or Article 3 (9
VAC 5-80-360 et seq.) of this part shall be made as specified in Article
1 (9 VAC 5-80-50 et seq.) or Article 3 (9 VAC 5-80-360 et seq.) of this
part.

4\. ~~This section shall not be applicable to general permits.~~ [Under
no circumstances may a permit issued under this article be changed in
order to (i) incorporate the terms and conditions necessary to implement
any provision of the new source review program for a project that
qualifies as a modification under the new source review program or (ii)
incorporate the terms and conditions necessary to implement any
provision of the new source review program for a PAL
permit.]{.underline}

B. The requirements for changes initiated by the permittee are as
follows:

1\. The permittee may initiate a change to a permit by submitting a
written request to the board for an administrative permit amendment, a
minor permit amendment or a significant permit amendment. The
requirements for these permit ~~revisions~~ [changes]{.underline} can be
found in 9 VAC 5‑80-2210 through 9 VAC 5‑80-2230.

2\. A request for a change by a permittee shall include a statement of
the reason for the proposed change.

C. The board may initiate a change to a permit through the use of permit
reopenings as specified in 9 VAC 5‑80-2240.

9 VAC 5‑80-2210. Administrative permit amendments.

A. Administrative permit amendments shall be required for and limited to
the following:

1\. Correction of typographical or any other error, defect or
irregularity that does not substantially affect the permit.

2\. Identification of a change in the name, address, or phone number of
any person identified in the permit, or of a similar minor
administrative change at the source.

3\. Change in ownership or operational control of a source where the
board determines that no other change in the permit is necessary,
provided that a written agreement containing a specific date for
transfer of permit responsibility, coverage, and liability between the
current and new permittee has been submitted to the board and the
requirements of 9 VAC 5‑80‑2170 have been fulfilled.

~~4. The combining of permits under the new source review program as
provided in 9 VAC 5-80-2020 C.~~

B. The administrative permit amendment procedures are as follows:

1\. The board will normally take final action on a request for an
administrative permit amendment no more than 60 days from receipt of the
request.

2\. The board ~~shall~~ [will]{.underline} incorporate the changes
without providing notice to the public under 9 VAC 5‑80‑2070. However,
any such permit revisions shall be designated in the permit amendment as
having been made pursuant to this section.

3\. The owner may implement the changes addressed in the request for an
administrative amendment immediately upon submittal of the request.

9 VAC 5‑80-2220. Minor permit amendments.

A. Minor permit amendment procedures shall be used only for those permit
amendments that [meet all of the following criteria]{.underline}:

1\. Do not violate any applicable federal
requirement~~;~~[.]{.underline}

2\. Do not involve significant changes to existing monitoring,
reporting, or record keeping requirements that would make the permit
requirements less stringent, such as a change to the method of
monitoring to be used, a change to the method of demonstrating
compliance or a relaxation of reporting or record keeping
requirements~~;~~[.]{.underline}

3\. Do not require or change a case‑by‑case determination of an emission
limitation or other standard~~;~~[.]{.underline}

4\. Do not seek to establish or change a permit term or condition (i)
for which there is no corresponding underlying applicable regulatory
requirement and (ii) that the source has assumed to avoid an applicable
regulatory requirement to which the source would otherwise be subject.
Such terms and conditions include~~:~~

~~a. An~~[, but are not limited to, an]{.underline} emissions cap
assumed to avoid classification as a modification under the new source
review program ~~or § 112 of the federal Clean Air Act; and~~

~~b. An alternative emissions limit approved pursuant to regulations
promulgated under §  112(i)(5) of the federal Clean Air
Act;~~[.]{.underline}

5\. ~~Are not modifications under the new source review program;
and[.]{.underline}~~

~~6.~~ Are not required to be processed as a significant amendment under
9 VAC 5‑80-2230; or as an administrative permit amendment under 9 VAC
5‑80-2210.

B. Notwithstanding subsection A of this section, minor permit amendment
procedures may be used for permit amendments that [meet any of the
following criteria]{.underline}:

1\. Involve the use of economic incentives, emissions trading, and other
similar approaches, to the extent that such minor permit amendment
procedures are explicitly provided for in a regulation of the board or a
federally‑approved program.

2\. Require more frequent monitoring or reporting by the permittee ~~or
to reduce the level of an emissions cap~~.

3\. Designate any term or permit condition that meets the criteria in 9
VAC 5-80-2020 E 1 as state-only enforceable as provided in 9 VAC
5-80-2020 E 2 for any permit issued under this article or any regulation
from which this article is derived.

C. ~~Notwithstanding subsection A of this section, minor~~
[Minor]{.underline} permit amendment procedures may be used for permit
amendments involving the rescission of a provision of a permit if the
board and the owner make a mutual determination that the provision is
rescinded because all of the [underlying]{.underline} statutory or
regulatory requirements (i) upon which the provision is based or (ii)
that necessitated inclusion of the provision are no longer applicable.
[In order for the underlying statutory and regulatory requirements to be
considered no longer applicable, the provision of the permit that is
being rescinded must not cover a regulated NSR pollutant.]{.underline}

D. A request for the use of minor permit amendment procedures shall
include all of the following:

1\. A description of the change, the emissions resulting from the
change, and any new applicable regulatory requirements that will apply
if the change occurs.

2\. A request that such procedures be used.

E. The public participation requirements of 9 VAC 5‑80‑2070 shall not
extend to minor permit amendments.

F. Normally within 90 days of receipt by the board of a complete request
under minor permit amendment procedures, the board will do one of the
following:

1\. Issue the permit amendment as proposed.

2\. Deny the permit amendment request.

3\. Determine that the requested amendment does not meet the minor
permit amendment criteria and should be reviewed under the significant
amendment procedures.

G. The requirements for making changes are as follows:

1\. The owner may make the change proposed in the minor permit amendment
request immediately after the request is filed.

2\. After the change under subdivision 1 of this subsection is made, and
until the board takes any of the actions specified in subsection F of
this section, the source shall comply with both the applicable
regulatory requirements governing the change and the proposed permit
terms and conditions.

3\. During the time period specified in subdivision 2 of this
subsection, the owner need not comply with the existing permit terms and
conditions the owner seeks to modify. However, if the owner fails to
comply with the proposed permit terms and conditions during this time
period, the existing permit terms and conditions the owner seeks to
modify may be enforced against the owner.

9 VAC 5‑80-2230. Significant amendment procedures.

A. The criteria for use of significant amendment procedures are as
follows:

1\. Significant amendment procedures shall be used for requesting permit
amendments that do not qualify as minor permit amendments under 9 VAC
5‑80-2220 or as administrative amendments under 9 VAC 5‑80-2210.

2\. Significant amendment procedures shall be used for those permit
amendments that [meet any one of the following criteria]{.underline}:

a\. Involve significant changes to existing monitoring, reporting, or
recordkeeping requirements that would make the permit requirements less
stringent, such as a change to the method of monitoring to be used, a
change to the method of demonstrating compliance or a relaxation of
reporting or record keeping requirements.

b\. Require or change a case‑by‑case determination of an emission
limitation or other standard.

c\. Seek to establish or change a permit term or condition (i) for which
there is no corresponding underlying applicable regulatory requirement
and (ii) that the source has assumed to avoid an applicable regulatory
requirement to which the source would otherwise be subject. Such terms
and conditions include~~:~~

~~(1) An~~ [, but are not limited to, an]{.underline} emissions cap
assumed to avoid classification as a modification under the new source
review program ~~or § 112 of the federal Clean Air Act; and~~

~~(2) An alternative emissions limit approved pursuant to regulations
promulgated under § 112(i)(5) of the federal Clean Air Act~~.

B. A request for a significant permit amendment shall include a
description of the change, the emissions resulting from the change, and
any new applicable regulatory requirements that will apply if the change
occurs. The applicant may, at his discretion, include a suggested draft
permit amendment.

C. The provisions of 9 VAC 5‑80‑2070 shall apply to requests made under
this section.

D. The board will normally take final action on significant permit
amendments within 90 days after receipt of a complete request. If a
public comment period is required, processing time for a permit is
normally 180 days following receipt of a complete application. The board
may extend this time period if additional information is required or if
a public hearing is conducted under 9 VAC 5-80-2070.

E. The owner shall not make the change applied for in the significant
amendment request until the amendment is approved by the board under
subsection D of this section.

9 VAC 5‑80-2240. Reopening for cause.

A. A permit may be reopened and amended under any of the following
situations:

1\. Additional regulatory requirements become applicable to the
emissions units covered by the permit after a permit is issued but prior
to commencement of construction.

2\. The board determines that the permit contains a material mistake or
that inaccurate statements were made in establishing the emissions
standards or other terms or conditions of the permit.

3\. The board determines that the permit ~~must~~
~~[shall]{.underline}~~ [must]{.underline} be amended to assure
compliance with the applicable regulatory requirements or that the
conditions of the permit are not sufficient to meet all of the standards
and requirements contained in this article.

~~4. A new emission standard prescribed under 40 CFR Part 60, 61 or 63
becomes applicable after a permit is issued but prior to initial
startup.~~

B. Proceedings to reopen and reissue a permit shall follow the same
procedures as apply to initial permit issuance and shall affect only
those parts of the permit for which cause to reopen exists. Such
reopening shall be made as expeditiously as practicable.

C. Reopenings shall not be initiated before a notice of such intent is
provided to the source by the board at least 30 days in advance of the
date that the permit is to be reopened, except that the board may
provide a shorter time period in the case of an emergency.

REG\\DEV\\E03-REG-ALL-FIN.DOC

# CERTIFICATION

## REGULATION 9 VAC 5 CHAPTERS 50 AND 80, REVISION E03

## CONCERNING

## MAJOR NEW SOURCE REVIEW REFORM

I certify that this regulation is full, true, and correctly dated.

Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Certifying Official: David K. Paylor

Title: Director

Agency: Department of Environmental Quality

Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[^1]: No de minimis air quality level is provided for ozone. However,
    any net increase of 100 tons per year or more of volatile organic
    compounds subject to this article would be required to perform an
    ambient impact analysis including the gathering of ambient air
    quality data.