ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION F07

CONCERNING

OPACITY SOURCE SURVEILLANCE METHODS

(9 VAC 5 CHAPTERS 40 AND 50)

Adoption Date: October 10, 2007

Effective Date: December 12, 2007

The following table lists the specific provisions of the attached regulations that will be

used to implement the State Implementation Plan (SIP). A copy of the actual regulation

submitted for approval and incorporation by reference into the Virginia SIP is included

in Enclosure 2.

CHAPTER 40 EXISTING STATIONARY SOURCES

PART I Special Provisions

9 VAC 5-40-20 Compliance (modified)

CHAPTER 50 NEW AND MODIFIED STATIONARY SOURCES

PART I Special Provisions

9 VAC 5-50-20 Compliance (modified)

TEMPLATES\SIP-REG\REGO1

SIP\MISC\F07-SIP-1 .DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

9 VAC 5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART I.

Special Provisions.

9 VAC 5-40-20. Compliance.

A. Ninety days after the effective date of any emission standard prescribed under

this chapter, no owner or other person shall operate any existing source in violation of

such standard.

1. Compliance with standards in this chapter, other than opacity

standards, shall be determined by emission tests established by 9 VAC 5-40-30, unless

specified otherwise in the applicable standard.

2. Compliance with federal requirements in this chapter may be

determined by alternative or equivalent methods only if approved by the administrator.

For purposes of this subsection, federal requirements consist of the following:

a. New source performance standards established pursuant to

§ 111 of the federal Clean Air Act.

b. 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.

c. Limitations and conditions that are part of an implementation

plan.

d. Limitations and conditions that are part of a § 111(d) or §

111(d)1129 plan.

e. 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.

f. 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.

3. Compliance with opacity standards in this chapter shall rny be
COMMONWEALTH OF VIRGINIA PAGE 2 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

determined by one or more of the following means:

a. Conducting observations in accordance with Reference Method

9 or any alternative method approved by EPA. For purposes of determining initial

compliance, the minimum total time of observations shall be three hours (30 six-minute

averages) for the emission test or other set of observations (meaning those

fugitive-type emission sources subject only to an opacity standard). Opacity readings of

portions of plumes which contain condensed, uncombined water vapor shall not be

used for purposes of determining compliance with opacity standards.

b. Evaluation of data resulting from use of continuous monitoring by

transmissometer, provided the instrument used meets Performance Specification 1 in

Appendix B of 40 CFR Part 60 and has been properly maintained and that the resulting

data have not been altered in any way.

c. Use of any other method approved by EPA.

4. The opacity standards prescribed under this chapter shall apply at all

times except during periods of startup, shutdown, malfunction, and as otherwise

provided in the applicable standard. This exception shall not apply to the following

federal requirements:

a. Limitations and conditions that are part of an implementation

plan.

b. 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.

c. 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.

B. No owner of an existing source subject to the provisions of this chapter shall

fail to conduct emission tests as required under this chapter.

C. No owner of an existing source subject to the provisions of this chapter shall

fail to install, calibrate, maintain and operate equipment for continuously monitoring and

recording emissions or process parameters or both as required under this chapter.

D. No owner of an existing source subject to, the provisions of this chapter shall

fail to provide notifications and reports, revise reports, maintain records or report
COMMONWEALTH OF VIRGINIA PAGE 3 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

emission test or monitoring results as required under this chapter.

E. At all times, including periods of startup, shutdown, soot blowing and

malfunction, owners shall, to the extent practicable, maintain and operate any affected

facility including associated air pollution control equipment in a manner consistent with

air pollution control practices for minimizing emissions. Determination of whether

acceptable operating and maintenance procedures are being used will be based on

information available to the board, which may include, but is not limited to, monitoring

results, opacity observations, review of operating and maintenance procedures, and

inspection of the source.

F. At all times the disposal of volatile organic compounds shall be accomplished

by taking measures, to the extent practicable, consistent with air pollution control

practices for minimizing emissions. Volatile organic compounds shall not be

intentionally spilled, discarded in sewers which are not connected to a treatment plant,

or stored in open containers or handled in any other manner that would result in

evaporation beyond that consistent with air pollution control practices for minimizing

emissions.

G. The following provisions apply with respect to demonstrating compliance with

opacity standards.

1. For the purpose of demonstrating initial compliance, opacity

observations shall be conducted concurrently with the initial emission test unless one of

the following conditions apply.

a. If no emission test is required, then opacity observations shall be

conducted within 60 days after achieving the maximum production rate at which the

affected facility will be operated but no later than 180 days after the compliance date.

b. If visibility or other conditions prevent the opacity observations

from being conducted concurrently with the initial emission test, the owner shall

reschedule the opacity observations as soon after the initial emission test as possible,

but not later than 30 days thereafter, and shall advise the board of the rescheduled

date. In these cases, the 30-day prior notification to the board required by 9 VAC 5-40-

50 A 3 shall be waived. The rescheduled opacity observations shall be conducted (to

the extent possible) under the same operating conditions that existed during the initial

emission test. The visible emissions observer shall determine whether visibility or other

conditions prevent the opacity observations from being made concurrently with the

initial emission test in accordance with procedures contained in Reference Method 9.

Opacity readings of portions of plumes which contain condensed, uncombined

water vapor shall not be used for purposes of determining compliance with opacity

standards. The owner of an affected facility shall make available, upon request by the
COMMONWEALTH OF VIRGINIA PAGE40f 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

board, such records as may be necessary to determine the conditions under which the

visual observations were made and shall provide evidence indicating proof of current

visible observer emission certification. The results of continuous monitoring by

transmissometer which indicate that the opacity at the time visual observations were

made was not in excess of the standard are probative but not conclusive evidence of

the actual opacity of an emission, provided the source meets the burden of proving that

the instrument used meets (at the time of the alleged violation) Performance

Specification 1 in Appendix B of 40 CFR Part 60 and has been properly maintained and

(at the time of the alleged violation) that the resulting data have not been altered in any

way.

2. Except as provided in subdivision 3 of this subsection, the owner of an

affected facility to which an opacity standard in this chapter applies shall conduct

opacity observations in accordance with subsection A 3 of this section, shall record the

opacity of emissions, and shall report to the board the opacity results along with the

results of the initial emission test. The inability of an owner to secure a visible

emissions observer shall not be considered a reason for not conducting the opacity

observations concurrent with the initial emission test.

3. The owner of an affected facility to which an opacity standard in this

chapter applies may request the board to determine and to record the opacity of

emissions from the affected facility during the initial emission test and at such times as

may be required. The owner of the affected facility shall report the opacity results. Any

request to the board to determine and to record the opacity of emissions from an

affected facility shall be included in the notification required in 9 VAC 5-40-50 A 3. If,

for some reason, the board cannot determine and record the opacity of emissions from

the affected facility during the emission test, then the provisions of subdivision I of this

subsection shall apply.

4. An owner of an affected facility using a continuous opacity monitor

(transmissometer) shall record the monitoring data produced during the initial emission

test and shall furnish the board a written report of the monitoring results along with the

Reference Method 9 and initial emission test results.

H. The following provisions apply with respect to new or more stringent emission

standards.

1. The following provisions apply with respect to emission standards for

volatile organic compounds.

a. In the case of any emission standard for volatile organic

compounds adopted by the board which is more stringent than the emission standard

for the source in effect prior to such adoption, if any, or where there was no emission

standard, the source shall not be considered in violation of the newly adopted emission
COMMONWEALTH OF VIRGINIA PAGE 5 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

standard provided that the owner accomplishes the following:

(1) Complies with the emission standard as expeditiously as

possible but in no case later than one year after the effective date of the emission

standard.

(2) Within one month of achieving compliance, notifies the

board of same.

(3) Within six months of achieving compliance,

demonstrates to the satisfaction of the board compliance with the emission standard.

b. The reprieve provided by subdivision 1 a of this subsection shall

only apply in cases where it is necessary for the owner to:

(1) Install emission control equipment or other equipment

that alters the facility in order to comply with the emission standard; or

(2) Switch fuel or raw materials or both in order to comply

with the emission standard.

c. Owners of sources not in compliance with the newly adopted

emission standard, but in compliance with the provisions of subdivision I a of this

subsection shall not be subject to any penalties for violation of the newly adopted

emission standard that may be required by the Virginia Air Pollution Control Law.

d. Any reprieve from the sanctions of any provision of the Virginia

Air Pollution Control Law pursuant to subdivision 1 a of this subsection shall not extend

beyond the date by which compliance is to be achieved.

- e. Nothing in subdivision I a of this subsection shall prevent the

board from promulgating a separate compliance schedule for any source if the board

finds that it is technologically infeasible or it is infeasible due to the nonavailability of

necessary equipment or materials or other circumstances beyond the owner’s control

for the source to achieve compliance within one year of the effective date of an

emission standard.

f. All compliance schedules proposed or prescribed under this

section shall provide for compliance with the applicable emission standards as

expeditiously as practicable.

g. Any compliance schedule approved under this subsection may

be revoked at any time if the source owner does not meet the stipulated increments of

progress, and if the failure to meet an increment is likely to result in failure to meet the
COMMONWEALTH OF VIRGINIA PAGE 6 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

date for final compliance, and the failure to meet the increment is due to causes within

the owner’s control.

2. The following provisions apply with respect to emission standards for

pollutants other than volatile organic compounds.

a. In the case of any emission standard adopted by the board

which is more stringent than the emission standard for the source in effect prior to such

adoption, if any, or where there was no emission standard, the source shall not be

considered in violation of the newly adopted emission standard provided that the owner

accomplishes the following:

(1) Submits in a form and manner satisfactory to the board,

a control program showing how compliance shall be achieved within the time frame in

the applicable compliance schedule prescribed under 9 VAC 5-40-21; or, where no

applicable compliance schedule is prescribed under 9 VAC 5-40-21, how compliance

shall be achieved as expeditiously as possible; but in no case later than three years

after the effective date of such emission standard.

(2) Receives approval of the board of such control program.

(3) Complies with all provisions, terms and conditions of the

control program including the increments of progress.

b. The reprieve provided by subdivision 2 a of this subsection shall

only apply in cases where it is necessary for the owner to:

(1) Install emission control equipment or other equipment

that alters the facility in order to comply with the emission standard; or

(2) Switch fuel or raw materials or both in order to comply

with the emission standard.

c. Owners of sources not in compliance with the newly adopted

emission standard, but in compliance with the provisions of subdivision 2 a of this

subsection shall not be subject to any penalties for violation of the newly adapted

emission standard that may be required by the Virginia Air Pollution Control Law.

d. Any reprieve from the sanctions of any provision of the Virginia

Air Pollution Control Law pursuant to subdivision 2 a of this subsection shall not extend

beyond the date, specified in the emission standard or approved control program, by

which compliance is to be achieved.

e. Control programs submitted under the provisions of subdivision
COMMONWEALTH OF VIRGINIA PAGE 7 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

2 a of this subsection shall be processed in accordance with the provisions of 9 VAC

5-20-170. However, if the control program contains a compliance schedule which

conforms to the applicable schedule prescribed in 9 VAC 5-40-21, the public hearing

provision of 9 VAC 5-20-170 shall not apply.

f. Nothing in this section shall prevent the board from promulgating

a separate compliance schedule for any source if the board finds that the application of

a compliance schedule in 9 VAC 5-40-21 is technologically infeasible, or if the board

finds that the application of a compliance schedule in 9 VAC 5-40-21 is infeasible due

to the nonavailability of necessary equipment or materials or other circumstances

beyond the owner’s control.

g. Nothing in this section shall prevent the owner of a source

subject to a compliance schedule in 9 VAC 5-40-21 from submitting to the board a

proposed alternative compliance schedule provided the following conditions are met:

(1) The proposed alternative compliance schedule is

submitted within six months of the effective date of the emission standard;

(2) The final control plans for achieving compliance with the

applicable emission standard are submitted simultaneously;

(3) The alternative compliance schedule contains the same

increments of progress as the schedule for which it is proposed as an alternative; and

(4) Sufficient documentation is submitted by the owner of the

source to justify the alternative dates proposed for the increments of progress.

h. All compliance schedules proposed or prescribed under this

section shall provide for compliance with the applicable emission standards as

expeditiously as practicable.

i. Any compliance schedule approved under this subsection may be

revoked at any time if the source owner does not meet the stipulated increments of

progress, and if the failure to meet an increment is likely to result in failure to meet the

date for final compliance, and the failure to meet the increment is due to causes within

the owner’s control.

j. The provisions of 9 VAC 5-40-21 shall not apply to owners of

sources which are in compliance with the applicable emission standard and for which

the owners have determined and certified compliance to the satisfaction of the board

within 12 months of the effective date of the applicable emission standard.

I. The following provisions apply with respect to stack heights.
COMMONWEALTH OF VIRGINIA PAGE 8 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

1. The degree of emission limitation required of any source owner for

control of any air pollutant shall not be affected in any manner by:

a. So much of the stack height of any source as exceeds good

engineering practice, or

b. Any other dispersion technique.

2. The provisions of subdivision I of this subsection shall not apply to:

a. Stack heights in existence, or dispersion techniques

implemented on or before December 31, 1970, except where pollutants are being

emitted from such stacks or using such dispersion techniques by sources, as defined in

§ 11 1(a)(3) of the federal Clean Air Act, which were constructed, or reconstructed, or for

which major modifications, as defined in Article 8 (9 VAC 5-80-1700 et seq.) and Article

9 (9 VAC 5-80-2000 et seq.) of Part II of 9 VAC 5 Chapter 80, were carried out after

December 31, 1970; or

b. Coal-fired steam electric generating units subject to the

provisions of § 118 of the federal Clean Air Act, which commenced operation before

July 1, 1957, and whose stacks were constructed under a construction contract

awarded before February 8, 1974.

3. Prior to the adoption of a new or revised emission limitation that is

based on a good engineering practice stack height that exceeds the height allowed by

subdivision I or 2 of the GEP definition, the board shall notify the public of the

availability of the demonstration study and shall provide the opportunity for public

hearing on it.

4. For purposes of this subsection, such height shall not exceed the height

allowed by subdivision 1 or 2 of the GEP definition unless the owner demonstrates to

the satisfaction of the board, after 30 days notice to the public and opportunity for public

hearing, that a greater height is necessary as provided under subdivision 3 of the GEP

definition.

5. In no event may the board prohibit any increase in any stack height or

restrict in any manner the maximum stack height of any source.

6. Compliance with emission standards in this chapter shall not be

affected in any manner by the stack height of any source or any other dispersion

technique.

J. For the purpose of submitting compliance certifications or establishing whether
COMMONWEALTH OF VIRGINIA PAGE 9 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

or not a person has violated or is in violation of any standard in this chapter, nothing in

this chapter shall preclude the use, including the exclusive use, of any credible

evidence or information, relevant to whether a source would have been in compliance

with applicable requirements if the appropriate emission or compliance test or

procedure had been performed.
COMMONWEALTH OF VIRGINIA PAGE 10 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

9VAC5CHAPTER5O.

NEW AND MODIFIED STATIONARY SOURCES.

PART I.

Special Provisions.

9 VAC 5-50-20. Compliance.

A. Sixty days after achieving the maximum production rate, but not later than 180

days after initial start-up, no owner or other person shall operate any new or modified

source in violation of any standard of performance prescribed under this chapter.

I . Compliance with standards in this chapter, other than opacity

standards, shall be determined by performance tests established by 9 VAC 5-50-30,

unless specified otherwise in the applicable standard.

2. Compliance with federal requirements in this chapter may be

determined by alternative or equivalent methods only if approved by the administrator.

For purposes of this subsection, federal requirements consist of the following:

a. New source performance standards established pursuant to

§ 111 of the federal Clean Air Act.

b. All terms and conditions in a federal operating permit, including

any provisions that limit a sourc&s potential to emit, unless expressly designated as not

federally enforceable.

c. Limitations and conditions that are part of an implementation

plan.

d. Limitations and conditions that are part of a section 111(d) or

section 111(d)/129 plan.

e. 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.

f. 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.

3. Compliance with opacity standards in this chapter shall ny be
COMMONWEALTH OF VIRGINIA PAGE 11 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

determined by one or more of the following means:

a. Conducting observations in accordance with Reference Method

9 or any alternative method approved by EPA, if specified in the permit granted

pursuant to 9 VAC 5 Chapter 80 (9 VAC 5-80-10 et seq.). For purposes of determining

initial compliance, the minimum total time of observations shall be three hours (30

six-minute averages) for the performance test or other set of observations (meaning

those fugitive-type emission sources subject only to an opacity standard). Opacity

readings of portions of plumes which contain condensed, uncombined water vapor shall

not be used for purposes of determining compliance with opacity standards.

b. Evaluation of data resulting from use of continuous monitoring by

transmissometer, provided the instrument used meets Performance Specification 1 in

Appendix B of 40 CFR Part 60 and has been properly maintained and that the resulting

data have not been altered in any way.

c. Use of any other method approved by EPA.

4. The opacity standards prescribed under this chapter shall apply at all

times except during periods of startup, shutdown, malfunction and as otherwise

provided in the applicable standard.

5. Variation from a specified standard may be granted by the board for a

definite period for testing and adjustment.

B. No owner of a new or modified source subject to the provisions of this chapter

shall fail to conduct performance tests as required under this chapter.

C. No owner of a new or modified source subject to the provisions of this chapter

shall fail to install, calibrate, maintain and operate equipment for continuously

monitoring and recording emissions or process parameters or both as required under

this chapter.

D. No owner of a new or modified source subject to the provisions of this chapter

shall fail to provide notifications and reports, revise reports, maintain records or report

performance test or monitoring results as required under this chapter.

E. At all times, including periods of startup, shutdown, soot blowing and

malfunction, owners shall, to the extent practicable, maintain and operate any affected

facility including associated air pollution control equipment in a manner consistent with

air pollution control practices for minimizing emissions. Determination of whether

acceptable operating and maintenance procedures are being used will be based on

information available to the board, which may include, but is not limited to, monitoring

results, opacity observations, review of operating and maintenance procedures, and
COMMONWEALTH OF VIRGINIA PAGE 12 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

inspection of the source.

F. At all times the disposal of volatile organic compounds shall be accomplished

by taking measures, to the extent practicable, consistent with air pollution control

practices for minimizing emissions. Volatile organic compounds shall not be

intentionally spilled, discarded in sewers which are not connected to a treatment plant,

or stored in open containers or handled in any other manner that would result in

evaporation beyond that consistent with air pollution control practices for minimizing

emissions.

G. The following provisions apply with respect to compliance with opacity

standards.

1. For the purpose of demonstrating initial compliance, opacity

observations shall be conducted concurrently with the initial performance test unless

one of the following conditions apply.

a. If no performance test is required, then opacity observations

shall be conducted within 60 days after achieving the maximum production rate at

which the affected facility will be operated but no later than 180 days after initial startup

of the facility.

b. If visibility or other conditions prevent the opacity observations

from being conducted concurrently with the initial performance test, the owner shall

reschedule the opacity observations as soon after the initial performance test as

possible, but not later than 30 days thereafter, and shall advise the board of the

rescheduled date. In these cases, the 30-day prior notification to the board required by

9 VAC 5-50-50 A 6 shall be waived. The rescheduled opacity observations shall be

conducted (to the extent possible) under the same operating conditions that existed

during the initial performance test. The visible emissions observer shall determine

whether visibility or other conditions prevent the opacity observations from being made

concurrently with the initial performance test in accordance with procedures contained

in Reference Method 9.

Opacity readings of portions of plumes which contain condensed, uncombined

water vapor shall not be used for purposes of determining compliance with opacity

standards. The owner of an affected facility shall make available, upon request by the

board, such records as may be necessary to determine the conditions under which the

visual observations were made and shall provide evidence indicating proof of current

visible observer emission certification. The results of continuous monitoring by

transmissometer which indicate that the opacity at the time visual observations were

made was not in excess of the standard are probative but not conclusive evidence of

the actual opacity of an emission, provided the source meets the burden of proving that

the instrument used meets (at the time of the alleged violation) Performance
COMMONWEALTH OF VIRGINIA PAGE 13 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

Specification 1 in Appendix B of 40 CFR Part 60 and has been properly maintained and

(at the time of the alleged violation) that the resulting data have not been altered in any

way.

2. Except as provided in subdivision 3 of this subsection, the owner of an

affected facility to which an opacity standard in this chapter applies shall conduct

opacity observations in accordance with subsection A 3 of this section, shall record the

opacity of emissions, and shall report to the board the opacity results along with the

results of the initial performance test The inability of an owner to secure a visible

emissions observer shall not be considered a reason for not conducting the opacity

observations concurrent with the initial performance test.

3. The owner of an affected facility to which an opacity standard in this

chapter applies may request the board to determine and to record the opacity of

emissions from the affected facility during the initial performance test and at such times

as may be required. The owner of the affected facility shall report the opacity results.

Any request to the board to determine and to record the opacity of emissions from an

affected facility shall be included in the notification required in 9 VAC 5-50-50 A 6. If,

for some reason, the board cannot determine and record the opacity of emissions from

the affected facility during the performance test, then the provisions of subdivision 1 of

this subsection shall apply.

4. An owner of an affected facility using a continuous opacity monitor

(transmissometer) shall record the monitoring data produced during the initial

performance test and shall furnish the board a written report of the monitoring results

along with the Reference Method 9 and initial performance test results.

H.The following provisions apply with respect to stack heights.

1. The degree of emission limitation required of any source owner for

control of any air pollutant shall not be affected in any manner by:

a. So much of the stack height of any source as exceeds good

engineering practice, or

b. Any other dispersion technique.

2. The provisions of subdivision 1 of this subsection shall not apply to:

a. Stack heights in existence, or dispersion techniques

implemented on or before December 31, 1970, except where pollutants are being

emitted from such stacks or using such dispersion techniques by sources, as defined in

3 111 (a)(3) of the federal Clean Air Act, which were constructed, or reconstructed, or for

which major modifications, as defined in Article 8 (9 VAC 5-80-1 700 et seq.) and Article
COMMONWEALTH OF VIRGINIA PAGE 14 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

9 (9 VAC 5-80-2000 et seq.) of Part II of 9 VAC 5 Chapter 80, were carried out after

December31, 1970; or

b. Coal-fired steam electric generating units subject to the

provisions of 3 118 of the federal Clean Air Act, which commenced operation before

July 1, 1957, and whose stacks were constructed under a construction contract

awarded before February 8, 1974.

3. Prior to the adoption of 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, the board shall notify the public of the

availability of the demonstration study and shall provide opportunity for public hearing

on it.

4. For purposes of this subsection, such height shall not exceed the height

allowed by subdivision 1 or 2 of the GEP definition unless the owner demonstrates to

the satisfaction of the board, after 30 days notice to the public and opportunity for public

hearing, that a greater height is necessary as provided under subdivision 3 of the GEP

definition.

5. In no event may the board prohibit any increase in any stack height or

restrict in any manner the maximum stack height of any source.

6. Compliance with standards of performance in this chapter shall not be

affected in any manner by the stack height of any source or any other dispersion

technique.

I. For the purpose of submitting compliance certifications or establishing whether

or not a person has violated or is in violation of any standard in this chapter, nothing in

this chapter shall preclude the use, including the exclusive use, of any credible

evidence or information, relevant to whether a source would have been in compliance

with applicable requirements if the appropriate performance or compliance test or

procedure had been performed.

TEMPLATES\NOI RA\REG-PRO

REG\DEV\F07-REG-FIN. DOC
COMMONWEALTH OF VIRGINIA PAGE 15 of 15

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40

and 50)

CERTIFICATION

9 VAC 5 CHAPTERS 40 AND 50, REVISION F07

CONCERNING

OPACITY COMPLIANCE DETERMINATION

I certify that this regulation is full, true, and correctly dated.

(Signature)

David K. Paylor, Director

Department of Environmental Quality

Date: