## Virginia Administrative Code Database updated through January 6, 2011
Part II Emission Standards Article 1 Visible Emissions and Fugitive Dust/Emissions (Rule 4
- 1) 9VAC5 - 40 - 60. Applicability and designation of affected facility. A. The affected facilities to which the provisions of this article apply are the following: 1. Each source of visible emissions; and 2. Each source of fugitive dust/emissions. B. The provisions of this article apply throughout the Commonwealth of Virgin ia. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 04
- 0101, eff. January 1, 1985. 9VAC5 - 40 - 70. Definitions. A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words and 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 meanings given them in 9VAC5 Chapter 10 (9VAC5
- 10
- 1 0 et seq.), unless otherwise required by context. C. Terms defined. "Fugitive dust" means particulate matter composed of soil or other materials, or both, of natural origin. Fugitive dust may include emissions from haul roads, wind erosion of exposed sur faces and storage piles and other activities in which the material is either removed, stored, transported or redistributed."Fugitive emissions" means emissions which are generated by industrial or other activities and which do not pass through a stack, c himney, vent or other functionally equivalent opening, but which may escape from openings (such as windows, doors, ill
- fitting closures or poorly maintained equipment) or material handling equipment. "Opacity" means the degree to which emissions reduce th e transmission of light and obscure the view of an object in the background, expressed as a percentage. "Six
- minute period" means any one of the 10 equal parts of one hour or a one
- hour period, as may be applicable. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 04
- 0102, eff. January 1, 1985. 9VAC5 - 40 - 80. Standard for visible emissions. Unless specified otherwise in this part, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any visible emissions which exhibit greater than 20% opacity, except for one six
- minute period in any one hour of not more than 60% opacity. Failure to meet the requirements of this section because of the pres ence of water vapor shall not be a violation of this section. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 04
- 0103, eff. January 1, 1985. 9VAC5 - 40 - 90. Standard for fugitive dust/emissions. No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired or demolished without taking reasonable precautions toprevent particulate matter from becoming airborne. Su ch reasonable precautions may include, but are not limited to, the following: 1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the cle aring of land. 2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and maintaining them in a clean condition. 3. Installation and use of hoo ds, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations. 4. Open equipment for conveying or transporting materials likely to create obj ectionable air pollution when airborne shall be covered or treated in an equally effective manner at all times when in motion. 5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soi l erosion. Statutory Authority § 10.1
- 1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 CFR Parts 51 and 60). Historical Notes Derived from VR120
- 04
- 0104, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003. 9VAC5 - 40 - 100. Monitoring. A. Unless otherwise approved by the board, all continuous monitoring systems required by this article shall be installed, calibrated, maintained and operated in accordance with applicable requirements in 9VAC5
- 40
- 40 and 9VAC5
- 40
- 41.B. Each owner required to install a continuous monitoring system shall provide notifications and reports and maintain records and monitoring results in accordance with the requirements of 9VAC5
- 40
- 5 0. C. In cases where the requirements of 9VAC5
- 40
- 40 and 9VAC5
- 40
- 41 are not appropriate for a particular source type, the owner shall comply with other procedures acceptable to the board. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Vi rginia. Historical Notes Derived from VR120
- 04
- 0105, eff. January 1, 1985. 9VAC5 - 40 - 110. Test methods and procedures. The provisions of 9VAC5
- 40
- 20 A 2 apply to determine compliance with the standard prescribed in 9VAC5
- 40
- 80. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 04
- 0106, eff. January 1, 1985. 9VAC5 - 40 - 120. Waivers. A. A waiver from the opacity emission limitation in 9VAC5
- 40
- 80 may be granted by the director, provided that a t echnical decision is reached that the plume opacity observations made in accordance with 9VAC5
- 40
- 20 and 9VAC5
- 40
- 110 are not representative of the pollutant loading of the plume. B. Upon granting the above waiver, the director shall require one or more a lternate source surveillance methods, which may include, but are not limited to, the following: 1. Requiring the owner to install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants in accor dance with 9VAC5
- 40
- 40 and9VAC5
- 40
- 100.

2. Requiring the owner to conduct, at specified intervals, emission tests for measuring emissions of specified pollutants in accordance with 9VAC5
- 40
- 30. 3. Establishing an opacity emission limitation for the faci lity based on a correlation between tests of visible and other specified pollutant emissions. C. The waiver may be granted for an indefinite period of time; however, approval may be withdrawn by the director: 1. For failure to adhere to any terms or cond itions of the waiver; 2. If the affected facility is found to be in violation of any applicable emission standard; or 3. For failure to conduct or adhere to any alternate source surveillance method required for waiver approval. Statutory Authority § 10.1
- 1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 CFR Parts 51 and 60). Historical Notes Derived from VR120
- 04
- 0107, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1 , 2003.