Regulations

Titles of Regulations; 9VAC5-40. Existing Stationary

Sources (amending 9VAC5-40-20)

9VACS-5O, New and Modified Stationary Sources

(amending 9VAC5-50-20).

Statutory Authority; §10.1-1308 of the Code of Virginia;

§110, 111, 123, 129, 171, 172 and 182 ofthe Clean Air Act;

40 CFR Parts 51 and 60.

Effective Date; December 12, 2007.

Agency Contact: Mary E. Major, Department of

Environmental Quality, 629 East Main Street, P.O. Box 1105,

Richmond, VA 23218, telephone (804) 698-4423, FAX (804)

698-4510, or email memajordeq.virginia.gov.

Summax-yj

The special provisions of the regulations concerning

existing/new and mod/ied staIionay sources are amended

to incorporate the requirements ofChapter 148 ofthe 2007

Acts of Assemby. Specflcally. 9VAC5-40-20 A 3 and

9VAC5$0-20A 3 are amended to indicate thatcompliance

with opacity znay be determined in one of the following

ways: (i) compliance with Reference Method 9 or any

alternative method approved by EPA, () evaluation of

data resultingfrom use ofcntinuous monitoring providing

that certain criteria are met, or (iii) use of any other

method approved by EPA.

9VAC5-40-20. Compliance.

A. Ninety days alter 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 detennined by emission tests

established by 9VAC5-40-30, 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 ofthe following;

a. New source performance standards established

pursuant to § 111 ofthe federal Clean Air Act.

b. All temis 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 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 CER 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

in be determined by conducting 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

Volume 24, Issue 5 Virginia Register ofRegulations November 12, 2007

Final Regulation

REGISTRAR’S NOTICE; The State Air Pollution Control

Board has claimed an exemption from the Administrative

Process Act in accordance with §2.2-4006 A 4 a of the Code

of Virginia, which excludes regulations that are necessary to

conform to changes in Virginia statutory law or the

appropriation act where no agency discretion is involved.

The State Air Pollution Control Board will receive, consider

and respond to petitions by any interested person at any time

with respect to reconsideration or revision.

566
Regulations

used meets Performance Specification I in Appendix B

of 40 CFR Part 60 and has been properly maintained and

that the resl]ltina datahave 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 adequ ate

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 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 ofthe 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 evoration

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 d’s thereafter, and

shall advise the board of the rescheduled date. In these

cases, the 30-day prior notification to the board required

by 9VAC5-40-50 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 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

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567
Regulations

standard in this chapter applies shall conduct opacity

observations in accordance with subdivision 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 detennine and to record the opacity of emissions

from an affected facility shall be included in the

notification required in 9VACS-40-50 A 3. i1 for some

reason, the board cannot detennine and record the opacity

of emissions from the affected facility during the emission

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 emission test

and shall furnish the board a iitten 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 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 ofthe 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

forthe 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 1 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 aofthis subsection shall not extend beyond

the date by which compliance is to be achieved.

e. Nothing in subdivision 1 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 nonavailabiity of necessary equipment or

materials or other circumstances beyond the owner’s

control for the source to achieve compliance within one

year ofthe 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 date for final compliance,

and the failure to meet the increment is due to causes

within the owners 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 9VAC5-40-21; or,

where no applicable compliance schedule is prescribed

under 9VAC5-40-21, how compliance shall be achieved

as expeditiously as possible; but in no case later than

Volume 24, issue 5 Virginia Register ofRegulations November 12, 2007

568
Regulations

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

VirginiaAir Pollution Control Law.

d. Any reprieve from the sanctions of any provision of

the Virginia Air Pollution Control Law pursuant to

subdivision 2 a ofthis 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 2 a of this subsection shall be processed in

accordance with the provisions of 9VAC5-20-170.

However, if the control program contains a compliance

schedule which conforms to the applicable schedule

prescribed in 9VAC5-40-21, the public hearing provision

of9VACS-20-170 shall not apply.

£ 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 9VACS-40-21 is technologically

infeasible, or if the board finds that the application of a

compliance schedule in 9VAC5-40-21 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 9VAC5-40-21

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 tojustifi the alternative dates proposed for

the increments of progresa

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 9VAC5-40-21 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 ofthe applicable emission standard.

I. 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 defmed

in §111(aX3) of the federal Clean Air Act, which were

constructed, or reconstructed, or for which major

modifications, as defined in Article 8 (9VAC5-80-1700

et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II

of 9VAC5 Chapter 80, were caaried 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

Volume 24 Issue 5 Virginia Register ofRegulations November 12, 2007

569
Regulations

whose stacks were constructed under a construction

contract awarded before Februaxy 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 the opportunity forpublic 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

necessaly 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 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 infonnation, 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.

9VACS-50-20. Compliance.

A. Sixty days after achieving the maximum production rate,

but not later than 180 days after initial startup, no owner or

other person shall operate any new or modified source in

violation of any standard of performance prescribed under

this chapter.

1. Compliance with standards in this chapter, other than

opacity standards, shall be determined by performance

tests established by 9VAC5-50-30, 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 ofthe 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 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

gg be determined by conducting 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 9VAC5

Chapter 80 (9VACS-80). 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.

Volume 24, Issue 5 Virginia Register ofRegulations November 12. 2007

570
Regulations

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

perfonnance 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 ofthe 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 9VAC5-50-50 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 perfonnance 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 necessaiy to determine the conditions under which the

visual observations were made and shall provide evidence

indicating proof of cun-ent 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 subdivision 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 9VAC5-50-50 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.

R The following provisions apply with respect to stack

heights.

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571
Regu!ations

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 §111(a)(3) of the federal Clean Air Act, which were

constructed, or reconstructed, or for which major

modifications, as defined in Article 8 (9VAC5-80-1700

et seq.) aid Article 9 (9VAC5-80-2000 et seq.) of Part II

of 9VAC5 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

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 ofthe 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 perfonnance in this

chapter shaH not be affected in any manner by the stack

height of any source or any other dispersion technique.

I. For the purpose ofsubmitting 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.

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VA.R Dcc. No RO8-599: Filed October 23. 2007, 123Sp.m.