Douglas W. Domenech Secretary of Natural Resources 

# COMMONWEALTH a/VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Street address: 629 East Main Street, Richmond, Virginia 23219

Mailing address: P.O. Box 1105, Richmond, Virginia 23218

TDD (804) 698-4021 www.deq.virginia.gov



## AUG 2 5 

## 2 0 1 1

Ms. Diana Esher, Director

Air Protection Division (3APOO)

U.S. Environmental Protection Agency, Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029 David K. Paylor

Director

(804) 698-4000

1-800-592-5482



### Reference: Major Source Permits,

Revision All

Dear Ms. Esher:

Pursuant to the requirements of § 

### 110 of the Clean Air Act, we are officially requesting approval of a revision to the Commonwealth of Virginia State Implementation Plan approved

and submitted under the authority of § 

### 10.1-1185 of the Code of Virginia and in accordance with

the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans).

This revision consists of amendments to major new source review permitting regulations

for PSD and nonattainment areas (Articles 8 and 9 of 9VAC5 Chapter 80) as set out in 40 CFR

51.165 and 40 CFR 51

. 166. The amendments (i) establish the major source threshold, significant

emissions rate, and offset ratios for particulate matter less than 2

. 5 micrometers (PM 2 

### .s), interpollutant trading for offsets and applicability ofNSR to PM 2

. 

### 5 precursors as promulgated by

EPA on May 16,2008 (73 FR 28321); and (ii) 

### add maximum allowable increases in ambient pollutant concentrations (increments), significant impact levels, and a significant monitoring

concentration for PM2

. 5 as promulgated by EPA on October 20,2010 (75 FR 64864). Several

minor administrative revisions were made as well. The regulation amendments were adopted by

the State Air Pollution Control Board on June 10

, 2011 under the authority of § 

### 10.1-1308 of the

Code of Virginia.Enclosed are the following:

1. A true copy of the official regulation (Revision All) which was published in the Virginia Register on July 18, 2011 after being duly adopted by the State Air

Pollution Control Board on June 10, 2011, certified by the Office of the Attorney

General as within the board's statutory authority on June 16,2011 and thus fully

enforceable under Virginia law, and submitted to the Virginia Registrar on behalf

of the board by the Department of Environmental Quality as a true and accurate

. copy of the duly adopted regulation on June 28, 2011, providing the evidence

required by Section 2.1 (b) and ( e) of Appendix V of 40 CFR Part 51.

2. Certification of public participation activities and compliance with state

administrative procedures.

3. Public participation record.

4. An electronic copy of the complete submittal. This electronic copy is an exact duplicate of the hard copy.

If you have any questions or need additional information, please let us know.

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TEMPLATES\SIP·REG\REGOO SIP\MAJOR NSR\Al1·SIP.DOC

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# V~( avid K. PaylorENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION A11
CONCERNING

MAJOR SOURCE PERMITS (9VAC5 CHAPTER 80)

Adoption Date: June 10 , 201 1
Effecti ve Date: August 17

, 2011

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 int o the Virginia SIP is included

in Enclosure 2

.

CHAPTER 10 GENERAL DEFINITIONS

9VAC5

- 10

- 30 Abbreviations (modified)

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

PART II Permit Procedures

ARTICLE 8 PERMITS FOR MAJ OR STATIONARY SOURCES AND MAJOR

M ODIFIC ATIONS LOCATING IN PREVENTION OF SIGNIFICANT

DETERIORATION AREAS

9VAC5

- 80

- 1615 Definitions (modified) baseline area, baseline date, regulated NSR pollutant, significant
9VAC5

- 80

- 1635 Ambient air increments (modified)
9VAC5

- 80

- 1695 Exemptions (modified )
9VAC5

- 80

- 1715 S ource impact analysis (modified)
9VAC5

- 80

- 1765 Sources affecting federal class I areas

- additional requirements (modified)

ARTICLE 9 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR

MODIFICATIONS LOCATING IN NONATTAINMENT AREAS

9VAC5

- 80

- 2010 Definitions (modified)c ontinuous emissions monitoring system (CEMS) , c ontinuous parameter monitoring system (CPMS) , regulated NSR pollutant, significant
9VAC5

- 80

- 2120 Offsets (modified)

TEMPLATES \ SIP

- REG \ REG01

SIP \ MAJOR NSR 1 \ A11

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

9VAC5 CHAPTER 10.
GENERAL DEFINITIONS.

9VAC5

- 10

- 30. Abbreviations.

A

- ampere

act

- actual

AQCR

- Air Quality Control Region

AQMA

- Air Quality Maintenance Area

ASTM

- American Society for Testing and Materials

avg

- average

Be

- Beryllium

Btu

- British thermal unit

**°** C

- degree Celsius (centigrade)

cal

- calorie

cc

- cubic centimeter

CdS

- cadmium sulfide

cfm

- cubic feet per minute

CFR

- Code of Federal Regulations (40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means Section 35.20 in Part 35 of Title 40 of the Code of Federal Regulations)

CO

- carbon monoxide

CO 2 - carbon dioxide

COH

- Coeffi cient of Haze (unit of measure for the soiling index)

cu ft

- cubic feet

d

- dayCOMMONWEALTH OF VIRGINIA PAGE 2 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

dcf

- dry cubic feet

dcm

- dry cubic meter

dscf

- dry cubic feet at standard conditions

dscm

- dry cubic meter at standard conditions

EPA

- U.S. Environmental Protectio n Agency

eq

- equivalents

**°** F

- degree Fahrenheit

FR

- Federal Register (36 FR 1492, May 3, 1971 means page 1492, dated May 3, 1971, of Volume 36 of the Federal Register

- the page indicated is the first page of the referenced material)

ft

- feet

ft 2

- square feet

ft 3

- cubic feet

g

- gram

gal

- gallon

GEP

- good engineering practice

g

- eq

- gram equivalents

gr

- grain

HCl

- hydrochloric acid or hydrogen chloride

Hg

- mercury

hp

- horse power

hr

- hour

H 2 0

- water

H 2 S

- hydrogen sulfideCOMMONWEALTH OF VIRGINIA PAGE 3 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

H 2 SO 4 - sulfuric acid

Hz

- hertz

I.D.

- inside diameter

in

- inch

inHg

- inches of mercury

inH 2 0

- inches of water

J

- joule

**°** K

- degree Kelvin

k

- 1,000

kg

- kilogram = 10 3 gram

l

- liter

lb

- pound

lpm

- liter per minute

M

- molar

m

- meter

m 3

- cubic meter

meq

- milliequivalent

Mg

- megagram = 10 6 gram

mg

- milligram = 10 - 3 gram

min

- minute

ml

- milliliter = 10 - 3 liter

mm

- millimeter = 10 - 3 meterCOMMONWEALTH OF VIRGINIA PAGE 4 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

mol

- mole

mol.wt.

- molecular weight

MSA

- Metropolitan Statistical Area

mV

- millivolt = 10 - 3 volt

N

- normal

n

- newton

N 2 - nitrogen

ng

- nanogram = 10 - 9 gram

nm

- nanometer = 10 - 9 meter

NO

- nitric oxide

NO 2 - nitrogen dioxide

NO
x - nitrogen oxides

O 2 - oxygen

O.D.

- outside diameter

oz

- ounce

Pa

- pascal

ppb

- part s per billion

PM

- particulate matter; any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

PM 10 - particulate matter with an aerodynamic diameter less than or equal to a nominal

10 micrometers

PM 2.5 - particulate matter with an aerodynamic diameter less than or equal to a nominal

2.5 micrometers

ppm

- parts per millionCOMMONWEALTH OF VIRGINIA PAGE 5 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

psi

- pounds per square inch

psia

- pounds per square inch absolute

psig

- pounds per square inch gauge

**°** R

- degree Rankine

s

- second

scf

- cubic feet at standard conditions

scfh

- cubic feet per hour at standard conditions

scm

- cubic meter at standard conditions

sec

- second

SO 2 - sulfur dioxide

SO 3 - sulfur trioxide

SO
x - sulfur oxides

sq ft

- square feet

std

- at standard conditions or standard

μ g

- microgram = 10 - 6 gram

μ l

- microliter = 10 - 6 liter

USC

- United States Code

V

- volt

v/v

- volume per volume

VOC

- volatile organic compound

W

- watt

w.g.

- water gauge

yd 2

- square yardCOMMONWEALTH OF VIRGINIA PAGE 6 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

yr

- year

%

- percent

Ω

- ohm

§

- section

9VAC5 CHAPTER 8 0

. PERMITS FOR STATIONARY SOURCES.

Part II.

Permit Procedures.

ARTICLE 8. Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas.

(replaces Article 8 [9 VAC5

- 80

- 1700 et seq.] )

.

9VAC5

- 80

- 1615. Definitions.

A. As used in this article, all words or terms not defined herein shall have the meaning s given them i n 9VAC5

- 10 (General Definitions), unless otherwise required by

context.

B. For the pu rpose of this article, 9VAC5

- 80

- 280 and 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 meaning s given them in subsection C of this

section:

C. Ter ms defined.

"Actual emissions" means the actual rate of emissions of a regulated NSR 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
9VAC5

- 80

- 1865. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes.

a. In general, ac tual 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 consecutive 24

- month period that precedes the particular date and that is representative of normal source opera tion. The board will allow the use of a different time period upon a determination that it is more representative of normal sourceCOMMONWEALTH OF VIRGINIA PAGE 7 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of mater ials processed, stored, or combusted during the selected time period.

b. The board may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit that has not begun no rmal 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.

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

"Adverse impact on visibility" means visibility impairment that interfer es 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 rat e 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 follo wing:

a. The applicable standards as set forth in 40 CFR Parts 60, 61, and 63;

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

c. The emissions limit specified as a federally and stat e 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

emission s unit's potential to emit.

"Applicable federal requirement" means all of, but not limited to, theCOMMONWEALTH OF VIRGINIA PAGE 8 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

following as they apply to emissions units in a source subject to this article (including requirements that have been promulgated or approved by the admin istrator 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 ne w 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. A ny 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 p ollution 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.COMMONWEALTH OF VIRGINIA PAGE 9 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

l. With regard to temporary sources subject to 9VAC5

- 80

- 130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibil ity as provided in this article.

"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:

a. For any existing electric utility steam generating unit, bas eline 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

co nstruction 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.

(1) The average rate shall include fugitive emissions to the extent quantifiable, and em issions associated with startups, shutdowns, and

malfunctions.

(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 enforceabl e during the consecutive 24

- month period.

(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.

(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.

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 emit ted 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 t he 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 m ore representative of normal source operation.COMMONWEALTH OF VIRGINIA PAGE 10 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and

malfunctions.

(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.

(3) The average rate shall be adjusted downward to exclude any emissi ons 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 consis tent with the requirements of 9 VAC5

- 80

- 2120 K.

(4) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period shall be used to

determine t he 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 consecu tive 24

- month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.

(5) The average rate shall not be based on any consecutive

24

- month period for which there is inadequate information for determining ann ual emissions, in tons per year, and for adjusting this amount if required by subdivisions b (2) and (3) of this definition.

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.

d. For a PAL for a stationary source, the baseline actual emissions

shall be calculated for exi sting 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.

"Baseline area"COMMONWEALTH OF VIRGINIA PAGE 11 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

a. Means any intrastate area (and every part thereof) designated as

attainment or unclassifiable under § 107(d)(1)(C) § 107(d)(1)(A)(ii ) or (iii) 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 for the pollutant f or which the minor source

baseline date is established , as follows: (i) for SO 2 , NO 2 , or PM 10 , equal to or greater than 1 μg/m 3 (annual average); or (ii) for PM 2.5 , equal to or greater than 0.3 μg/m 3
(annual average)

.

b. Area redesignations under § 107(d)(3) § 107(d)(1)(A)(ii) or (iii) 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 t he 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 concent ration"

a. Means that ambient concentration level that 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

(2) The allowable emissions of major stationary sources that 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 allowa ble increase(s):

(1) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; andCOMMONWEALTH OF VIRGINIA PAGE 12 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

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

"Baseline date"

a. "Major source baseline date" means:

(1) In the case of particulate matter PM 10 and sulfur dioxide, January 6, 1975, and

(2) In the case of nitrogen dioxide, February 8, 1988 ; and

(3) In the case of P M 2.5 , October 20, 2010

.

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 PM 10 and sulfur dioxide, August 7, 1977, and

(2) In the case of nitrogen dioxide, February 8, 1988 ; and

(3) In the case of PM 2.5 , October 20, 2011

.

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) § 107(d)(1)(A)(ii) or (i ii) of the federal Clean Air Act for the pollutant on the date of its complete application un der this article ; 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 modifica tion, 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 modificati on, responsible for triggering that date did not result in a significant amount of PM 10 emissions.COMMONWEALTH OF VIRGINIA PAGE 13 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

"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 thos e 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 r egulated 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 applic ation 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 c ompliance 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., t hat have the same first two

- digit code) as described in the Standard Industrial Classification Manual (see 9VAC5

- 20

- 21).

" Clean coal technology" means any technology, including technologies applied at the pre combustion, 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.

"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 theCOMMONWEALTH OF VIRGINIA PAGE 14 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

demonstration project.

"Commence" as applied to construction of a major station ary 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 reas onable 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 me t. 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 fa brication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.

"Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisit ion and availability requirements of this article, to sample, condition (if applicable), analyze, and provide a

record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for th e determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

"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 operation al parameter value(s) on a continuous basis.

"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 2 5 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 outputCOMMONWEALTH OF VIRGINIA PAGE 15 of 64
STATE AIR POLLUTION CONTROL BOARD

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capacity of the affected facility.

"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generat ing 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

op erated; and (ii) an existing emissions unit is any emissions unit that is not a new

emissions unit.

"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 a nnual limits on a rolling basis, monthly or shorter limits, and other provisions consistent with this article 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.

"Federally enforceable" means all limitations and conditions that are enforceable by the administrator and cit izens 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 em ission standards, alternative emission limitations, and equivalent emission limitations established pursuant to § 112
of the federal Clean Air Act as amended in 1990.COMMONWEALTH OF VIRGINIA PAGE 16 of 64
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b. New source performance standards established pursuant to §
111 of the federal Clea n 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) in a federal operating permit, including any provisions that limit a source's potential to emit.

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.

e. Limitations and conditions (unless expre ssly 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.

f. Limitations and condition s (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:

(1) The operating permit program has bee n approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act;

(2) The operating permit program imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides tha t 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;

(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 issu e 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" ;

(4) The limitations, controls, and requirements in the permit in q uestion are permanent, quantifiable, and otherwise enforceable as a practical matter; and

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

g. Limitations and conditi ons in a regulation of the board or programCOMMONWEALTH OF VIRGINIA PAGE 17 of 64
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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.

h. Individual consent agreements that the EPA has legal authority

to create.

"Federal operating permit" means a permit issued under the federal operating permit program.

" 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 (9VAC5

- 80

- 50 et seq.), Article 2 (9VAC5

- 80

- 310 et seq.), Article 3 (9VAC 5

- 80

- 36 0 et seq.), and Article 4 (9VAC 5

- 80

- 710 et seq.) of this part.

"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 abo ve 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 rat e" or "LAER" is as defined in 9VAC 5

- 80

- 2010 C.

"Locality particularly affected" means any locality that bears any identified disproportionate material air quality impact that would not be experie nced by other

localities.

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

"Major emissions unit" means (i) any emissions unit that emits or has theCOMMONWEALTH OF VIRGINIA PAGE 18 of 64
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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) of the definition of “major stationary
source” in 9VAC5

- 80

- 2010 C.

"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 emissions increase of a regulated NSR pollutant, and a significant net emissions increase of that pollutant from the major stationary source.

b. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NO X shall be considered significant for ozone.

c. A physical change or change in the method of operation shall not include the following:

(1) Routine maintenance, repair and replacement.

(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.

(3) Use of an alternative fuel by reaso n of any order or rule under § 125 of the federal Clean Air Act.

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

(5) Use of an alternative fuel or raw material by a st ationary

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.

(6) An increase in the hours of operation or in the productionCOMMONWEALTH OF VIRGINIA PAGE 19 of 64
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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.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary cle an coal technology demonstration project, provided that the project complies with:

(a) The applicable implementation plan, and

(b) Other requirements necessary to attain and maintain the ambient air quality standards during the project and afte r it is terminated.

(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.

(10) The reactivation of a very clean coal

- fired electric utility steam generating unit.

d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complyin g with the requirements under 9VAC 5

- 80

- 1865 for a PAL for that pollutant. Instead, the definition of "PAL major modification" shall apply.

" Major new source review (NSR) permit " means a permit is sued under the major new source review program.

"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 ope ration), (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 (9VAC5

- 80

- 1400 et seq.), Article 8 (9VAC5

- 80

- 1605 et seq.) and Article 9 (9VAC5

- 80

- 2000 et seq.) of this part.

"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 a ny regulated NSR pollutant:COMMONWEALTH OF VIRGINIA PAGE 20 of 64
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(a) Fossil fuel

- f ired 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) Ir on 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.COMMONWEALTH OF VIRGINIA PAGE 21 of 64
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(v) Secondary metal production plants.

(w) Chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140)

.

(x) Fossil fuel boilers (or combination of them ) totaling more than 250 million British thermal units per hour heat input.

(y) Petroleum storage and transfer units with a total

sto rage 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 d efinition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; 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 or NO X shall be considered major for ozone.

c. The f ugitive 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.COMMONWEALTH OF VIRGINIA PAGE 22 of 64
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(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 (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140)

.

(21) Fossil

- fuel boilers (or combination of them ) totaling

more than 250 million British therm al 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.COMMONWEALTH OF VIRGINIA PAGE 23 of 64
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(26) Fossil fuel

- fired steam electric plants of more than 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 40 CFR Parts 60 and 61.

" Minor new s ource review (NSR) permit " means a permit issued under the minor new source review program.

"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 are not subject to 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 (9VAC 5

- 80

- 1100 et seq.) of this part.

"Necessary preconstruction approvals or permits" means those permits required under NSR programs 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, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical change or change in the method of operation at a stat ionary source as calculated pursuant to 9VAC5

- 80

- 1605 G; and

(2) Any other increases and decreases in actual emissions at the major stationary 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.

b. An increase or de crease 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 part icular change

occurs.

c. An increase or decrease in actual emissions is creditable only ifCOMMONWEALTH OF VIRGINIA PAGE 24 of 64
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(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) the board has not relied on it in issuing a permit for the source under this article (or the administrator under 40 CFR 52.21), which permit is in effect when the increase in actual emissions from the particular change occurs.

d. An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that 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 inc reases remaining available.

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 enforceable as a practical matter at and after the time that actual construction on the particular change begin s; and

(3) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

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 t he definition of "actual emissions" shall not apply for determining creditable increases and decreases.

" New source review (NSR) permit " means a permit issued under the new source review program.

"New source review (NSR) program" means a preconstruct ion 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 pollutant s), 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 (9VAC5

- 80

- 1100 et seq.), Article 7 (9VAC5

- 80

- 1400 et seq.), ArticleCOMMONWEALTH OF VIRGINIA PAGE 25 of 64
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8 (9VAC5

- 80

- 1605 et seq.) and Article 9 (9VAC5

- 80

- 2000 et seq.) of this part.

"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
9VAC5

- 80

- 1865.

"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.

"PAL effective period" means the period beginning with the PAL effective date and ending five years later.

"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.

"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.

"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

"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 enforceable or enforceable as a practical matter by the

sta te.

"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 ex ample, 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.COMMONWEALTH OF VIRGINIA PAGE 26 of 64
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"Project" means a physical change in, or change in the method of operation of, an existing major stat ionary source.

"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 re sumes 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 wou ld 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:

a. Sha ll 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 w ith the state or federal regulatory authorities, and compliance plans under th e approved implementation plan;

b. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; a nd

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 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

d. In lieu of using the method set out in subdivisions a through c of this definition, may elect to use the emissions unit's potential to emit, in tons per year.

"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 :

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;

b. Was equipped prior to shut

- down with a continuous system ofCOMMONWEALTH OF VIRGINIA PAGE 27 of 64
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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%;

c. Is equipped with low

- NO X burne rs prior to the time of commencement of operations following reactivation; and

d. Is otherwise in compliance with the requirements of the federal
Clean Air Act.

"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.

"Regulated NSR pollutant" means:

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 and NO X are precursors for ozone) ; pollutant identified under this subdivision as a constituent or precur sor to such pollutant.

Precursors identified for the purposes of this article shall be the following :

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

( 2 ) Sulfur dioxide is a precursor to PM 2.5 in all

attainment and unclassifiable areas.

( 3 ) Nitrogen oxides are presumed to be precursors to

PM 2.5 in all attainment and unclassifiable areas, unless the board determines that emissions of nitrogen oxides from sources in a speci fic area are not a significant

contributor to that area's ambient PM 2.5 concentrations.

( 4 ) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or unclassifiable area, unless the board

determines that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM 2.5 concentrations

.

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

.

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

.

d. Particulate matter emissions, PM 2.5 emissions, and PM 10COMMONWEALTH OF VIRGINIA PAGE 28 of 64
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emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for particulate matter , PM 2.5 and PM 10 in permits issued under this article . Compliance with emissions limit ations for particulate

matter , PM 2.5 and PM 10 issued prior to this date shall not be based on condensable particula te matter unless required by the terms and conditions of the permit. Applicability determinations made prior to this date without accounting for condensable

p articulate matter shall not be considered in violation of this article

.

f. Any pollut ant 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 purs uant 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.

"Repowering" means:

a. Replacemen t of an existing coal

- fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal

fired turbines, integrated ga sification 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.

b. Repowering shall also include any oil and/or gas

- fired unit whic h has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.

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

"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 st ationary source or major modification itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect 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.COMMONWEALTH OF VIRGINIA PAGE 29 of 64
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Secondary emissions d o 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

sour ce 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 10 tpy of direct PM 2.5 emissions; 40 tpy

of SO 2 emissions; 40 tpy of NO X emissions unless demonstrated not to

be a PM 2.5 precursor under the definition of "regulated NSR pollutant"
Ozone 40 tpy of volatile organic compounds or
NO X 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 (measured as nonmethane organic compounds) 50 tpy

b. In reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that subdivision a of this definition does notCOMMONWEALTH OF VIRGINIA PAGE 30 of 64
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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.

"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 emissi ons unit.

"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.

"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 9VAC5

- 170

- 160, requirements within any applicable order or variance, and any permit requirements established pursuant to this chapter.

" St ate operating permit " means a permit issued under the state operating permit program.

"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 (9VAC 5

- 80

- 800 et seq.) of this

pa rt.

"Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.

"Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is ope rated 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.

9VAC5

- 80

- 1635. Amb ient air increments.COMMONWEALTH OF VIRGINIA PAGE 31 of 64
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- 10 AND 80)

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: Area

PM 10 , annual arithmetic mean 4

PM 10 , 24 hour maximum 8

PM 2.5 : 1 Annual arithmetic mean

2 24 hour maximum

PM 10 : 4 Annual arithmetic mean

8 24 hour maximum
Sulfur dioxide:

Annual arithmetic mean 2

24 hour maximum 5
Three

- hour maximum 25 Nitrogen dioxide:

Annual arithmetic mean 2.5

Class I I

Particulate matter: Area

PM 10 , annual arithmetic mean 17

PM 10 , 24 hour maximum 30

PM 2.5 : 4 Annual arithmetic mean

9 24 hour maximum

PM 10 : Annual arithmetic mean 17

24 hour maximum
Sulfur dioxide: 30

Annual arithmetic mean 20

24 hour maximum 91

Three

- hour maximum 512 Nitrogen dioxide:

Annual arithmetic mean 25

Class II I

Particulate matter: Area

PM 10 , annual geometric mean 34

PM 10 , 24 hour maximum 60

PM 2.5 :COMMONWEALTH OF VIRGINIA PAGE 32 of 64
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- 10 AND 80)

8 Annual arithmetic mean

24 hour maximum 18

PM 10 : Annual arithmetic mean 34

24 hour maximum
Sulfur dioxide: 60

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.

9VAC5

- 80

- 1695. Exemptions.

A. The requirements of this article shall not apply to a particular major stationary

source or major modification; if:

1. 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 mod ification 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.COMMONWEALTH OF VIRGINIA PAGE 33 of 64
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- 10 AND 80)

k. Nitric acid plants.

l. P etroleum 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 (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140).

w. Fossil

- fuel boil ers (or combination of them ) 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 be ing regulated under 40 CFR Part 60 or 61; orCOMMONWEALTH OF VIRGINIA PAGE 34 of 64
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- 10 AND 80)

2. 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;

c. The emissions from the source would affect 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 r elocation unless a different time duration is previously approved by the

board.

B. The requirements of this article 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 in 9VAC5

- 20

- 204.

C. The requirements of 9VAC5

- 80

- 1715, 9VAC5

- 80

- 1735, and 9VAC5

- 80

- 1755 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 affect no class I area and no area where an applicable increment

is kno wn to be violated, and

2. Would be temporary.

D. The requirements of 9VAC5

- 80

- 1715, 9VAC5

- 80

- 1735, and 9VAC5

- 80

- 1755 as they relate to any maximum allowable increase for a class II area shall not apply to a major modification at a stationary source th at was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

E. The board may exempt a proposed major stationary source or major modification from the requirements of 9VAC5

- 80

- 1735 with respect to monitoring for a particular pollutant if:

1. The emissions increase of the pollutant from the new source or the netCOMMONWEALTH OF VIRGINIA PAGE 35 of 64
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emissions increase of th e 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

PM 2.5 - 4 μg/m 3 , 24

- hour average

PM 10 - 10 μg/m 3 , 24

- hour average

Sulfur dioxide

- 13 μg/m 3 , 24

- hour average

Ozone *

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

*No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volati le organic compounds or NO X subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air quality data.

2. The concentrations of the pollutant in the area that the source or

modification would affect are less than the concentrations listed in subdivision 1 of this subsection, or the pollutant is not listed in subdivision 1 of this subsection.

F. The requirements of this article shall not apply to a particular major stationary source with respe ct to the use of an alternative fuel or raw material if the following

conditions are met:

1. The owner demonstrates to the board that, as a result of trial burns at the owner’s facility or other facilities or other sufficient data, the emissions resulti ng from the use of the alternative fuel or raw material supply are decreased. No demonstration will be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same qu antity ofCOMMONWEALTH OF VIRGINIA PAGE 36 of 64
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- 10 AND 80)

residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not be subject to review under this article as a major modification.

9VAC5

- 80

- 1715. Source impact analysis.

A. The following demonstration is r equired for any new major stationary source or major modification:

1. 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:

1 a . Any ambient air quality standard in any air quality control region; or

2 b . Any applicable maximum allowable increase over the baseline concentration in any area.

B

. 2

. For purposes of PM 2.5 , the demonstration required in sub division

1 of this sub section is deemed to have been made if the emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the following amounts:

Averaging time Class I area Class II area Class III area

Annual 0.06 μ g/m 3 0.3 μ g/m 3 0.3 μ g/m 3

24

- hour 0.07 μ g/m 3 1.2 μ g/m 3 1.2 μ g/m 3

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.

1. A new major stationary source or major modification will be considered

to cause or contribu te 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:

Pollutant Annual Averaging time (hours)

24 8 3 1

SO 2 1.0 **μ** g/m 3 5.0 **μ** g/m 3 25.0 **μ** g/m 3

PM 10 1.0 **μ** g/m 3 5.0 **μ** g/m 3

PM 2.5 0.3 **μ** g/m 3 1.2 **μ** g/m 3COMMONWEALTH OF VIRGINIA PAGE 37 of 64
STATE AIR POLLUTION CONTROL BOARD

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- 10 AND 80)

NO 2 1.0 **μ** g/m 3

CO 500 **μ** g/m 3 2000 **μ** g/m 3

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 otherwis e 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.

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 9VAC5

- 20

- 204.

9VAC5

- 80

- 1765. Sources affecting federal class I areas

- additional requirements.

A. 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 cons ideration of such permit:

1. Notification of the permit application status as provided in 9VAC5

- 80

- 1773 A.

2. Notification of the public comment period on the application as provided
in 9VAC5

- 80

- 1775 F 2

.

3. Notification of the final determination on the application and issuance of the permit as provided i n 9VAC5

- 80

- 1773 D

.

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

B. The board shall provide written notice of any permit application for a proposed major stationary sou rce 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 so urce'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 unde r 9VAC5

- 80

- 1773 B , 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 permitCOMMONWEALTH OF VIRGINIA PAGE 38 of 64
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- 10 AND 80)

applic ation.

C. 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. 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 satisf action 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 obt ained.

E. 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,

notwithstand ing 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. 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 s uch 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 emissi ons of sulfur dioxide, particulate matter PM 2.5 , PM 10 , 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

PM 2.5 :COMMONWEALTH OF VIRGINIA PAGE 39 of 64
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- 10 AND 80)

4 Annual arithmetic mean

9 24 hour maximum

PM 10 : Annual arithmetic mean 17

24 hour maximum
Sulfur dioxide: 30

Annual arithmetic mean 20

24 hour maximum 91

Three

- hour maximum 325 Nitrogen dioxide:

Annual arithmetic mean 25

G. 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 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 var iance 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 a re otherwise met.

H. 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 appro ve 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. 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 concentrati on 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 an y annual period:

MAXIMUM ALLOWABLE INCREASE (micrograms per cubic meter)COMMONWEALTH OF VIRGINIA PAGE 40 of 64
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- 10 AND 80)

Period of exposure Low terrain areas High terrain areas

24

- hour maximum 36 62

3

- hour maximum 130 221

ARTICLE 9. Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region. (replaces 9VAC5

- 80

- 30)

9VAC5

- 80

- 2010. Definitions.

A. As used in this article, all words or terms not defined here shall have the meaning given them in 9VAC5

- 10 ( General Definitions ), unless otherwise required by

context.

B. For the purpose of this article, 9VAC5

- 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 r ate of emissions of a regulated NSR 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 occ urred, or for establishing a PAL under
9VAC 5

- 80

- 2144. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes.

a. In general, actual emissions as of a particular date shall equal

the avera ge rate, in tons per year, at which the unit actually emitted the pollutant during

a consecutive 24

- month period which precedes the particular date and which is representative of normal source operation. The board will allow the use of a different time per iod 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 t ime 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 that has not begun normal operations on the particular date, actual emissio ns shall equal the potential to emit of the unit on that

date.COMMONWEALTH OF VIRGINIA PAGE 41 of 64
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- 10 AND 80)

"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

.

"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 sour ce (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, 61, and 63;

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.

"Applicable federal requirement" means all of, but not l imited 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 co mpliance 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. A ny 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 fed eral 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.COMMONWEALTH OF VIRGINIA PAGE 42 of 64
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- 10 AND 80)

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 st andard 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 te mpor ary sources subject to 9VAC 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 (9VAC5

- 80

- 1605 et seq.) of this part.

"Baseline actual emi ssions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:

a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons p er 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.

(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and

malfunction s.

(2) The average rate shall be adjusted downward to excludeCOMMONWEALTH OF VIRGINIA PAGE 43 of 64
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- 10 AND 80)

any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24

- month period.

(3) For a reg ulated 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.

(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.

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 selec ted 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 representat ive of normal source operation.

(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and

malfunctions.

(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.

(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 cont rol 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 9VAC5

- 80

- 2120

K.COMMONWEALTH OF VIRGINIA PAGE 44 of 64
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- 10 AND 80)

(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 u nits 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 po llutants is more appropriate due to extenuating circumstances.

(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 t his amount if required by subdivisions b (2) and b (3) of this definition.

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.

d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating u nits 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 pr ocedures

contained in subdivision c of this definition.

"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 limi ted 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 preparator y 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 emit ted 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 a pplication 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 technolog y 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,COMMONWEALTH OF VIRGINIA PAGE 45 of 64
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- 10 AND 80)

operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best a vailable 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 equivale nt results.

"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) excep t the activities of any vessel.

P ollutant

- 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 9VAC5

- 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 w ill 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.

"Clean coal techn ology 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 t hrough appropriations for the U.S. EPA. The federal contribution for a qualifyi ng project shall be at least 20% of the total cost of the demonstration project.

"Commence," as applied to construction of a major stationary source or major modification, me ans 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" mean s 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.COMMONWEALTH OF VIRGINIA PAGE 46 of 64
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"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an

emissions un it) that 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 article , to sample, conditi on (if applicable), analyze, and provide a record of emissions on a continuous basis.

"Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in t erms of mass per unit of time).

"Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to meet the data acquisition and availability requirements of this

section 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 values on a continuous basis.

"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 elec trical 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 determin ing the electrical energy output capacity of the affected facility.

"Emissions cap" means any limitation on the rate of emissions of any air pollutant from one or more emissions units established and identified as an emissions cap in any permit issued p ursuant 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 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.

"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 criteri a:COMMONWEALTH OF VIRGINIA PAGE 47 of 64
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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 a veraging 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 this article and other regulations of the board; and

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

"Federal land ma nager" 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 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) in a federal operating permit, including any provisions that limit a source's potential to emit.

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.

e. Limitations and conditions (unless expressly designate d as not federally enforceable) that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA intoCOMMONWEALTH OF VIRGINIA PAGE 48 of 64
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the implementation plan.

f. Limitations and conditions (unless expressly d esignated 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:

(1) The operating permit program has been approved by the

EPA into the implementation plan under §110 of the federal Clean Air Act.

(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.

(3) The operating permit program requires that all emission limitations, controls, and other re quirements 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.”

(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical

matter.

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

g. Limitations and conditions in a regulation of the board 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 op erating permit" means a permit issued under the federal operating permit program.

“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 (9VAC5

- 80

- 50 et seq.), Article 2 (9VA 5

- 80

- 310 et seq.), Article 3 (9VAC5

- 80

- 360 et seq.), and Article 4 (9VAC5

- 80

- 710 et seq.) of thisCOMMONWEALTH OF VIRGINIA PAGE 49 of 64
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part.

"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)" means for any source, the more stringent rate of emissions bas ed 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 limita tions 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 n ew 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) of the definition of “major stationary source.”

"Major modification"

a. Means any physical change i n or change in the method of operation of a major stationary source that would result in (i) a significant emissions increase of a regulated NSR pollutant; and (ii) a significant net emissions increase of that pollutant from the source.

b. Any signific ant emissions increase from any emissions units or net emissions increase at a source 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 sha ll not include the following:

(1) Routine maintenance, repair and replacement,

(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 ofCOMMONWEALTH OF VIRGINIA PAGE 50 of 64
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1974 (or any supe rseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.

(3) Use of an alternative fuel by reason of an order or rule §125 of the federal Clean Air Act.

(4) Use of an alternative fuel at a steam gener ating unit to the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary

source that :

(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.

(6) 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 installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(a) The applicable implementation plan, and

(b) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is

terminated.

d. This definition shall not apply with respect to a particular regulated N SR pollutant when the source is complying with the requirements under
9VAC5

- 80

- 2144 for a PAL for that pollutant. Instead, the definition for "PAL major modification" shall apply.

“Major new source review (NSR) permit” means a permit issued under the

ma jor new source review program.COMMONWEALTH OF VIRGINIA PAGE 51 of 64
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"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) est ablished to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 7 (9VAC5

- 80

- 1400 et seq.), Article 8 (9VAC5

- 80

- 1605 et seq.) and Article 9 (9 VAC 5

- 80

- 2000 et seq.) of this part.

"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 a regulated NSR pollutant, or (ii) 50 tons per year or more of volatile organic co mpounds or nitrogen oxides in ozone
nonattainment areas classified as serious in 9VAC5

- 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 9VAC5

- 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 dry ers).

(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.COMMONWEALTH OF VIRGINIA PAGE 52 of 64
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(8) Municipal incinerators (or combinati ons 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 pr oduction plants.

(22) Chemical process plants (which shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140)

.

(23) Fossil

- fuel boilers (or combination of them) totalin g 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.COMMONWEALTH OF VIRGINIA PAGE 53 of 64
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(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 40 C FR Part 60, 61, or 63.

“Minor new source review (NSR) permit” means a permit issued under the minor new source review program.

"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for new stationary sour ces or modifications (physical changes or changes in the method of operation) that are not subject to 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 (9VAC 5

- 80

- 1100 et seq.) of this part.

"Necessary preconstruction approvals or permits" means those permits required under the NSR program 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, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical change or cha nge in the method of operation at a stationary source as calculated pursuant to 9VAC5

- 80

- 2000 H; and

(2) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and

are o therwise 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

shal l not apply.

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 nonattainmen t
areas classified as serious or severe in 9VAC5

- 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.COMMONWEALTH OF VIRGINIA PAGE 54 of 64
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c. An increase or decrease in actual emissions is creditable only if:

(1) It occurs between the date five years before constructio n on the particular change commences and the date that the increase from the particular change occurs; and

(2) The board has not relied on it in issuing a permit for the source pursuant to this article which permit is in effect when the increase in actual emissions from the particular change occurs.

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 enforceable as a practical matter 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

(4) It has ap proximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

f. An increase that results from a physical change at a source

occurs when the emissions unit on which constructi on 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.

“New source review (NSR) permit” means a permit issued under the new source review program.

"New source review (NSR) program" means a preconstruction rev iew 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 toCOMMONWEALTH OF VIRGINIA PAGE 55 of 64
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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 (9VAC5

- 80

- 1100 et seq.), Article 7 (9VAC5

- 80

- 1400 et seq.), Article 8 (9VAC5

- 80

- 1605 et seq.) and Article 9 (9VAC5

- 80

- 2000 et seq.) of this part.

"Nonattainment major new source review (NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or majo r 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 (9VAC5

- 80

- 2000 et seq.) of this part. Any permit issued under such a program is a major NSR permit.

"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 VAC5

- 80

- 2144.

"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

.

"PAL effective period" means the period beginning with the PAL effective date and ending five years later.

"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.

"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.COMMONWEALTH OF VIRGINIA PAGE 56 of 64
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"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physica l 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 o r 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 enforceable or enforceable as a practical matter by the state.

"Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to monitor proces s 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.

"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 o peration), (ii) established to implement the requirements of §§ 165 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 8 (9VAC5

- 80

- 1605 et seq.) of this part.

"Project" means a physical change in, or change in the met hod of operation of, an existing major stationary source.

"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

- m onth 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:

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, theCOMMONWEALTH OF VIRGINIA PAGE 57 of 64
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company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan;

b. Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and

c. Exclude, in calculatin g 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 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,

d. In lieu of using the method set out in subdivisions 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.

"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.

"Reasonable further progress" means the annual incremental reductions in emissions of a given air pollutant (including substantial reductions in t he 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 non attainment area by the attainment date prescribed in the implementation plan for such area.

"Regulated NSR pollutant" means any of the following:

a. Nitrogen oxides or any volatile organic compound ;

.

b. Any pollutant for which an ambient air qu ality standard has been promulgated ; or

.

c. Any pollutant that is identified under this subdivision as a constituent or precursor of a general pollutant listed under subdivisions a and or b of this definition, provided that a such constituent or precu rsor pollutant may only be regulated under NSR this article as part of regulation of the general pollutant. Precursors identified for purposes of this article shall be the following:

(1) Volatile organic compounds and nitrogen oxides areCOMMONWEALTH OF VIRGINIA PAGE 58 of 64
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precursors to ozone in all ozone nonattainment areas.

(2) Sulfur dioxide is a precursor to PM 2.5 in all PM 2.5 nonattainment areas.

(3) Nitrogen oxides are presumed to be precursors to PM 2.5 in all PM 2.5 nonattainment areas, unless the board determines that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that

area's ambient PM 2.5 concentrations.

(4) Volatile organic compounds and ammonia are presumed not to be precursors to PM 2.5 in any PM 2.5 nonatt ainment area, unless the board

determines that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM 2.5 concentrations

.

d. PM 2.5 emissions and PM 10 emissions shall inc lude gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing

emissions limitations for PM 2.5 and PM 10 in permits issued under this article

. Compliance with emissions limitations for PM 2.5 and PM 10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and

conditio ns of the permit. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this

article

.

"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 shall 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, o r 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
9VAC5

- 20

- 204.COMMONWEALTH OF VIRGINIA PAGE 59 of 64
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POLLUTANT EMISSIONS RATE
Carbon Monoxide 100 tons per year (tpy) Nitrogen Oxides 25 tpy
Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM 10 15 tpy

PM 2.5 10 tpy of direct PM 2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless

demonstrated not to be a PM 2.5 precursor under the definition of "regulated NSR pollutant"
Ozone 25 tpy of volatile organic compounds

Lead 0.6 py tpy

b. Other nonattainment areas.

POLLUTANT EMISSIONS RATE
Carbon Monoxide 100 tons per year (tpy) Nitrogen Oxides 40 tpy
Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM 10 15 tpy

PM 2.5 10 tpy of direct PM 2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless

demonstrated not to be a PM 2.5 precursor under the definition of "regulated NSR pollutant"
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.

"Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an am ount 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.

"Small emissions unit" means an emissions unit that emits or has the potential to emit th e PAL pollutant in an amount less than the significant level for that PAL pollutant.COMMONWEALTH OF VIRGINIA PAGE 60 of 64
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"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 9VAC5

- 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.

"State operat ing 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 a nd public comment prior to issuance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9VAC5

- 80

- 800 et seq.) of this part.

"Stationary source" means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

"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 o perated 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.

9VAC5

- 8 0

- 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 nonattai nment area.COMMONWEALTH OF VIRGINIA PAGE 61 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

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

nona ttainment areas designated in 9 VAC5

- 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 classif ied 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 to tal increased emissions of the nonattainment pollutant in nonattainment areas (other than ozone nonattainment areas) designated in 9VAC5

- 20

- 204 shall be at least 1 to one. The ratio

of total actual emissions reductions of the nonattainment pollutant to the emissions increase shall be at least 1 to one unless an alternative ratio is provided above for the applicable nonattainment area designated in 9VAC5

- 20

- 204

.

C. Emission reductions otherwise required by these regulations shall not be

creditable as emiss ions 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 will 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 test s 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 use d, and that sufficient offsets are not available to the source.

3. The source has obtained a written finding from the U.S. Department ofCOMMONWEALTH OF VIRGINIA PAGE 62 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

Defense, U.S. Department of Transportation, National Aeronautics and Space Administration or other appropriate feder al 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 b eyond 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 s ource control measures adopted in that nonattainment area during the previous three years. The board will utilize the fees in a

manner that maximizes the emissions reductions in that nonattainment area.

E. For sources subject to the provisions of this ar ticle, 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 emission s 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, u nless 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 gen erally 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.COMMONWEALTH OF VIRGINIA PAGE 63 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

I. No emissions credit may be allowed for replaci ng 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 sectio n. The provisions of Appendix S to 40 CFR Parts 51 apply only to the extent that they are incorporated by reference in 9VAC5

- 20

- 21.

K. Credit for an emissions reduction can be claimed to the extent that the board has not relied on it in issuing any permi t under this chapter or has not relied on it in demonstrating attainment or reasonable further progress.

L. The total tonnage of increased emissions, in tons per year, resulting from a major modification that shall be offset in accordance with § 173 of t he 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.

M. I n meeting the emissions offset requirements of this section, the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant as specified in this subsection. The offset requirements in this section for direct PM 2.5 em issions or emissions of precursors of

PM 2.5 may be satisfied by offsetting reductions in direct PM 2.5 emissions or emissions of any PM 2.5 precursor identified under subdivision c of the definition of "regulated NSR pollutant" if such offsets comply with th e interprecursor trading hierarchy and ratio established in accordance with subsections N through P of this section for a particular

nonattainment area.

N . The board may allow the offset requirement in subsection M of this section for

direct PM 2.5 emissi ons or precursors of PM 2.5 to be satisfied by offsetting reductions in

direct PM 2.5 emissions or emissions of any PM 2.5 precursor using a ratio approved by the board for the nonattainment area after public review and comment as provided in
subsections O an d P of this section. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the board shall submit the interpollutant trading ratios and supporting information to the EPA Regional Office for approval

.

O . Prio r to the decision of the board, the offsetting ratio will be subject to a public comment period of at least 30 days. The board will notify the public, by notice on the department web page "Public Notices for Air Regulations," of the opportunity for public comment on the offsetting ratio and supporting information as available for public inspection under the provisions of subsection P of this section. The notification shall be published at least 30 days prior to the close of the public comment period.COMMONWEALTH OF VIRGINIA PAGE 64 of 64
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABA TEMENT OF AIR POLLUTION (9VAC5

- 10 AND 80)

P

. Information on the offsetting ratio and supporting information, as well as the preliminary determination of the board, shall be available for public inspection during the entire public comment period on the department web page "Public Notices for Air Regul ations."

TEMPLATES \ NOIRA \ REG

- PRO
REG \ DEV\ A11

- REG

- FIN .DOCENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the following information regarding public participation acti vities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity to submit written comments concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was held from July 18 to August 17, 2011

.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of the public comment period in the Virginia Register, along with the locatio n of the proposal for public inspection, on July 18 , 2011. The notice included procedures to afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such request was received. The attached copy of the notice pr ovides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified of the public comment period, as was each local air pollution control agency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Virginia, were notified of the public comment period. These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation

amendments were published in the Virginia Register on J uly 18 , 2011 after being duly adopted by the State Air Pollution Control Board on June 10, 2011 , certified by the Office of the Attorney General as within the board’s statutory authority on J une 16

, 2011 , and th us fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the board by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on J une 28 , 2011 , providing the evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual regulation submitted for approval and incorporation by reference into the Commonwealth of Virginia State Impleme ntation Plan is attached, along with the

effective date of August 17 , 2011

.

TEMPLATES \ SIP

- REG \ REG02

- PH

SIP \ MAJOR NSR \ A11

- SIP

- 2.DOC

## GENERAL NOTICES/ERRATA

GENERAL NOTICES/ERRATA AIR POLLUTION CONTROL BOARD

Public Comment Period - State Implementation Plan Revision - Air Quality Plan, Permits for Major Stationary Sources

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by

the Commonwealth in order to fulfill its responsibilities under

the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requ irements of § 110(a) of the

federal Clean Air Act.

Regulations affected: The regulati ons of the board affected by

this action are as follows: 9VAC5-10-30 of 9VAC5-10 (General Definitions); and Pe rmits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas (Article 8) and Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region (Article 9) of 9VAC5-80 (Per mits for Stationary Sources).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a

revision to the SIP.

Public comment period: July 18, 2011, to August 17, 2011.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be

conducted.

Public comment stage: The regulation amendments are exempt from the state administ rative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the

Administrative Process Act becau se they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: In essence, the proposed revision will consist of amendments to existing regulation provisions concerning permits for major stationary sources. The major provisions of the proposal ar e summarized as follows: On May 16, 2008 (73 FR 28321), EPA promulgated a final rule revising the new source review (NSR) permitting program for prevention of significant deterioration (PSD) and nonattainment areas. The new rule includes the major source threshold, significant emissions rate, and offset ratios for particulate matter less than 2.5 micrometers (PM 2.5 ), interpollutant trading for offsets, and applicability of NSR to

PM 2.5 precursors. On October 20, 2010 (75 FR 64864), EPA promulgated a final rule revising the federal NSR permitting program for PSD. The new rule amends the requirements for

PM 2.5 under the PSD program by adding maximum allowable increases in ambient pollutant concentrations (increments) and two screening tools, known as the significant impact levels (SILs) and a significant monitoring concentration (SMC) for PM 2.5 . In Virginia, where the state is administering the NSR program under an approved SIP, the state may adopt

and submit revisions to the SIP to reflect the rule revisions. The revised SIP should be the same as or equivalent to the revised federal program.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the

federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public

Notices for Plans website ( http://www.deq.state.va.us/air/permitting/planotes.html ). The

doc uments may also be obtained by contacting the DEQ representative named below. The public may review the

documents between 8:30 a.m. a nd 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800,

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562- 6700,

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011

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## General Notices/Errata

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582- 5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and

8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Fluvanna County

School Board

An enforcement action has been proposed for the Fluvanna County School Board for violations in Fluvanna County. A proposed consent order describes a settlement to resolve effluent limitation violations from the Fluvanna County High School sewage treatment plant. A description of the proposed action is available at the DEQ office named below or online

at www.deq.virginia.gov . Steven W. Hetrick will accept comments by email steven.het rick@deq.virginia.gov, FAX (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from July 18, 2011, to August 17, 2011.

Proposed Consent Order for Route 240, LLC

An enforcement action has been proposed for the Route 240, LLC for violations in Albemarle County. A proposed consent order describes a settlement to resolve an unpermitted discharge violation from the Starr Hill Brewery building. A description of the proposed action is available at the DEQ

office named below or online at www.deq.virginia.gov

. Steven W. Hetrick will accept comments by email steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from July 18, 2011, to August 17,

2011.

Notice of Periodic Review of the Wetlands Policy

The Department of Environmental Quality will conduct a periodic review of the Wetlands Policy, 9VAC25-380-10 et seq. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. The department and the board are seeking public comments on the review of any issue relating to the regulations, including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are availa ble alternatives for achieving the purpose of the regulations; (iv) there are less burdensome

and less intrusive alternatives fo r achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations. The purpose of the regulations is to protect public health and/or welfare with the least possible costs and intrusiveness to the

citizens and businesses of the Commonwealth and to establish a policy to preserve wetland ecosystems and protect them from destruction. Section 62.1-44.15 of the Code of Virginia provides the board with the authority to promulgate the regulations. These regulations are designed to provide the necessary procedures and rules by which the statute may be administered. To view the full text of the regulation, go to: http://leg1.state.va.us/000/reg/ TOC09025.HTM.HTM #C0380

. Co mments on the above regulations are welcome and will be accepted until August 8, 2011. Co mments should be sent to David L. Davis, Director, Office of Wetlands & Water Protection, at P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, 9th Floor, Richmond, VA 23219), telephone (804) 698-4105, FAX (804) 698-4032, or email dave.davis@deq.virginia.gov. Please include your full name and mailing address when providing public comment.

Water Quality Restoration Study (TMDL) for the Chickahominy River and Tributaries Impaired for

Bacteria

Public meeting: Mechanicsv ille Branch Library, 7461 Sherwood Crossing Place, Mechanicsville, Virginia 23111. Public meetings will be held on Wednesday, August 3, 2011, at 2 p.m. and 6 p.m. Both meetings are open to the public.

Purpose of notice: The Virginia Department of Environmental Quality and study consultant, MapTech Inc, are presenting preliminary data for the initiation of a total maximum daily load (TMDL) study to restore water quality at two public meetings, an opportunity for the public to share their knowledge of the watershed, and a public comment period following the meetings.

Meeting description: Public meetings on a study to restore water quality along the Chickahominy River and tributaries in

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011

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## Regulations

6 . After using the preceding criteria to modify the name to be searched, the search will reveal names of debtors that are contained in unlapsed or all initial financing statements in an alphabetical list.

E. Reports created in response to a search request shall include the following:

1. The date and time the report was generated.

2. Identification of the name searched.

3. The through date as of the date and time the report was generated.

4. For an organization, the name as it appears after application of the standardized search logic.

5. Identification of each unlapsed initial financing statement or all initial financing statements filed on or prior to the report date and time corresponding to the search criteria, by name of debtor, by identification file number, and by file date and file time.

4. 6. For each initial financing statement on the report, a listing of all related UCC records filed by the filing officer on or prior to the report date.

5. 7. Copies of all UCC records revealed by the search and requested by the requestor.

F. The filing office may provide access to the searchable index via the Internet that produces search results beyond

exact name matches. Search results obtained via the Internet

shall not constitute an official search and will not be certified by the filing office.

VA.R. Doc. No. R11-2808; Filed June 22, 2011, 2:17 p.m.



## 


# –––––––––––––––––– 

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Withdrawal of Proposed Regulation

The State Board of Education has WITHDRAWN the proposed regulation for 8VAC20-340, Regulations for Driver Education, which was published as VR 270-01-0033, Regulations Governing Driver Education, in 6:4 VA.R. 471- 472 November 20, 1989.

Agency Contact: Margaret Roberts, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225- 2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R11-2898; Filed June 8, 2011, 3:27 p.m.



## 


# ––––––––––––––––––  TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrativ e Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration

or revision.

Titles of Regulations: 9VAC5-10. General Definitions (amending 9VAC5-10-30) (Rev. A-11).

9VAC5-80. Permits for Stat ionary Sources (amending 9VAC5-80-1615, 9VAC5-80-1635, 9VAC5-80-1695, 9VAC5-80-1715, 9VAC5-80-1765, 9VAC5-80-2010, 9VAC5-80-2120) (Rev. A-11).

Statutory Authority: § 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Effective Date: August 17, 2011.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Summary:

Articles 8 and 9 of 9VAC5-80 (Permits for Stationary Sources) apply to the construction or reconstruction of new major stationary sources or major modifications to existing ones in prevention of significant deterioration (PSD) areas and in nonattainment areas. This major new source review (NSR) permitting program requires that the owner obtain a permit prior to the construction or modification of a major source. The owner of the proposed new or modified source must provide information as may be needed to enable a preconstruction review in order to determine compliance with applicable control technology and other standards, and to assess the impact of the emissions from the facility on air quality. The regulations also provide the basis for final action on the permit depending on the results of the preconstruction review.

On May 16, 2008 (73 FR 28321), the U.S. Environmental Protection Agency (EPA) promul gated a final rule revising the NSR permitting program for PSD and nonattainment areas. The new rule includes the major source threshold, significant emissions rate, and offset ratios for particulate matter less than 2.5 micrometers (PM 2.5

), interpollutant

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011

2477

## Regulations

trading for offsets, and applicability of NSR to PM 2.5 precursors. On October 20, 2010 (75 FR 64864), EPA promulgated a final rule revising the federal NSR permitting program for PSD. The new rule amends the requirements for PM 2.5 under the PSD program by adding maximum allowable increases in ambient pollutant concentrations (increments) and two screening tools known as the significant impact levels (SILs) and a significant monitoring concentration (SMC) for PM 2.5 . In Virginia, where the state is administering the NSR program under an approved SIP, the state may adopt and submit revisions to the SIP to reflect the rule revisions

. The revised SIP should be the same as or equivalent to the revised federal program.

9VAC5-10-30. Abbreviations.

A -- ampere

act -- actual

AQCR -- Air Quality Control Region

AQMA -- Air Quality Maintenance Area

ASTM -- American Society for Testing and Materials

avg -- average

Be -- Beryllium

Btu -- British thermal unit

°C -- degree Celsius (centigrade)

cal -- calorie

cc -- cubic centimeter

CdS -- cadmium sulfide

cfm -- cubic feet per minute

CFR -- Code of Federal Regula tions (40 CFR 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR

35.20 means Section 35.20 in Part 35 of Title 40 of the Code of Federal Regulations)

CO -- carbon monoxide

CO 2 -- carbon dioxide

COH -- Coefficient of Haze ( unit of measure for the soiling index)

cu ft -- cubic feet

d -- day

dcf -- dry cubic feet

dcm -- dry cubic meter

dscf -- dry cubic feet at standard conditions

dscm -- dry cubic meter at standard conditions EPA -- U.S. Environmental Protection Agency

eq -- equivalents

°F -- degree Fahrenheit

FR -- Federal Register (36 FR 1492, May 3, 1971 means page 1492, dated May 3, 1971, of Volume 36 of the Federal Register - the page indicated is the first page of the referenced material)

ft -- feet

ft 2 -- square feet

ft 3 -- cubic feet

g -- gram

gal -- gallon

GEP -- good engineering practice

g-eq -- gram equivalents

gr -- grain

HCl -- hydrochloric acid or hydrogen chloride

Hg -- mercury

hp -- horse power

hr -- hour

H 2 O -- water

H 2 S -- hydrogen sulfide

H 2 SO 4 -- sulfuric acid

Hz -- hertz

I.D. -- inside diameter

in -- inch

inHg -- inches of mercury

inH 2 O -- inches of water

J -- joule

K -- Kelvin

k -- 1,000

kg -- kilogram = 10 3 gram

l -- liter

lb -- pound

lpm -- liter per minute

M -- molar

m -- meter

m 3 -- cubic meter

meq -- milliequivalent

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011

2478

## Regulations

M g -- megagram = 10 6 gram

mg -- milligram = 10 -3 gram

min -- minute

ml -- milliliter = 10 -3 liter

mm -- millimeter = 10 -3 meter

mol -- mole

mol.wt. -- molecular weight

MSA -- Metropolitan Statistical Area

mV -- millivolt = 10 -3 volt

N -- normal

n -- newton

N 2 -- nitrogen

ng -- nanogram = 10 -9 gram

nm -- nanometer = 10 -9 meter

NO -- nitric oxide

NO 2 -- nitrogen dioxide

NO X -- nitrogen oxides

O 2 -- oxygen

O.D. -- outside diameter

oz -- ounce

Pa -- pascal

PM -- particulate matter; any airborne finely divided solid or liquid material with an aerodyn amic diameter smaller than

100 micrometers.

PM 10 -- particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers

PM 2.5 -- particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers

ppb -- parts per billion

ppm -- parts per million

psi -- pounds per square inch

psia -- pounds per square inch absolute

psig -- pounds per square inch gauge

°R -- degree Rankine

s -- second

scf -- cubic feet at standard conditions

scfh -- cubic feet per hour at standard conditions

scm -- cubic meter at standard conditions sec -- second

SO 2 -- sulfur dioxide

SO 3 -- sulfur trioxide

SO X -- sulfur oxides

sq ft -- square feet

std -- at standard conditions or standard

μ g -- microgram = 10 -6 gram

μ l -- microliter = 10 -6 liter

USC -- United States Code

V -- volt

v/v -- volume per volume

VOC -- volatile organic compound

W -- watt

w.g. -- water gauge

yd 2 -- square yard

yr -- year

% -- percent

Ω -- ohm

§ -- section

9VAC5-80-1615. Definitions.

A. As used in this article, all words or terms not defined herein shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.

B. For the purpose of this article, 9VAC5-80-280 and 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:

C. Terms defined.

"Actual emissions" means the act ual rate of emissions of a regulated NSR 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 9VAC5-80-1865. Instead, the definitions of "p rojected actual emissions" and "baseline actual emissions" shall apply for those purposes.

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 consecutive 24- month period that precedes the particular date and that is representative of normal sour ce operation. The board will allow the use of a different time period upon a

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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 source-specific allowable emissions for the unit are equivalent to the actual

emissions of the unit.

c. For any emissions unit that 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.

"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 federalclass I area. This determination shall be made on a case-bycase 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, 61, and 63;

b. The 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 cons idering any emission limitations that are enforceable as a prac tical matter on the emissions unit's potential to emit.

"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 throughrulemaking at the time of permit issuance but have futureeffective 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 concerni ng 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 9VAC5-80- 130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in this article.

"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in

accordance with th e following:

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a. Fo r 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-mont h 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.

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

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

(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.

(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.

b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in t ons 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 immediat ely 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-y ear period shall not include any period earlier than Novemb er 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.

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

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

(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 comp ly 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 9VAC5-80-2120 K.

(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.

(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.

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.

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

cont ained 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.

"Baseline area":

a. Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under § 107(d)(1)(C) § 107(d)(1)(A) (ii) or (iii) 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 μ g/m 3 (annual average) of for the

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pollutant for which the minor source baseline date is

established , as follows: (i) for SO 2 , NO 2 , or PM 10 , equal to or greater than 1 μg/m 3 (annual average); or (ii) for PM 2.5 , equal to or greater than 0.3 μg/m 3 (annual average)

. b. Area redesignations under § 107(d)(3) § 107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act cannot intersect or be smaller than the area of imp act 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 st ate 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 th at such baseline area shall not remain

in effect if the board resc inds the corresponding minor

source baseline date in accord ance with subdivision d of

the definition of "baseline date."

"Baseline concentration"

a. Means that ambient concentration level that 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 mi nor source baseline date is

established and shall include:

(1) The actual emissions representative of sources in existence on the ap plicable minor source baseline date, except as provided in subdivision b of this definition; and

(2) The allowable emissions of major stationary sources

that 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 an y 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 PM 10 and sulfur dioxide, January 6, 1975; and

(2) In the case of nitrogen dioxide, February 8, 1988 ; and

(3) In the case of PM 2.5 , October 20, 2010

. 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 PM 10 and sulfur dioxide, August 7, 1977; and

(2) In the case of nitrogen dioxide, February 8, 1988 ; and

(3) In the case of PM 2.5 , October 20, 2011

. 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) § 107(d)(1)(A)(ii) or (iii) 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 sta tionary 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 storag e structures. With respect toa change in method of operation, this term refers to those onsite activities other than preparatory activities that mark the initiation of the change.

"Best available control tech nology" 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, taki ng 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

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co ntrol 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 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 9VAC5-20-21).

"Clean coal technology" mean s 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 electri city, or process steam that was not in widespread use as of November 15, 1990.

"Clean coal technology de monstration 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 si milar 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.

"Commence" as applied to construction of a major stationary source or major modi fication, 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 refere nce to an application for a permit, that the application contains all of the information necessary for processing the app lication and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. Designating an application complete for the purposes of permit processing does not preclude the board from requesting or accepting an y 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) that would result in a change in 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.

"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).

"Continuous parameter monitoring system" or "CPMS" means all of the equipment n ecessary to meet the data acquisition and availability requir ements 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.

"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 generato r that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of this defi nition, 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.

"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;

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

c. Do not allow a relaxatio n of a requirement of the implementation plan;

d. Are technically accura te 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 on a rolling basis, monthly or shorter limits, and other provisions consistent with this article 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.

"Federally enforceable" means all limitations and conditions that are enforceable by the administrator and citizens under

the federal Clean Air Act or th at are enforceable under other statutes administered by th e administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:

a. Emission standards, alte rnative 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 (unl ess expressly designated as not federally enforceable) in a federal operating permit, including any provisions that limit a source's potential to

emit.

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.

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.

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: (1) The operating permit program has been approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act;

(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;

(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 implementa tion 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";

(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and

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

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.

h. Individual consent agreements that the EPA has legal authority to create.

"Federal operating permit" means a permit issued under the federal operating permit program.

"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 (9VAC5- 80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.

"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 ha ving 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

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the United St ates 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 prac tice or of achieving at least comparable reductions at lowe r cost in terms of energy, economics, or nonair quality environmental impacts.

"Lowest achievable emission rate" or "LAER" is as defined

in 9VAC5-80-2010 C.

"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) of the definition of "major stationary

source " in 9VAC5-80-2010 C.

"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 emissions increase of a regulated NSR pollutant, and a significant net emissions increase of that pollutant from the major stationary source.

b. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NO X shall be considered si gnificant for ozone.

c. A physical change or change in the method of operation shall not include the following:

(1) Routine maintenance, repair and replacement.

(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.

(3) Use of an alternative fuel by reason of any order or rule under § 125 of the federal Clean Air Act. (4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid

waste.

(5) 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.

(6) 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.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(a) The applicable implementation plan; and

(b) Other requirements necessary to attain and maintain the ambient air quality standards during the project and

after it is terminated.

(9) The installation or oper ation 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.

(10) The reactivation of a ve ry clean coal-fired electric utility steam generating unit.

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 9VAC5-80-1865 for a PAL for that pollutant. Instead, the definition of "PAL major modification" shall apply.

"Major new source review (NSR) permit" means a permit issued under the major new source review program.

"Major new source review (m ajor NSR) program" means a preconstruction review and perm it 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 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

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"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 regulated NSR pollutant:

(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 capa ble 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 (which does not include ethanol production facilities that produce ethanol by

natural fermentation included in NAICS codes 325193 or 312140).

(x) Fossil fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.

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

(z) Taconite ore processing plants.

(aa) Glass fiber processing plants. (bb) Charcoal production plants.

(2) Notwithstanding the stati onary source size specified in subdivision a (1) of this definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; 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 or NO X 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 capab le 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 (which shall not include ethanol production facilities that produce ethanol by

natural fermentation included in NAICS codes 325193 or 312140).

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(21 ) Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.

(22) Petroleum storage and transfer units with a total storage capacity exceed ing 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 than 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 40 CFR Parts

60 and 61.

"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.

"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 are not subject to 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 (9VAC5-80-1100 et seq.) of this part.

"Necessary preconstruction approvals or permits" means those permits required under NSR programs 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, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calcula ted pursuant to 9VAC5-80- 1605 G; and

(2) Any other increases and d ecreases in actual emissions at the major stationary 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.

b. An increase or decrease in actual emissions is contemporaneous with the in crease 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) the board has not relied on it in issuing a permit for the source under this article (or the administrator under 40 CFR 52.21), which permit is in effect when the increase in actual emissions from the particular change occurs.

d. An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that 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.

e. An increase in actual emissi ons 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 enforceable as a practical matter at and after the time that actual construction on the particular change begins;

(3) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

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.

"New source review (NSR) permit" means a permit issued under the new source review program.

"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

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Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80- 1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"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

9VAC5-80-1865.

"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.

"PAL effective period" means th e period beginning with the PAL effective date and ending five years later.

"PAL major modification" m eans, notwithstanding the definitions for major modification and net emissions increase, any physical change in or cha nge 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.

"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.

"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

"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. Secondar y 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 enforceable or enforceable as a practical matter by the state.

"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.

"Project" means a physical ch ange in, or change in the method of operation of, an existing major stationary source. "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:

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;

b. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

c. Shall exclude, in calcula ting 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 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 sh all not reduce any calculated

increases in emissions that are caused by, result from, or are related to the particular project; or

d. In lieu of using the method set out in subdivisions a through c of this definition, may elect to use the emissions unit's potential to emit, in tons per year.

"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:

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;

b. Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxid e of no less than 85% and a removal efficiency for particulates of no less than 98%;

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c. Is e quipped with low-NOX burners prior to the time of commencement of operations fo llowing reactivation; and

d. Is otherwise in compliance with the requirements of the

federal Clean Air Act.

"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.

"Regulated NSR pollutant" means:

a. Any pollutant for which an ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the admi nistrator (e.g., volatile organic compounds and NO X are precursors for ozone) ; pollutant identified under this subdivision as a constituent or precursor to such pollutant. Precursors identified for the purposes of this article shall be the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable

areas.

(2) Sulfur dioxide is a precursor to PM 2.5 in all attainment

and unclassifiable areas.

(3) Nitrogen oxides are presumed to be precursors to

PM 2.5 in all attainment and unclassifiable areas, unless the board determines that emissions of nitrogen oxides from sources in a specific area are not a significant

contributor to that area's ambient PM 2.5 concentrations.

(4) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or unclassifiable area, unless the board determines that emissions of volatile organic compounds from sources in a specific area are a significant contribut or to that area's ambient

PM 2.5 concentrations.

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

. 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

.

d. Particulate matter emissions, PM 2.5 emissions, and PM 10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for particulate matter, PM 2.5 and PM 10 in permits issued under this article. Compliance with emissions limitations for particulate matter, PM 2.5 and

PM 10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of

this article.

e. 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.

"Repowering" means:

a. Replacement of an existing coal-fired boiler with one of the following clean coal t echnologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics,

direct and indirect coal-fi red 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 rela tive to the performance of technology in widespread commercial use as of November 15, 1990.

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.

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.

"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 modi fication itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect the same general area as the stationary source or modifica tion 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:

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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 10 tpy of direct PM 2.5 emissions; 40 tpy of SO 2 emissions; 40 tpy of NO X emissions unless

demonstrated not to be a

PM 2.5 precursor under the

definition of "regulated NSR pollutant"

Ozone 40 tpy of volatile organic compounds or NO X

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 totaltetra-through octachlorinated dibenzo-pdioxins 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 (measured as nonmethane organic compounds) 50 tpy

b. In reference to a net emissions increase or the potential of a source to emit a regul ated NSR pollutant that subdivision a of this definition does not list, any emissions

rate.

c. Notwithstanding subdivision a of this definition, 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

μ g/m 3 (24-hour average).

"Significant emissions increase " means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

"Significant emissions unit" m eans 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.

"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.

"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 9VAC5-170-160, 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.

"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 issu ance of the final permit, and practicable enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.

"Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.

"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.

9VAC5-80-1635. Ambi ent 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:

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MAXIMUM ALLOWABLE INCREASE (micrograms per cubic meter)

Class I Area

Particulate matter:

PM 10 , annual arithmetic mean 4

PM 10 , 24 hour maximum 8

PM 2.5 :

Annual arithmetic mean 1

24 hour maximum 2

PM 10 :

Annual arithmetic mean 4

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 Area

Particulate matter:

PM 10 , annual arithmetic mean 17

PM 10 , 24 hour maximum 30

PM 2.5 :

Annual arithmetic mean 4

24 hour maximum 9

PM 10 :

Annual arithmetic mean 17

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 Area

Particulate matter:

PM 10 , annual geometric mean 34

PM 10 , 24 hour maximum 60

PM 2.5 :

Annual arithmetic mean 8

24 hour maximum 18

PM 10 :

Annual arithmetic mean 34

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 ma y be exceeded during one such period per year at any one location.

9VAC5-80-1695. Exemptions.

A. The requirements of this article shall not apply to a particular major stationary source or major modification; if:

1. 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 cap able 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.

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v. Chemical process plants (which shall not include ethanol production facilities that produce ethanol by

natural fermentation included in NAICS codes 325193 or 312140).

w. Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.

x. Petroleum storage and transfer units with a total storage capacity exceed ing 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 40 CFR Part 60 or 61; or

2. 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;

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

c. The emissions from the s ource would affect 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 re location unless a different time duration is previously approved by the board.

B. The requirements of this article 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 modifi cation is located in an area designated as nonattainment in 9VAC5-20-204.

C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 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 incr ease of that pollutant from the

modification:

1. Would affect no class I area and no area where an applicable increment is known to be violated; and 2. Would be temporary.

D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 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 regulated NSR pollutant from the modification after the applicati on of best available control technology would be less than 50 tons per year.

E. The board may exempt a proposed major stationary source or major modification from the requirements of 9VAC5-80-1735 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 μ g/m 3 , 8-hour average

Nitrogen dioxide -- 14 μ g/m 3 , annual average

Particulate matter

-- 10 μ g/m 3 of PM 10 , 24

- hour average

PM 2.5 - 4 μg/m 3 , 24-hour average

PM 10 - 10 μg/m 3 , 24-hour average

Sulfur dioxide -- 13 μ g/m 3 , 24-hour average

Ozone*

Lead -- 0.1 μ g/m 3 , 3-month average

Fluorides -- 0.25 μ g/m 3 , 24-hour average

Total reduced sulfur -- 10 μ g/m 3 , 1-hour average

Hydrogen sulfide -- 0.2 μ g/m 3 , 1-hour average

Reduced sulfur compounds -- 10 μ g/m 3 , 1-hour average;

or

*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 or NO X subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air quality

data.

2. The concentrations of the pollutant in the area that the

source or modification would affect are less than the

concentrations listed in subdivis ion 1 of this subsection, or the pollutant is not listed in subdivision 1 of this

subsection.

F. The requirements of this article shall not apply to a particular major stationary source with respect to the use of an alternative fuel or raw material if the following conditions

are met:

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1. The owner demonstrates to the board that, as a result of trial burns at the owner's facility or other facilities or other sufficient data, the emissions resulting from the use of the

alternative fuel or raw materi al supply are decreased. No demonstration will be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not be subject to review under this article as a major

modification.

9VAC5-80-1715. Source impact analysis.

A. The following demonstration is required for any new major stationary source or major modification:

1. 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:

1. a. Any ambient air quality standard in any air quality control region; or

2. b. Any applicable maximum allowable increase over

the baseline concentra tion in any area.

B. 2. For purposes of PM 2.5 , the demonstration required in

subdivision 1 of this subsection is deemed to have been made if the emissions increase from the new stationary

source alone or from the modi fication alone would cause, in all areas, air quality impacts less than the following

amounts :

Averaging

time Class I area Class II area Class III area

Annual 0.06 μg/m 3 0.3 μg/m 3 0.3 μg/m 3

24-hour 0.07 μg/m 3 1.2 μg/m 3 1.2 μg/m 3

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.

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:

Averaging time (hours)

Pollutant Annual 24 8 3 1

SO 2 1.0

μ g/m 3 5.0

μ g/m 3 25.0

μ g/m 3

PM 10 1.0

μ g/m 3 5.0

μ g/m 3 PM 2.5 0.3 mg/m 3 1.2 mg/m 3

NO 2 1.0

μ g/m 3

CO 500

μ g/m 3 2000

μ g/m 3

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.

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 9VAC5-20-204.

9VAC5-80-1765. Sources affecting federal class I areas -- additional requirements.

A. 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 9VAC5-80-1773 A.

2. Notification of the public comment period on the application as provided in 9VAC5-80-1775 F 2.

3. Notification of the final determination on the application and issuance of the permit as provided in 9VAC5-80-1773

D.

4. Notification of any other action deemed appropriate by

the board.

B. The board shall provide written notice of any permit application for a proposed majo r 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. Su ch 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 sha ll 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 9VAC5-80-1773 B,

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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 an y such permit application.

C. 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. The board shall consider an y 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 expl anation can be obtained.

E. 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. 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 requirem ents 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 nitrog en 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

PM 2.5 :

Annual arithmetic mean 4

24 hour maximum 9

PM 10 :

Annual arithmetic mean 17

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. The owner of a proposed source or modification that cannot be approved under subsection F of this section may demonstrate to the governor th at the source or modification 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 mana ger'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. 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. 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

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and to ass ure 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)

Period of exposure Low terrain

areas High terrain

areas

24-hour maximum 36 62

3-hour maximum 130 221

9VAC5-80-2010. Definitions.

A. As used in this article, all words or terms not defined here shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.

B. For the purpose of this article, 9VAC5-50-270 and any related use, the words or terms shall have the meanings given

them in subsection C of this section.

C. Terms defined.

"Actual emissions" means the act ual rate of emissions of a regulated NSR 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 9VAC5-80-2144. Instead, the definitions of "p rojected actual emissions" and "baseline actual emissions" shall apply for those purposes.

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 consecutive 24- month period which precedes the particular date and which is representative of normal source operation. The board will 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 that 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. "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 Parts 60, 61 and 63;

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 cons idering any emission limitations that are enforceable as a prac tical matter on the emissions unit's potential to emit.

"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 throughrulemaking at the time of permit issuance but have futureeffective 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.

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f. Any requirement concerni ng 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 9VAC5-80- 130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in Article 8 (9VAC5- 80-1605 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 th e following:

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-mont h period selected by the owner within the five-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.

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

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

(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.

(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.

b. For an existing emissions unit other than an electric utility steam generating unit, baseline actual emissions means the average rate, in t ons 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 immediat ely 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 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.

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

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

(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

9VAC5-80-2120 K.

(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

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p ollutant or pollutants is more appropriate due to extenuating circumstances.

(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.

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.

d. For a PAL for a major stationary source, the baseline

actual emissions shall be cal culated 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.

"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 storag e structures. With respect toa change in method of operation, this term refers to those onsite activities other than preparatory activities which mark the initiation of the change.

"Best available control tech nology" 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, taki ng 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 that achieve equivalent results.

"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," as amended by the supplement (see 9VAC5-20-21).

"Clean coal technology" mean s 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 electri city, or process steam that was not in widespread use as of November 15, 1990.

"Clean coal technology de monstration 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 si milar 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.

"Commence," as applied to construction of a major stationary source or major modi fication, 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 th at 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,

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installation, demolition, or modification of an emissions unit) that 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

article , to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

"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).

"Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to meet the data acquisition and availability requirements of this section 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 values on a continuous basis.

"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 me gawatt 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 ge nerator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

"Emissions cap" means any limitation on the rate of emissions of any 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 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.

"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 relaxatio n of a requirement of the implementation plan; d. Are technically accura te 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 this article 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.

"Federally enforceable" means all limitations and conditions which are enforceable by the ad ministrator and citizens under

the federal Clean Air Act or th at are enforceable under other statutes administered by th e administrator. Federally enforceable limitations and conditions include, but are not limited to the following:

a. Emission standards, alte rnative 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 (unl ess expressly designated as not federally enforceable) in a federal operating permit, including any provisions that limit a source's potential to

emit.

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.

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 any construction permit issued under regulations approved by EPA into the implementation plan.

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:

(1) The operating permit program has been approved by the EPA into the implementation plan under § 110 of the

federal Clean Air Act.

(2) The operating permit program imposes a legal obligation that operating permit holders adhere to the

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term s 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.

(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 implementa tion 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."

(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter.

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

g. Limitations and conditions in a regulation of the board 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.

"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 (9VAC5- 80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.

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

"Lowest achievable emissions rate (LAER)" 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 cl ass 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) of the definition of "major stationary

source."

"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) a significant emissions increase of a regulated NSR pollutant; and (ii) a significant net emissions increase of that pollutant from the source.

b. Any significant emissions increase from any emissions

units or net emissions incr ease at a source 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:

(1) Routine maintenance, repair and replacement.

(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.

(3) Use of an alternative fuel by reason of an order or rule § 125 of the federal Clean Air Act.

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid

waste.

(5) Use of an alternative fuel or raw material by a stationary source that:

(a) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federa lly 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.

(6) An increase in the hours of operation or in the production rate, unless such change is prohibited under

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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 installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(a) The applicable implementation plan; and

(b) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated.

d. This definition shall not apply with respect to a particular regulated NSR pollutant when the source is complying with the requirements under 9VAC5-80-2144 for a PAL for that pollutant . Instead, the definition for "PAL major modification" shall apply.

"Major new source review (NSR) permit" means a permit issued under the major new source review program.

"Major new source review (m ajor NSR) program" means a preconstruction review and perm it 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 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"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 a regulated NSR pollutant, (ii) 50 tons per year or more of volatile organic compounds or nitrogen oxides in

ozone nonattainment areas cl assified as serious in 9VAC5-20-204, (iii) 25 tons per year or more of volatile organic compounds or nitrogen oxides in ozone

nonattainment areas classified as severe in 9VAC5-20- 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 (which shall not include ethanol production facilities that produce ethanol by

natural fermentation included in NAICS codes 325193 or 312140).

(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 exceed ing 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.

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(2 9) Any other stationary source category which, as of August 7, 1980, is being regulated under 40 CFR Part 60,

61 or 63.

"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.

"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 are not subject to 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 (9VAC5-80-1100 et seq.) of this part.

"Necessary preconstruction approvals or permits" means those permits required under the NSR program 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, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calcula ted pursuant to 9VAC5-80- 2000 H; and

(2) Any other increases and d ecreases in actual emissions at the major stationary 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.

b. An increase or decrease in actual emissions is contemporaneous with the in crease from the particular change only if it occurs befo re the date that the increase from the particular change o ccurs. For sources located in

ozone nonattainment areas classified as serious or severe in 9VAC5-20-204, 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 fr om 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 change commences and the date that the increase from the particular change occurs;

and

(2) The board has not relied on it in issuing a permit for the source pursuant to this article which permit is in

effect when the increase in actual emissions from the particular change occurs.

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 emissi ons 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 enforceable as a practical matter 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

(4) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

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.

"New source review (NSR) permit" means a permit issued under the new source review program.

"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 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80- 1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Nonattainment major new source review (NSR) program" means a preconstruction review and permit program (i) for

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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 (9VAC5-80-2000 et seq.) of this part. Any permit issued under such a program is a major NSR permit.

"Nonattainment pollutant" means, within a nonattainment area, the pollutant for whic h 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 Tran sport 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

9VAC5-80-2144.

"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.

"PAL effective period" means th e period beginning with the PAL effective date and ending five years later.

"PAL major modification" m eans, 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.

"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.

"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

"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 act uals 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 enforceable or enforceable as a practical matter by the state.

"Predictive emissions monitori ng 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.

"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 (9VAC5-80-1605 et seq.) of this part.

"Project" means a physical ch ange in, or change in the method of operation of, an existing major stationary source.

"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:

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;

b. Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and

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 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

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u tilization 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

d. In lieu of using the method set out in subdivisions 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.

"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 th e board regarding the permit application.

"Reasonable further progress" m eans 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.

"Regulated NSR 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

. c. Any pollutant that is identified under this subdivision as a constituent or precursor of a general pollutant listed

under subdivisions a and or b of this definition, provided

that a such constituent or precursor pollutant may only be regulated under NSR this article as part of regulation of the general pollutant. Precursors identified for purposes of this article shall be the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

(2) Sulfur dioxide is a precursor to PM 2.5 in all PM 2.5 nonattainment areas.

(3) Nitrogen oxides are presumed to be precursors to

PM 2.5 in all PM 2.5 nonattainment areas, unless the board determines that emissions of nitrogen oxides from sources in a specific area are not a significant contributor

to that area's ambient PM 2.5 concentrations.

(4) Volatile organic compounds and ammonia are presumed not to be precursors to PM 2.5 in any PM 2.5 nonattainment area, unless the board determines that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant

contributor to that area's ambient PM 2.5 concentrations. d. PM 2.5 emissions and PM 10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5 and PM 10 in permits issued under this article. Compliance with

emissions limitations for PM 2.5 and PM 10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit. Applicability determinations made prior to this date without accounting for condensa ble particulate matter shall

not be considered in violation of this article.

"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 shall be specific, well defined, quantif iable, 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 referen ce 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 9VAC5-20-204.

POLLUTANT EMISSIONS RATE

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 25 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM 10 15 tpy

PM 2.5 10 tpy of direct PM 2.5 emissions; 40 tpy of sulfur dioxide emissions; 40

tpy of nitrogen oxide emissions

unless demonstrated not to be a

PM 2.5 precursor under the definition of "regulated NSR pollutant"

Ozone 25 tpy of volatile organic compounds

Lead 0.6 py tpy

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## Regulations

b. Other nonattainment areas.

POLLUTANT EMISSIONS RATE

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM 10 15 tpy

PM 2.5 10 tpy of direct PM 2.5 emissions; 40 tpy of sulfur dioxide emissions; 40

tpy of nitrogen oxide emissions

unless demonstrated not to be a

PM 2.5 precursor under the definition of "regulated NSR pollutant"

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.

"Significant emissions unit" m eans 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.

"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.

"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 9VAC5-170-160, 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.

"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 issu ance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.

"Stationary source" means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant. "Synthetic minor" means a stationary source whose potential to emit is constrained by st ate-enforceable and federally enforceable limits, so as to pl ace 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.

9VAC5-80-2120. 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 fede rally 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 9VAC5-20-204 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

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## Regulations

pol lutant in nonattainment areas (other than ozone nonattainment areas) designated in 9VAC5

- 20

- 204 shall be at

least 1 to one. The ratio of total actual emissions reductions of the nonattainment pollutant to the emissions increase shall be

at least 1 to one unless an alte rnative ratio is provided above for the applicable nonattainme nt area designated in 9VAC5-

20-204.

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 will allow an owner to offset by alternative or

innovative means emission increas es 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 an nual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that suffici ent 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 stationa ry source control measures adopted in that nonattainment area during the previous three years. The board will 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 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 com bustion 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 switc h to a cleaner fuel at some future date, emissions offset cr edit based on the allowable (or actual) emissions for the fuel s 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, th e 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 Part 51 shall be followed to the extent that they do not conflict with this

section. The provisions of Appendix S to 40 CFR Parts 51 apply only to the extent that they are incorporated by

reference in 9VAC5-20-21.

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. 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 fe deral Clean Air Act shall be determined by summing the diffe rence between the allowable

emissions after the modification and the actual emissions

before the modification for each emissions unit.

M. In meeting the emissions offset requirements of this section, the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is

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## Regulations

permitted for a particular pollutant as specified in this subsection. The offset requirements in this section for direct

PM 2.5 emissions or emissions of precursors of PM 2.5 may be satisfied by offsetting reductions in direct PM 2.5 emissions or emissions of any PM 2.5 precursor identified under subdivision c of the definition of "regulated NSR pollutant" if such offsets comply with the interprecursor trading hierarchy and ratio

established in accordance with subsections N through P of this section for a particular nonattainment area.

N. The board may allow the offs et requirement in subsection

M of this section for direct PM 2.5 emissions or precursors of

PM 2.5 to be satisfied by offsetting reductions in direct PM 2.5 emissions or emissions of any PM 2.5 precursor using a ratio approved by the board for the nonattainment area after public review and comment as provided in subsections O and P of this section. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the board shall submit the interpollutant trading ratios and supporting information to the EPA Regional Office for approval.

O. Prior to the decision of the board, the offsetting ratio will be subject to a public comment period of at least 30 days. The board will notify the public, by notice on the department web page "Public Notices for Air Regulations," of the opportunity for public comment on the offsetting ratio and supporting information as available for public inspection under the provisions of subsection P of this section. The notification shall be published at least 30 days prior to the close of the public comment period.

P. Information on the offsetting ratio and supporting information, as well as the preliminary determination of the board, shall be available for public inspection during the entire public comment period on the department web page "Public Notices for Air Regulations."

VA.R. Doc. No. R11-2833; Filed June 28, 2011, 1:46 p.m.

Final Regulation

REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exemption from the Administrative

Process Act in accordance w ith § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or

form or corrections of tec hnical errors. The State Air

Pollution Control Boar d will receive, consider, and respond to petitions by any interested person at any time with respect to

reconsideration or revision.

Titles of Regulations: 9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-5810, 9VAC5-40-5820, 9VAC5-40-5850, 9VAC5-40-5880, 9VAC5-40-5920) (Rev. D-11).

9VAC5-50. New and Modifi ed Stationary Sources (amending 9VAC5-50-420) (Rev. D-11). 9VAC5-130. Regulation for Open Burning (amending9VAC5-130-20, 9VAC5-130-40, 9VAC5-130-100) (Rev. D11).

Statutory Authority: § 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182);

40 CFR Parts 51 and 60.

Effective Date: August 17, 2011.

Agency Contact: Debra Miller, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, or email debra.miller@deq.virginia.gov.

Summary:

Amendment 7 to the Solid Waste Management Regulations recodified those regulations and created 9VAC20-81, which became effective March 16, 2011. This action updates the citations to the Solid Waste Management Regulations in the State Air Pollution Control Board's regulations.

9VAC5-40-5810. 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 meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise required by context.

C. Terms defined.

"Active collection system" m eans a gas collection system that uses gas mover equipment.

"Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in

the future.

"CERCLA" means the federal Comprehensive Environmental Response, Compensation and Liability Act (42 USC § 9601 et seq.).

"Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without firs t filing a notification of modification, as prescribed under 40 CFR 60.7(a)(4), with the board. Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.

"Closure" means that point in time when a landfill becomes

a closed landfill.

"Commenced" means that an owner has undertaken a continuous program of construction or modification or that an owner has entered into a contractual obligation to undertake

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## General Notices/Errata

Volume 27, Issue 24 Virginia Register of Regulations August 1, 2011

2646 

### ERRATA

STATE AIR POLLUTION CONTROL BOARD

Title of Regulation: 9VAC5-80. Permits for Stationary Sources (Rev. A-11).

Publication: 27:23 VA.R. 2477-2506 July 18, 2011.

Correction to Final Regulation:

Page 2494, first column, 9VAC5-80-1765 F, line 14, strike "particulate matter" and insert " PM 2.5 , PM 10 "

VA.R. Doc. No. R11-2833; Filed July 18, 2011, 1:21 p.m.ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The department contact to access this information is the Director, Air Division.

The state did not receive testimony on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- b2

SIP \ MAJOR NSR \ A11

- SIP

- 3.DOC