COMMONW EALTH OF VIRGINIA PAGE 1 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) 9 VAC 5 CHAPTER 40. EXISTING STATIONARY SOURCES.

PART II. Emission Standards. ARTICLE 4. Emission Standards for General Process Operations (Rule 4 -4). 9 VAC 5 -40 - 240. Applicability and designation of affected facility. A. Except as provided in subsect ions C and D of this section, the affected facility to which the provisions of this article apply is each process operation, each process gas stream and each combustion installation. B. The provisions of this article apply throughout the Commonwealth of Virginia. C. Exempted from the provisions of this article are the following: 1. Process operations with a process weight rate capacity less than 100 pounds per hour.

2. Any combustion unit using solid fuel with a maximum heat input of less than 350 ,000 Btu per hour.

3. Any combustion unit using liquid fuel with a maximum heat input of less than 1,000,000 Btu per hour.

4. Any combustion unit using gaseous fuel with a maximum heat input of less than 10,000,000 Btu per hour. D. The provisions of this article do not apply to a particular pollutant from an affected facility if the affected facility is subject to other emission standards in this chapter covering the same pollutant. 9 VAC 5 -40 - 250. Definitions. A. For the purpose of the Regulatio ns for the Control and Abatement of Air Pollution and subsequent amendments or any orders issued by the board, the words or terms shall have the meaning s given them in subsection C of this section. B. As used in this article, all terms not defined here s hall have the meaning s given them in 9 VAC 5 Chapter 10 (9 VAC 5 - 10 - 10 et seq.), unless otherwise required by context.COMMONW EALTH OF VIRGINIA PAGE 2 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) C. Terms defined. "Combustion installation" means all combustion units within a stationary source in operation prior to October 5, 1 979.

"Combustion unit" means any type of stationary equipment in which solid, liquid or gaseous fuels and refuse are burned, including, but not limited to, furnaces, ovens, and kilns.

"Heat input" means the total gross calorific value of all fuels bu rned. "Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes or both in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physicall y connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for al l fuels. "Process weight rate" means a rate established as follows:

a. For continuous or long - run steady- state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for aCOMMONW EALTH OF VIRGINIA PAGE 3 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Reasonably available control technology" 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.

"Rated capacity" means the capacity as stipulated in the purchase contract for the condition of 100% load, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

"Total capacity" means with reference to a combustion installation, the sum of the rated capacities (expressed as heat input) of all units of the installation which must be operated simultaneously under conditions of 100% use load. 9 VAC 5 -40 - 300. Standard for volatile organic compounds. [Repe aled.] A. No owner or other person shall cause or permit to be discharged from any affected facility any volatile organic compound emissions in excess of that resultant from using reasonably available control technology. B. The provisions of this secti on apply to all facilities that (i) are within a stationary source in the Northern Virginia or Richmond Emissions Control Area (see 9 VAC 5 - 20 - 206) and (ii) are within a stationary source that has a theoretical potential to emit 25 tons per year or greater in the Northern Virginia Emissions Control Area or 100 tons per year or greater in the Richmond Emissions Control Area. For the purposes of this section only, the Richmond Emissions Control Area does not include Prince George County and Petersburg City. Theoretical potential to emit shall be based on emissions at design capacity or maximum production and maximum operating hours (8,760 hours/year) before add - on controls, unless the facility is subject to state and federally enforceable permit conditions w hich limit production rates or hours of operation. Emissions from all facilities, including facilities exempt from any other emission standard for volatile organic compounds in this chapter, shall be added together to determine theoretical potential to em it. C. For facilities subject to the provisions of this section, the owners shall within three months of the effective date of this emission standard (i) notify the board of their applicability status, (ii) commit to making a determination as to what con stitutes reasonably available control technology for the facilities and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than th e following dates:

1. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 50 tons per year or greater, May 31, 1995.COMMONW EALTH OF VIRGINIA PAGE 4 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

2. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, May 31, 1996.

3. For facilities in the Richmond Emissions Control Area with a theoretical potential to emit 100 tons per year or greater, May 31, 1995. 9 VAC 5 -40 - 310. Stand ard for nitrogen oxides. [Repealed.] A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides emissions in excess of that resultant from using reasonably available control technology. B. Unless the owner demonstrates otherwise to the satisfaction of the board, compliance with the provisions of subsection A of this section shall be achieved for the applicable source types by the use of reasonably available control technology as defined in 9 VAC 5 -40 - 311. C. The provisions of this section apply to all facilities that (i) are within a stationary source in the Northern Virginia or W estern Virginia Emissions Control Area (see 9 VAC 5 - 20 - 206) and (ii) are within a stationary source that has a theoreti cal potential to emit 25 tons per year or greater in the Northern Virginia Emissions Control Area, or 100 tons per year or greater in the W estern Virginia Emissions Control Area. Theoretical potential to emit shall be based on emissions at design capacity or maximum production and maximum operating hours (8,760 hours/year) before add - on controls, unless the facility is subject to state and federally enforceable permit conditions which limit production rates or hours of operation. Emissions from all facili ties, including facilities exempt from any other emission standard for nitrogen oxides in this chapter, shall be added together to determine theoretical potential to emit. D. For facilities subject to the provisions of subsection A of this section, the owners shall within three months of the effective date of the emission standard (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes reasonably available control technology for the facilities and ( iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the following dates:

1. For facilities in the Northern Virginia Emission s Control Area with a theoretical potential to emit 50 tons per year or greater, May 31, 1995.

2. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year,COMMONW EALTH OF VIRGINIA PAGE 5 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) November 15, 2005.

3. For facilities in the W estern Virginia Emissions Control Area with a theoretical potential to emit 100 tons per year or greater, November 15, 2005. E. For facilities to which the provisions of subsection B of this section a re applicable, the owners shall within three months of the effective date of the emission standard (i) notify the board of their applicability status, (ii) commit to accepting the emission standard as reasonably available control technology for the applica ble facilities or to submitting a demonstration as provided in subsection B of this section and (iii) provide a schedule acceptable to the board for submitting the demonstration no later than the dates specified in subdivisions 1, 2, and 3 of this subsecti on, and for achieving compliance with the emission standard as expeditiously as possible but no later than the dates specified in subdivisions 4, 5, and 6 of this subsection.

1. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 50 tons per year or greater, January 1, 1994.

2. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, January 1, 2004.

3. For facilities in the W estern Virginia Emissions Control Area with a theoretical potential to emit 100 tons per year or greater, January 1, 2004.

4. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 50 tons per year or greater, May 31, 1995.

5. For facilities in the Northern Virginia Emissions Control Area with a theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, November 15, 2005.

6. For facilities in th e W estern Virginia Emissions Control Area with a theoretical potential to emit 100 tons per year or greater, November 15, 2005. F. No owner or other person shall cause or permit to be discharged from any facility any nitrogen oxides emissions in excess of those necessary to achieve emissions reductions identified in any attainment or maintenance plan or any other legally enforceable document submitted to the U.S. Environmental Protection Agency as a revision to the state implementation plan.

1. The fac ilities to which the provisions of this subsection apply are facilities within the Richmond Emissions Control Area (see 9 VAC 5 -20 - 206) identified in any attainment or maintenance plan submitted to the U.S. Environmental ProtectionCOMMONW EALTH OF VIRGINIA PAGE 6 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) Agency as a revision to the state implementation plan.

2. The board may establish case - by- case emission limits and other requirements as may be necessary to achieve the required emission reductions via permits, consent orders, or other legally enforceable means.

3. Faciliti es subject to this subsection shall be in compliance with any limits and other requirements established pursuant to subsection F 2 of this section within the timeframes established in any state plan revision, permit, or other legally enforceable document. 4. The provisions of subsections A through E of this section shall not apply to facilities within the Richmond Emissions Control Area (see 9 VAC 5 -20 -206). 9 VAC 5 -40 - 311. Reasonably available control technology guidelines for stationary sources of nit rogen oxides. [Repealed.] A. General. Unless otherwise approved by the board, this section defines reasonably available control technology for the purposes of compliance with 9 VAC 5 -40 - 310 A for the source types specified here

. B. Definitions. 1

. For the purpose of this section and subsequent amendments or any orders issued by the board, the words or terms shall have the meaning given them in subdivision B 3 of this section.

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

3. Terms defined. "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to be the ca pacity rating of the machine or equipment. "Combustion modification" means any change to the configuration of the burners or the firing method or mechanism of any combustion equipment for the purpose of reducing the emissions of nitrogen oxides. Accep table combustion equipment changes within the context of this term include, but are not limited to, reburning, burners out of service, flue gas recirculation, fuel substitution, engine adjustments, engineCOMMONW EALTH OF VIRGINIA PAGE 7 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) modifications, fuel modifications and the addition of over fire air and low nitrogen oxides burner systems. "Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful heat. "Fuel burning equipment" me ans any furnace, with fuel burning equipment appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat to be utilized by indirect heat transfer or producing power. This includes facilities that are designed as bo ilers to produce steam or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does not include such facilities if designed primarily to burn raw refuse.

"Gas turbine" means a rotary internal combustion engine fueled by liquid or gaseous fuel.

"Heat input" means the total gross calorific value of all fuels burned. "Incinerator" means any device, apparatus, equipment, or structure using combustion or pyrolysis for destroying, or reducing the volume of any material or substance. "Internal combustion engine" means a reciprocating engine which is fueled by liquid or gaseous fuel.

"Process heater" means any fuel burning equipment which is used to produce heat for use in a manufacturing process. This term includ es boilers which use a heat transfer medium other than water, but does not include drying ovens, steam generating units, or other drying apparatus.

"Rated capacity" means the capacity as stipulated in the purchase contract for the condition of 100% loa d, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

"Refuse derived fuel (RDF)" means fuel produced from solid or liquid waste (includes materials customarily referred to as refuse and other discard ed materials) or both which has been segregated and classified, with the useable portions being put through a size reduction and classification process which results in a relatively homogeneous mixture.

"Steam generating unit" means any furnace, boiler or other device used for combusting fuel for the purpose of producing steam.COMMONW EALTH OF VIRGINIA PAGE 8 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) C. Definition of reasonably available control technology. 1. For the source types listed below, reasonably available control technology is defined as the emission limits spe cified below based upon the application of combustion modification; however, owners may elect to use any alternative control technology, provided such alternative is capable of achieving the prescribed emission limits. a. Steam generating units and pro cess heaters. The maximum allowable emission rate for nitrogen oxides from steam generating units and process heaters is as follows: TABLE 4 -4C Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from Steam Generating Units and Process Heaters (pounds per million Btu heat input) Fuel Type Firing Method

Face* and Tangential Cyclone Stokers Coal

– wet bottom 1.0 .55 N/A Coal

– dry bottom .38 N/A 0.4 Oil or Gas or both .25 .43 N/A Gas only .20 N/A N/A * Includes wall, opposed and ve rtical firing methods

b. Gas turbines. The maximum allowable emission rate for nitrogen oxides from gas turbines is as follows: TABLE 4 -4D Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from Gas Turbines

(parts per million by dry vol ume corrected to 15% oxygen) Fuel Type Turbine Type Simple Cycle Combined Cycle Gas 42 42COMMONW EALTH OF VIRGINIA PAGE 9 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) Oil 65/77* 65/77* * Limit shall be 65 ppm for fuel bound nitrogen (FBN) < 0.015% and 77 ppm for FBN ≥ .015%.

2. Any demonstration of compliance with the limits in subdivision C 1 of this section shall be on a daily basis.

3. For the source types and sizes listed below, a demonstration of reasonably available control technology is not required as provided in 9 VAC 5 -40 - 310 B.

a. Any steam generating unit, process heater or gas turbine with an annual capacity factor of less than 5.0%, except that three months following any calendar year during which the capacity factor is 5.0% or greater, the faci lity shall be subject to 9 VAC 5 -40 - 310 A or B, as applicable, and the owner shall comply with 9 VAC 5 -40 - 310 D or E, as applicable, except the compliance date shall be two years after approval of the schedule by the board. Time periods during which a sta nd - by unit is used to provide replacement services for a unit being altered to comply with the provisions of 9 VAC 5 -40 - 310 A or B shall not be used as the basis for a determination that the stand - by unit exceeded the annual capacity factor criteria of 5.0 %.

b. Any stationary internal combustion engine with a rated capacity of less than 450 hp of output power.

c. Any incinerator with a maximum capacity of less than 50 tons of waste per day. d. Any incinerator or thermal or catalytic oxidizer use d exclusively as air pollution control equipment.

e. Any generator used solely to supply emergency power to buildings during periods when normal power supplies are interrupted and during periods of scheduled maintenance. ARTICLE 51

.

Emission Standards for Stationary Sources Subject to Case - by- Case RACT Determinations (Rule 4 - 51 ). 9 VAC 5 -40 - 7370

. Applicability and designation of affected facility. A. The affected facility to which the provisions of this article apply is each facility that is within a stationary source that has a theoretical potential to emit equal to or greater than the applicable source threshold specified in Table 4 - 51 A or 4 - 51 B , and Table 4 - 51 C or 4 - 51E

.COMMONW EALTH OF VIRGINIA PAGE 10 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) B. The provisions of this article apply to all Emission Control Areas as defined in 9 VAC 5 - 2 0 - 206 and indicated in Table 4 - 51A or 4 - 51B, and Table 4 - 51C or 4 - 51E

. C. The provisions of this article do not apply to a particular pollutant from an affected facility if the affected facility is subject to other emission standards in this chapter covering the same pollutant. 9 VAC 5 -40 - 7380

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

“ Capacity factor” means the ratio of the average load on a machine or equipment for the period of time considered to be the capacity rating of the machine or equipment.

“ Combustion modification ” means any change to the configuration of the burners or the firing method or mechanism of any combustion equipment for the purpose of reducing the emissions of nitrogen oxides. Acceptable combustion equipment changes within the context of this term include, but are not limited to, reburning, burners out of service, flue gas re circulation, fuel substitution, engine adjustments, engine modifications, fuel modifications and the addition of over fire air and low nitrogen oxides burner systems.

“ Fossil fuel ” means natural gas, petroleum, coal and any form of solid, liquid or gas eous fuel derived from such materials for the purpose of creating useful heat.

“Fuel burning equipment” means any furnace, with fuel burning equipment appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat to be utilized by indirect heat transfer or producing power. This includes facilities that are designed as boilers to produce steam or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does not include such facilities i f designed primarily to burn raw refuse.

“ Gas turbine ” means a rotary internal combustion engine fueled by liquid or gaseous fuel.

“ Heat input” means the total gross calorific value of all fuels burned.COMMONW EALTH OF VIRGINIA PAGE 11 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

“ Incinerator” means any device, apparatu s, equipment, or structure using combustion or pyrolysis for destroying, or reducing the volume of any material or substance.

“ Internal combustion engine ” means a reciprocating engine which is fueled by liquid or gaseous fuel.

“ Presumptive RACT ” m eans the emission limit that a particular source is capable of meeting by the application of reasonably available control technology that is defined in 9 VAC 5 -40 - 74 3 0

.

“ Process heater” means any fuel burning equipment which is used to produce heat for use in a manufacturing process. This term includes boilers which use a heat transfer medium other than water, but does not include drying ovens, steam generating units, or other drying apparatus

.

“ Rated capacity” means the capacity as stipulated in the purchase contract for the condition of 100% load, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

“ Reasonably available control technolog y” or "RACT" means the lowest emission limit that a par ticular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.

“ Refuse derived fuel (RDF) ” means fuel produced from solid or liquid waste (includes materi als customarily referred to as refuse and other discarded materials) or both which has been segregated and classified, with the useable portions being put through a size reduction and classification process which results in a relatively homogeneous mixture

.

“ Steam generating unit” means any furnace, boiler or other device used for combusting fuel for the purpose of producing steam.

“Theoretical potential to emit” means the maximum capacity of a stationary source to emit a pollutant based on emissio ns at design capacity or maximum production and maximum operating hours (8,760 hours/year) before add - on controls, unless the facility is subject to state and federally enforceable permit conditions which limit production rates or hours of operation. Emis sions from all facilities, including facilities exempt from any other emission standard for volatile organic compounds or nitrogen oxides in this chapter, shall be added together to determine theoretical potential to emit.

“Tpy” means tons per year.COMMONW EALTH OF VIRGINIA PAGE 12 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) 9 VAC 5 -40 - 7390

. Standard for volatile organic compounds ( 1 - hour ozone standard )

. A. No owner or other person shall cause or permit to be discharged from any affected facility any volatile organic compounds (VOCs) emissions in excess of that resultant from using RACT

. B. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4 - 51 A and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified Table 4 - 51 A. TABLE 4 - 51 A.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIE S LOCATED IN VOC EMISSIONS CONTROL AREAS EMISSIONS CONTROL AREA SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE Richmond  100 tpy October 1, 1991 May 31, 1995 Northern Virginia  100 tpy October 1, 1991 May 31, 1995 Northern Virginia  50 tpy and <100 tpy April 1, 1993 May 31, 1995 Northern Virginia  25 tpy and < 50 tpy July 1, 1996 May 31, 1996 C. For facilities subject to the provisions of this section, the owners shall, by the notification date s specified in Table 4 - 51 A, (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities and (iii) provide a s chedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance date s specified in Table 4 - 51 A. D. For the purposes of this section only, the Richmond Emissions Control Area shall not include Prince George County and Petersburg City. 9 VAC 5 -40 - 7 400 . Standard for volatile organic compounds (8 - hour ozone standard). A. No owner or other person shall cause or permit to be discharged from an y affected facility any volatile organic compounds (VOCs) emissions in excess of that resultant from using RACT. B. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4 - 51 B and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified Table 4 - 51 B

. TABLE 4 - 51 B

.COMMONW EALTH OF VIRGINIA PAGE 13 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN VOC EMISSIONS CONTROL AREAS EMISSIONS CONTROL AREA SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE Northern Virginia  5 0 tpy March 1, 2007 April 1, 2009 C. For facilities subject to the provisions of this section, the owners shall, by the notification dates specified in Table 4 - 51 B , (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4 - 51 B

. D. Nothing in this article shall exempt any facility subject to the provisions of 9 VAC 5 -40 - 7390 from being subject to the provisio ns of this section. The board may reevaluate any RACT determination made under 9 VAC 5 -40 - 7390 and require compliance with a new RACT determination as necessary to implement this section. E . Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9 VAC 5 -40 - 7390 shall provide such information as the board deems necessary to determine if the facility is subject to this section. 9 VAC 5 -40 - 74 1 0

. Standard for nitrogen oxides ( 1 - hour ozone standard )

. A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NO X) emissions in excess of that resultant from using RACT. B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the presumptive RACT provisions of 9 VAC 5 -40 - 74 3 0 are applicable shall comply with the provisions of subsection A of this section by the use of presumptive RACT. C. The provisions of this section apply to all facilities that (i) are within a stat ionary source in the emissions control areas specified in Table 4 - 51 C and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified in Table 4 - 51C

. TABLE 4 - 51 C

.

NOTIFICATION AND COMPLIANCE D ATES FOR FACILITIES LOCATED IN NO X EMISSIONS CONTROL AREAS FOR W HICH THERE IS NO PRESUMPTIVE RACTCOMMONW EALTH OF VIRGINIA PAGE 14 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) EMISSIONS CONTROL AREA SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE Northern Virginia  50 tpy April 1, 1993 May 31, 1995 Northern Virginia  25 tpy and < 50 tpy Septem ber 4, 2003 Novem ber 15, 2005 We stern Virginia  100 tpy June 24, 2004 Novem ber 15, 2005 D. For facilities subject to the provisions of this section and for which there is no presumptive RACT definition, the owners shall, by the noti fication dates specified in Table 4 - 51 C , (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities and (iii) provide a schedule acceptable to the board for making this determina tion and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4 - 51 C

. E. For facilities subject to the provisions of this section and for which there is a presumptive RACT definition, the owners shall, by the notification dates specified in Table 4 - 51 D , (i) notify the board of their applicability status, (ii) commit to accepting the presumptive RACT emission limits as RACT for the applicable facilities or to submitting a demonstration as provided in subsection B of this section and (iii) provide a schedule acceptable to the board for submitting the demonstration no later than the demonstration dates specified in Table 4 - 51D , and for achieving compliance with the emission s tandard as expeditiously as possible but no later than the compliance dates specified in Table 4 - 51D

. TABLE 4 - 51D

.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES LOCATED IN NO X EMISSIONS CONTROL AREAS FOR W HICH PRESUMPTIVE RACT IS DEFINED EMISSIONS CON TROL AREA SOURCE

THRESHOLD NOTIFICATION DATE DEMONSTRATION

DATE COMPLIANCE

DATE Northern Virginia  50 tpy April 1, 1993 January 1, 1994 May

31, 1995 Northern Virginia  25 tpy and < 50 tpy Septem ber 4, 2003 January 1, 2004 Novem ber 15,

2005 We stern Virginia  100 tpy June 24, 2004 January 1, 2004 Novem ber 15,

2005 F. No owner or other person shall cause or permit to be discharged from any facility any NO X emissions in excess of those necessary to achieve emissions reductions identified in any attainm ent or maintenance plan or any other legally enforceable document submitted to the U.S. Environmental Protection Agency as a revision to the state implementation plan.

1. The facilities to which the provisions of this subsection apply are facilities wit hin any emissions control area (see 9 VAC 5 -20 -206) identified in any attainment orCOMMONW EALTH OF VIRGINIA PAGE 15 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) maintenance plan submitted to the U.S. Environmental Protection Agency as a revision to the state implementation plan.

2. The board may establish case - by- case emission l imits and other requirements as may be necessary to achieve the required emission reductions via permits, consent orders, or other legally enforceable means.

3. Facilities subject to this subsection shall be in compliance with any limits and other requi rements established pursuant to subsection F 2 of this section within the timeframes established in any state plan revision, permit, or other legally enforceable document. 9 VAC 5 -40 - 74 2 0. Standard for nitrogen oxides (8 - hour ozone standard). A. No own er or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NO X) emissions in excess of that resultant from using RACT. B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the presumptive RACT provisions of 9 VAC 5 -40 - 74 3 0 are applicable shall comply with the provisions of subsection A of this section by the use of presumptive RACT. C. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4 - 51 E and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified in Table 4 - 51E

. TABLE 4 - 51E

.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES LOCATED IN NO X EMISSIONS CONTROL AREAS FOR W HICH THERE IS NO PRESUMPTIVE RACT EMISSIONS CONTROL AREA SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE Northern Virginia  100 tpy March 1, 2007 April 1, 2009 D. For facilities sub

ject to the provisions of this section and for which there is no presumptive RACT definition, the owners shall, by the notification dates specified in Table 4 - 51 E , (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates spec ified in Table 4 - 51E

.COMMONW EALTH OF VIRGINIA PAGE 16 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) E. For facilities subject to the provisions of this section and for which there is a presumptive RACT definition, the owners shall, by the notification dates specified in Table 4 - 51 F , (i) notify the board of their applicability stat us, (ii) commit to accepting the presumptive RACT emission limits as RACT for the applicable facilities or to submitting a demonstration as provided in subsection B of this section and (iii) provide a schedule acceptable to the board for submitting the dem onstration no later than the demonstration dates specified in Table 4 - 51 F , and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4 - 51F

. TABLE 4 - 51F

.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES LOCATED IN NO X EMISSIONS CONTROL AREAS FOR W HICH PRESUMPTIVE RACT IS DEFINED EMISSIONS CONTROL AREA SOURCE

THRESHOLD NOTIFICATION DATE DEMONSTRATION

DATE COMPLIANCE

DATE Northern Virginia  100 tpy March 1, 2007 June 1, 20 07 April 1, 2009 F. Nothing in this article shall exempt any facility subject to the provisions of 9 VAC 5 -40 - 7390 from being subject to the provisions of this section. The board may reevaluate any RACT determination made under 9 VAC 5 -40 - 74 1 0 and requ ire compliance with a new RACT determination as necessary to implement this section. G . Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9 VAC 5 -40 - 7390 shall provide such information as the board deems necessary to determine if the facility is subject to this section. 9 VAC 5 -40 - 74 3 0

. Presumptive reasonably available co ntrol technology guidelines for stationary sources of nitrogen oxides. A. Unless otherwise approved by the board, this section defin es presumptive RACT for the purposes of compliance with 9 VAC 5 -40 - 74 1 0 A or 9 VAC 5 -20 - 74 2 0 A for the source types specified here. B . Presumptive RACT is defined as follows. 1. For the source types listed below, RACT is defined as the emission limits specified below based upon the application of combustion modification; however, owners may elect to use any alternative control technology, provided such alternative is capable of achieving the prescribed emission limits.

a. The maximum allowable emis sion rate for NO X from steam generating units and process heaters is as follows:COMMONW EALTH OF VIRGINIA PAGE 17 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) TABLE 4 - 51G

. MAXIMUM ALLOW ABLE EMISSION RATES FOR NO X EMISSIONS FROM STEAM GENERATING UNITS AND PROCESS HEATERS

(POUNDS PER MILLION BTU HEAT INPUT) Fuel Type Firing Method

Face* and Tangential Cyclone Stokers Coal

– wet bottom 1.0 .55 N/A Coal

– dry bottom .38 N/A 0.4 Oil or Gas or both .25 .43 N/A Gas only .20 N/A N/A * Includes wall, opposed and vertical firing methods

b. The maximum allowable emission rate for NO X from gas turbines is as follows: TABLE 4 - 51 H

.

MAXIMUM ALLOW ABLE EMISSION RATES FOR NO X EMISSIONS

FROM GAS TURBINES (PARTS PER MILLION BY DRY VOLUME CORRECTED TO 15% OXYGEN) Fuel Type Turbine Type Simple Cycle Combined Cycle Gas 42 42 Oil 65/77* 65/77* * Limit shall be 65 ppm for fuel bound nitrogen (FBN) < 0.015% and 77 ppm for FBN ≥ .015%.

2. Any demonstration of compliance with the limits in subdivision B 1 of this section shall be on a daily basis.

3. The following sources are not required to make demonstration of RACT as required by 9 VAC 5 -40 - 74 1 0 B or 9 VAC 5 -40 - 74 2 0 B

.

a. Any steam generating unit, process heater or gas turbine with an annual capacity factor of less than 5.0%, except that three months following any calendarCOMMONW EALTH OF VIRGINIA PAGE 18 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) year during which the capacity factor is 5.0% or greater, the facility shall be subject to 9 VAC 5 -40 - 74 1 0 A or B , or 9 VAC 5 -40 74 2 0 A or B , as applicable, and the owner shall comply with 9 VAC 5 -40 - 74 1 0 D or E, or 9 VAC 5 -40 - 74 2 0 D or E, as applicable, except the compliance date shall be two years after approval of the schedule by the board. Time periods during which a stand - by unit is used to provide replacement services for a unit being altered to comply with the provisions of 9 VAC 5 -40 - 74 1 0 A or B , or 9 VAC 5 -40 - 74 2 0 A or B, shall not be used as the basis for a determination that the stand - by unit exceeded the annual capacity factor criteria of 5.0%.

b. Any stationary internal combustion engine with a rated capacity of less than 450 hp of output power.

c. Any incinerator with a maximum capacity of less than 50 tons of waste per day. d. Any incinerator or thermal or catalytic oxidizer used exclusively as air pollution control equipment.

e. Any generator used solely to supply emergency power to buildings during periods when normal power supplies are interrupted and during periods of scheduled maintenance. 9 VAC 5 -40 - 74 4 0

. Standard for visible emissions. The provisions of Article 1 (9 VAC 5 -40 - 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4 - 1) apply. 9 VAC 5 -40 - 74 5 0. Stan dard for fugitive dust/emissions. The provisions of Article 1 (9 VAC 5 -40 - 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4 - 1) apply. 9 VAC 5 -40 - 74 6 0. Standard for odor. The provisions of Artic le 2 (9 VAC 5 -40 - 130 et seq.) of this chapter (Emission Standards for Odor, Rule 4 - 2) apply. 9 VAC 5 -40 - 74 7 0. Standard for toxic pollutants. The provisions of Article 4 (9 VAC 5 - 60 -200 et seq.) of 9 VAC 5 Chapter 60 (Emission Standards for Toxic Pollutants, Rule 6 -4) apply. 9 VAC 5 -40 - 74 8 0

. Compliance.COMMONW EALTH OF VIRGINIA PAGE 19 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) The provisions of 9 VAC 5 -40 -20 (Compliance) apply. 9 VAC 5 -40 - 74 9 0

. Test methods and procedures. The provisions of 9 VAC 5 -40 - 30 (Emission Testing) apply. 9 VAC 5 -40 - 7 50 0. Monitoring. The provisions of 9 VAC 5 -40 -40 (Monitoring) apply. 9 VAC 5 -40 - 7 51 0. Notification, records and reporting. The provisions of 9 VAC 5 -40 - 50 (Notification, Records and Reporting) apply. 9 VAC 5 -40 - 75 2 0. Registration. The provisions of 9 VAC 5 - 20 - 160 (Registration) apply. 9 VAC 5 -40 - 75 3 0

. Facility and control equipment maintenance or malfunction. The provisions of 9 VAC 5 - 20 - 180 (Facility and Control Equipment Maintenance or Malfunction) apply. 9 VAC 5 -40 - 75 40

. Permits. A permit may be required prior to beginning any of the activities specified below and the provisions of 9 VAC 5 Chapter 50 (9 VAC 5 - 50) and 9 VAC 5 Chapter 80 (9 VAC 5 - 80) may apply. Owners contemplating such action should contact the appropriate regional office for guidance. A. Construction of a facility. B. Reconstruction (replacement of more than half) of a facility. C. Modification (any physical change to equipment) of a facility. D. Relocation of a facility. E. Reactivation (restart- up) of a facility. F. Operation of a fa cility. TEMPLATES\ NOIRA

\ REG - PRO REG \ DEV

\ E04 - REG - BD2 .DOCCOMMONW EALTH OF VIRGINIA PAGE 20 of 20

STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40) CERTIFICATION REGULATION 9 VAC 5 CHAPTER 40, REVISION E04

CONCERNING CONTROL TECHNOLOGY DETERMINATIONS I certify that this regulation is full, true, and correctly dated. Signature: ___________________________________ Name of Certifying Official: David K. Paylor Title: Director Agency: Department of Environmental Quality Date: _________________________________________