# COM}IfONWEALTH 

# of VIRGINiA

Street address: 629 East Main Street Richmond.

Duuglas v,r UOffi-:ncch
Secretary of**)\an~mj** Resources Ma't/m,xaddress' PO Box 1105. !{'c'm1()nd. Vircinia Davrd K, Pa:> lor**r:hrcc~or**

Ms. Diana Esher, Director

Air Protection Division (3APOO) TDD



## SEP 27 Z010 (80-+) 698-4-(jUO

1-?lOG-592-54x2



## u.s. Environmental Protection Agency, Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029

Dear Ms. Esher: Reference: Permits for Major Stationary Sources

and Major Modifications Locating in

Prevention of Significant

Deterioration Areas, and Permits for Major Stationary Sources and Major

Modifications Locating in

Nonattainment Areas or the Ozone Transport Region, Revision C08

Pursuant to the requirements of § 110 ofthe 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 9V AC5 Chapter 80 that add provisions to allow

the terms and conditions of the various elements of the NSR program to be combined into a single permit. This revision also limits the issuance of PAL permits to the state operating permit

program, and updates and restructures provisions which provide certain exemptions related to the

use of alternative fuels or raw materials to ensure there is no conflict between federal law or regulation and the regulation requirements of § 1 0.1-1322.4 of the Code of Virginia. A number of

administrative amendments were also made. The regulation amendments were adopted by theState Air Pollution Control Board on December 15, 2008 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 COS) which was published in the Virginia Register of Regulations on June 8, 2009 after being duly adopted by the

State Air Pollution Control Board on December 15, 2008, certified by the Office

of the Attorney General as within the board's statutory authority on January 21,

2009 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 May 19, 2009, 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.

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

### .~. rely, ! (\



# .**IJ90~el**

David K. Paylor

DKPIgeg

TEMPLATESISIP-REGIREGOO

SIPINONA TTN AREAS120 lOIC08-SIP.DOC

EnclosuresENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION C08

CONCERNING

PERMITS FOR STATIONARY SOURCES

(9VAC5 CHAPTER 80 )

Adoption Date: December 15, 2008
Effective Date: July 23, 2009

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). A copy of the actual regulation submitted for approval and incorporation by reference into the Virginia SIP is included

in Enclosure 2.

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

PART II Permit Procedures

ARTICLE 8 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR

MODIFICATIONS LOCATING IN PREVENTION OF SIGNIFICANT

DETERIORA TION AREAS

9VAC5

- 80

- 1615 Definitions (modified) major modification, m inor new source review (minor NSR)

program , PAL permit
9VAC5

- 80

- 1625 General (modified)

9VAC5

- 80

- 1695 Exemptions (modified)
9VAC5

- 80

- 1915 Actions to combine permit terms and conditions ( added)
9VAC5

- 80

- 1 925 Actions to change permits (modified)
9VAC5

- 80

- 1935 A dministrative permit amendments (modified)
9VAC5

- 80

- 1945 Minor permit amendments (modified)
9VAC5

- 80

- 1955 S ignificant amendment procedures (modified)

9VAC5

- 80

- 1965 Reopening for cause (modified)

ARTICLE 9 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR

MODIFICATIONS LOCATING IN NONATTAINMENT AREAS

9VAC5

- 80

- 2010 Definitions (modified) major modification, m inor new source review (minor NSR)

program

, PAL permit9VAC5

- 80

- 2140 Exemptions (modified)

9VAC5

- 80

- 2195 Actions to combine permit terms and conditions (added)
9VAC5

- 80

- 2200 Actions to c hange permits (modified)
9VAC5

- 80

- 2210 Administrative permit amendments (modified)
9VAC5

- 80

- 2220 Minor permit amendments (modified)
9VAC5

- 80

- 2230 Sign ificant amendment procedures (modified)
9VAC5

- 80

- 2240 Reopening for cause (modified)

TEMPLATES \ SIP

- REG \ REG01

SIP \ NONATTN PLANS \ 20 10 \ C08

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

9 VAC5 CHAPTER 80.

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 given them in 9 VAC5 Chapter 10 (9VAC5

- 10) 9VAC5

- 10 (General Definitions) , unless otherwise required by context.

B. For the purpose of this article, 9 VAC5

- 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 given them in subsection C of this

section:

C. Terms 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

whethe r a significant emissions increase has occurred, or for establishing a PAL under

9 VAC5

- 80

- 1865. 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 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 operation. The board wi ll 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, st ored, 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 onCOMMONWEALTH OF VIRGINIA PAGE 2 of 70

STATE AIR POLLUTION CONTROL B OARD

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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 manag ement, 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 visi bility 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 per mit 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 potentia l 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 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 sou rce

- specific provisions such as consent agreements or orders.COMMONWEALTH OF VIRGINIA PAGE 3 of 70

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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 e mission 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 co nditions 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 commerci al 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 c ontinental 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 contain ed in a permit issued under this article.

l. With regard to temporary sources subject to 9 VAC5

- 80

- 130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in t his 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:COMMONWEALTH OF VIRGINIA PAGE 4 of 70

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a. For any existing electric utility steam generating unit, baseline

actual emissio ns 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 construction of the pr oject. 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 w ith 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 consecu tive 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 co nsecutive 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 du e 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 subdi vision 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 du ring 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 the board for a permi t 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 more representative o f normal source operation.

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

malfunctions.COMMONWEALTH OF VIRGINIA PAGE 5 of 70

STATE AIR POLLUTION CONTROL B OARD

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(2) The average rate shall be adjusted downward to exclude

any nonco mpliant 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 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 demons tration 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 the baseline actual e missions 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 to ns 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

con struction 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 utili ty 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 a ccordance 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) of the federal Clean Air Act inCOMMONWEALTH OF VIRGINIA PAGE 6 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

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 the pollutant for which the minor source baseline date is

establish ed.

b. Area redesignations under § 107(d)(3) 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) I s 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 det ermining the 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."

"Baseli ne 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 minor source baseline date is

e stablished 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 maxim um allowable increase(s):

(1) Actual emissions from any 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 mi nor source baseline date.

"Baseline date"COMMONWEALTH OF VIRGINIA PAGE 7 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

a. "Major source baseline date" means:

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

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

b. "Minor source bas eline 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 and sulfur dioxide, August 7, 1977, and

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

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) 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 stationary 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 esta blished 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 satisf action 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 co nstruction" 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 undergr ound 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 preparatory activities that mark the initiation of the change.COMMONWEALTH OF VIRGINIA PAGE 8 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

"Best available cont rol 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 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 techniq ues, 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 allowe d 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 standa rd 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 th e 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.

P ollutant

- 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 9 VAC5

- 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 will achieve significant reductions in air emissions of sulfur dioxide

or oxid es 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 unde r 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 p roject 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, means that the owner has all necessary preconstruction approvals or permits and either has:COMMONWEALTH OF VIRGINIA PAGE 9 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

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 w ithout 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 informat ion 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 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 fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emi ssions.

"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 pa rameter 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 voltag es 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 generat ing 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 syst em 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 output capacity of the affected facility.

"Emissions unit" means any part of a stat ionary 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 definition, there are two types of emissionsCOMMONWEALTH OF VIRGINIA PAGE 10 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

units: (i) a new emissions unit is any emissi ons 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 cond itions;

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 c onsistent 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 r egulations 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 autho rity 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 that are enforceable under other statutes administered by the administrator. Fed erally 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 199 0.COMMONWEALTH OF VIRGINIA PAGE 11 of 70

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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 implementat ion 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 a nd 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 regula tions 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 issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the imple mentation 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

pu rposes of implementing and enforcing § 112 of the federal Clean Air Act.COMMONWEALTH OF VIRGINIA PAGE 12 of 70

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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.

“Fe deral 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 (9 VAC5

- 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 stac k, chimney, vent, or other functionally equivalent opening.

"High terrain" means any area having 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 I ndians 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 sys tem 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 rate" or "LAE R" is as defined in 9 VAC5

- 80

- 2010 C.

"Locality parti cularly 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 forCOMMONWEALTH OF VIRGINIA PAGE 13 of 70

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nonattainment areas in an amount that is e qual to or greater than the major source threshold for the PAL pollutant in subdivision a (1) of the definition of “major stationary

source” in 9 VAC5

- 80

- 2010 C.

"Major modification"

a. Means any physical change in or change in the method of operatio n 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 a ny emissions units or net emissions increase at a major stationary source that is 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 foll owing:

(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 prohibi ted 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 ; and

(c) The owner demonstrates to the board that as a

result of trial burns at the source or other sources or other sufficient data that theCOMMONWEALTH OF VIRGINIA PAGE 14 of 70

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emissions resulting from the use of the alternative fuel or raw material supply are

decreased

.

(6) An increas e 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 o wnership 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) Ot her requirements necessary to attain and maintain the ambient air quality standards during the project and after 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 complying with the requirements unde r 9 VAC5

- 80

- 1865 for a PAL for that pollutant. Instead, the d efinition 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 (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) 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 (9 VAC5

- 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"COMMONWEALTH OF VIRGINIA PAGE 15 of 70

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a. Means:

(1) Any of the following stationary sources of air pollutants that emits, o r has the potential to emit, 100 tons per year or more of a 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 capab le 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).COMMONWEALTH OF VIRGINIA PAGE 16 of 70

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(s) Primary lead smelters.

(t) Fuel conversion plants.

(u) Sintering plants.

(v) Secondary metal production plants.

(w ) Chemical process plants.

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

(y) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barr els.

(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 definition, any stationary source tha t 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 s tationary 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 sh all 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.COMMONWEALTH OF VIRGINIA PAGE 17 of 70

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(4) Primary zinc smelters.

(5) Iron and steel mills.

(6) Primary aluminum ore reduction plants.

(7) Primary copper smelters.

(8) Municipal incinerators capable of charging mo re 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.

(21) Fossil

- fuel boilers (o r combination thereof) totaling more than 250 million British thermal 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.COMMONWEALTH OF VIRGINIA PAGE 18 of 70

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(24) Gla ss 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, 198 0, 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 progra m (i) for new stationary sources or modifications (physical changes or changes in the method of operation) which do not qualify for are not subject

to review under the major new source review program, (ii) established to implement the requirements of §§ 11 0 (a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9 VAC5

- 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 emis sions from a particular physical change or change in the method of operation at a stationary sou rce as calculated pursuant to 9 VAC5

- 80

- 1605 G; and

(2) Any other increases and decreases in actual emissions at the major stationary source that are contem poraneous 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 subdiv isions a (3) and b (4) of that definition shall not apply.

b. An increase or decrease 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 particularCOMMONWEALTH OF VIRGINIA PAGE 19 of 70

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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 particula r 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 emissions is creditable only to the extent

that the new level of actual emissions exceeds the old level.

f. A de crease 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 m atter at and after the time that actual construction on the particular change begins; 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 aft er 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 n ew source review program.COMMONWEALTH OF VIRGINIA PAGE 20 of 70

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"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 req uirements 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 associa ted regulations, and (iii) codified in Article 6 (9 VAC5

- 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 emissi on 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 t he 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 wit h 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 c auses it to emit the PAL pollutant at a level equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the minor NSR permit, the state operating permit , or the federal operating permit issued by the board that

establishes a PAL for a m ajor 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 desi gn. 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 t reated 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, orCOMMONWEALTH OF VIRGINIA PAGE 21 of 70

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processed, shall be treated a s 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 m onitor 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 change 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

th e 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, th e 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 implementa tion plan; and

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

c. Shall exclude, in calculating any increase in emissions that results from the particular proje ct, 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 generatingCOMMONWEALTH OF VIRGINIA PAGE 22 of 70

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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 Cle an 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 re moval 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 burners prior to the time of commencement of operations following reactivation; and

d. Is otherwise i n 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 reasonab ly 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 t he administrator (e.g., volatile organic compounds are precursors for ozone);

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

un der or established by Title VI of the federal Clean Air Act; or

d. 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 Ac t 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 u nder § 108 of the federal Clean Air Act.

"Repowering" means:COMMONWEALTH OF VIRGINIA PAGE 23 of 70

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a. Replacement of an existing coal

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

coal

- fired 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 te chnology 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 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 modification itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect the same general a rea 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 oper ation 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:

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 10 0 tons per year (tpy) Nitrogen Oxides 40 tpy
Sulfur Dioxide 40 tpy Particulate Matter (TSP) 25 tpy

PM 10 15 tpyCOMMONWEALTH OF VIRGINIA PAGE 24 of 70

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PM 2.5 10 tpy
Ozone 40 tpy of volatile organic compounds

Lead 0.6 tpy

Fluorides 3 tpy
Sulfuric Ac id 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

- di oxins 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 50 tpy (measured as nonmethane organic compounds)

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 not list, any emissions rate.

c. Notwithstanding subd ivision 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 g reater 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 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, thoseCOMMONWEALTH OF VIRGINIA PAGE 25 of 70

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requi rements de veloped pursuant to 9 VAC5

- 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 th e EPA and public comment prior to issuance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9 VAC5

- 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.

9 VAC5

- 80

- 1625. General.

A. No owner or other person shall begin actual construction of any new major stationary source or major modification without first obtaining from the board a permit to construct and operate such source. The permit will state that the major stationary source or major modification shall meet all the applicable requirements of this article.

B . The requirements of this article apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this article otherwise provides.

C. No owner or other person shall relocate any e missions unit from one stationary source to another without first obtaining a permit from the board to relocate

the unit.

D. Prior to the decision of the board, all permit applications will be subject to a public comment period, a public hearin g will be held as provided in 9 VAC5

- 80

- 1775.

E. If the board and the owner make a mutual determination that it facilitates the efficient processing and issuing of permits for projects that are to be constructed concurrently, the board may combine the requirements of and the permits for emissionsCOMMONWEALTH OF VIRGINIA PAGE 26 of 70

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units within a stationary source subject to the major new source review program into one permit. Likewise the board may require that applications for permits for emissions units within a stationary source required by any pr ovision of the major new source review program be combined into one application The board will take actions to combine permit terms and conditions as provided in 9 VAC5

- 80

- 1915

. Actions to combine permit terms and conditions involve relocating the terms and conditions contained in two or more permits issued to single stationary source to a single permit

document. Actions to combine permit terms and conditions in and of themselves are not a mechanism for making changes to permits; such actions shall be taken under 9 VAC5

- 80

- 1925 as explained in subsection F of this section

.

F. The board may not incorporate the terms and conditions of a state operating permit, a minor new source review permit, or a PAL permit into a permit issued pursuant to this article The b oard will take actions to make changes to permit terms and conditions as provided in 9 VAC5

- 80

- 1925

. Nothing in this subsection is intended to imply that once an action has been taken to make a change to a permit, the resulting permit change may not be comb ined with other terms and conditions in a single permit document as provided in subsection E of this section

.

G. All terms and conditions of any permit issued under this article shall be federally enforceable except those that are designated state

- only e nforceable under

subdivision 1 of this subsection. Any term or condition that is not federally enforceable shall be designated as state

- only enforceable as provided in subdivision 2 of this

subsection.

1. A term or condition of any permit issued under t his article shall not be federally enforceable if it is derived from or is des igned to implement Article 2 (9 VAC5

- 40

- 130 et seq.) of 9VAC5 Chapter 40 9VAC5

- 40 (Existing Stationary Sources) , Article 2 (9VAC5

- 50

- 130 et seq.) of 9VAC5 Chapter 50 9VAC5

- 50 (New and Modified Stationary Sources) , Article 4 (9VAC5

- 60

- 200 et seq.) of 9VAC5 Chapter 60 9VAC5

- 60 (Hazardous Air Pollutant Sources) , or Article 5 (9VAC5

- 60

- 300) of 9VAC5 Chapter 60

9VAC5

- 60 (Hazardous Air Pollutant Sources)

.

2. Any term or condition of a ny permit issued under this article that is not federally enforceable shall be marked in the permit as state

- only enforceable and shall only be enforceable by the board. Incorrectly designating a term or condition as state

only enforceable shall not provid e a shield from federal enforcement of a term or condition that is legally federally enforceable.

H. Nothing in the regulations of the board shall be construed to prevent the board from granting permits for programs of construction or modification in pla nned incremental phases. In such cases, all net emissions increases from all emissions units covered by the program shall be added together for determining the applicability of this

article.COMMONWEALTH OF VIRGINIA PAGE 27 of 70

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9 VAC5

- 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

calculat ing 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 capable of charging more than 250 tons of refuse per day.

i. Hydrofluoric acid plants.

j. Sulfur ic 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.COMMONWEALTH OF VIRGINIA PAGE 28 of 70

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q. Carbon black plants (furnace process).

r. Primary lea d smelters.

s. Fuel conversion plants.

t. Sintering plants.

u. Secondary metal production plants.

v. Chemical process plants.

w. Fossil

- fuel boilers (or combination thereof) 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 stea m 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; and

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

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 pro posed new location and the probable duration of operation at the newCOMMONWEALTH OF VIRGINIA PAGE 29 of 70

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location. Such notice shall be given to the board not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the

board.

B. Th e 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 d esignated as

no nattainment in 9 VAC5

- 20

- 204.

C. The requirements of 9VAC 5

- 80

- 1715, 9 VAC5

- 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 fr om 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 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 eac h 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 9VAC 5

- 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 th an 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

Sulfur dioxide

- 13 μg/m 3 , 24

- hour average

Ozone*COMMONWEALTH OF VIRGINIA PAGE 30 of 70

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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 le vel is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air quality data.

2. The c oncentrations 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 o f 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:

1. The owner demonstrates to the board that, as a result of trial burns at

the own er’s facility or other facilities or other sufficient data, the emissions resulting 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,

proces sed 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 modificati on.

9 VAC5

- 80

- 1915. Actions to combine permit terms and conditions

.

A. General requirements for actions to combine permit terms and conditions are

as follows:

1. Except as provided in subdivision 3 of this subsection, the board may

take actions to com bine permit terms and conditions as provided under subsections B through E of this section.

2. Requests to combine permit terms and conditions may be initiated by the permittee or by the board.COMMONWEALTH OF VIRGINIA PAGE 31 of 70

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3. Under no circumstances may an action to combine permi t terms and conditions be used for any of the following:

a. To combine the terms and conditions of (i) a f ederal operating permit, (ii) a PAL permit, or (iii) any permit that is or will be part of the implementation plan.

b. To take an action to is sue a permit or change a permit for the fabrication, erection, installation, demolition, relocation, addition, replacement or modification of an emissions unit that would result in a change in emissions which would otherwise (i) be subject to review under this article or (ii) require a permit or permit amendment under the new source review program.

c. To allow any stationary source or emissions unit to violate any federal requirement.

d. To take an action to issue a permit or change a permit for any physical change in or change in the method of operation of a major stationary source

that is s ubject to the provisions in 9 VAC5

- 80

- 1605 C (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicabili ty of the major NSR program).

B. The board may take actions to combine the terms and conditions of state operating permits and new source review permits, along with any changes to state operating permits and new source review permits.

C. If the board a nd the owner make a mutual determination that it facilitates improved compliance or the efficient processing and issuing of permits, the board may take an action to combine the terms and conditions of permits for emissions units within a stationary source into one or more permits. Likewise the board may require that applications for permits for emissions units within a stationary source required by any permit program be combined into one application.

D. Actions to combine the terms and conditions of permi ts are subject to the following conditions:

1. Each term or condition in the combined permit shall be accompanied by

a statement that specifies and references the origin (enabling permit program) of, along with the regulatory or any other authority for, the term or condition.

2. Each term or condition in the combined permit shall be accompanied by

a statement that specifies the effective date of the term or condition.COMMONWEALTH OF VIRGINIA PAGE 32 of 70

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3. Each term or condition in the combined permit shall be identified by its origi nal designation (i.e., state

- only enforceable or federally and state enforceable) consistent with the applicable enforceability designation of the term or condition in the contributing permit.

4. Except as provided in subsection E of this section, all t erms and conditions in the contributing permits shall be included in the combined permit without change. The combined permit will supersede the contributing permits, which will no longer be effective.

E. A ctions to make changes to permit terms and condit ions as may be necessary to facilitate actions to combine permit terms and conditions may be accomplished in accordance with the minor amendment procedures (unless specified otherwise in this section) of the enabling permit program (i.e., the permit progra m that is the origin of the term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in accordance with the administrative amendment procedures of the enabling permit

program.

2. If tw o or more terms or conditions apply to the same emissions unit or emissions units and are substantively equivalent, the more restrictive of the duplicate terms or conditions may be retained and the less restrictive one removed, subject to the provisions of subdivision 4 of this subsection.

3. If two or more similar terms or conditions apply to the same emissions unit or emissions units and one is substantively more restrictive than the others, the

more restrictive of the terms or conditions shall be reta ined, regardless of whether the

less restrictive terms or conditions are removed. If the less restrictive of the similar terms or conditions is removed, the provisions of subdivision 4 of this subsection apply.

4. The removal of similar terms or conditi ons from contributing permits is subject to the following conditions:

a. If any one of the terms or conditions removed is federally and state enforceable, the more restrictive term or condition that is retained in the combined permit shall be federally and state enforceable.

b. If any one of the terms or conditions originates in a permit subject to a major NSR program, that major NSR program shall become the effective enabling permit program for the more restrictive term or condition that is retaine d in the combined permit. If more than one major NSR program is the basis for a term or condition, all of the applicable major NSR programs shall be the enabling permit program for that term or condition.COMMONWEALTH OF VIRGINIA PAGE 33 of 70

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c. The regulatory basis for all of the similar terms or conditions that

are removed shall be included in the reference for the term or condition that is retained.

9 VAC5

- 80

- 1925. Changes to Actions to change permits.

A. The general requirements for making actions to make changes to permits

issued und er this article are as follows:

1. Except as provided in subdivision 3 of this subsection, changes to a permit issued under this article shall be made as specified under subsections B and C

of this section and 9VAC5

- 80

- 1935 through 9VAC5

- 80

- 1965.

2. Changes to a permit issued under this article may be initiated by the permittee as specified in subsection B of this section or by the board as specified in
subsection C of this section.

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 1 (9VAC5

- 80

- 50 et seq.) or Article 3 (9VAC5

- 80

- 360 et seq.) of this part shall be made as specified in Article 1 (9VAC5

- 80

- 50 et seq.) or Article 3 (9VAC5

- 80

- 360 et seq.) of this part.

4. Under no circumstances may a p ermit issued under this article be changed in order to (i) incorporate the terms and conditions necessary to implement any provision of the new source review program for a project that qualifies as a modification under the new source review program or (ii) incorporate the terms and conditions necessary to implement any provision of the new source review program for a PAL permit.

B. The requirements for changes initiated by the permittee are as follows:

1. The permittee may initiate a change to a permit by submitting a written request to the board for an administrative permit amendment, a minor permit amendment or a significant permit amendment. The requirements for these permit changes can be found in 9VAC5

- 80

- 1935 through 9VAC5

- 80

- 1955.

2. A request for a change by a permittee shall include a statement of the reason for the proposed change.

C. The board may initiate a change to a permit through the use of permit reopenings as specified in 9VAC5

- 80

- 1965.

9 VAC5

- 80

- 1935. Administrative permit amendme nts.COMMONWEALTH OF VIRGINIA PAGE 34 of 70

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A. Administrative permit amendments shall be required used for and limited to the following:

1. Correction of typographical or any other error, defect or irregularity which does not substantially affect the permit.

2. Identification of a chang e in the name, address, or phone number of any person identified in the permit, or of a similar minor administrative change at the

source.

3. Change in ownership or operational control of a source where the board determines that no other change in the p ermit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the board and the requirements of 9VAC5

- 80

- 2170 have been fulfilled.

B. The administrative permit amendment procedures are as follows:

1. The board will normally take final action on a request for an administrative permit amendment no more than 60 days from receipt of the request.

2. The board will incorporate the changes without providing notice to the public under 9VAC5

- 80

- 1775. However, any such permit revisions shall be designated in the permit amendment as having been made pursuant to this section.

3. The owner may implement the changes addre ssed in the request for an administrative amendment immediately upon submittal of the request.

9 VAC5

- 80

- 1945. Minor permit amendments.

A. Minor permit amendment procedures shall be used only for those permit amendments that meet all of the following cri teria:

1. Do not violate any applicable federal requirement.

2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or record keeping requirements.

3. Do not require or change a case

- by

- case determination of an emission

emissions limitation or other standard req uirement

.

4. Do not seek to establish or change a permit term or condition (i) forCOMMONWEALTH OF VIRGINIA PAGE 35 of 70

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which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which t he source would otherwise be subject. Such terms and conditions include, but are not limited to, an emissions cap assumed to avoid classification as a modification under the new source review program.

5. Are not required to be processed as a significant amendment under

9 VAC5

- 80

- 1955; or as an administrative permit amendment under 9VAC5

- 80

- 1935.

B. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for permit amendments that meet any of the following criteria:

1. Involve the use of economic incentives, emissions trading, and other similar approaches, to the extent that such minor permit amendment procedures are explicitly provided for in a regulation of the board or a federally

- approved program.

2. Require n ew or more frequent monitoring or reporting by the permittee.

3. Designate any term or permit condition that meets the criteria in
9VAC5

- 80

- 1625 G 1 as state

- only enforceable as provided in 9VAC5

- 80

- 1625 G 2 for any permit issued under this article or a ny regulation from which this article is derived.

C. Minor permit amendment procedures may be used for permit amendments involving the rescission of a provision of a permit if the board and the owner make a mutual determination that the provision is resc inded because all of the underlying statutory or regulatory requirements (i) upon which the provision is based or (ii) that necessitated inclusion of the provision are no longer applicable. In order for the underlying statutory or regulatory requirements t o be considered no longer applicable, the provision of the permit that is being rescinded must not cover a regulated NSR pollutant.

D. A request for the use of minor permit amendment procedures shall include all of the following:

1. A a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs

. , along with a

2. A request that such procedures be used. The applicant may, at the applicant’s discretion, includ e a suggested proposed permit amendment.

E. The public participation requirements of 9 VAC5

- 80

- 1775 shall not extend to minor permit amendments.COMMONWEALTH OF VIRGINIA PAGE 36 of 70

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F. Normally within 90 days of receipt by the board of a complete request under minor permit amendment proced ures, the board will do one of the following:

1. Issue the permit amendment as proposed.

2. Deny the permit amendment request.

3. Determine that the requested amendment does not meet the minor permit amendment criteria and should be reviewed under the significant amendment procedures.

G. The requirements for making changes are as follows:

1. The owner may make the change proposed in the minor permit amendment request immediately after the request is filed.

2. After the change under subdivis ion 1 of this subsection is made, and until the board takes any of the actions specified in subsection F of this section, the source shall comply with both the applicable regulatory requirements governing the change and the proposed permit terms and condit ions amendment

.

3. During the time period specified in subdivision 2 of this subsection, the owner need not comply with the existing permit terms and conditions the owner seeks to modify if the applicant has submitted a proposed permit amendment

. Howeve r, if the owner fails to comply with the proposed permit terms and conditions during this time period, the existing permit terms and conditions the owner seeks to modify may be enforced against the owner.

9 VAC5

- 80

- 1955. Significant amendment procedures.

A. The criteria for use of significant amendment procedures are as follows:

1. Significant amendment procedures shall be used for requesting permit amendments that do not qualify as minor permit amendments under 9VAC5

- 80

- 1945 or

as administrative amend ments under 9VAC5

- 80

- 1935.

2. Significant amendment procedures shall be used for those permit amendments that meet any of the following criteria:

a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements that wo uld make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or record keeping requirements.COMMONWEALTH OF VIRGINIA PAGE 37 of 70

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b. Require or change a case

- by

- cas e determination of an emission

emissions limitation or other standard requirement

.

c. Seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii)

that the source h as assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, an emissions cap assumed to avoid classification as a modification under the

new source revi ew program.

B. A request for a significant permit amendment shall include a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs. The applicant may, at his the applicant’s discretion, include a suggested draft permit amendment.

C. The provisions of 9VAC5

- 80

- 1775 shall apply to requests made under this

section.

D. The board will normally take final action on significant permit amendments within 90 days af ter receipt of a complete request. If a public comment period is required, processing time for a permit amendment is normally 180 days following receipt of a complete application. The board may extend this time period if additional information is required or if a public hearing is conducted under 9VAC5

- 80

- 1775.

E. The owner shall not make the change applied for in the significant amendment request until the amendment is approved by the board under subsection D

of this section.

9VAC5

- 80

- 1965. Reopening fo r cause.

A. A permit may be reopened and amended under any of the following

situations:

1. Additional regulatory requirements become applicable to the emissions units covered by the permit after a permit is issued but prior to commencement of

construc tion.

2. The board determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

3. The board determines that the permit must be amen ded to assure compliance with the applicable regulatory requirements or that the terms and conditions of the permit are not sufficient to meet all of the standards and requirements containedCOMMONWEALTH OF VIRGINIA PAGE 38 of 70

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in this article.

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

C. Reopenings shall not be initiated befo re a notice of such intent is provided to the source by the board at least 30 days in advance of the date that the permit is to be reopened, except that the board may provide a shorter time period in the case of an

emergency.COMMONWEALTH OF VIRGINIA PAGE 39 of 70

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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 the m in 9VAC5 Chapter 10 (9VAC5

- 10

- 10 et seq.) 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 o f this section.

C. Terms 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 shal l not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under
9VAC5

- 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 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 n ormal 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 un its at the source, that emit or have the potential to emit the PAL pollutant.

"Administrator" means the administrator of the U.S. EnvironmentalCOMMONWEALTH OF VIRGINIA PAGE 40 of 70

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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 followin g:

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

enforceabl e 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 pot ential 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 thr ough 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 an y 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 perform ance 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 a nd 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.COMMONWEALTH OF VIRGINIA PAGE 41 of 70

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f. Any requirement concerning acci dent 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 com mercial 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 ou ter 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 co ntained 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 the following:

a. For any existing electric utility steam g enerating unit, baseline 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 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 quant ifiable, 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 leg ally enforceable during the consecutive 24

- month period.COMMONWEALTH OF VIRGINIA PAGE 42 of 70

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(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 emissio ns 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 o r 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 adjusti ng 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 selected 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 rec eived 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 representative of normal source operation.

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

malfunc tions.

(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 a verage 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 peri od. 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 su ch emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 9VAC5

- 80

- 2120 K.COMMONWEALTH OF VIRGINIA PAGE 43 of 70

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

- month period s hall 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 t hat 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 informat ion 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 i ncrease 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

emissi ons shall be calculated 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 wh ich 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 opera tion, this term refers to those on

- site activities other than preparatory 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 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 c osts, 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 poll utant. 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 emissionsCOMMONWEALTH OF VIRGINIA PAGE 44 of 70

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unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be

pre scribed 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

ope ration, and shall provide for compliance by means which 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" (see 9VAC5

- 20

- 21).

"Clean coal technology" means any technology, including technologies applied at the precombustion, co mbustion, 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 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 commerc ial demonstration of clean coal technology, or similar projects funded through appropriations for the U.S. EPA. The federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.

"Commence," as applied to construction of a major stationary 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 o f 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 s ource, to be completed within a

reasonable time.

"Complete application" means 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 b een met. Designating an application complete for purposes of permit processing does not preclude the boardCOMMONWEALTH OF VIRGINIA PAGE 45 of 70

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from requesting or accepting additional information.

"Construction" means any physical change or change in the method of operation (including fabr ication, erection, 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 acquis ition and availability requirements of this section, 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 thi s section, 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

p arameter 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 mega watt 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 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 u nit. 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 containsCOMMONWEALTH OF VIRGINIA PAGE 46 of 70

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emission limitations that are enforceable by the board or the department and meet the

followin g 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 annual li mits 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.

"Federa l 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 administrator and citizens u nder 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 s tandards, 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 Ac t, 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 prov isions 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.COMMONWEALTH OF VIRGINIA PAGE 47 of 70

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e. Limitations and conditions (unless expressly de signated 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 expr essly 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 o ther 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 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 per manent, 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.

"Fed eral operating permit" means a permit issued under the federal operating permit program.COMMONWEALTH OF VIRGINIA PAGE 48 of 70

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“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 pa rt.

"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 emission s 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 l imitations 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 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 stan dard 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 cha nge 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 sig nificant 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.COMMONWEALTH OF VIRGINIA PAGE 49 of 70

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c. A physical change or change in the method of operatio n 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 an y 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 which 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 ; and

(c) The owner demonstrates to the board that as a

result of trial burns at the source or other sources or other sufficient data that the emissions resulting from the use of the alternative fuel or raw material supply ar e decreased

.

(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

th is 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 i mplementation plan, andCOMMONWEALTH OF VIRGINIA PAGE 50 of 70

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(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 majo r 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 operation), (ii) estab lished 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 pa rt.

"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 comp ounds 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 t ons 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 so urce 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:COMMONWEALTH OF VIRGINIA PAGE 51 of 70

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(1) Coal cleaning plants (with thermal dryer s).

(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 combination s 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 p lants.COMMONWEALTH OF VIRGINIA PAGE 52 of 70

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(22) Chemical process plants.

(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 exceedin g 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.

(29) 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 r eview (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 do not qualify for are not subject to review under the major new sour ce 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 appro vals 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 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 andCOMMONWEALTH OF VIRGINIA PAGE 53 of 70

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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 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 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 from the particular change occurs.

c. An increa se 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 ne w 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 r elied 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 chan ge.

f. An increase that results from a physical change at a sourceCOMMONWEALTH OF VIRGINIA PAGE 54 of 70

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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 operati onal 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” me ans 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) e stablished 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 fe deral 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 so urce review (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) established to implement the requirements of § 173 of th e 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 poll utant 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
9VAC5

- 80

- 2144.COMMONWEALTH OF VIRGINIA PAGE 55 of 70

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"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 effe ctive 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 t o emit the PAL pollutant at a level equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the minor NSR permit, the state operating permit , or the federal operating permit issued by the board that establishes a PAL for a major stati onary 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 ph ysical 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 physi cal 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 par t 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 p rocess 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 exam ple, 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) establishedCOMMONWEALTH OF VIRGINIA PAGE 56 of 70

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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 th e 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; and

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

c. Exclude, in ca lculating 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 e missions 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 reductionsCOMMONWEALTH OF VIRGINIA PAGE 57 of 70

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in emissions of a given air pollutant (including substantial reductio ns 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 specif ied 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 a ir quality standard has been promulgated; or

c. Any pollutant that is a constituent or precursor of a general pollutant listed under subdivisions a and b of this definition, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant.

"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 sourc e 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 em issions 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 inclu de 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 reference to a net emissions increase or the potential of a source to emit any of t he 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
Ozone 25 tpy of volatile organicCOMMONWEALTH OF VIRGINIA PAGE 58 of 70

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compounds

Lead 0.6 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
Ozone 40 tpy of volatile organic compounds

Lead 0.6 tpy

"Significant emissions inc rease" 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 equal to or g reater 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 amou nt 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 issuance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9VAC5

- 80

- 800 et seq.) of this part.COMMONWEALTH OF VIRGINIA PAGE 59 of 70

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

"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

re quirements 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.

9 VAC5

- 80

- 2020. General.

A. No owne r or other person shall begin actual construction or modification of any new major stationary source or major modification without first obtaining from the board a permit to construct and operate such source. The permit will state that the major stationary source or major modification shall meet all the applicable requirements

of this article.

B. No owner or other person shall relocate any emissions unit from one stationary source to another without first obtaining from the board a permit to relocate

the unit.

C. If the board and the owner make a mutual determination that it facilitates the efficient processing and issuing of permits for projects that are to be constructed concurrently, the board may combine the requirements of and the permits for emissi ons units within a stationary source subject to the major new source review program into one permit. Likewise the board may require that applications for permits for emissions units within a stationary source required by any provision of the major new sour ce review program be combined into one application The board will take actions to combine permit terms and conditions as provided in 9VAC5

- 80

- 2195. Actions to combine permit terms and conditions involve relocating the terms and conditions

contained in two or more permits issued to single stationary source to a single permit

document. Actions to combine permit terms and conditions in and of themselves are not a mechanism for making changes to permits; such actions shall be taken under 9VAC5

- 80

- 2200 as explai ned in subsection D of this section

.

D. The board may not incorporate the terms and conditions of a state operating permit, a minor new source review permit, or a PAL permit into a permit issuedCOMMONWEALTH OF VIRGINIA PAGE 60 of 70

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pursuant to this article The board will take actions to mak e changes to permit terms and conditions as provided in 9VAC5

- 80

- 2200. Nothing in this subsection is intended to imply that once an action has been taken to make a change to a permit, the resulting permit change may not be combined with other terms and con ditions in a single permit document as provided in subsection C of this section

.

E. All terms and conditions of any permit issued under this article shall be federally enforceable except those that are designated state

- only enforceable under

subdivision 1 of this subsection. Any term or condition that is not federally enforceable shall be designated as state

- only enforceable as provided in subdivision 2 of this

subsection.

1. A term or condition of any permit issued under this article shall not be

fede rally enforceable if it is derived from or is designed to implement Article 2 (9VAC5

- 40

- 130 et seq.) of 9VAC5 Chapter 40 9VAC5

- 40 (Existing Stationary Sources)

, Article 2 (9VAC5

- 50

- 130 et seq.) of 9VAC5 Chapter 50 9VAC5

- 50 (New and Modified Stationary Sour ces) , Article 4 (9VAC5

- 60

- 200 et seq.) of 9VAC5 Chapter 60 9VAC5

- 60 (Hazardous Air Pollutant Sources) , or Article 5 (9VAC5

- 60

- 300) of 9VAC5 Chapter 60

9VAC5

- 60 (Hazardous Air Pollutant Sources)

.

2. Any term or condition of any permit issued under this a rticle that is not federally enforceable shall be marked in the permit as state

- only enforceable and shall only be enforceable by the board. Incorrectly designating a term or condition as state

only enforceable shall not provide a shield from federal enfor cement of a term or condition that is legally federally enforceable.

F. Nothing in the regulations of the board shall be construed to prevent the board from granting permits for programs of construction or modification in planned incremental phases. In s uch cases, all net emissions increases from all emissions units covered by the program shall be added together for determining the applicability of this

article.

9VAC5

- 80

- 2140. Exception Exemption s

.

A. The provisions of this article do not apply to a so urce or modification that 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 source or modification and the source does not belong to a ny of the following categories:

1. Coal cleaning plants (with thermal dryers);

2. Kraft pulp mills;

3. Portland cement plants;COMMONWEALTH OF VIRGINIA PAGE 61 of 70

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4. Primary zinc smelters;

5. Iron and steel mills;

6. Primary aluminum ore reduction plants;

7. Primary copp er smelters;

8. Municipal incinerators 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 ro ck 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;

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 capacityCOMMONWEALTH OF VIRGINIA PAGE 62 of 70

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exceeding 300,000 barrels ;

25. Taconite ore processing plants;

26. Glass fiber processing plants;

27. Charcoal production plants;

28. Fossil fuel

- fired steam electric plants of more than 250 million British thermal units per hour heat input; and

29. Any other statio nary source category which, as of August 7, 1980, is being regulated under 40 CFR Part 60, 61, or 63.

B. 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 materi al 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 resulting

from the use of the alternative fuel or raw mat erial 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

- 2195 . Actions to combine permit terms and conditions

.

A. General requirements for actions to combine permit terms a nd conditions are

as follows:

1. Except as provided in subdivision 3 of this subsection, the board may take actions to combine permit terms and conditions as provided under subsections B through E of this section.

2. Requests to combine permit terms and conditions may be initiated by the permittee or by the board.

3. Under no circumstances may an action to combine permit terms and conditions be used for any of the following:

a. To combine the terms and conditions of (i) a f ederal operatingCOMMONWEALTH OF VIRGINIA PAGE 63 of 70

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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

perm it, (ii) a PAL permit, or (iii) any permit that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit for the fabrication, erection, installation, demolition, relocation, addition, replacement or

modif ication of an emissions unit that would result in a change in emissions which would otherwise (i) be subject to review under this article or (ii) require a permit or permit amendment under the new source review program.

c. To allow any stationary sourc e or emissions unit to violate any federal requirement.

d. To take an action to issue a permit or change a permit for any physical change in or change in the method of operation of a major stationary source that is subject to the provisions in 9VAC5

- 80

- 2000 D (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program).

B. The board may take actions to combine the terms and conditions of state operating permits and ne w source review permits, along with any changes to state operating permits and new source review permits.

C. If the board and the owner make a mutual determination that it facilitates improved compliance or the efficient processing and issuing of permits , the board may take an action to combine the terms and conditions of permits for emissions units within a stationary source into one or more permits. Likewise the board may require that applications for permits for emissions units within a stationary sour ce required by any permit program be combined into one application.

D. Actions to combine the terms and conditions of permits are subject to the following conditions:

1. Each term or condition in the combined permit shall be accompanied by

a statement which specifies and references the origin (enabling permit program) of, along with the regulatory or any other authority for, the term or condition.

2. Each term or condition in the combined permit shall be accompanied by a statement which specifies th e effective date of the term or condition.

3. Each term or condition in the combined permit shall be identified by its original designation (i.e., state

- only enforceable or federally and state enforceable) consistent with the applicable enforceability d esignation of the term or condition in the contributing permit.COMMONWEALTH OF VIRGINIA PAGE 64 of 70

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4. Except as provided in subsection E of this section, all terms and conditions in the contributing permits shall be included in the combined permit without change. The combined permit will supersede the contributing permits, which will no longer be effective.

E. A ctions to make changes to permit terms and conditions as may be necessary to facilitate actions to combine permit terms and conditions may be accomplished in

accordance with the minor amendment procedures (unless specified otherwise in this section) of the enabling permit program (i.e., the permit program that is the origin of the term or condition), subject to the following conditions:

1. Updates to regulatory or other authori ties may be accomplished in accordance with the administrative amendment procedures of the enabling permit

program.

2. If two or more terms or conditions apply to the same emissions unit or emissions units and are substantively equivalent, the more rest rictive of the duplicate terms or conditions may be retained and the less restrictive one removed, subject to the provisions of subdivision 4 of this subsection.

3. If two or more similar terms or conditions apply to the same emissions

unit or emissions units and one is substantively more restrictive than the others, the more restrictive of the terms or conditions shall be retained, regardless of whether the

less restrictive terms or conditions are removed. If the less restrictive of the similar

terms or conditions is removed, the provisions of subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from contributing permits is subject to the following conditions:

a. If any one of the terms or conditions removed is fed erally and state enforceable, the more restrictive term or condition that is retained in the combined permit shall be federally and state enforceable.

b. If any one of the terms or conditions originates in a permit subject to a major NSR program, that major NSR program shall become the effective enabling permit program for the more restrictive term or condition that is retained in the combined permit. If more than one major NSR program is the basis for a term or condition, all of the applicable major NS R programs shall be the enabling permit program for that term or condition.

c. The regulatory basis for all of the similar terms or conditions that

are removed shall be included in the reference for the term or condition that is retained.

9VAC5

- 80

- 220 0. Changes to Actions to change permits.COMMONWEALTH OF VIRGINIA PAGE 65 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

A. The general requirements for making actions to make changes to permits

issued under this article are as follows:

1. Except as provided in subdivision 3 of this subsection, changes to a permit issued under th is article shall be made as specified under subsections B and C

of this section and 9VAC5

- 80

- 2210 through 9VAC5

- 80

- 2240.

2. Changes to a permit issued under this article may be initiated by the permittee as specified in subsection B of this section or b y the board as specified in
subsection C of this section.

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 1 (9VAC5

- 80

- 50 et seq.) or Article 3 (9VAC5

- 80

- 360 et seq.) of this part shall be made as spec ified in Article 1 (9VAC5

- 80

- 50 et seq.) or Article 3 (9VAC5

- 80

- 360 et seq.) of this part.

4. Under no circumstances may a permit issued under this article be changed in order to (i) incorporate the terms and conditions necessary to implement any provis ion of the new source review program for a project that qualifies as a modification under the new source review program or (ii) incorporate the terms and conditions necessary to implement any provision of the new source review program for a PAL permit.

B . The requirements for changes initiated by the permittee are as follows:

1. The permittee may initiate a change to a permit by submitting a written request to the board for an administrative permit amendment, a minor permit amendment or a significant p ermit amendment. The requirements for these permit changes can be found in 9VAC5

- 80

- 2210 through 9VAC5

- 80

- 2230.

2. A request for a change by a permittee shall include a statement of the reason for the proposed change.

C. The board may initiate a chang e to a permit through the use of permit reopenings as specified in 9VAC5

- 80

- 2240.

9VAC5

- 80

- 2210. Administrative permit amendments.

A. Administrative permit amendments shall be required used for and limited to the following:

1. Correction of typograph ical or any other error, defect or irregularity that does not substantially affect the permit.COMMONWEALTH OF VIRGINIA PAGE 66 of 70

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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

2. Identification of a change in the name, address, or phone number of any person identified in the permit, or of a similar minor administrative change at the

source.

3. Change in ownership or operational control of a source where the board determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility,

coverage, and liability between the current and new permittee has been submitted to the board and the requirements of 9VAC5

- 80

- 2170 have been fulfilled.

B. The administrative permit amendment procedures are as follows:

1. The board will normally take final acti on on a request for an administrative permit amendment no more than 60 days from receipt of the request.

2. The board will incorporate the changes without providing notice to the public under 9VAC5

- 80

- 2070. However, any such permit revisions shall be de signated in the permit amendment as having been made pursuant to this section.

3. The owner may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

9VAC5

- 80

- 2220. Minor permit amendm ents.

A. Minor permit amendment procedures shall be used only for those permit amendments that meet all of the following criteria:

1. Do not violate any applicable federal requirement.

2. Do not involve significant changes to existing monitoring, r eporting, or record keeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or record keeping requ irements.

3. Do not require or change a case

- by

- case determination of an emission

emissions limitation or other standard requirement

.

4. Do not seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, an emissions cap assumed to avoi d classification as a modification under the new source review program.COMMONWEALTH OF VIRGINIA PAGE 67 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

5. Are not required to be processed as a significant amendment under
9VAC5

- 80

- 2230; or as an administrative permit amendment under 9VAC5

- 80

- 2210.

B. Notwithstanding subsection A o f this section, minor permit amendment procedures may be used for permit amendments that meet any of the following criteria:

1. Involve the use of economic incentives, emissions trading, and other similar approaches, to the extent that such minor permit amendment procedures are explicitly provided for in a regulation of the board or a federally

- approved program.

2. Require new or more frequent monitoring or reporting by the permittee.

3. Designate any term or permit condition that meets the criteri a in
9VAC5

- 80

- 2020 E 1 as state

- only enforceable as provided in 9VAC5

- 80

- 2020 E 2 for any permit issued under this article or any regulation from which this article is derived.

C. Minor permit amendment procedures may be used for permit amendments

involv ing the rescission of a provision of a permit if the board and the owner make a mutual determination that the provision is rescinded because all of the underlying statutory or regulatory requirements (i) upon which the provision is based or (ii) that

neces sitated inclusion of the provision are no longer applicable. In order for the underlying statutory and regulatory requirements to be considered no longer applicable, the provision of the permit that is being rescinded must not cover a regulated NSR polluta nt.

D. A request for the use of minor permit amendment procedures shall include all of the following:

1. A a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the chan ge occurs

. , along with a

2. A request that such procedures be used. The applicant may, at the applicant’s discretion, include a suggested proposed permit amendment.

E. The public participation requirements of 9VAC5

- 80

- 2070 shall not extend to minor p ermit amendments.

F. Normally within 90 days of receipt by the board of a complete request under minor permit amendment procedures, the board will do one of the following:

1. Issue the permit amendment as proposed.COMMONWEALTH OF VIRGINIA PAGE 68 of 70

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2. Deny the permit amendment requ est.

3. Determine that the requested amendment does not meet the minor permit amendment criteria and should be reviewed under the significant amendment procedures.

G. The requirements for making changes are as follows:

1. The owner may make the cha nge proposed in the minor permit amendment request immediately after the request is filed.

2. After the change under subdivision 1 of this subsection is made, and until the board takes any of the actions specified in subsection F of this section, the

so urce shall comply with both the applicable regulatory requirements governing the change and the proposed permit terms and conditions amendment

.

3. During the time period specified in subdivision 2 of this subsection, the owner need not comply with the e xisting permit terms and conditions the owner seeks to modify if the applicant has submitted a proposed permit amendment

. However, if the owner fails to comply with the proposed permit terms and conditions during this time period, the existing permit terms and conditions the owner seeks to modify may be enforced against the owner.

9VAC5

- 80

- 2230. Significant amendment procedures.

A. The criteria for use of significant amendment procedures are as follows:

1. Significant amendment procedures shall be use d for requesting permit amendments that do not qualify as minor permit amendments under 9VAC5

- 80

- 2220 or
as administrative amendments under 9VAC5

- 80

- 2210.

2. Significant amendment procedures shall be used for those permit amendments that meet any one of the following criteria:

a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the me thod of demonstrating compliance or a relaxation of reporting or record keeping requirements.

b. Require or change a case

- by

- case determination of an emission

emissions limitation or other standard requirement

.

c. Seek to establish or change a perm it term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii)COMMONWEALTH OF VIRGINIA PAGE 69 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and cond itions include, but are not limited to, an emissions cap assumed to avoid classification as a modification under the new source review program.

B. A request for a significant permit amendment shall include a description of the change, the emissions resul ting from the change, and any new applicable regulatory requirements that will apply if the change occurs. The applicant may, at his the applicant's discretion, include a suggested draft permit amendment.

C. The provisions of 9VAC5

- 80

- 2070 shall apply to requests made under this

section.

D. The board will normally take final action on significant permit amendments within 90 days after receipt of a complete request. If a public comment period is required, processing time for a permit amendment is normall y 180 days following receipt of a complete application. The board may extend this time period if additional information is required or if a public hearing is conducted under 9VAC5

- 80

- 2070.

E. The owner shall not make the change applied for in the signifi cant amendment request until the amendment is approved by the board under subsection D

of this section.

9VAC5

- 80

- 2240. Reopening for cause.

A. A permit may be reopened and amended under any of the following

situations:

1. Additional regulatory requir ements become applicable to the emissions units covered by the permit after a permit is issued but prior to commencement of

construction.

2. The board determines that the permit contains a material mistake or

that inaccurate statements were made in esta blishing the emissions standards or other terms or conditions of the permit.

3. The board determines that the permit must be amended to assure compliance with the applicable regulatory requirements or that the terms and conditions of the permit are not sufficient to meet all of the standards and requirements contained

in this article.

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for

whi ch cause to reopen exists. Such reopening shall be made as expeditiously asCOMMONWEALTH OF VIRGINIA PAGE 70 of 70

STATE AIR POLLUTION CONTROL B OARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

practicable.

C. Reopenings shall not be initiated before a notice of such intent is provided to the source by the board at least 30 days in advance of the date that the permit is to be reopened, except that the board may provide a shorter time period in the case of an

emergency.

TEMPLATES \ NOIRA

\ REG

- PRO

REG \ DEV

\ C 08

- 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 participat ion activities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comm ent period to provide the opportunity to submit written comments concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was hel d from August 4 to September 3, 2010.

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 Washington Examiner (for the National Capital Interstate Air Quality Control Region), along with the location of the proposal for public inspection, on August 4, 2010. The notice included procedures to afford the public the opportunity to request that a hearing be hel d pursuant to 40 CFR 51.102(a); no such request was received. The attached copy of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51. Similar notices were placed in at least one paper of general circulation in each of Virginia's other Air Quality Control Regions.

The Regional Administrator for the U.S. En vironmental 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 Appendi x V of 40 CFR Part 51, the regulation amendments were published in the Virginia Register of Regulations on June 8, 2009 after being duly adopted by the State Air Po llution Control Board on December 15, 2008, certified by the Office of the Attor ney General as within the board’s statutory authority on January 21, 2009 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 accura te copy of the duly adopted regulation on May 19, 2009, providing the evidence requir ed by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As required by Secti on 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual regulation submitted for approval and incorporation by reference intothe Commonwealth of Virginia State Implementation Plan is attached, along with the effective date of July 23, 2009.

TEMPLATES\SIP-REG\REG02-PH

SIP\NONATTN PLANS\2010\C08-SIP-2.DOC

### PROOF OF PUBLICATION

I, Alicia Willis, of The Washington
Examiner, (Virginia Edition) a newspaper in the area of Virginia, published in the English language and located in the Virginia area, and entered in a newspaper of record according tc the Laws and Regulations of the United States of

America for 52 successive Weeks or more prior to the issue of August 4,2010 notice

of:

Air Quality Plan Revision

for DEQ-Air Quality Division

Attached hereto has been published on August 4,2010.

J J**~** '-**~** VIRG CJ**~"** 

### 4 fC**'~""** O]'A RY '"'**~** Ad Number: 695872 """,,,

., .... End Date: August 4,2010

Run Date: August 4,2010

Air Quality Plan Revision DEQ-Air Quality Division

August 4 2010 69!'len

lOIS 15 th Street, NW, Suite 500, Washington, DC 20005

_ 6850 Versar Center Drive 3 rd Floor, Springfield, VA 22151

703.738.0657 phone

- 703.738.0776 fax

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3489 Real Estate Development Costs. The proposed amendments may moderately, but probably not significantly, add to real estate development costs via in creased costs associated with adhesives, sealants, and consumer products.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance w ith § 2.2-4007.04 of the

Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that su ch economic impact analyses include (i) an identification an d estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

_____________________________

1 Data source: Department of Environmental Quality

2 Data source: via Department of Environmental Quality, the Virginia Employment Commission database on April 21, 2008.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

A new chapter (9VAC5-45) is established for the control of volatile organic compound (VOC) emissions from various consumer and commercial products in the Northern Virginia and Fredericksburg VOC Emissions Control Areas. The new chapter consists of two parts. The first part of the new chapter contains general requirements pertaining to all of the types of consumer and commercial products regulated. The second part is composed of articles that contain VOC content and emission standards for individual types of consumer products and contain the control technology, testing, monitoring, administrative, recordkeeping, and reporting requirements necessary to determine compliance with each of the applicable standards. The new chapter includes two articles that control VOC emissions from portable fuel containers and spouts. These articles implement design, performance, and labeling standards for portable fuel container products before and after January 1, 2009, and prohibit owners from manufacturing, distributing, and selling noncompliant products.

The new chapter includes two articles that control VOC emissions from certain types of consumer products. These articles implement VOC content standards for some individual product categories before and after January 1, 2009, and prohibit owners from manufacturing, distributing, advertising, or selling noncompliant products.

The new chapter includes an article for the control of VOC emissions from architectural and industrial maintenance coatings that implements VOC content standards for all such coating products and prohibits owners from manufacturing, distributing, selling, and using noncompliant products.

The new chapter includes an article that controls VOC emissions from adhesives, adhesive primers, sealants, and sealant primers that implements VOC content limits for those products and prohibits owners from manufacturing, distributing, selling, or applying noncompliant products.

Finally, the new chapter includes an article that controls VOC emissions from asphalt paving operations, which prescribes the use of emul sified asphalt coatings except for the purpose of coating residential driveways and prohibits the mixing, storage, and application of noncompliant products.

VA.R. Doc. No. R07-264; Filed May 18, 2009, 11:59 a.m.

Fast-Track Regulation

Title of Regulation: 9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-1615, 9VAC5-80-1625, 9VAC5-80-1695, 9VAC5-80-1925, 9VAC5-80-1935, 9VAC5-80-1945, 9VAC5-80-1955, 9VAC5-80-1965, 9VAC5-80-2010, 9VAC5-80-2020, 9VAC5-80-2140, 9VAC5-80-2200, 9VAC5-80-2210, 9VAC5-80-2220, 9VAC5-80-2230, 9VAC5-80-2240; adding 9VAC5-80- 1915, 9VAC5-80-2195).

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Public Hearing Information: No public hearings are

scheduled.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Effective Date: July 23, 2009.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105,

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3490 Richmond, VA 23218, telephone (804) 698-4103, or email gegraham@deq.virginia.gov.

Basis: Section 10.1-1308 of the Code of Virginia authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health and welfare.

Purpose: The purpose of the regulations is to (i) require the owner of a proposed new or modified facility to provide such information as may be needed to enable the board to conduct 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 and (ii) provide the basis for the board's final action (approval or disapproval) on the permit depending upon the results of the preconstruction review.

The proposed amendments are being made to allow the terms

and conditions of the various elements of the new source review (NSR) program to be combined into a single permit. These amendments will protect the health and welfare of citizens because they will (i) ma ke issuance of NSR permits more effective and efficient, (ii) clarify understanding of the permitting process, (iii) make the permitting process more transparent, and (iv) redirect limited department resources to issues of greater concern to the public.

Rationale for Using Fast-Track Process: Virginia’s NSR program consists of several regulations: two for major NSR (PSD or nonattainment), one for minor NSR, and one for major sources of hazardous air pollutants (HAPs). It is possible that an individual source could simultaneously need permits for the purposes of major NSR, minor NSR, and

HAPs. In the interest of e fficiency, provisions allowing permits to be combined were created to allow owners to have a single application for these pe rmits, and to allow the agency to issue a single permit.

The ability to combine multiple permit elements into a single NSR permit was accepted by EPA when initially established as an element of the NSR pr ogram. Recently, during the public comment period on a state regulatory action developed in response to an EPA major NSR reform initiative, EPA objected to these provisions a nd indicated that the regulations would not be approved into the SIP if combining permits was allowed. Although the department did not concur with the basis for EPA’s objections, these provisions were removed from the major NSR rules in order to ensure approvability of

the SIP.

The inability to combine permits creates significant negative

effects:

1. If major and minor NSR permits cannot be combined, virtually every major NSR change will result in two permits. Generating two different sets of permit terms and conditions results in a significant workload increase. 2. Keeping major NSR and minor NSR terms and conditions separated into two different permits does not preserve any terms and conditions as purely major NSR or

minor NSR terms or conditions.

3. The opportunity for public review and comment is

reduced.

4. Compliance issues result from confusion about where the applicable terms and conditions for a pollutant reside when there is more than one effective permit.

In developing this proposal, EPA was consulted to determine how combining permits could be restored while addressing their concerns. Language acceptable to EPA was developed,and combining permits is now considered to be SIPapprovable by EPA.

The ability to combine permits will be a great benefit to the department, the regulated community, and the public, with EPA’s concurrence. Therefore, no objections to the restoration of the program are anticipated, and the fast-track process is appropriate.

Substance:

1. Provisions have been added to allow the terms and conditions of the various elements of the NSR program to be combined into a single permit.

2. Provisions that specify the NSR programs to be used for the issuance of PAL permits have been revised in order to limit the issuance of these permits via a state operating permit.

3. Provisions that provide certain exemptions related to the use of alternative fuels or raw materials have been updated to comply with recent amendments to § 10.1-1322. 4 of the Code of Virginia and restructured to ensure no conflict with federal law or regulation.

Issues:

1. Public: Advantages to the general public include more effective and efficient issuance of NSR permits, which will contribute to the protection of health and welfare. The general public will also benefit from a clearer understanding of the permitting process, as well as a more transparent process. The regulated community will enjoy the same benefits in addition to the benefits of avoiding unnecessary permitting.

2. Department: The department will benefit by avoiding unnecessary and duplicative permitting efforts, and will be

better able to direct limited re sources in a more effective and efficient manner. Compliance and enforcement activities will also benefit from focus on a single, comprehensive permit rather than many competing permits.

3. There are no disadvantages associated with this action.

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3491 The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Ame ndments to Regulation. The State Air Pollution Control Board (Board) proposes to revise the current new source review (NSR) permit requirements to

combine the terms and conditions of the various elements of the NSR program into a single permit. The proposed changes would add a new section to set out the procedure for combining permits. The proposed changes would also exempt alternative fuels or ra w materials from the permit requirements to conform with new provisions in the Code and

to ensure that there are no conflicts with federal law or regulation. The Department of Environmental Quality (DEQ) worked with the U.S. Environmental Protection Agency (EPA) to develop these provisions.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Virginia’s NSR program consists of several regulations: two for major NSR (prevention of significant deterioration or nonattainment), one for minor NSR, and one for ma jor sources of hazardous air pollutants (HAPs). It is possible that an individual source could simultaneously need permits for the purposes of major NSR, minor NSR, and HAPs. In the interest of efficiency, provisions allowing permits to be combined were created to allow owners to have a single application for these permits, and to allow the agency to issue a single permit.

According to DEQ the ability to combine multiple permit elements into a single NSR permit was accepted by EPA when initially established as an element of the NSR program. Recently, during the public comment period on a state regulatory action developed in response to an EPA major NSR reform initiative, EPA objected to these provisions and indicated that the regulations would not be approved into the State Implementation Plan (SIP) if combining permits was allowed. Although DEQ did not concur with the basis for EPA’s objections, these provisions were removed from the major NSR rules in order to ensure approvability of the SIP.

The inability to combine permits creates significant negative effects. First, if major and minor NSR permits cannot be combined, virtually every major NSR change will result in two permits. Generating two different sets of permit terms and conditions results in a significant workload increase. DEQ estimates that it takes 1000 hours of staff time to review, negotiate, write and issue a prevention of significant deterioration major NSR permit, 667 hours of staff time to review, negotiate, write and issue a nonattainment major NSR permit, and 175 hours of staff time to review, negotiate, write and issue a minor NSR permit. On the other hand combining a prevention of significant deterioration major NSR permit with a minor NSR permit, for example, would only require approximately 1000 hours, saving 175 hours of staff time. Regulated entities also must use significantly more staff time with separate permits.

Second, keeping major NSR and minor NSR terms and conditions separated into two different permits does not preserve any terms and conditions as purely major NSR or minor NSR terms or conditions, prompting confusion. Third, the opportunity for public review and comment is reduced. Fourth, compliance issues result from confusion about where the applicable terms and conditions for a pollutant reside when there is more than one effective permit.

In developing this proposal, DEQ consulted EPA to determine how combining permits could be restored while addressing their concerns. The Board with DEQ assistance developed language acceptable to EPA. Combining permitsas proposed by the Board is now considered to be SIPapprovable by EPA.

The proposal to allow the combination of multiple permit elements into a single NSR permit will be beneficial to the public in that there will be more effective and efficient issuance of NSR permits, which will contribute to the protection of health and welfare. The general public will also benefit from a clearer understanding of the permitting process, as well as a more transparent process. The regulated community will enjoy the same benefits in addition to the benefits of avoiding the time, dollars and confusion

associated with unn ecessary permitting. DEQ will benefit by avoiding unnecessary and duplicative permitting efforts that consume significant amounts of staff time, and will be better

able to direct limited resour ces in a more effective and efficient manner. Compliance and enforcement activities will also benefit from focus on a single, comprehensive permit rather than many competing pe rmits. There are no known cost increases due to the proposal. Therefore the pr oposal will produce net benefits.

Businesses and Entities Affected. The proposed amendments affect any owner who constructs a new major stationary source of air pollutants or makes a major modification to any major stationary source, as well as DEQ.

Localities Particularly Affected. The proposed amendments do not disproportionately a ffect particular localities.

Projected Impact on Employment. Significantly reducing the amount of staff time required to handle permitting will reduce costs for firms, allowing them to be moderately more profitable. This may result in a small gain in employment in the long run.

Effects on the Use and Valu e of Private Property. The proposal to allow the combination of multiple permit elements into a single NSR permit will reduce costs for firms that must obtain such permits. This will commensurately

increase the value of such firms.

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3492 Small Businesses: Costs and Ot her Effects. The proposal to allow the combination of multiple permit elements into a single NSR permit will reduce costs for small businesses that must obtain such permits. This will commensurately increase

the value of such small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not produce adverse impact for small businesses.

Real Estate Development Costs. The proposed amendments can potentially moderately reduce real estate development

costs in some cases.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance w ith § 2.2-4007.04 of the

Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, Section 2.2-4007.04 requires that such economic impact analyses include (i) an identification an d estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The existing regulations establish a new source review (NSR) permit program whereby owners of sources locating in prevention of significant deterioration (PSD) and nonattainment areas are required to obtain a permit prior to construction of a new major source or a major modification (physical or operational change) to an existing one. The regulations are being amended to:

1. Add provisions to allow the terms and conditions of the various elements of the NSR program to be combined into a single permit. 2. Revise the provisions that specify the NSR programs to be used for the issuance of PAL permits in order to limit the issuance of these permits via a state operating permit.

3. Update and restructure the provisions that provide certain exemptions related to the use of alternative fuels or raw materials to comply with recent amendments to § 10.1-1322.4 of the Code of Virginia and to ensure no conflict with federal law or regulation.

9VAC5-80-1615. Definitions.

A. As used in this article, all words or terms not defined herein shall have the meaning 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 meaning 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 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.

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3493 "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:

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 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.

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3494 (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 appli cation 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 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":

a. Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under § 107(d)(1)(C) 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/m3 (annual average) of the pollutant for which the minor source

baseline date is established.

b. Area redesignations under § 107(d)(3) 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 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."

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3495 "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 and sulfur dioxide, January 6, 1975; and

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

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 and sulfur dioxide, August 7, 1977; and

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

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) 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 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 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)

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3496 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;

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

## Regulations

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3497 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 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 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.

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3498 "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; and

. (c) The owner demonstrates to the board that as a result

of trial burns at the source or other sources or other sufficient data that the emissions resulting from the use of the alternative fuel or raw material supply are

decreased.

(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.

"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.

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3499 (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.

(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.

(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

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3500 stationary sources or modifications (physical changes or changes in the method of operation) which do not qualify for 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 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

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3501 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 major NSR permit, the minor NSR permit, the state operating permit, or the federal 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%;

c. Is equipped 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 administrator (e.g., volatile organic compounds and NO X are precursors for ozone);

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3502 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. 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:

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

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 tetrathrough 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 regul ated NSR pollutant that

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3503 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/m3 (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.

9VAC5-80-1625. General.

A. No owner or other person shall begin actual construction of any new major stationary source or major modification without first obtaining from the board a permit to construct and operate such source. The permit will state that the major stationary source or major modification shall meet all the applicable requirements of this article.

B. The requirements of this article apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this article otherwise provides.

C. No owner or other person shall relocate any emissions unit from one stationary source to another without first obtaining a permit from the board to relocate the unit.

D. Prior to the decision of the board, all permit applications will be subject to a public co mment period, a public hearing will be held as provided in 9VAC5-80-1775.

E. I f the board and the owner make a mutual determination that it facilitates the efficient processing and issuing of permits for projects that are to be constructed concurrently, the board may combine the requirements of and the permits

for emissions units wi thin a stationary source subject to the major new source review program into one permit. Likewise the board may require that applications for permits for emissions units within a stationary source required by any provision of the major new source review pr ogram be combined into one application The board will take actions to combine permit terms and conditions as provided in 9VAC5- 80-1915. Actions to combine permit terms and conditions involve relocating the terms and conditions contained in two or more permits issued to single stationary source to a single permit document. Actions to combine permit terms and

conditions in and of themselves are not a mechanism for making changes to permits; such actions shall be taken under 9VAC5-80-1925 as explained in subsection F of this section

.

F. The board may not incorporate the terms and conditions of a state operating permit, a minor new source review permit, or a PAL permit into a permit issued pursuant to this

article The board will take actions to make changes to permit terms and conditions as provided in 9VAC5-80-1925. Nothing in this subsection is intended to imply that once an action has been taken to make a change to a permit, the resulting permit change may not be combined with other terms and conditions in a single permit document as provided

in subsection E of this section

.

G. All terms and conditions of any permit issued under this article shall be federally enforceable except those that are designated state-only enforceable under subdivision 1 of this subsection. Any term or condition that is not federally enforceable shall be designated as state-only enforceable as provided in subdivision 2 of this subsection.

1. A term or condition of any permit issued under this article shall not be federally enforceable if it is derived from or is designed to implement Article 2 (9VAC5-40- 130 et seq.) of 9VAC5 Chapter 40 9VAC5-40 (Existing Stationary Sources) , Article 2 (9VAC5-50-130 et seq.) of 9VAC5 Chapter 50 9VAC5-50 (New and Modified

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3504 Stationary Sources) , Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 9VAC5-60 (Hazardous Air Pollutant Sources) , or Article 5 (9VAC5-60-300) of 9VAC5 Chapter

60 9VAC5-60 (Hazardous Air Pollutant Sources)

. 2. Any term or condition of any permit issued under this article that is not federally enforceable shall be marked in the permit as state-only enfo rceable and shall only be enforceable by the board. Incorrectly designating a term or condition as state-only enfor ceable shall not provide a

shield from federal enforcement of a term or condition that is legally federally enforceable.

H. Nothing in the regulations of the board shall be construed to prevent the board from granting permits for programs of construction or modification in planned incremental phases. In such cases, all net emissions increases from all emissions units covered by the program shall be added together for determining the applicability of this article.

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.

v. Chemical process plants.

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:

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3505 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

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: 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.

9VAC5-80-1915. Actions to combine permit terms and

conditions.

A. General requirements for actions to combine permit

terms and conditions are as follows:

1. Except as provided in subdivision 3 of this subsection, the board may take actions to combine permit terms and conditions as provided under subsections B through E of

this section.

2. Requests to combine permit terms and conditions may be initiated by the permittee or by the board.

3. Under no circumstances may an action to combine permit terms and conditions be used for any of the following:

a. To combine the terms and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii) any permit that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit for the fabrication, erection, installation, demolition, relocation, addition, replacement, or modification of an emissions unit that would result in a change in emissions that would otherwise (i) be subject to review under this article or (ii) require a permit or permit amendment under the new source review program.

c. To allow any stationary source or emissions unit to violate any federal requirement.

d. To take an action to issue a permit or change a permit for any physical change in or change in the method of operation of a major stationary source that is subject to the provisions in 9VAC5-80-1605 C (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program).

B. The board may take actions to combine the terms and conditions of state operating permits and new source review permits along with any changes to state operating permits and new source review permits.

C. If the board and the owner make a mutual determination that it facilitates improved compliance or the efficient

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3506 processing and issuing of permits, the board may take an action to combine the terms and conditions of permits for emissions units within a stationary source into one or more permits. Likewise the board may require that applications for permits for emissions units within a stationary source required by any permit program be combined into one application.

D. Actions to combine the terms and conditions of permits are subject to the following conditions:

1. Each term or condition in the combined permit shall be accompanied by a statement that specifies and references the origin (enabling permit program) of, along with the regulatory or any other authority for, the term or condition.

2. Each term or condition in the combined permit shall be accompanied by a statement th at specifies the effective

date of the term or condition.

3. Each term or condition in the combined permit shall be identified by its original designation (i.e., state-only enforceable or federally and state enforceable) consistent with the applicable enforceability designation of the term or condition in the contributing permit.

4. Except as provided in subs ection E of this section, all terms and conditions in the contributing permits shall be included in the combined permit without change. The combined permit will supersede the contributing permits, which will no longer be effective.

E. Actions to make changes to permit terms and conditions as may be necessary to facilitate actions to combine permit terms and conditions may be accomplished in accordance with the minor amendment pr ocedures (unless specified otherwise in this section) of the enabling permit program (i.e., the permit program that is the origin of the term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in accordance with the administrative amendment procedures of the enabling permit program.

2. If two or more terms or conditions apply to the same emissions unit or emissions units and are substantively equivalent, the more restrictive of the duplicate terms or conditions may be retained and the less restrictive one removed, subject to the provisions of subdivision 4 of this

subsection.

3. If two or more similar terms or conditions apply to the

same emissions unit or emissions units and one is substantively more restrictive than the others, the more restrictive of the terms or conditions shall be retained, regardless of whether the less restrictive terms or

conditions are removed. If the less restrictive of the similar terms or conditions is removed, the provisions of subdivision 4 of this subsection apply. 4. The removal of similar terms or conditions from contributing permits is subject to the following conditions:

a. If any one of the terms or conditions removed is federally and state enforceable, the more restrictive term or condition that is retained in the combined permit shall be federally and state enforceable.

b. If any one of the terms or conditions originates in a permit subject to a major NSR program, that major NSR program shall become the effective enabling permit program for the more restrictive term or condition that is retained in the combined permit. If more than one major NSR program is the basis for a term or condition, all of the applicable major NSR prog rams shall be the enabling permit program for that term or condition.

c. The regulatory basis for all of the similar terms or

conditions that are removed shall be included in the

reference for the term or condition that is retained.

9VAC5-80-1925. Changes to Actions to change permits.

A. The general requirements for making actions to make changes to permits issued under this article are as follows:

1. Except as provided in subdivision 3 of this subsection changes to a permit issued under this article shall be made as specified under subsections B and C of this section and 9VAC5-80-1935 through 9VAC5-80-1965.

2. Changes to a permit issued under this article may be initiated by the permittee as specified in subsection B of this section or by the board as specified in subsection C of

this section.

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 1 (9VAC5- 80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part shall be made as specified in Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part.

4. Under no circumstances may a permit issued under this article be changed in order to (i) incorporate the terms and conditions necessary to implement any provision of the new source review program for a project that qualifies as a modification under the new source review program or (ii) incorporate the terms and conditions necessary to implement any provision of the new source review program for a PAL permit.

B. The requirements for changes initiated by the permittee

are as follows:

1. The permittee may initiate a change to a permit by submitting a written request to the board for an administrative permit amendment, a minor permit amendment or a significant permit amendment. The requirements for these permit changes can be found in 9VAC5-80-1935 through 9VAC5-80-1955.

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3507 2. A request for a change by a permittee shall include a

statement of the reason for the proposed change.

C. The board may initiate a change to a permit through the use of permit reopenings as specified in 9VAC5-80-1965.

9VAC5-80-1935. Administrati ve permit amendments.

A. Administrative permit amendments shall be required used for and limited to the following:

1. Correction of typographical or any other error, defect or irregularity which does not substantially affect the permit.

2. Identification of a change in the name, address, or phone number of any person identified in the permit, or of a similar minor administrative change at the source.

3. Change in ownership or operational control of a source where the board determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the board and the requirements of 9VAC5-80-2170 have been fulfilled.

B. The administrative permit amendment procedures are as

follows:

1. The board will normally take final action on a request for an administrative permit amendment no more than 60 days from receipt of the request.

2. The board will incorporate the changes without providing notice to the public under 9VAC5-80-1775. However, any such permit revisions shall be designated in the permit amendment as having been made pursuant to

this section.

3. The owner may implement the changes addressed in the request for an administra tive amendment immediately upon submittal of the request.

9VAC5-80-1945. Minor permit amendments.

A. Minor permit amendment procedures shall be used only for those permit amendments that meet all of the following

criteria:

1. Do not violate any appli cable federal requirement.

2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.

3. Do not require or change a case-by-case determination

of an emission emissions limitation or other standard requirement

. 4. Do not seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and cond itions include, but are not limited to, an emissions cap assumed to avoid

classification as a modification under the new source review program.

5. Are not required to be processed as a significant amendment under 9VAC5-80-1955; or as an administrative permit amendment under 9VAC5-80-1935.

B. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for permit amendments that meet any of the following criteria:

1. Involve the use of economic incentives, emissions trading, and other similar approaches, to the extent that such minor permit amendment procedures are explicitlyprovided for in a regulation of the board or a federallyapproved program.

2. Require new or more frequent monitoring or reporting by the permittee.

3. Designate any term or permit condition that meets the

criteria in 9VAC5-80-1625 G 1 as state-only enforceable as provided in 9VAC5-80-1625 G 2 for any permit issued under this article or any regulation from which this article

is derived.

C. Minor permit amendment procedures may be used for permit amendments involving the rescission of a provision of a permit if the board and the owner make a mutual determination that the provision is rescinded because all of the underlying statutory or regulatory requirements (i) upon which the provision is based or ( ii) that necessitated inclusion of the provision are no longer applicable. In order for the underlying statutory or regulatory requirements to be considered no longer applicable, the provision of the permit that is being rescinded must not cover a regulated NSR pollutant.

D. A request for the use of minor permit amendment procedures shall include all of the following: 1. A a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs. 2. A , along with a request that such procedures be used. The applicant may, at the applicant’s discretion, include a suggested proposed permit

amendment.

E. The public participation requirements of 9VAC5-80-1775 shall not extend to minor permit amendments.

F. Normally within 90 days of receipt by the board of a complete request under minor permit amendment procedures, the board will do one of the following:

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3508 1. Issue the permit amendment as proposed.

2. Deny the permit amendment request.

3. Determine that the requested amendment does not meet the minor permit amendment criteria and should be reviewed under the significant amendment procedures.

G. The requirements for making changes are as follows:

1. The owner may make the change proposed in the minor permit amendment request immedi ately after the request is

filed.

2. After the change under subdivision 1 of this subsection is made, and until the board takes any of the actions specified in subsection F of this section, the source shall comply with both the applicable regulatory requirements governing the change and the proposed permit terms and

conditions amendment

. 3. During the time period specified in subdivision 2 of this subsection, the owner need not comply with the existing permit terms and conditions the owner seeks to modify if the applicant has submitted a proposed permit amendment

. However, if the owner fails to comply with the proposed permit terms and conditions during this time period, the existing permit terms and conditions the owner seeks to modify may be enforced against the owner.

9VAC5-80-1955. Significant amendment procedures.

A. The criteria for use of sign ificant amendment procedures

are as follows:

1. Significant amendment proc edures shall be used for requesting permit amendments that do not qualify as minor permit amendments under 9VAC5-80-1945 or as

administrative amendments under 9VAC5-80-1935.

2. Significant amendment proc edures shall be used for those permit amendments that meet any of the following

criteria:

a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.

b. Require or change a case-by-case determination of an

emission emissions limitation or other standard requirement

. c. Seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, an emissions cap assumed to avoid classification as a modification under the new source review program.

B. A request for a significant permit amendment shall include a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs. The applicant may, at the appli cant's discretion, include a suggested draft permit amendment.

C. The provisions of 9VAC5-80-1775 shall apply to requests made under this section.

D. The board will normally take final action on significant permit amendments within 180 days after receipt of a complete request, except in cas es where direct consideration of the request by the board is granted pursuant to 9VAC5-80- 25. The board may extend this time period if additional

information is needed.

E. The owner shall not make the change applied for in the significant amendment request until the amendment is approved by the board under subsection D of this section.

9VAC5-80-1965. Reopening for cause.

A. A permit may be reopened and amended under any of the following situations:

1. Additional regulatory requirements become applicable to the emissions units covered by the permit after a permit is issued but prior to commencement of construction.

2. The board determines that th e permit contains a material

mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

3. The board determines that the permit must be amended to assure compliance with the applicable regulatory requirements or that the terms and conditions of the permit

are not sufficient to meet all of the standards and requirements contained in this article.

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

C. Reopenings shall not be initiated before a notice of such intent is provided to the source by the board at least 30 days in advance of the date that the permit is to be reopened, except that the board may provide a shorter time period in the case of an emergency.

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 Chapter 10 (9VAC5

- 10) 9VAC5-10 (General Definitions) , unless otherwise required by context.

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3509 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.

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

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3510 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 appli cation 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 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 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

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3511 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 un der 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, 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 requir ements of this section, 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, 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,

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3512 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 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."

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3513 (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 which 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; and

. (c) The owner demonstrates to the board that as a result

of trial burns at the source or other sources or other sufficient data that the emissions resulting from the use

of the alternative fu el or raw material supply are

decreased.

(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

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3514 (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.

(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.

(29) 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 do not qualify for 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.

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3515 "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 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

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3516 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 major NSR permit, the minor NSR permit, the state operating permit, or the federal 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 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

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3517 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 a constituent or precursor of a general pollutant listed under subdivisions a and b of this definition, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant.

"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

Ozone 25 tpy of volatile organic compounds Lead 0.6 py

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

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

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3518 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.

9VAC5-80-2020. General.

A. No owner or other person shall begin actual construction or modification of any new major stationary source or major modification without first obtaining from the board a permit to construct and operate such source. The permit will state that the major stationary source or major modification shall meet all the applicable requirements of this article.

B. No owner or other person shall relocate any emissions unit from one stationary source to another without first obtaining from the board a permit to relocate the unit.

C. If the board and the owner make a mutual determination that it facilitates the efficient processing and issuing of permits for projects that are to be constructed concurrently, the board may combine the requirements of and the permits for emissions units within a stationary source subject to the major new source review program into one permit. Likewise

t he board may require that applications for permits for emissions units within a stationary source required by any provision of the major new source review program be combined into one application The board will take actions to combine permit terms and conditions as provided in 9VAC5- 80-2195. Actions to combine permit terms and conditions involve relocating the terms and conditions contained in two or more permits issued to single stationary source to a single permit document. Actions to combine permit terms and

conditions in and of themselves are not a mechanism for making changes to permits; such actions shall be taken under 9VAC5-80-2200 as explained in subsection D of this section

.

D. The board may not incorpor ate the terms and conditions of a state oper ating permit, a minor new source review permit, or a PAL permit into a permit issued pursuant to this

article The board will take actions to make changes to permit terms and conditions as provided in 9VAC5-80-2200. Nothing in this subsection is intended to imply that once an action has been taken to make a change to a permit, the resulting permit change may not be combined with other terms and conditions in a single permit document as provided

in subsection C of this section

.

E. All terms and conditions of any permit issued under this article shall be federally enforceable except those that are designated state-only enforceable under subdivision 1 of this subsection. Any term or condition that is not federally enforceable shall be designated as state-only enforceable as provided in subdivision 2 of this subsection.

1. A term or condition of any permit issued under this article shall not be federally enforceable if it is derived from or is designed to implement Article 2 (9VAC5-40- 130 et seq.) of 9VAC5 Chapt er 40 9VAC5-40 (Existing Stationary Sources , Article 2 (9VAC5-50-130 et seq.) of 9VAC5 Chapter 50 9VAC5-50 (New and Modified Stationary Sources) , Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 9VAC5-60 (Hazardous Air Pollutant Sources) , or Article 5 (9VAC5-60-300) of 9VAC5 Chapter

60 9VAC5-60 (Hazardous Air Pollutant Sources)

. 2. Any term or condition of any permit issued under this article that is not federally enforceable shall be marked in the permit as state-only enfo rceable and shall only be enforceable by the board. Incorrectly designating a term or condition as state-only enfor ceable shall not provide a

shield from federal enforcement of a term or condition that is legally federally enforceable.

F. Nothing in the regulations of the board shall be construed to prevent the board from granting permits for programs of construction or modification in planned incremental phases. In such cases, all net emissions increases from all emissions units covered by the program shall be added together for determining the applicability of this article.

9VAC5-80-2140. Exception Exemptions

.

A. The provisions of this article do not apply to a source or modification that 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 source or modification and the source does not belong to any of the following categories:

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 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;

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3519 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;

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

24. Petroleum storage and transf er units with a total storage capacity exceeding 300,000 barrels;

25. Taconite ore processing plants;

26. Glass fiber processing plants;

27. Charcoal production plants;

28. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and

29. Any other stationary source category which, as of August 7, 1980, is being regulated under 40 CFR Parts 60,

61 or 63.

B. 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:

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.

9VAC5-80-2195. Actions to combine permit terms and

conditions.

A. General requirements for actions to combine permit

terms and conditions are as follows:

1. Except as provided in subdivision 3 of this subsection, the board may take actions to combine permit terms and conditions as provided under subsections B through E of

this section. 2. Requests to combine permit terms and conditions may be initiated by the permittee or by the board.

3. Under no circumstances may an action to combine permit terms and conditions be used for any of the following:

a. To combine the terms and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii) any permit that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit for the fabrication, erection, installation, demolition, relocation, addition, replacement, or modification of an emissions unit that would result in a change in emissions that would otherwise (i) be subject to review under this article or (ii) require a permit or permit amendment under the new source review program.

c. To allow any stationary source or emissions unit to violate any federal requirement.

d. To take an action to issue a permit or change a permit for any physical change in or change in the method of operation of a major stationary source that is subject to the provisions in 9VAC5-80-2000 D (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program).

B. The board may take actions to combine the terms and conditions of state operating permits and new source review permits, along with any changes to state operating permits and new source review permits.

C. If the board and the owner make a mutual determination that it facilitates improved compliance or the efficient processing and issuing of permits, the board may take an action to combine the terms and conditions of permits for emissions units within a stationary source into one or more permits. Likewise the board may require that applications for permits for emissions units within a stationary source required by any permit program be combined into one application.

D. Actions to combine the terms and conditions of permits are subject to the following conditions:

1. Each term or condition in the combined permit shall be accompanied by a statement that specifies and references the origin (enabling permit program) of, along with the regulatory or any other authority for, the term or condition.

2. Each term or condition in the combined permit shall be accompanied by a statement th at specifies the effective

date of the term or condition.

3. Each term or condition in the combined permit shall be identified by its original designation (i.e., state-only enforceable or federally and state enforceable) consistent

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3520 with the applicable enforceability designation of the term or condition in the contributing permit.

4. Except as provided in subs ection E of this section, all terms and conditions in the contributing permits shall be included in the combined permit without change. The combined permit will supersede the contributing permits, which will no longer be effective.

E. Actions to make changes to permit terms and conditions as may be necessary to facilitate actions to combine permit terms and conditions may be accomplished in accordance with the minor amendment pr ocedures (unless specified otherwise in this section) of the enabling permit program (i.e., the permit program that is the origin of the term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in accordance with the administrative amendment procedures of the enabling permit program.

2. If two or more terms or conditions apply to the same emissions unit or emissions units and are substantively equivalent, the more restrictive of the duplicate terms or conditions may be retained and the less restrictive one removed, subject to the provisions of subdivision 4 of this

subsection.

3. If two or more similar terms or conditions apply to the

same emissions unit or emissions units and one is substantively more restrictive than the others, the more restrictive of the terms or conditions shall be retained, regardless of whether the less restrictive terms or

conditions are removed. If the less restrictive of the similar terms or conditions is removed, the provisions of subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from contributing permits is subject to the following conditions:

a. If any one of the terms or conditions removed is federally and state enforceable, the more restrictive term or condition that is retained in the combined permit shall be federally and state enforceable.

b. If any one of the terms or conditions originates in a permit subject to a major NSR program, that major NSR program shall become the effective enabling permit program for the more restrictive term or condition that is retained in the combined permit. If more than one major NSR program is the basis for a term or condition, all of the applicable major NSR prog rams shall be the enabling permit program for that term or condition.

c. The regulatory basis for all of the similar terms or

conditions that are removed shall be included in the

reference for the term or condition that is retained. 9VAC5-80-2200. Changes to Actions to change permits.

A. The general requirements for making actions to make changes to permits issued under this article are as follows:

1. Except as provided in subdivision 3 of this subsection, changes to a permit issued under this article shall be made as specified under subsections B and C of this section and 9VAC5-80-2210 through 9VAC5-80-2240.

2. Changes to a permit issued under this article may be initiated by the permittee as specified in subsection B of this section or by the board as specified in subsection C of

this section.

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 1 (9VAC5- 80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part shall be made as specified in Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part.

4. Under no circumstances may a permit issued under this article be changed in order to (i) incorporate the terms and conditions necessary to implement any provision of the

n ew source review program for a project that qualifies as a modification under the new source review program or (ii) incorporate the terms and conditions necessary to implement any provision of the new source review program for a PAL permit.

B. The requirements for changes initiated by the permittee

are as follows:

1. The permittee may initiate a change to a permit by submitting a written request to the board for an administrative permit amendment, a minor permit amendment or a significant permit amendment. The requirements for these permit changes can be found in 9VAC5-80-2210 through 9VAC5-80-2230.

2. A request for a change by a permittee shall include a

statement of the reason for the proposed change.

C. The board may initiate a change to a permit through the use of permit reopenings as specified in 9VAC5-80-2240.

9VAC5-80-2210. Administrati ve permit amendments.

A. Administrative permit amendments shall be required used for and limited to the following:

1. Correction of typographical or any other error, defect or irregularity that does not substantially affect the permit.

2. Identification of a change in the name, address, or phone number of any person identified in the permit, or of a similar minor administrative change at the source.

3. Change in ownership or operational control of a source where the board determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3521 responsibility, coverage, and liability between the current and new permittee has been submitted to the board and the requirements of 9VAC5-80-2170 have been fulfilled.

B. The administrative permit amendment procedures are as

follows:

1. The board will normally take final action on a request for an administrative permit amendment no more than 60 days from receipt of the request.

2. The board will incorporate the changes without providing notice to the public under 9VAC5-80-2070. However, any such permit revisions shall be designated in the permit amendment as having been made pursuant to

this section.

3. The owner may implement the changes addressed in the request for an administra tive amendment immediately upon submittal of the request.

9VAC5-80-2220. Minor permit amendments.

A. Minor permit amendment procedures shall be used only for those permit amendments that meet all of the following

criteria:

1. Do not violate any appli cable federal requirement.

2. Do not involve significant changes to existing monitoring, reporting, or record keeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or record keeping requirements.

3. Do not require or change a case-by-case determination

of an emission emissions limitation or other standard requirement

. 4. Do not seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and cond itions include, but are not limited to, an emissions cap assumed to avoid

classification as a modification under the new source review program.

5. Are not required to be processed as a significant

amendment under 9VAC5-80-2230 or as an administrative permit amendment under 9VAC5-80-2210.

B. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for permit amendments that meet any of the following criteria:

1. Involve the use of economic incentives, emissions trading, and other similar approaches, to the extent that such minor permit amendment procedures are explicitly provided for in a regulation of the board or a federallyapproved program.

2. Require new or more frequent monitoring or reporting by the permittee.

3. Designate any term or permit condition that meets the

criteria in 9VAC5-80-2020 E 1 as state-only enforceable as provided in 9VAC5-80-2020 E 2 for any permit issued under this article or any regulation from which this article

is derived.

C. Minor permit amendment procedures may be used for permit amendments involving the rescission of a provision of a permit if the board and the owner make a mutual determination that the provision is rescinded because all of the underlying statutory or regulatory requirements (i) upon which the provision is based or ( ii) that necessitated inclusion of the provision are no longer applicable. In order for the underlying statutory and regulatory requirements to be considered no longer applicable, the provision of the permit that is being rescinded must not cover a regulated NSR pollutant.

D. A request for the use of minor permit amendment procedures shall include all of the following: 1. A a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs. 2. A , along with a request that such procedures be used. The applicant may, at the applicant’s discretion, include a suggested proposed permit

amendment.

E. The public participation requirements of 9VAC5-80-2070 shall not extend to minor permit amendments.

F. Normally within 90 days of receipt by the board of a complete request under minor permit amendment procedures, the board will do one of the following:

1. Issue the permit amendment as proposed.

2. Deny the permit amendment request.

3. Determine that the requested amendment does not meet the minor permit amendment criteria and should be reviewed under the significant amendment procedures.

G. The requirements for making changes are as follows:

1. The owner may make the change proposed in the minor permit amendment request immedi ately after the request is

filed.

2. After the change under subdivision 1 of this subsection is made, and until the board takes any of the actions specified in subsection F of this section, the source shall comply with both the applicable regulatory requirements governing the change and the proposed permit terms and

conditions amendment

.

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Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009

3522 3. During the time period specified in subdivision 2 of this subsection, the owner need not comply with the existing permit terms and conditions the owner seeks to modify if the applicant has submitted a proposed permit amendment

. However, if the owner fails to comply with the proposed permit terms and conditions during this time period, the existing permit terms and conditions the owner seeks to modify may be enforced against the owner.

9VAC5-80-2230. Significant amendment procedures.

A. The criteria for use of sign ificant amendment procedures

are as follows:

1. Significant amendment proc edures shall be used for requesting permit amendments that do not qualify as minor permit amendments under 9VAC5-80-2220 or as

administrative amendments under 9VAC5-80-2210.

2. Significant amendment proc edures shall be used for those permit amendments that meet any of the following

criteria:

a. Involve significant changes to existing monitoring, reporting, or record keeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.

b. Require or change a case-by-case determination of an

emission emissions limitation or other standard requirement

. c. Seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and conditions include, but are not limited to, an emissions cap assumed to avoid

classification as a modification under the new source review program.

B. A request for a significant permit amendment shall include a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs. The applicant may, at the appli cant's discretion, include a suggested draft permit amendment.

C. The provisions of 9VAC5-80-2070 shall apply to requests made under this section.

D. The board will normally take final action on significant permit amendments within 180 days after receipt of a complete request except in cases where direct consideration of the request by the board is granted pursuant to 9VAC5-80- 25. The board may extend this time period if additional

information is needed. E. The owner shall not make the change applied for in the significant amendment request until the amendment is approved by the board under subsection D of this section.

9VAC5-80-2240. Reopening for cause.

A. A permit may be reopened and amended under any of the following situations:

1. Additional regulatory requirements become applicable to the emissions units covered by the permit after a permit is issued but prior to commencement of construction.

2. The board determines that th e permit contains a material

mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

3. The board determines that the permit must be amended to assure compliance with the applicable regulatory requirements or that the terms and conditions of the permit

are not sufficient to meet all of the standards and requirements contained in this article.

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

C. Reopenings shall not be initiated before a notice of such intent is provided to the source by the board at least 30 days in advance of the date that the permit is to be reopened, except that the board may provide a shorter time period in the case of an emergency.

VA.R. Doc. No. R09-1158; Filed May 19, 2009, 11:38 a.m.

STATE WATER 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 State Water Control Board will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC25-720. Water Quality Management Planning Regu lation (amending 9VAC25- 720-50, 9VAC25-720-60, 9VAC25-720-90, 9VAC25-720- 110).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Effective Date: July 8, 2009.ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment 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 \ NONATTN PLANS \ 20 10 \ C08

- SIP

- 3.DOC