Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 40 - EXISTING STATIONARY SOURCES › Part I - Special Provisions › Section 9VAC5-40-20 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Ninety days
				  after the effective date of any emission standard prescribed under this
				  chapter, no owner or other person shall operate any existing source in
				  violation of such standard.
1. Compliance
				  with standards in this chapter, other than opacity standards, shall be
				  determined by emission tests established by
				  9VAC5-40-30, unless specified
				  otherwise in the applicable standard.
2. Compliance with federal requirements in
				  this chapter may be determined by alternative or equivalent methods only if
				  approved by the administrator. For purposes of this subsection, federal
				  requirements consist of the following:
a. New
				  source performance standards established pursuant to § 111 of the federal
				  Clean Air Act.
b. All terms and
				  conditions in a federal operating permit, including any provisions that limit a
				  source's potential to emit, unless expressly designated as not federally
				  enforceable.
c. Limitations and
				  conditions that are part of an implementation plan.
d. Limitations and conditions that are part
				  of a section 111(d) or section 111(d)/129 plan.
e. Limitations and conditions that are part
				  of a federal construction permit issued under
				  40 CFR
				  52.21 or any construction permit issued under
				  regulations approved by EPA in accordance with 40 CFR Part 51.
f. Limitations and conditions that are part
				  of an operating permit issued pursuant to a program approved by EPA into an
				  implementation plan as meeting EPA's minimum criteria for federal
				  enforceability, including adequate notice and opportunity for EPA and public
				  comment prior to issuance of the final permit and practicable
				  enforceability.
3.
				  Compliance with opacity standards in this chapter may be determined by one or
				  more of the following means:
a. Conducting
				  observations in accordance with Reference Method 9 or any alternative method
				  approved by EPA. For purposes of determining initial compliance, the minimum
				  total time of observations shall be three hours (30 six-minute averages) for
				  the emission test or other set of observations (meaning those fugitive-type
				  emission sources subject only to an opacity standard). Opacity readings of
				  portions of plumes which contain condensed, uncombined water vapor shall not be
				  used for purposes of determining compliance with opacity standards.
b. Evaluation of data resulting from use of
				  continuous monitoring by transmissometer, provided the instrument used meets
				  Performance Specification 1 in Appendix B of 40 CFR Part 60 and has been
				  properly maintained and that the resulting data have not been altered in any
				  way.
c. Use of any other method
				  approved by EPA.
4. The
				  opacity standards prescribed under this chapter shall apply at all times except
				  during periods of startup, shutdown, malfunction, and as otherwise provided in
				  the applicable standard. This exception shall not apply to the following
				  federal requirements:
a. Limitations and
				  conditions that are part of an implementation plan.
b. Limitations and conditions that are part
				  of a federal construction permit issued under
				  40 CFR
				  52.21 or any construction permit issued under
				  regulations approved by EPA in accordance with 40 CFR Part 51.
c. Limitations and conditions that are part
				  of an operating permit issued pursuant to a program approved by EPA into an
				  implementation plan as meeting EPA's minimum criteria for federal
				  enforceability, including adequate notice and opportunity for EPA and public
				  comment prior to issuance of the final permit and practicable
				  enforceability.