Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2020 - General

Current through Register Vol. 40, No. 24, July 15, 2024
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 department 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 department a permit to relocate the unit.
C. The department 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 department 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 9VAC5-40 (Existing Stationary Sources), Article 2 (9VAC5-50-130
					 et seq.) of 9VAC5-50 (New and Modified Stationary Sources), Article 4
					 (9VAC5-60-200
					 et seq.) of 9VAC5-60 (Hazardous Air Pollutant Sources), or Article 5
					 (9VAC5-60-300)
					 of 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 enforceable and shall only be enforceable by the
					 department. Incorrectly designating a term or condition as state-only
					 enforceable shall not provide a shield from federal enforcement of a term or
					 condition that is legally federally enforceable.