Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS › Part I - Special Provisions › Section 9VAC5-45-20 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless otherwise
				  specified in this chapter, no owner or other person shall engage in or permit
				  any applicable operation (such as the manufacture, packaging, distribution,
				  marketing, application, sale or use, or contracting for the application, sale
				  or use, of any product) in violation of a standard prescribed under this
				  chapter after the effective date of such standard.
1. Compliance with standards in this chapter,
				  other than opacity standards, shall be determined by emission tests established
				  by 9VAC5-45-30, 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 § 111(d) or § 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 shall be determined by
				  conducting observations in accordance with Reference Method 9 or any
				  alternative method. 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 that contain condensed, uncombined water vapor shall not be
				  used for purposes of determining compliance with opacity standards.
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.