Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1410 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 the purpose of this article and subsequent amendments or any orders issued by
					 the department, the words or terms shall have the meaning given them in
					 subsection C of this section.
B. As
					 used in this section, all terms not defined in subsection C of this section
					 shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.),
					 unless otherwise required by context.
C. Terms defined.
"Affected source" means the stationary source, the group
						of stationary sources, or the portion of a stationary source that is regulated
						by a MACT standard.
"Affected states" are all states:
1. Whose air quality may be affected and that
					 are contiguous to the Commonwealth; or
2. Whose air quality may be affected and that
					 are within 50 miles of the major source for which a case-by-case MACT
					 determination is made in accordance with this article.
"Available information" means, for purposes of
						identifying control technology options for the stationary source, information
						contained in the following information sources as of the date of approval of
						the permit:
1. A relevant proposed
					 regulation, including all supporting information.
2. Background information documents for a
					 draft or proposed regulation.
3.
					 Data and information available from the Control Technology Center developed
					 pursuant to § 113 of the federal Clean Air Act.
4. Data and information contained in the
					 Aerometric Informational Retrieval System including information in the MACT
					 database.
5. Any additional
					 information that can be expeditiously provided by the administrator.
6. For the purpose of determinations by the
					 department, any additional information provided by the applicant or others, and
					 any additional information considered available by the department.
"Begin actual construction" means initiation of permanent
						physical on-site construction of an emissions unit. This includes installation
						of building supports and foundations, laying of underground pipework, and
						construction of permanent storage structures.
"Begin actual reconstruction" means initiation of
						permanent physical on-site reconstruction of an emissions unit. This includes
						installation of building supports and foundations, laying of underground
						pipework, and construction of permanent storage structures.
"Best controlled similar source" means a stationary
						source that (i) has comparable emissions and is structurally similar in design
						and capacity to other stationary sources such that the stationary sources could
						be controlled using the same control technology and (ii) uses a control
						technology that achieves the lowest emission rate among all other similar
						sources in the United States.
"Case-by-case MACT determination" means a determination
						by the department, pursuant to the requirements of this article, that
						establishes a MACT emission limitation, MACT work practice standard, or other
						MACT requirements for a stationary source subject to this article.
"Commenced" means, with respect to construction or
						reconstruction of a stationary source, that the owner has undertaken a
						continuous program of construction or reconstruction or that an owner has
						entered into a contractual obligation to undertake and complete, within a
						reasonable time, a continuous program of construction or reconstruction.
"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
						been met. Designating an application complete for purposes of permit processing
						does not preclude the department from requesting or accepting additional
						information.
"Construct a major source" means:
1. To fabricate, erect, or install a major
					 source at any undeveloped site; or
2. To fabricate, erect, or install a major
					 process or production unit at any site.
"Construction" means:
1. The fabrication, erection, or installation
					 of a major source at any undeveloped site; or
2. The fabrication, erection, or installation
					 of a major process or production unit at any site.
"Control technology" means measures, processes, methods,
						systems, or techniques to limit the emission of hazardous air pollutants
						including but not limited to, measures that:
1. Reduce the quantity of or eliminate
					 emissions of such pollutants through process changes, substitution of
					 materials, or other modifications;
2. Enclose systems or processes to eliminate
					 emissions;
3. Collect, capture, or
					 treat such pollutants when released from a process, stack, storage, or fugitive
					 emissions point;
4. Are design,
					 equipment, work practice, or operational standards, including requirements for
					 operator training or certification; or
5. Are a combination of subdivisions 1
					 through 4 of this definition.
"Electric utility steam generating unit" means any fossil
						fuel fired combustion unit of more than 25 megawatts that serves a generator
						that produces electricity for sale. A unit that co-generates steam and
						electricity and supplies more than one-third of its potential electric output
						capacity and more than 25 megawatts electric output to any utility power
						distribution system for sale shall be considered an electric utility steam
						generating unit.
"Emergency" means, in the context of
						9VAC5-80-1580
						C, a situation where immediate action on the part of a source is needed and
						where the timing of the action makes it impractical to meet the requirements of
						this article, such as sudden loss of power, fires, earthquakes, floods, or
						similar occurrences.
"Emissions unit" means any part of a stationary source
						that emits or would have the potential to emit any hazardous air
						pollutant.
"Enforceable as a practical matter" means that the permit
						contains emission limitations that are enforceable by the department and meet
						the following criteria:
1. Are
					 permanent.
2. Contain a legal
					 obligation for the owner to adhere to the terms and conditions.
3. Do not allow a relaxation of a requirement
					 of the state implementation plan.
4. Are technically accurate and
					 quantifiable.
5. Include averaging
					 times or other provisions that allow at least monthly, or a shorter period if
					 necessary to be consistent with the emission standard, 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
					 9VAC5-80-1490
					 and other regulations of the board.
6. Require a level of recordkeeping,
					 reporting, and monitoring sufficient to demonstrate compliance.
"EPA" means the U.S. Environmental Protection
						Agency.
"Federal operating permit" means a permit issued under
						Article 1 (9VAC5-80-50 et
						seq.) or Article 3 (9VAC5-80-360 et
						seq.) of this part.
"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. Federally enforceable limitations and conditions include
						the following:
1. 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.
2. 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.
3.
					 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.
4.
					 Limitations and conditions that are part of an approved State Implementation
					 Plan (SIP) or a Federal Implementation Plan (FIP).
5. 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. This does not
					 include limitations and conditions that are established to address plans,
					 programs, or regulatory requirements that are enforceable only by the
					 Commonwealth.
6. Limitations and
					 conditions that are part of an operating permit issued pursuant to a program
					 approved by EPA into a SIP 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.
					 This does not include limitations and conditions that are established to
					 address plans, programs, or regulatory requirements that are enforceable only
					 by the Commonwealth.
7. Limitations
					 and conditions 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.
8. Individual consent agreements that EPA has
					 legal authority to create.
"Fixed capital cost" means the capital needed to provide
						all the depreciable components of an existing source.
"Fugitive emissions" means those emissions which could
						not reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"Hazardous air pollutant" means any air pollutant listed
						in § 112(b) of the federal Clean Air Act as amended by 40 CFR Part 63,
						Subpart C.
"Locality particularly affected" means any locality that
						bears any identified disproportionate material air quality impact that would
						not be experienced by other localities.
"MACT standard" means (i) an emission standard; (ii) an
						alternative emission standard; or (iii) an alternative emission limitation
						promulgated in 40 CFR Part 63 that applies to the stationary source, the group
						of stationary sources, or the portion of a stationary source regulated by such
						standard or limitation. A MACT standard may include or consist of a design,
						equipment, work practice, or operational requirement, or other measure,
						process, method, system, or technique, including prohibition of emissions, that
						the administrator establishes for new or existing sources to which such
						standard or limitation applies. Every MACT standard established pursuant to
						§ 112 of the federal Clean Air Act includes subpart A of 40 CFR Part 63
						and all applicable appendices of 40 CFR Part 63 or of other parts of Title 40
						of the Code of Federal Regulations that are referenced in that standard.
"Major process or production unit" means any process or
						production unit which in and of itself emits or has the potential to emit 10
						tons per year of any hazardous air pollutant or 25 tons per year of any
						combination of hazardous air pollutants.
"Major source" means any stationary source or group of
						stationary sources located within a contiguous area and under common control
						that emits or has the potential to emit considering controls, in the aggregate,
						10 tons per year or more of any hazardous air pollutant or 25 tons per year or
						more of any combination of hazardous air pollutants, unless the department
						establishes a lesser quantity, or in the case of radionuclides, different
						criteria from those specified in this definition.
"Maximum achievable control technology (MACT) emission
						limitation" means the emission limitation that is not less stringent than the
						emission limitation achieved in practice by the best controlled similar source
						and that reflects the maximum degree of reduction in emissions that the
						department, taking into consideration the cost of achieving such emission
						reduction and any nonair quality health and environmental impacts and energy
						requirements, determines is achievable by the constructed or reconstructed
						major source.
"New source review program" means a program for the
						preconstruction review and permitting of new stationary sources or expansions
						to existing ones in accordance with regulations promulgated to implement the
						requirements of §§ 110(a)(2)(C), 165 (relating to permits in
						prevention of significant deterioration areas) and 173 (relating to permits in
						nonattainment areas) and 112 (relating to permits for hazardous air pollutants)
						of the federal Clean Air Act.
"Permit" means a document issued pursuant to this article
						containing all federally enforceable conditions necessary to enforce the
						application and operation of any maximum achievable control technology or other
						control technologies such that the MACT emission limitation is met.
"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
						its effect on emissions is state and federally enforceable.
"Presumptive MACT" means a preliminary MACT determination
						made by EPA, in consultation with states and other stakeholders, after data on
						a source category's emissions and controls have been collected and analyzed,
						but before the MACT standard has been promulgated.
"Process or production unit" means any collection of
						structures or equipment or both, that processes, assembles, applies, or
						otherwise uses material inputs to produce or store an intermediate or final
						product. A single facility may contain more than one process or production
						unit.
"Public comment period" means a time during which the
						public shall have the opportunity to comment on the permit application
						information, exclusive of confidential information, the preliminary review and
						analysis, and the preliminary decision of the department regarding the permit
						application.
"Reconstruct a major source" means to replace components
						at an existing major process or production unit whenever:
1. The fixed capital cost of the new
					 components exceeds 50% of the fixed capital cost that would be required to
					 construct a comparable new process or production unit; and
2. It is technically and economically
					 feasible for the reconstructed major source to meet the applicable standard for
					 new sources established in a permit.
"Reconstruction" means the replacement of components at
						an existing major process or production unit whenever:
1. The fixed capital cost of the new
					 components exceeds 50% of the fixed capital cost that would be required to
					 construct a comparable new process or production unit; and
2. It is technologically and economically
					 feasible for the reconstructed process or production unit to meet the
					 applicable standard for new sources established in a permit.
"Research and development activities" means activities
						conducted at a research or laboratory facility whose primary purpose is to
						conduct research and development into new processes and products, where such
						source is operated under the close supervision of technically trained personnel
						and is not engaged in the manufacture of products for sale or exchange for
						commercial profit, except in a de minimis manner.
"Similar source" means a stationary source or process
						that has comparable emissions and is structurally similar in design and
						capacity to a constructed or reconstructed major source such that the source
						could be controlled using the same control technology.
"Source category list" means the list and schedule issued
						pursuant to § 112(c) and (e) for promulgating MACT standards issued
						pursuant to § 112(d) of the federal Clean Air Act and published in the
						Federal Register at 63 FR 7155, February 12, 1998.
"State enforceable" means all limitations and conditions
						that are enforceable as a practical matter, including those requirements
						developed pursuant to
						9VAC5-170-160,
						requirements within any applicable order or variance, and any permit
						requirements established pursuant to this chapter.
"Stationary source" means any building, structure,
						facility, or installation that emits or may emit any air pollutant.
"Uncontrolled emission rate" means the emission rate from
						a source when operating at maximum capacity without air pollution control
						equipment. Air pollution control equipment is equipment that enables the source
						to conform to applicable air pollution control laws and regulations and that is
						not vital to its operation.