reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-640 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit shall be reopened and revised under any of the conditions stated in
					 9VAC5-80-490
					 L.
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 department at least 30 days in advance of the date that the permit is to be
					 reopened, except that the department may provide a shorter time period in the
					 case of an emergency.
D. In
					 reopening an acid rain permit, the department shall issue a draft permit
					 changing the provisions, or adding the requirements, for which the reopening
					 was necessary.
E. The following
					 requirements apply with respect to reopenings for cause by EPA:
1. If the administrator finds that cause
					 exists to terminate, modify, or revoke and reissue a permit pursuant to
					 subsection A of this section, the administrator shall notify the department and
					 the permittee of such finding in writing.
2. The department shall, within 90 days after
					 receipt of such notification, forward to the administrator a proposed
					 determination of termination, modification, or revocation and reissuance, as
					 appropriate. The administrator may extend this 90-day period for an additional
					 90 days if he finds that a new or revised permit application is necessary or
					 that the department must require the permittee to submit additional
					 information.
3. The administrator
					 shall review the proposed determination from the department within 90 days of
					 receipt.
4. The department shall
					 have 90 days from receipt of an objection by the administrator to resolve any
					 objection that he makes and to terminate, modify, or revoke and reissue the
					 permit in accordance with the objection.
5. If the department fails to submit a
					 proposed determination pursuant to subdivision 2 of this subsection or fails to
					 resolve any objection pursuant to subdivision 4 of this subsection, the
					 administrator shall terminate, modify, or revoke and reissue the permit after
					 taking the following actions:
a. Providing at
					 least 30 days' notice to the permittee in writing of the reasons for any such
					 action. This notice may be given during the procedures in subdivisions 1
					 through 4 of this subsection.
b.
					 Providing the permittee an opportunity for comment on the administrator's
					 proposed action and an opportunity for a hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-650 - Malfunction

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
					 the event of a malfunction, the owner may demonstrate that the conditions of
					 subsection B of this section are met.
B. The permittee may, through properly
					 signed, contemporaneous operating logs, or other relevant evidence, show the
					 following:
1. A malfunction occurred and the
					 permittee can identify the cause or causes of the malfunction.
2. The permitted facility was at the time
					 being properly operated.
3. During
					 the period of the malfunction the permittee took all reasonable steps to
					 minimize levels of emissions that exceeded the emission standards, or other
					 requirements in the permit.
4. The
					 permittee notified the department of the malfunction within two working days
					 following the time when the emission limitations were exceeded due to the
					 malfunction. This notification should include a description of the malfunction,
					 any steps taken to mitigate emissions, and corrective actions taken. The
					 notification may be delivered either orally or in writing by any method that
					 allows the permittee to comply with the deadline. This notification fulfills
					 the requirements of
					 9VAC5-80-490 F 2 b
					 to report promptly deviations from permit requirements. This notification does
					 not release the permittee from the malfunction reporting requirements under
					 9VAC5-20-180
					 C.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-660 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following general requirements apply:
1.
					 Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with
					 any condition of a permit shall be considered a violation of the Virginia Air
					 Pollution Control Law.
2. A permit
					 may be revoked or terminated prior to its expiration date if the owner does any
					 of the following:
a. Knowingly makes material
					 misstatements in the permit application or any amendments thereto.
b. Violates, fails, neglects or refuses to
					 comply with (i) the terms or conditions of the permit, (ii) any applicable
					 requirements, or (iii) the applicable provisions of this article.
3. The department may suspend,
					 under such conditions and for such period of time as the department may
					 prescribe, any permit for any of the grounds for revocation or termination
					 contained in subdivision 2 of this subsection or for any other violations of
					 these regulations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-670 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except for modifications qualifying for minor permit modification procedures
					 and administrative permit amendments, draft permits for initial permit
					 issuance, significant modifications, and renewals shall be subject to a public
					 comment period of at least 30 days. The department shall notify the public
					 using the procedures in subsection B of this section.
B. The department shall notify the public of
					 the draft permit or draft permit modification (i) by advertisement in a
					 newspaper of general circulation in the area where the source is located and
					 (ii) through a notice to persons on a permit mailing list who have requested
					 such information of the opportunity for public comment on the information
					 available for public inspection under the provisions of subsection C of this
					 section.
C. The following
					 requirements apply with respect to content of the public notice and
					 availability of information:
1. The notice
					 shall include, but not be limited to, the following:
a. The source name, address and description
					 of specific location.
b. The name
					 and address of the permittee.
c.
					 The name and address of the regional office processing the permit.
d. The activity or activities for which the
					 permit action is sought.
e. The
					 emissions change that would result from the permit issuance or
					 modification.
f. The name, address,
					 and telephone number of a department contact from whom interested persons may
					 obtain additional information, including copies of the draft permit or draft
					 permit modification, the application, and all relevant supporting materials,
					 including the compliance plan.
g. A
					 brief description of the comment procedures required by this section.
h. A brief description of the procedures to
					 be used to request a hearing or the time and place of the public hearing if the
					 director determines to hold a hearing under
					 9VAC5-80-35
					 E.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-680 - Operational flexibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall allow, under conditions specified in this section, operational
					 flexibility changes at a source that do not require a revision to be made to
					 the permit in order for the changes to occur. Such changes shall be classified
					 as follows:
(i) those that contravene an
					 express permit term, or
(ii) those
					 that are not addressed or prohibited by the permit. The conditions under which
					 the department shall allow these changes to be made are specified in
					 subsections B and C of this section, respectively.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-690 - Permit review by EPA and affected states

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following requirements apply with respect to transmission of information to the
					 administrator:
1. The department shall
					 provide to the administrator a copy of each permit application (including any
					 application for permit modification), each proposed permit, and each final
					 permit issued under this article.
2. The department shall keep for five years
					 such records and submit to the administrator such information as the
					 administrator may reasonably require to ascertain whether the Virginia program
					 complies with the requirements of the federal Clean Air Act or of 40 CFR Part
					 70.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-700 - Voluntary inclusions of additional state-only requirements as applicable state requirements in the permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Upon the request of an applicant, any requirement of any regulation of the
					 board (other than any requirement that is a federal applicable requirement) may
					 be included as an applicable state requirement in a permit issued under this
					 article.
B. If the applicant
					 chooses to make a request under subsection A of this section, the provisions of
					 this article pertaining to applicable state requirements shall apply.
C. The request under subsection A of this
					 section shall be made by including the citation and description of any
					 applicable requirement not defined as such in this article in the permit
					 application submitted to the department under
					 9VAC5-80-440
					 E.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-800 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Within the limits of subsection C of this section, the provisions of this
					 article apply to the operation of any stationary source or emissions unit of a
					 regulated air pollutant.
B. The
					 provisions of this article apply throughout the Commonwealth of
					 Virginia.
C. Permits may be issued
					 under this article in situations including, but not limited to, the following:
1. At the request of any owner:
a. To designate a stationary source or
					 emissions unit as a synthetic minor;
b. To combine a stationary source's or
					 emissions unit's requirements under multiple permits into one permit;
					 or
c. To implement emissions
					 trading requirements.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-830 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 permits issued under the provisions of
					 9VAC5-80-800 C 1, a
					 single complete application is required identifying each emissions unit to be
					 covered by the permit. The application shall be submitted according to
					 procedures approved by the department. Where several units are included in one
					 stationary source, a single complete application shall be submitted covering
					 all units which are to be permitted in the stationary source. A separate
					 complete application is required for each stationary source.
B. Any application form, report, or
					 compliance certification submitted to the department shall meet the
					 requirements of
					 9VAC5-20-230.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-840 - Application information required

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall furnish application forms to applicants.
B. Each application for a permit under the
					 provisions of
					 9VAC5-80-800 C 1
					 shall include, but not be limited to, the following:
1. Company name and address (or plant name
					 and address if different from the company name), owner's name and agent, and
					 telephone number and names of plant site manager or contact or both.
2. A description of the source's processes
					 and products (by Standard Industrial Classification Code).
3. All emissions of regulated air pollutants.
a. A permit application shall describe all
					 emissions of regulated air pollutants emitted from any emissions unit to be
					 covered by the permit.
b. Emissions
					 shall be calculated as required in the permit application form or
					 instructions.
c. Fugitive emissions
					 shall be included in the permit application to the extent
					 quantifiable.
4.
					 Emissions rates in tons per year and in such terms as are necessary to
					 establish compliance consistent with the applicable standard reference test
					 method.
5. Information needed to
					 determine or regulate emissions as follows: fuels, fuel use, raw materials,
					 production rates, loading rates, and operating schedules.
6. Identification and description of air
					 pollution control equipment and compliance monitoring devices or
					 activities.
7. Limitations on
					 source operation affecting emissions or any work practice standards, where
					 applicable, for all regulated air pollutants at the source.
8. Calculations on which the information in
					 subdivisions 3 through 7 of this subsection is based. Any calculations shall
					 include sufficient detail to permit assessment of the validity of such
					 calculations.
9. Any additional
					 information or documentation that the department deems necessary to review and
					 analyze the air pollution aspects of the stationary source or emissions
					 unit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-850 - Standards and conditions for granting permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit may be granted pursuant to this article if it is shown to the
					 satisfaction of the department that the following standards and conditions will
					 be met:
1. The stationary source or emissions
					 unit shall operate without causing a violation of the applicable provisions of
					 regulations of the board;
2. The
					 stationary source or emissions unit shall be in compliance with all applicable
					 emission standards or meet the provisions of any administrative enforcement
					 mechanism issued pursuant to
					 9VAC5-170-120;
					 and
3. The stationary source or
					 emissions unit shall operate in conformance with any applicable control
					 strategy, including any emission standards or emission limitations, in the
					 implementation plan in effect at the time that an application is submitted so
					 as not to prevent or interfere with the attainment or maintenance of any
					 applicable ambient air quality standard.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-860 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 After receipt of an application or any additional information, the department
					 shall advise the applicant in writing of any deficiency in such application or
					 information no later than 30 days after receipt of the application or
					 additional information.
B. The
					 department will normally process an application according to the steps
					 specified in subdivisions 1 through 5 of this subsection. Processing time for
					 these steps is normally 90 days following receipt of a complete application. If
					 a public comment period is required, processing time is normally 180 days
					 following receipt of a complete application. The department may extend this
					 time period if additional information is needed.
1. Complete the preliminary review and
					 analysis in accordance with
					 9VAC5-80-870
					 and the preliminary determination of the department;
2. Inspect the stationary source or emissions
					 unit, provided an inspection has not been conducted within the last six
					 months;
3. When required, complete
					 the public participation requirements in accordance with
					 9VAC5-80-1020;
4. Consider the public comments received in
					 accordance with
					 9VAC5-80-1020;
					 and
5. Complete the final review
					 and analysis and the final determination of the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-870 - Application review and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 permit shall be granted pursuant to this article unless compliance with the
					 standards in
					 9VAC5-80-850
					 is demonstrated to the satisfaction of the department by a review and analysis
					 of the application performed on a source-by-source basis as specified below:
1. Applications shall be subject to a control
					 technology review to determine if each emissions unit that is to be permitted
					 within the stationary source is equipped to comply with all applicable emission
					 standards.
2. Applications may be
					 subject to an air quality analysis to determine the impact of pollutant
					 emissions.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-880 - Compliance determination and verification by testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may require owners of sources subject to this article to conduct
					 such tests as are necessary to determine the type or amount or both of the
					 pollutants emitted from the stationary source or emissions unit or whether the
					 stationary source or emissions unit will be in compliance with any provisions
					 of any regulation of the board. Such tests shall be conducted in a manner
					 acceptable to the department.
B.
					 The requirements under subsection A of this section shall be carried out in
					 accordance with the provisions contained in Part I (9VAC5-40-10 et
					 seq.) of 9VAC5 Chapter 40, Part I (9VAC5-50-10 et
					 seq.) of 9VAC5 Chapter 50, and Part I (9VAC5-60-10 et
					 seq.) of 9VAC5 Chapter 60, as applicable, or by other means acceptable to the
					 department.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-890 - Monitoring requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may require owners of stationary sources subject to this article to
					 install, calibrate, operate and maintain equipment for continuously monitoring
					 and recording emissions or process parameters or both, and establish and
					 maintain records, and make periodic emission reports as the department may
					 prescribe. These requirements shall be conducted in a manner acceptable to the
					 department.
B. The requirements
					 under subsection A of this section shall be carried out in accordance with the
					 provisions contained in Part I (9VAC5-40-10 et
					 seq.) of 9VAC5 Chapter 40, Part I (9VAC5-50-10 et
					 seq.) of 9VAC5 Chapter 50, and Part I (9VAC5-60-10 et
					 seq.) of 9VAC5 Chapter 60, as applicable, or by other means acceptable to the
					 department.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-900 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may require owners of stationary sources subject to this article to
					 establish and maintain records, provide notifications and reports, revise
					 reports, report emission tests or monitoring results in a manner and form and
					 using procedures as the department may prescribe. Any records, notifications,
					 reports, or tests required under this section shall be retained by the owner
					 for at least three years following the date of such records, notifications,
					 reports or tests. If an owner wishes to request the establishment of an average
					 emissions baseline for a period longer than three years, that owner must
					 maintain records for that period.
B. The requirements under subsection A of
					 this section shall be carried out in accordance with the provisions contained
					 in Part I (9VAC5-40-10 et
					 seq.) of 9VAC5 Chapter 40, Part I (9VAC5-50-10 et
					 seq.) of 9VAC5 Chapter 50, and Part I (9VAC5-60-10 et
					 seq.) of 9VAC5 Chapter 60, as applicable, or by other means acceptable to the
					 department.
C. If a stationary
					 source or emissions unit is shut down, the owner shall notify the department
					 within six months of the date the stationary source or emissions unit is shut
					 down and the provisions of
					 9VAC5-80-950
					 shall apply.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-910 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a permit under this article shall not
						constitute a defense to a violation of the Virginia Air Pollution Control Law
						or regulations of the board and shall not relieve any owner of the
						responsibility to comply with any applicable regulations, laws, ordinances and
						orders of the governmental entities having jurisdiction.
Statutory Authority
§§ 10.1-1308 and 10.1-1322 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-920 - Circumvention

Current through Register Vol. 40, No. 24, July 15, 2024
Regardless of the exemptions provided in this article,
						permits shall be required of owners who circumvent the requirements of this
						article by causing or allowing a pattern of ownership or development over a
						geographic area of a stationary source which, except for the pattern of
						ownership or development, would otherwise require a permit.
Statutory Authority
§§ 10.1-1308 and 10.1-1322 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-930 - Compliance with local zoning requirements

Current through Register Vol. 40, No. 24, July 15, 2024
No provision of this article or any permit issued
						thereunder shall relieve any owner from the responsibility to comply in all
						respects with any existing zoning ordinances and regulations in the locality in
						which the stationary source is located provided, however, that such compliance
						does not relieve the department of its duty under
						9VAC5-170-170
						and § 10.1-1307 E of the Virginia Air Pollution Control Law to
						independently consider relevant facts and circumstances.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-940 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person shall transfer a permit from one location to another, or from one piece
					 of equipment to another.
B. In the
					 case of a transfer of ownership or name change of a stationary source, the new
					 owner shall abide by any current permit issued to the previous owner or to the
					 same owner under the previous source name. The new owner shall notify the
					 department of the change in ownership or source name or both within 30 days of
					 the transfer or name change.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-950 - Termination of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit or any amendment thereof shall be valid for the life of the source
					 unless the department terminates the permit under the conditions of subsections
					 B or C of this section.
B. The
					 department may terminate a permit with the consent of the owner for good cause
					 shown by the owner or on its own motion provided that the termination is
					 accomplished in accordance with the provisions of regulations of the board and
					 the Administrative Process Act.
C.
					 Upon a final determination that a stationary source or emissions unit is shut
					 down permanently, the department shall revoke any permits for that source or
					 emissions unit in accordance with
					 9VAC5-20-220.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-960 - Changes to permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 general requirements for making changes to permits are as follows:
1. Changes to a permit issued under this
					 article shall be made as specified under subsections B and C of this section
					 and
					 9VAC5-80-970
					 through
					 9VAC5-80-1000.
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 department 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.) of this part shall be made as specified in Article 1 (9VAC5-80-50 et
					 seq.) of this part.
4. This section
					 shall not be applicable to general permits.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-970 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be required 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 department 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 department and the requirements of
					 9VAC5-80-940
					 have been fulfilled.
4. The
					 combining of permits as provided in
					 9VAC5-80-800 C 1
					 b.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-980 - Minor permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit amendment procedures shall be used only for those permit
					 amendments that:
1. Do not violate any
					 applicable regulatory 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 limitation or other standard;
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:
a. An emissions cap assumed to avoid
					 classification as a modification under the new source review program or §
					 112 of the federal Clean Air Act; and
b. An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act;
5. Are not
					 modifications under the new source review program or under § 112 of the
					 federal Clean Air Act; and
6. Are
					 not required to be processed as a significant amendment under
					 9VAC5-80-990;
					 or as an administrative permit amendment under
					 9VAC5-80-970.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-990 - Significant amendment procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be
					 used for requests for permit amendments that do not qualify as minor permit
					 amendments under
					 9VAC5-80-980
					 or as administrative amendments under
					 9VAC5-80-970.
2. Significant amendment procedures shall be
					 used for those permit amendments that:
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 limitation or other
					 standard.
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:
(1) An emissions cap assumed to avoid
					 classification as a modification under the new source review program or §
					 112 of the federal Clean Air Act.
(2) An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-1000 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit may be reopened and revised in any of the following situations:
1. Additional regulatory requirements or
					 changes to existing requirements become applicable to emissions units or
					 pollutants covered by the permit.
2. The department 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 department
					 determines that the permit must be revised to assure compliance with the
					 applicable regulatory requirements or that the conditions of the permit will
					 not be sufficient to meet all of the standards and requirements contained in
					 this article.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-1010 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Permits issued under this article shall be subject to such terms and conditions
					 set forth in the permit as the department may deem necessary to ensure
					 compliance with all applicable standards.
B. Regardless of the provisions of
					 9VAC5-80-950,
					 the department may revoke any permit if the permittee:
1. Knowingly makes material misstatements in
					 the permit application or any amendments to it;
2. Fails to comply with the terms or
					 conditions of the permit;
3. Fails
					 to comply with any emission standards applicable to an emissions unit included
					 in the permit;
4. Causes emissions
					 from the stationary source or emissions unit which result in violations of, or
					 interfere with the attainment and maintenance of, any ambient air quality
					 standard; or fails to operate in conformance with any applicable control
					 strategy, including any emission standards or emission limitations, in the
					 implementation plan in effect at the time that an application is submitted;
					 or
5. Fails to comply with the
					 applicable provisions of Article 6 (9VAC5-80-1100 et
					 seq.), Article 8 (9VAC5-80-1700
					 et seq.), and Article 9 (9VAC5-80-2000 et
					 seq.) of this part.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-1020 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Prior to the decision of the department, permit applications for permits
					 containing provisions that are necessary for the permit to be federally
					 enforceable shall be subject to a public comment period of at least 30
					 days.
B. When a public comment
					 period is required, the department shall notify the public, by advertisement in
					 at least one newspaper of general circulation in the affected air quality
					 control region, of the opportunity for public comment on the information
					 available for public inspection under the provisions of subsection A of this
					 section. The notification shall be published at least 30 days prior to the day
					 of the public hearing.
1. Information on the
					 permit application (exclusive of confidential information under
					 9VAC5-170-60),
					 as well as the preliminary review and analysis and preliminary determination of
					 the department, shall be available for public inspection during the entire
					 public comment period in at least one location in the affected air quality
					 control region.
2. A copy of the
					 notice shall be sent to all affected local air pollution control agencies, to
					 all states sharing the affected air quality control region, to the regional
					 administrator of the U.S. Environmental Protection Agency, and to any other
					 governmental entity required to be notified under state or federal law or
					 regulation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-1030 - General permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 requirements for issuance of a general permit regulation are as follows:
1. The board may issue a general permit
					 regulation covering a stationary source or emissions unit category containing
					 numerous similar stationary sources or emissions units that meet the following
					 criteria:
a. All stationary sources or
					 emissions units in the category shall be essentially the same in terms of
					 operations and processes and emit either the same pollutants or those with
					 similar characteristics.
b.
					 Stationary sources or emissions units shall not be subject to case-by-case
					 standards or requirements.
c.
					 Stationary sources or emissions units shall be subject to the same or
					 substantially similar requirements governing operation, emissions, monitoring,
					 reporting, or recordkeeping.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 5 - State Operating Permits › Section 9VAC5-80-1040

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1100 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except as provided in subsection C of this section, the provisions of this
					 article apply to (i) the construction of any new stationary source or any
					 project (which includes any addition or replacement of an emissions unit, any
					 modification to an emissions unit or any combination of these changes), and
					 (ii) the reduction of any stack outlet elevation at any stationary
					 source.
B. The provisions of this
					 article apply throughout the Commonwealth of Virginia.
C. Except as provided in subdivision 3 of
					 this subsection, the provisions of this article do not apply to any stationary
					 source, emissions unit or facility that is exempt under the provisions of
					 9VAC5-80-1105.
1. Exemption from the requirement to obtain a
					 minor NSR permit shall not relieve any owner of the responsibility to comply
					 with any other applicable provisions of regulations of the board or any other
					 applicable regulations, laws, ordinances and orders of the governmental
					 entities having jurisdiction.
2.
					 Any stationary source, emissions unit or facility which is exempt from the
					 provisions of this article based on the criteria in
					 9VAC5-80-1105
					 but which exceeds the applicability thresholds for any applicable emission
					 standard in 9VAC5-40 (Existing Stationary Sources) if it were an existing
					 source or any applicable standard of performance in 9VAC5-50 (New and Modified
					 Stationary Sources) shall be subject to the more restrictive of the provisions
					 of either the emission standard in 9VAC5-40 (Existing Stationary Sources) or
					 the standard of performance in 9VAC5-50 (New and Modified Stationary
					 Sources).
3. Any new stationary
					 source or project that would be subject to the provisions of this article
					 except for being exempt based on one or more of the criteria in
					 9VAC5-80-1105
					 may opt to be subject to this article notwithstanding the exemptions in
					 9VAC5-80-1105.
					 The provisions of this article shall apply to the new stationary source or
					 project as if the applicable exemption criteria did not apply. Opting in to the
					 minor NSR program shall not affect the applicability of such exemptions to any
					 subsequent project.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1140 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 single application is required identifying at a minimum each emissions unit in
					 the new stationary source or the project, or affected by the stack outlet
					 elevation reduction. The application shall be submitted according to procedures
					 acceptable to the department.
B. A
					 separate application is required for each new stationary source or
					 project.
C. For new stationary
					 sources or for projects with phased development, a single application should be
					 submitted covering the entire new stationary source or project.
D. Any application, form, report, or
					 certification submitted to the department shall comply with the provisions of
					 9VAC5-20-230.
E. Any application submitted pursuant to this
					 article shall contain a certification signed by the applicant as follows:
"I certify that I understand that the existence of a
						minor new source review permit does not shield the source from potential
						enforcement of any regulation of the board governing the major new source
						review program and does not relieve the source of the responsibility to comply
						with any applicable provision of the major new source review program
						regulations."
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1170 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 later than 15 days after receiving the initial determination notification
					 required under
					 9VAC5-80-1160
					 B, the applicant for a minor NSR permit for a new major stationary source shall
					 notify the public of the proposed major stationary source in accordance with
					 subsection B of this section.
B.
					 The public notice required by subsection A of this section shall be placed by
					 the applicant in at least one newspaper of general circulation in the affected
					 air quality control region. The notice shall be approved by the department and
					 shall include the following:
1. The source
					 name, location, and type;
2. The
					 pollutants and the total quantity of each that the applicant estimates will be
					 emitted and a brief statement of the air quality impact of such
					 pollutants;
3. The control
					 technology proposed to be used at the time of the publication of the notice;
					 and
4. The name and telephone
					 number of a contact person employed by the applicant who can answer questions
					 about the proposed source.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1180 - Standards and conditions for granting permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 minor NSR permit will be granted unless it is shown to the satisfaction of the
					 department that the source will comply with the following standards:
1. The source shall be designed, built and
					 equipped to comply with standards of performance prescribed under 9VAC5-50 (New
					 and Modified Stationary Sources) and with emission standards prescribed under
					 9VAC5-60 (Hazardous Air Pollutant Sources);
2. For sources subject to the federal
					 hazardous air pollutant new source review program, the source shall be
					 designed, built, and equipped to comply with the applicable emission standard
					 and other requirements prescribed in 40 CFR Part 61 or 63 or Article 3
					 (9VAC5-60-120 et
					 seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources), as
					 applicable;
3. The source shall be
					 designed, built and equipped to operate without preventing or interfering with
					 the attainment or maintenance of any applicable ambient air quality standard
					 and without causing or exacerbating a violation of any applicable ambient air
					 quality standard; and
4. The source
					 shall be designed, built and equipped to operate without causing a violation of
					 the applicable provisions of regulations of the board or the applicable control
					 strategy portion of the implementation plan.