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 9VAC5-80-2010 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
					 used in this article, all words or terms not defined here shall have the
					 meanings given them in 9VAC5-10 (General Definitions), unless otherwise
					 required by context.
B. For the
					 purpose of this article,
					 9VAC5-50-270,
					 and any related use, the words or terms shall have the meanings given them in
					 subsection C of this section.
C.
					 Terms defined.
"Actual emissions" means the actual rate of emissions of
						a regulated NSR pollutant from an emissions unit, as determined in accordance
						with subdivisions a, b, and c of this definition, except that this definition
						shall not apply for calculating whether a significant emissions increase has
						occurred, or for establishing a PAL under
						9VAC5-80-2144.
						Instead, the definitions of "projected actual emissions" and "baseline actual
						emissions" shall apply for those purposes.
a. In general, actual emissions as of a
					 particular date shall equal the average rate, in tons per year, at which the
					 unit actually emitted the pollutant during a consecutive 24-month period that
					 precedes the particular date and that is representative of normal source
					 operation. The department will allow the use of a different time period upon a
					 determination that it is more representative of normal source operation. Actual
					 emissions shall be calculated using the unit's actual operating hours,
					 production rates, and types of materials processed, stored, or combusted during
					 the selected time period.
b. The
					 department may presume that the source-specific allowable emissions for the
					 unit are equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun
					 normal operations on the particular date, actual emissions shall equal the
					 potential to emit of the unit on that date.
"Actuals PAL for a major stationary source" means a PAL
						based on the baseline actual emissions of all emissions units at the source
						that emit or have the potential to emit the PAL pollutant.
"Administrator" means the administrator of the U.S.
						Environmental Protection Agency (EPA) or an authorized representative.
"Allowable emissions" means the emissions rate of a
						stationary source calculated using the maximum rated capacity of the source
						(unless the source is subject to federally and state enforceable limits that
						restrict the operating rate, hours of operation, or both) and the most
						stringent of the following:
a. The
					 applicable standards set forth in
					 40 CFR Parts
					 60,
					 61, and
					 63;
b. Any applicable implementation plan
					 emissions limitation including those with a future compliance date;
					 or
c. The emissions limit specified
					 as a federally and state enforceable permit condition, including those with a
					 future compliance date.
For the purposes of actuals PALs, "allowable emissions"
						shall also be calculated considering any emission limitations that are
						enforceable as a practical matter on the emissions unit's potential to
						emit.
"Applicable federal requirement" means all of, but not
						limited to, the following as they apply to emissions units in a source subject
						to this article (including requirements that have been promulgated or approved
						by the administrator through rulemaking at the time of permit issuance but have
						future-effective compliance dates):
a.
					 Any standard or other requirement provided for in an implementation plan
					 established pursuant to § 110 or 111(d) of the federal Clean Air Act,
					 including any source-specific provisions such as consent agreements or
					 orders.
b. Any limit or condition
					 in any construction permit issued under the new source review program or in any
					 operating permit issued pursuant to the state operating permit
					 program.
c. Any emission standard,
					 alternative emission standard, alternative emission limitation, equivalent
					 emission limitation, or other requirement established pursuant to § 112 or
					 129 of the federal Clean Air Act as amended in 1990.
d. Any new source performance standard or
					 other requirement established pursuant to § 111 of the federal Clean Air
					 Act, and any emission standard or other requirement established pursuant to
					 § 112 of the federal Clean Air Act before it was amended in
					 1990.
e. Any limitations and
					 conditions or other requirement 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.
f. Any requirement concerning accident
					 prevention under § 112(r)(7) of the federal Clean Air Act.
g. Any compliance monitoring requirements
					 established pursuant to either § 504(b) or 114(a)(3) of the federal Clean
					 Air Act.
h. Any standard or other
					 requirement for consumer and commercial products under § 183(e) of the
					 federal Clean Air Act.
i. Any
					 standard or other requirement for tank vessels under § 183(f) of the
					 federal Clean Air Act.
j. Any
					 standard or other requirement in 40 CFR Part 55 to control air pollution from
					 outer continental shelf sources.
k.
					 Any standard or other requirement of the regulations promulgated to protect
					 stratospheric ozone under Title VI of the federal Clean Air Act, unless the
					 administrator has determined that such requirements need not be contained in a
					 permit issued under this article.
l. With regard to temporary sources subject
					 to 9VAC5-80-130,(i) any ambient air quality standard, except applicable state
					 requirements, and (ii) requirements regarding increments or visibility as
					 provided in Article 8 (9VAC5-80-1605 et
					 seq.) of this part.
"Baseline actual emissions" means the rate of emissions,
						in tons per year, of a regulated NSR pollutant, as determined in accordance
						with the following:
a. For any
					 existing electric utility steam generating unit, baseline actual emissions
					 means the average rate, in tons per year, at which the unit actually emitted
					 the pollutant during any consecutive 24-month period selected by the owner
					 within the five-year period immediately preceding when the owner begins actual
					 construction of the project. The department may allow the use of a different
					 time period upon a determination that it is more representative of normal
					 source operation.
(1) The average rate shall
					 include fugitive emissions to the extent quantifiable, and emissions associated
					 with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted
					 downward to exclude any noncompliant emissions that occurred while the source
					 was operating above any emission limitation that was legally enforceable during
					 the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a
					 project involves multiple emissions units, only one consecutive 24-month period
					 shall be used to determine the baseline actual emissions for the emissions
					 units being changed. A different consecutive 24-month period may be used for
					 each regulated NSR pollutant.
(4)
					 The average rate shall not be based on any consecutive 24-month period for
					 which there is inadequate information for determining annual emissions, in tons
					 per year, and for adjusting this amount if required by subdivision a (2) of
					 this definition.
b. For
					 an existing emissions unit other than an electric utility steam generating
					 unit, baseline actual emissions means the average rate, in tons per year, at
					 which the emissions unit actually emitted the pollutant during any consecutive
					 24-month period selected by the owner within the 10-year period immediately
					 preceding either the date the owner begins actual construction of the project,
					 or the date a complete permit application is received by the department for a
					 permit required either under this section or under a plan approved by the
					 administrator, whichever is earlier, except that the 10-year period shall not
					 include any period earlier than November 15, 1990. The department will allow
					 the use of a different time period upon a determination that it is more
					 representative of normal source operation.
(1)
					 The average rate shall include fugitive emissions to the extent quantifiable,
					 and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted
					 downward to exclude any noncompliant emissions that occurred while the source
					 was operating above any emission limitation that was legally enforceable during
					 the consecutive 24-month period.
(3) The average rate shall be adjusted
					 downward to exclude any emissions that would have exceeded an emission
					 limitation with which the source shall currently comply, had such source been
					 required to comply with such limitations during the consecutive 24-month
					 period. However, if an emission limitation is part of a maximum achievable
					 control technology standard that the administrator proposed or promulgated
					 under 40 CFR Part 63, the baseline actual emissions need only be adjusted if
					 the state has taken credit for such emissions reductions in an attainment
					 demonstration or maintenance plan consistent with the requirements of
					 9VAC5-80-2120
					 K.
(4) For a regulated NSR
					 pollutant, when a project involves multiple emissions units, only one
					 consecutive 24-month period shall be used to determine the baseline actual
					 emissions for the emissions units being changed. A different consecutive
					 24-month period may be used for each regulated NSR pollutant.
(5) The average rate shall not be based on
					 any consecutive 24-month period for which there is inadequate information for
					 determining annual emissions, in tons per year, and for adjusting this amount
					 if required by subdivisions b (2) and b (3) of this definition.
c. For a new emissions unit, the
					 baseline actual emissions for purposes of determining the emissions increase
					 that will result from the initial construction and operation of such unit shall
					 equal zero; and thereafter, for all other purposes, shall equal the unit's
					 potential to emit.
d. For a PAL for
					 a major stationary source, the baseline actual emissions shall be calculated
					 for existing electric utility steam generating units in accordance with the
					 procedures contained in subdivision a of this definition, for other existing
					 emissions units in accordance with the procedures contained in subdivision b of
					 this definition, and for a new emissions unit in accordance with the procedures
					 contained in subdivision c of this definition.
"Begin actual construction" means, in general, initiation
						of physical onsite construction activities on an emissions unit that are of a
						permanent nature. Such activities include installation of building supports and
						foundations, laying of underground pipework, and construction of permanent
						storage structures. With respect to a change in method of operation, this term
						refers to those onsite activities other than preparatory activities which mark
						the initiation of the change.
"Best available control technology" or "BACT" means an
						emissions limitation (including a visible emissions standard) based on the
						maximum degree of reduction for each regulated NSR pollutant that would be
						emitted from any proposed major stationary source or major modification that
						the department, on a case-by-case basis, taking into account energy,
						environmental, and economic impacts and other costs, determines is achievable
						for such source or modification through application of production processes or
						available methods, systems, and techniques, including fuel cleaning or
						treatment or innovative fuel combustion techniques for control of such
						pollutant. In no event shall application of best available control technology
						result in emissions of any pollutant that would exceed the emissions allowed by
						any applicable standard under
						40 CFR Parts
						60,
						61, and
						63. If the department determines
						that technological or economic limitations on the application of measurement
						methodology to a particular emissions unit would make the imposition of an
						emissions standard infeasible, a design, equipment, work practice, operational
						standard, or combination thereof, may be prescribed instead to satisfy the
						requirement for the application of best available control technology. Such
						standard shall, to the degree possible, set forth the emissions reduction
						achievable by implementation of such design, equipment, work practice, or
						operation and shall provide for compliance by means that achieve equivalent
						results.
"Building, structure, facility, or installation" means
						all of the pollutant-emitting activities that belong to the same industrial
						grouping, are located on one or more contiguous or adjacent properties, and are
						under the control of the same person (or persons under common control) except
						the activities of any vessel. Pollutant-emitting activities shall be considered
						as part of the same industrial grouping if they belong to the same "major
						group" (i.e., which have the same two-digit code) as described in the "Standard
						Industrial Classification Manual," as amended by the supplement (see
						9VAC5-20-21)
						.
"Clean coal technology" means any technology, including
						technologies applied at the precombustion, combustion, or post-combustion
						stage, at a new or existing facility that will achieve significant reductions
						in air emissions of sulfur dioxide or nitrogen oxides associated with the
						utilization of coal in the generation of electricity, or process steam that was
						not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project" means a
						project using funds appropriated under the heading "Department of Energy-Clean
						Coal Technology," up to a total amount of $2.5 billion for commercial
						demonstration of clean coal technology, or similar projects funded through
						appropriations for EPA. The federal contribution for a qualifying project shall
						be at least 20% of the total cost of the demonstration project.
"Commence," as applied to construction of a major
						stationary source or major modification, means that the owner has all necessary
						preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous
					 program of actual onsite construction of the source, to be completed within a
					 reasonable time; or
b. Entered into
					 binding agreements or contractual obligations, which cannot be canceled or
					 modified without substantial loss to the owner, to undertake a program of
					 actual construction of the source, to be completed within a reasonable time.
"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.
"Construction" means any physical change in or change in
						the method of operation (including fabrication, erection, installation,
						demolition, or modification of an emissions unit) that would result in a change
						in actual emissions.
"Continuous emissions monitoring system" or "CEMS" means
						all of the equipment that may be required to meet the data acquisition and
						availability requirements of this article, to sample, condition (if
						applicable), analyze, and provide a record of emissions on a continuous
						basis.
"Continuous emissions rate monitoring system" or "CERMS"
						means the total equipment required for the determination and recording of the
						pollutant mass emissions rate (in terms of mass per unit of time).
"Continuous parameter monitoring system" or "CPMS" means
						all of the equipment necessary to meet the data acquisition and availability
						requirements of this article, to monitor process and control device operational
						parameters (e.g., control device secondary voltages and electric currents) and
						other information (e.g., gas flow rate, O2 or
						CO2 concentrations), and to record average operational
						parameter values on a continuous basis.
"Electric utility steam generating unit" means any steam
						electric generating unit that is constructed for the purpose of supplying more
						than one-third of its potential electric output capacity and more than
						25-megawatt electrical output to any utility power distribution system for
						sale. Any steam supplied to a steam distribution system for the purpose of
						providing steam to a steam-electric generator that would produce electrical
						energy for sale is also considered in determining the electrical energy output
						capacity of the affected facility.
"Emissions cap" means any limitation on the rate of
						emissions of any air pollutant from one or more emissions units established and
						identified as an emissions cap in any permit issued pursuant to the new source
						review program or operating permit program.
"Emissions unit" means any part of a stationary source
						that emits or would have the potential to emit any regulated NSR pollutant and
						includes an electric steam generating unit. For purposes of this article, there
						are two types of emissions units:
(i) a
					 new emissions unit is any emissions unit that is (or will be) newly constructed
					 and that has existed for less than two years from the date such emissions unit
					 first operated; and
(ii) an
					 existing emissions unit is any emissions unit that is not a new emissions unit.
					 A replacement unit is an existing emissions unit.
"Enforceable as a practical matter" means that the permit
						contains emission limitations that are enforceable by the department and meet
						the following criteria:
a. Are
					 permanent;
b. Contain a legal
					 obligation for the owner to adhere to the terms and conditions;
c. Do not allow a relaxation of a requirement
					 of the implementation plan;
d. Are
					 technically accurate and quantifiable;
e. Include averaging times or other
					 provisions that allow at least monthly (or a shorter period if necessary to be
					 consistent with the implementation plan) checks on compliance. This may include
					 the following: compliance with annual limits in a rolling basis, monthly or
					 shorter limits, and other provisions consistent with this article and other
					 regulations of the board; and
f.
					 Require a level of recordkeeping, reporting and monitoring sufficient to
					 demonstrate compliance.
"Federal land manager" means, with respect to any lands
						in the United States, the secretary of the department with authority over such
						lands.
"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:
a. 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.
b. 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.
c.
					 All terms and conditions (unless expressly designated as not federally
					 enforceable) in a federal operating permit, including any provisions that limit
					 a source's potential to emit.
d.
					 Limitations and conditions that are part of an implementation plan established
					 pursuant to § 110, 111(d), or 129 of the federal Clean Air Act.
e. Limitations and conditions (unless
					 expressly designated as not federally enforceable) that are part of a federal
					 construction permit issued under
					 40 CFR
					 52.21 or any construction permit issued under
					 regulations approved by EPA into the implementation plan.
f. Limitations and conditions (unless
					 expressly designated as not federally enforceable) that are part of a state
					 operating permit where the permit and the permit program pursuant to which it
					 was issued meet all of the following criteria:
(1) The operating permit program has been
					 approved by EPA into the implementation plan under § 110 of the federal
					 Clean Air Act.
(2) The operating
					 permit program imposes a legal obligation that operating permit holders adhere
					 to the terms and limitations of such permits and provides that permits that do
					 not conform to the operating permit program requirements and the requirements
					 of EPA's underlying regulations may be deemed not "federally enforceable" by
					 EPA.
(3) The operating permit
					 program requires that all emission limitations, controls, and other
					 requirements imposed by such permits will be at least as stringent as any other
					 applicable limitations and requirements contained in the implementation plan or
					 enforceable under the implementation plan, and that the program may not issue
					 permits that waive, or make less stringent, any limitations or requirements
					 contained in or issued pursuant to the implementation plan, or that are
					 otherwise "federally enforceable."
(4) The limitations, controls, and
					 requirements in the permit in question are permanent, quantifiable, and
					 otherwise enforceable as a practical matter.
(5) The permit in question was issued only
					 after adequate and timely notice and opportunity for comment by EPA and the
					 public.
g. Limitations
					 and conditions in a regulation of the board 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.
h. Individual consent agreements that EPA has
					 legal authority to create.
"Federal operating permit" means a permit issued under
						the federal operating permit program.
"Federal operating permit program" means an operating
						permit system (i) for issuing terms and conditions for major stationary
						sources, (ii) established to implement the requirements of Title V of the
						federal Clean Air Act and associated regulations, and (iii) codified in Article
						1 (9VAC5-80-50 et
						seq.), Article 2 (9VAC5-80-310 et
						seq.), Article 3 (9VAC5-80-360 et
						seq.), and Article 4 (9VAC5-80-710 et seq.) of
						this part.
"Fugitive emissions" means those emissions that could not
						reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"Lowest achievable emissions rate" or "LAER" means for
						any source, the more stringent rate of emissions based on the following:
a. The most stringent emissions limitation
					 that is contained in the implementation plan of any state for such class or
					 category of stationary source, unless the owner of the proposed stationary
					 source demonstrates that such limitations are not achievable; or
b. The most stringent emissions limitation
					 that is achieved in practice by such class or category of stationary sources.
					 This limitation, when applied to a modification, means the lowest achievable
					 emissions rate for the new or modified emissions units within the stationary
					 source. In no event shall the application of this term permit a proposed new or
					 modified stationary source to emit any pollutant in excess of the amount
					 allowable under an applicable new source standard of performance.
"Major emissions unit" means (i) any emissions unit that
						emits or has the potential to emit 100 tons per year or more of the PAL
						pollutant in an attainment area; or (ii) any emissions unit that emits or has
						the potential to emit the PAL pollutant in an amount that is equal to or
						greater than the major source threshold for the PAL pollutant for nonattainment
						areas in subdivision a (1) of the definition of "major stationary
						source."
"Major modification"
a. Means any physical change in or change in
					 the method of operation of a major stationary source that would result in (i) a
					 significant emissions increase of a regulated NSR pollutant; and (ii) a
					 significant net emissions increase of that pollutant from the source.
b. Any significant emissions increase from
					 any emissions units or net emissions increase at a source that is considered
					 significant for volatile organic compounds shall be considered significant for
					 ozone.
c. A physical change in or
					 change in the method of operation shall not include the following:
(1) Routine maintenance, repair, and
					 replacement.
(2) Use of an
					 alternative fuel or raw material by reason of an order under § 2 (a) and
					 (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any
					 superseding legislation) or by reason of a natural gas curtailment plan
					 pursuant to the Federal Power Act.
(3) Use of an alternative fuel by reason of
					 an order or rule § 125 of the federal Clean Air Act.
(4) Use of an alternative fuel at a steam
					 generating unit to the extent that the fuel is generated from municipal solid
					 waste.
(5) Use of an alternative
					 fuel or raw material by a stationary source that:
(a) The source was capable of accommodating
					 before December 21, 1976, unless such change would be prohibited under any
					 federally and state enforceable permit condition which was established after
					 December 21, 1976, pursuant to
					 40 CFR
					 52.21 or this chapter; or
(b) The source is approved to use under any
					 permit issued under
					 40 CFR
					 52.21 or this chapter.
(6) An increase in the hours of operation or
					 in the production rate, unless such change is prohibited under any federally
					 and state enforceable permit condition that was established after December 21,
					 1976, pursuant to
					 40 CFR
					 52.21 or this chapter.
(7) Any change in ownership at a stationary
					 source.
(8) The installation,
					 operation, cessation, or removal of a temporary clean coal technology
					 demonstration project, provided that the project complies with:
(a) The applicable implementation plan;
					 and
(b) Other requirements
					 necessary to attain and maintain the national ambient air quality standard
					 during the project and after it is terminated.
d. This definition shall not apply with
					 respect to a particular regulated NSR pollutant when the source is complying
					 with the requirements under
					 9VAC5-80-2144
					 for a PAL for that pollutant. Instead, the definition for "PAL major
					 modification" shall apply.
"Major new source review (NSR) permit" means a permit
						issued under the major new source review program.
"Major new source review (major NSR) program" means a
						preconstruction review and permit program (i) for new major stationary sources
						or major modifications (physical changes or changes in the method of
						operation), (ii) established to implement the requirements of §§ 112,
						165, and 173 of the federal Clean Air Act and associated regulations, and (iii)
						codified in Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1605 et
						seq.), and Article 9 (9VAC5-80-2000 et
						seq.) of this part.
"Major stationary source"
a. Means:
(1) Any stationary source of air pollutants
					 that emits, or has the potential to emit, (i) 100 tons per year or more of a
					 regulated NSR pollutant, (ii) 50 tons per year or more of volatile organic
					 compounds or nitrogen oxides in ozone nonattainment areas classified as serious
					 in
					 9VAC5-20-204,
					 (iii) 25 tons per year or more of volatile organic compounds or nitrogen oxides
					 in ozone nonattainment areas classified as severe in
					 9VAC5-20-204,
					 or (iv) 100 tons per year or more of nitrogen oxides or 50 tons per year of
					 volatile organic compounds in the Ozone Transport Region; or
(2) Any physical change that would occur at a
					 stationary source not qualifying under subdivision a (1) of this definition as
					 a major stationary source if the change would constitute a major stationary
					 source by itself.
b. A
					 major stationary source that is major for volatile organic compounds shall be
					 considered major for ozone.
c. The
					 fugitive emissions of a stationary source shall not be included in determining
					 for any of the purposes of this article whether it is a major stationary
					 source, unless the source belongs to one of the following categories of
					 stationary sources:
(1) Coal cleaning plants
					 (with thermal dryers).
(2) Kraft
					 pulp mills.
(3) Portland cement
					 plants.
(4) Primary zinc
					 smelters.
(5) Iron and steel
					 mills.
(6) Primary aluminum ore
					 reduction plants.
(7) Primary
					 copper smelters.
(8) Municipal
					 incinerators (or combinations of them) capable of charging more than 250 tons
					 of refuse per day.
(9) Hydrofluoric
					 acid plants.
(10) Sulfuric acid
					 plants.
(11) Nitric acid
					 plants.
(12) Petroleum
					 refineries.
(13) Lime
					 plants.
(14) Phosphate rock
					 processing plants.
(15) Coke oven
					 batteries.
(16) Sulfur recovery
					 plants.
(17) Carbon black plants
					 (furnace process).
(18) Primary
					 lead smelters.
(19) Fuel conversion
					 plants.
(20) Sintering
					 plants.
(21) Secondary metal
					 production plants.
(22) Chemical
					 process plants (which shall not include ethanol production facilities that
					 produce ethanol by natural fermentation included in NAICS codes 325193 or
					 312140).
(23) Fossil-fuel boilers
					 (or combination of them) totaling more than 250 million British thermal units
					 per hour heat input.
(24) Petroleum
					 storage and transfer units with a total storage capacity exceeding 300,000
					 barrels.
(25) Taconite ore
					 processing plants.
(26) Glass fiber
					 manufacturing plants.
(27) Charcoal
					 production plants.
(28) Fossil fuel
					 steam electric plants of more than 250 million British thermal units per hour
					 heat input.
(29) Any other
					 stationary source category, which as of August 7, 1980, is being regulated
					 under 40 CFR Part 60,
					 61, or
					 63.
"Minor new source review (NSR) permit" means a permit
						issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a
						preconstruction review and permit program (i) for new stationary sources or
						modifications (physical changes or changes in the method of operation) that are
						not subject to review under the major new source review program, (ii)
						established to implement the requirements of §§ 110(a)(2)(C) and 112
						of the federal Clean Air Act and associated regulations, and (iii) codified in
						Article 6 (9VAC5-80-1100 et
						seq.) of this part.
"Necessary preconstruction approvals or permits" means
						those permits required under the NSR program that are part of the applicable
						implementation plan.
"Net emissions increase" means:
a. With respect to any regulated NSR
					 pollutant emitted by a major stationary source, the amount by which the sum of
					 the following exceeds zero:
(1) The increase
					 in emissions from a particular physical change or change in the method of
					 operation at a stationary source as calculated pursuant to
					 9VAC5-80-2000 H;
					 and
(2) Any other increases and
					 decreases in actual emissions at the major stationary source that are
					 contemporaneous with the particular change and are otherwise creditable.
					 Baseline actual emissions for calculating increases and decreases under this
					 subdivision shall be determined as provided in the definition of "baseline
					 actual emissions," except that subdivisions a (3) and b (4) of that definition
					 shall not apply.
b. An
					 increase or decrease in actual emissions is contemporaneous with the increase
					 from the particular change only if it occurs before the date that the increase
					 from the particular change occurs. For sources located in ozone nonattainment
					 areas classified as serious or severe in
					 9VAC5-20-204,
					 an increase or decrease in actual emissions of volatile organic compounds or
					 nitrogen oxides is contemporaneous with the increase from the particular change
					 only if it occurs during a period of five consecutive calendar years which
					 includes the calendar year in which the increase from the particular change
					 occurs.
c. An increase or decrease
					 in actual emissions is creditable only if:
(1)
					 It occurs between the date five years before construction on the particular
					 change commences and the date that the increase from the particular change
					 occurs; and
(2) The department has
					 not relied on it in issuing a permit for the source pursuant to this article
					 which permit is in effect when the increase in actual emissions from the
					 particular change occurs.
d. An increase in actual emissions is
					 creditable only to the extent that the new level of actual emissions exceeds
					 the old level.
e. A decrease in
					 actual emissions is creditable only to the extent that:
(1) The old level of actual emissions or the
					 old level of allowable emissions, whichever is lower, exceeds the new level of
					 actual emissions;
(2) It is
					 enforceable as a practical matter at and after the time that actual
					 construction on the particular change begins;
(3) The department has not relied on it in
					 issuing any permit pursuant to this chapter or the department has not relied on
					 it in demonstrating attainment or reasonable further progress in the
					 implementation plan; and
(4) It has
					 approximately the same qualitative significance for public health and welfare
					 as that attributed to the increase from the particular change.
f. An increase that results from a
					 physical change at a source occurs when the emissions unit on which
					 construction occurred becomes operational and begins to emit a particular
					 pollutant. Any replacement unit that requires shakedown becomes operational
					 only after a reasonable shakedown period, not to exceed 180 days.
g. Subdivision a of the definition of "actual
					 emissions" shall not apply for determining creditable increases and decreases
					 or after a change.
"New source performance standard" or "NSPS" means the
						U.S. Environmental Protection Agency Regulations on Standards of Performance
						for New Stationary Sources, as promulgated in 40 CFR Part 60 and designated in
						9VAC5-50-410.
"New source review (NSR) permit" means a permit issued
						under the new source review program.
"New source review (NSR) program" means a preconstruction
						review and permit program (i) for new stationary sources or modifications
						(physical changes or changes in the method of operation); (ii) established to
						implement the requirements of §§ 110(a)(2)(C), 112 (relating to
						permits for hazardous air pollutants), 165 (relating to permits in prevention
						of significant deterioration areas), and 173 (relating to permits in
						nonattainment areas) of the federal Clean Air Act and associated regulations;
						and (iii) codified in Article 6 (9VAC5-80-1100 et
						seq.), Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1605 et
						seq.), and Article 9 (9VAC5-80-2000 et
						seq.) of this part.
"Nonattainment major new source review (NSR) program"
						means a preconstruction review and permit program (i) for new major stationary
						sources or major modifications (physical changes or changes in the method of
						operation), (ii) established to implement the requirements of § 173 of the
						federal Clean Air Act and associated regulations, and (iii) codified in Article
						9 (9VAC5-80-2000 et
						seq.) of this part. Any permit issued under such a program is a major NSR
						permit.
"Nonattainment pollutant" means, within a nonattainment
						area, the pollutant for which such area is designated nonattainment. For ozone
						nonattainment areas, the nonattainment pollutants shall be volatile organic
						compounds (including hydrocarbons) and nitrogen oxides.
"Ozone transport region" means the area established by
						§ 184(a) of the federal Clean Air Act or any other area established by the
						administrator pursuant to § 176A of the federal Clean Air Act for purposes
						of ozone. For the purposes of this article, the Ozone Transport Region consists
						of the following localities: Arlington County, Fairfax County, Loudoun County,
						Prince William County, Stafford County, Alexandria City, Fairfax City, Falls
						Church City, Manassas City, and Manassas Park City.
"Plantwide applicability limitation" or "PAL" means an
						emission limitation expressed in tons per year, for a pollutant at a major
						stationary source, that is enforceable as a practical matter and established
						sourcewide in accordance with
						9VAC5-80-2144.
"PAL effective date" generally means the date of issuance
						of the PAL permit. However, the PAL effective date for an increased PAL is the
						date any emissions unit that is part of the PAL major modification becomes
						operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with
						the PAL effective date and ending 10 years later.
"PAL major modification" means, notwithstanding the
						definitions for "major modification" and "net emissions increase," any physical
						change in or change in the method of operation of the PAL source that causes it
						to emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the state operating permit issued by
						the department that establishes a PAL for a major stationary source.
"PAL pollutant" means the pollutant for which a PAL is
						established at a major stationary source.
"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
						the effect it would have on emissions is federally and state enforceable.
						Secondary emissions do not count in determining the potential to emit of a
						stationary source. For the purposes of actuals PALs, 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 the effect it
						would have on emissions is federally enforceable or enforceable as a practical
						matter by the state.
"Predictive emissions monitoring system" or "PEMS" means
						all of the equipment necessary to monitor process and control device
						operational parameters (e.g., control device secondary voltages and electric
						currents) and other information (e.g., gas flow rate, O2
						or CO2 concentrations), and calculate and record the
						mass emissions rate (e.g., pounds per hour) on a continuous basis.
"Prevention of significant deterioration (PSD) program"
						means a preconstruction review and permit program (i) for new major stationary
						sources or major modifications (physical changes or changes in the method of
						operation), (ii) established to implement the requirements of § 165 of the
						federal Clean Air Act and associated regulations, and (iii) codified in Article
						8 (9VAC5-80-1605 et
						seq.) of this part.
"Project" means a physical change in or change in the
						method of operation of an existing major stationary source.
"Projected actual emissions" means the maximum annual
						rate, in tons per year, at which an existing emissions unit is projected to
						emit a regulated NSR pollutant in any one of the five years (12-month period)
						following the date the unit resumes regular operation after the project, or in
						any one of the 10 years following that date, if the project involves increasing
						the emissions unit's design capacity or its potential to emit of that regulated
						NSR pollutant and full utilization of the unit would result in a significant
						emissions increase or a significant net emissions increase at the source. In
						determining the projected actual emissions before beginning actual
						construction, the owner shall:
a.
					 Consider all relevant information, including but not limited to historical
					 operational data, the company's own representations, the company's expected
					 business activity and the company's highest projections of business activity,
					 the company's filings with the state or federal regulatory authorities, and
					 compliance plans under the approved plan;
b. Include fugitive emissions to the extent
					 quantifiable, and emissions associated with startups, shutdowns, and
					 malfunctions; and
c. Exclude, in
					 calculating any increase in emissions that results from the particular project,
					 that portion of the unit's emissions following the project that an existing
					 unit could have emitted during the consecutive 24-month period used to
					 establish the baseline actual emissions and that are also unrelated to the
					 particular project, including any increased utilization due to product demand
					 growth, provided such exclusion shall not reduce any calculated increases in
					 emissions that are caused by, result from, or are related to the particular
					 project; or
d. In lieu of using the
					 method set out in subdivisions a, b, and c of this definition, may elect to use
					 the emissions unit's potential to emit, in tons per year, as defined under the
					 definition of "potential to emit."
"Public comment period" means a time during which the
						public shall have the opportunity to comment on the new or modified source
						permit application information (exclusive of confidential information), the
						preliminary review and analysis of the effect of the source upon the ambient
						air quality, and the preliminary decision of the department regarding the
						permit application.
"Reasonable further progress" means the annual
						incremental reductions in emissions of a given air pollutant (including
						substantial reductions in the early years following approval or promulgation of
						an implementation plan and regular reductions thereafter) that are sufficient
						in the judgment of the department to provide for attainment of the applicable
						ambient air quality standard within a specified nonattainment area by the
						attainment date prescribed in the implementation plan for such area.
"Reasonably available control technology" or "RACT" means
						the lowest emission limit that a particular source is capable of meeting by the
						application of control technology that is reasonably available, considering
						technological and economic feasibility.
"Regulated NSR pollutant" means any of the
						following:
a. Nitrogen oxides or any
					 volatile organic compound.
b. Any
					 pollutant for which an ambient air quality standard has been
					 promulgated.
c. Any pollutant that
					 is identified under this subdivision as a constituent or precursor of a general
					 pollutant listed under subdivision a or b of this definition, provided that
					 such constituent or precursor pollutant may only be regulated under this
					 article as part of regulation of the general pollutant. Precursors identified
					 for purposes of this article shall be the following:
(1) Volatile organic compounds and nitrogen
					 oxides are precursors to ozone in all ozone nonattainment areas.
(2) Sulfur dioxide, nitrogen oxides, volatile
					 organic compounds, and ammonia are precursors to PM2.5
					 in any PM2.5 nonattainment area.
(3) Nitrogen oxides are presumed to be
					 precursors to PM2.5 in all PM2.5
					 nonattainment areas, unless the department determines that emissions of
					 nitrogen oxides from sources in a specific area are not a significant
					 contributor to that area's ambient PM2.5
					 concentrations.
(4) Volatile
					 organic compounds and ammonia are presumed not to be precursors to
					 PM2.5 in any PM2.5 nonattainment
					 area, unless the department determines that emissions of volatile organic
					 compounds or ammonia from sources in a specific area are a significant
					 contributor to that area's ambient PM2.5
					 concentrations.
d.
					 PM2.5 emissions and PM10
					 emissions shall include gaseous emissions from a source or activity that
					 condense to form particulate matter at ambient temperatures. On or after
					 January 1, 2011, such condensable particulate matter shall be accounted for in
					 applicability determinations and in establishing emissions limitations for
					 PM2.5 and PM10 in permits issued
					 under this article. Compliance with emissions limitations for
					 PM2.5 and PM10 issued prior to
					 this date shall not be based on condensable particulate matter unless required
					 by the terms and conditions of the permit. Applicability determinations made
					 prior to this date without accounting for condensable particulate matter shall
					 not be considered in violation of this article.
"Replacement unit" means an emissions unit for which all
						the following criteria are met. No creditable emission reductions shall be
						generated from shutting down the existing emissions unit that is
						replaced.
a. The emissions unit is a
					 reconstructed unit within the meaning of
					 40 CFR
					 60.15(b)(1), or the
					 emissions unit completely takes the place of an existing emissions
					 unit.
b. The emissions unit is
					 identical to or functionally equivalent to the replaced emissions
					 unit.
c. The replacement does not
					 alter the basic design parameters of the process unit.
d. The replaced emissions unit is permanently
					 removed from the major stationary source, otherwise permanently disabled, or
					 permanently barred from operation by a permit that is enforceable as a
					 practical matter. If the replaced emissions unit is brought back into
					 operation, it shall constitute a new emissions unit.
"Secondary emissions" means emissions that would occur as
						a result of the construction or operation of a major stationary source or major
						modification, but do not come from the major stationary source or major
						modification itself. For the purpose of this article, secondary emissions shall
						be specific, well defined, quantifiable, and affect the same general area as
						the stationary source or modification which causes the secondary emissions.
						Secondary emissions include emissions from any off-site support facility that
						would not be constructed or increase its emissions except as a result of the
						construction or operation of the major stationary source or major modification.
						Secondary emissions do not include any emissions that come directly from a
						mobile source, such as emissions from the tailpipe of a motor vehicle, from a
						train, or from a vessel.
"Significant" means, in reference to a net emissions
						increase or the potential of a source to emit any of the following pollutants,
						a rate of emissions that would equal or exceed any of the following
						rates:
a. Ozone
					 nonattainment areas classified as serious or severe in
					 9VAC5-20-204.
POLLUTANT
EMISSIONS RATE
Carbon Monoxide
100 tons per year (tpy)
Nitrogen Oxides
25 tpy
Sulfur Dioxide
40 tpy
PM10
15 tpy
PM2.5
10 tpy of direct PM2.5
								  emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
								  emissions unless demonstrated not to be a PM2.5
								  precursor under the definition of "regulated NSR pollutant"
Ozone
25 tpy of volatile organic compounds
Lead
0.6 tpy
b. Other nonattainment areas.
POLLUTANT
EMISSIONS RATE
Carbon Monoxide
100 tons per year (tpy)
Nitrogen Oxides
40 tpy
Sulfur Dioxide
40 tpy
PM10
15 tpy
PM2.5
10 tpy of direct PM2.5
									 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
									 emissions unless demonstrated not to be a PM2.5
									 precursor under the definition of "regulated NSR pollutant"
Ozone
40 tpy of volatile organic compounds
Lead
0.6 tpy
"Significant emissions increase" means, for a regulated
						NSR pollutant, an increase in emissions that is significant for that
						pollutant.
"Significant emissions unit" means an emissions unit that
						emits or has the potential to emit a PAL pollutant in an amount that is equal
						to or greater than the significant level for that PAL pollutant, but less than
						the amount that would qualify the unit as a major emissions unit.
"Small emissions unit" means an emissions unit that emits
						or has the potential to emit the PAL pollutant in an amount less than the
						significant level for that PAL pollutant.
"State enforceable" means all limitations and conditions
						that are enforceable as a practical matter, including any regulation of the
						board, those requirements developed pursuant to
						9VAC5-170-160,
						requirements within any applicable order or variance, and any permit
						requirements established pursuant to this chapter.
"State operating permit" means a permit issued under the
						state operating permit program.
"State operating permit program" means an operating
						permit program (i) for issuing limitations and conditions for stationary
						sources, (ii) promulgated to meet 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,
						and (iii) codified in Article 5 (9VAC5-80-800 et
						seq.) of this part.
"Stationary source" means any building, structure,
						facility, or installation that emits or may emit a regulated NSR
						pollutant.
"Synthetic minor" means a stationary source whose
						potential to emit is constrained by state-enforceable and federally enforceable
						limits, so as to place that stationary source below the threshold at which it
						would be subject to permit or other requirements governing major stationary
						sources in regulations of the board or in the federal Clean Air Act.
"Temporary clean coal technology demonstration project"
						means a clean coal technology demonstration project that is operated for a
						period of five years or less, and that complies with the applicable
						implementation plan and other requirements necessary to attain and maintain the
						national ambient air quality standards during the project and after it is
						terminated.