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 9VAC5-80-810 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 the purpose of this article and subsequent amendments or any orders issued by
					 the department, the words or terms shall have the meaning given them in
					 subsection C of this section.
B. As
					 used in this article, all terms not defined here shall have the meaning given
					 them in General Definitions (9VAC5-10), unless otherwise required by
					 context.
C. Terms defined.
"Actual emissions" means the actual rate of emissions of
						a pollutant from any stationary source or emissions unit. In general, actual
						emissions as of a particular date shall equal the highest annual rate, in tons
						per calendar year, at which the stationary source or emissions unit actually
						emitted a pollutant during the consecutive five-year period which precedes the
						particular date and which is representative of normal stationary source or
						emissions unit operation. The department may allow the use of a different
						historical time period upon a determination that it is more representative of
						normal stationary source or emissions unit operation. Actual emissions shall be
						calculated using the stationary source's or emissions unit's actual operating
						hours, production rates, and types of materials processed, stored, or combusted
						during the selected time period.
"Allowable emissions" means the emission rates of a
						stationary source or emissions unit calculated by using the maximum rated
						capacity of the emissions units within the stationary source or emissions unit
						(unless the stationary source or emissions unit is subject to state or
						federally enforceable limits which restrict the operating rate or hours of
						operation or both) and the most stringent of the following:
1. Applicable emission standards;
2. The emission limitation specified as a
					 state or federally enforceable permit condition, including those with a future
					 compliance date; or
3. Any other
					 applicable emission limitation, including those with a future compliance date.
"Complete application" or "complete request" means that
						the application or request contains all the information necessary for
						processing the application or request. Designating an application or request
						complete for purposes of permit processing does not preclude the department
						from requesting or accepting additional information.
"Contributing to a violation" means, in reference to the
						potential of a stationary source or emissions unit to emit any of the following
						pollutants, an air quality impact greater than any of the following
						amounts:
Carbon monoxide -- 500
						µg/m3, 8-hour average
Carbon monoxide -- 2,000
						µg/m3, 1-hour average
Nitrogen dioxide -- 1
						µg/m3, annual average
PM10 -- 1
						µg/m3, annual average
PM10 -- 5
						µg/m3, 24-hour average
Sulfur dioxide -- 1
						µg/m3, annual average
Sulfur dioxide -- 5
						µg/m3, 24-hour average
Sulfur dioxide -- 25
						µg/m3, 3-hour average
"Emissions cap" means any limitation on the rate of
						emissions of any regulated 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
						which emits or would have the potential to emit any regulated air
						pollutant.
"Enforceable as a practical matter" means that the permit
						contains emission limitations that are enforceable by the department and meet
						the following criteria:
1. Are
					 permanent.
2. Contain a legal
					 obligation for the owner to adhere to the terms and conditions.
3. Do not allow a relaxation of a requirement
					 of the implementation plan.
4. Are
					 technically accurate and quantifiable.
5. Identify an averaging time that allows at
					 least monthly (or a shorter period if necessary to be consistent with the
					 implementation plan) checks on compliance.
6. Require a level of recordkeeping,
					 reporting and monitoring sufficient to demonstrate compliance.
"Existing stationary source" means any stationary source
						other than a new source.
"Federally enforceable" means all limitations and
						conditions which 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,
						but are not limited to, the following:
1. Emission standards, alternative emission
					 standards, alternative emission limitations and equivalent emission limitations
					 established pursuant to § 112 of the federal Clean Air Act as amended in
					 1990.
2. New source performance
					 standards established pursuant to § 111 of the federal Clean Air Act and
					 emission standards established pursuant to § 112 of the federal Clean Air
					 Act before it was amended in 1990.
3. All terms and conditions in an operating
					 permit issued pursuant to a program approved by the U.S. Environmental
					 Protection Agency in accordance with 40 CFR Part 70, including any provisions
					 that limit a source's potential to emit, unless expressly designated as not
					 federally enforceable.
4.
					 Limitations and conditions that are part of the implementation plan.
5. Limitations and conditions that are part
					 of a permit issued under the new source review program.
6. Limitations and conditions that are part
					 of an operating permit issued pursuant to a program approved by the U.S.
					 Environmental Protection Agency into an implementation plan as meeting the U.S.
					 Environmental Protection Agency's minimum criteria for federal enforceability,
					 including adequate notice and opportunity for the U.S. Environmental Protection
					 Agency and public comment prior to issuance of the final permit and practicable
					 enforceability.
7. Limitations and
					 conditions in a regulation of the board or in a Virginia program that has been
					 approved by the U.S. Environmental Protection Agency under subpart E of 40 CFR
					 Part 63 for the purposes of implementing and enforcing § 112 of the
					 federal Clean Air Act.
8.
					 Individual consent agreements that the U.S. Environmental Protection Agency has
					 legal authority to create.
"General permit" means a permit issued under this article
						that meets the requirements of
						9VAC5-80-1030.
"Major stationary source" means any stationary source
						which emits, or has the potential to emit, 100 tons or more per year of any
						regulated air pollutant.
"New source" means any stationary source (or portion of
						it), the construction or relocation of which commenced on or after March 17,
						1972, and any stationary source (or portion of it), the reconstruction of which
						commenced on or after December 10, 1976.
"New source review program" means a program for the
						preconstruction review and permitting of new sources or emissions units or
						expansions to existing ones in accordance with regulations promulgated to
						implement the requirements of §§ 110(a)(2)(C), 165 (relating to
						permits in prevention of significant deterioration areas) and 173 (relating to
						permits in nonattainment areas) of the federal Clean Air Act.
"Nonattainment condition" means a condition where any
						area is shown by air quality monitoring data or which is shown by an air
						quality impact analysis (using modeling or other methods determined by the
						department to be reliable) to exceed the levels allowed by the ambient air
						quality standard for a given pollutant, regardless of whether such
						demonstration is based on current or future emissions data.
"Owner" means any person, including bodies politic and
						corporate, associations, partnerships, personal representatives, trustees and
						committees, as well as individuals, who owns, leases, operates, controls or
						supervises a stationary source.
"Potential to emit" means the maximum capacity of a
						stationary source or emissions unit to emit a pollutant under its physical and
						operational design. Any physical or operational limitation on the capacity of
						the stationary source or emissions unit 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 if the limitation or the effect it would have on emissions
						is state or federally enforceable. Secondary emissions do not count in
						determining the potential to emit of a stationary source or emissions
						unit.
"Regulated air pollutant" means any of the
						following:
1. Nitrogen oxides or any
					 volatile organic compound.
2. Any
					 pollutant for which an ambient air quality standard has been
					 promulgated.
3. Any pollutant
					 subject to any standard promulgated under § 111 of the federal Clean Air
					 Act.
4. Any Class I or II substance
					 subject to a standard promulgated under or established by Title VI of the
					 federal Clean Air Act concerning stratospheric ozone protection.
5. Any pollutant subject to a standard
					 promulgated under or other requirements established under § 112 of the
					 federal Clean Air Act concerning hazardous air pollutants and any pollutant
					 regulated under Subpart C of 40 CFR 68.
6. Any pollutant subject to a regulation
					 adopted by the board.
7. Any
					 pollutant subject to regulation under the Virginia Air Pollution Control Law.
"Secondary emissions" means emissions which would occur
						as a result of the construction or operation of a major stationary source, but
						do not come from the major stationary source itself. Secondary emissions
						include emissions from any offsite support facility which would not be
						constructed or increase its emissions except as a result of the construction or
						operation of the major stationary source. Secondary emissions do not include
						any emissions which come directly from a mobile source, such as emissions from
						the tailpipe of a motor vehicle, from a train, or from a vessel.
"State-enforceable" means all limitations and conditions
						which are enforceable as a practical matter, including those requirements
						developed pursuant to
						9VAC5-170-160,
						requirements within any applicable order, regulation of the board, or variance,
						and any permit requirements established pursuant to 9VAC5 Chapter 80
						(9VAC5-80-10 et seq.).
"Stationary source" means any building, structure,
						facility or installation which emits or may emit any air pollutant. A
						stationary source shall include all of the pollutant-emitting activities which
						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 (see
						9VAC5-20-21).
"Synthetic minor" means a stationary source whose
						potential to emit is constrained by state-enforceable limits, by federally
						enforceable limits, or by both so as to place that stationary source below the
						threshold at which it would be subject to permit or other requirements in
						regulations of the board or in the federal Clean Air
						Act.