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 9VAC5-80-370 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
As used in this article and related permits and orders
						issued by the department, all words and terms not defined herein shall have the
						meaning given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.),
						unless the context clearly indicates otherwise; otherwise, words and terms
						shall have the following meanings:
"Acid rain compliance option" means one of the methods of
						compliance used by an affected unit under the acid rain program as described in
						a compliance plan submitted and approved in accordance with
						9VAC5-80-450
						or 40 CFR Part 76.
"Acid rain compliance plan" means the document submitted
						for an affected source in accordance with
						9VAC5-80-430
						specifying the method or methods (including one or more acid rain compliance
						options under
						9VAC5-80-450
						or 40 CFR Part 76) by which each affected unit at the source will meet the
						applicable acid rain emissions limitation and acid rain emissions reduction
						requirements.
"Acid rain emissions limitation" means:
1. For the purposes of sulfur dioxide emissions:
a. The tonnage equivalent of the allowances authorized to
						be allocated to an affected unit for use in a calendar year under §§
						404(a)(1), (a)(3), and (h) of the federal Clean Air Act, or the basic Phase II
						allowance allocations authorized to be allocated to an affected unit for use in
						a calendar year, or the allowances authorized to be allocated to an opt-in
						source under § 410 of the federal Clean Air Act for use in a calendar
						year;
b. As adjusted:
(1) By allowances allocated by the administrator pursuant
						to §§ 403, 405(a)(2), (a)(3), (b)(2), (c)(4), (d)(3), and (h)(2), and
						406 of the federal Clean Air Act;
(2) By allowances allocated by the administrator pursuant
						to Subpart D of 40 CFR Part 72; and thereafter
(3) By allowance transfers to or from the compliance
						subaccount for that unit that were recorded or properly submitted for
						recordation by the allowance transfer deadline as provided in
						40
						CFR 73.35, after deductions and other
						adjustments are made pursuant to
						40 CFR
						73.34(c); and
2. For purposes of nitrogen oxides emissions, the
						applicable limitation established by 40 CFR Part 76, as modified by an acid
						rain permit application submitted to the department, and an acid rain permit
						issued by the department, in accordance with 40 CFR Part 76.
"Acid rain emissions reduction requirement" means a
						requirement under the acid rain program to reduce the emissions of sulfur
						dioxide or nitrogen oxides from a unit to a specified level or by a specified
						percentage.
"Acid rain permit" or "permit" means the legally binding
						written document, or portion of such document, issued by the department
						(following an opportunity for appeal pursuant to 40 CFR Part 78 or the
						Administrative Process Act), including any permit revisions, specifying the
						acid rain program requirements applicable to an affected source, to each
						affected unit at an affected source, and to the owners and operators and the
						designated representative of the affected source or the affected unit.
"Acid rain program" means the national sulfur dioxide and
						nitrogen oxides air pollution control and emissions reduction program
						established in accordance with Title IV of the federal Clean Air Act,
						40 CFR Parts
						73,
						74,
						75,
						76,
						77, and
						78, and this article.
"Acid rain program regulations" means regulations
						implementing Title IV of the federal Clean Air Act, including
						40 CFR Parts
						73,
						74,
						75,
						76,
						77, and
						78, and this article.
"Actual sulfur dioxide emissions rate" means the annual
						average sulfur dioxide emissions rate for the unit (expressed in lb/mmBtu), for
						the specified calendar year; provided that, if the unit is listed in the NADB,
						the "1985 actual sulfur dioxide emissions rate" for the unit shall be the rate
						specified by the administrator in the NADB under the data field
						"SO2RTE."
"Administrative record" means the written documentation
						that supports the issuance or denial of the acid rain permit and that contains
						the following:
1. The permit application and any supporting or
						supplemental data submitted by the designated representative.
2. The draft permit.
3. The statement of basis.
4. Copies of any documents cited in the statement of
						basis and any other documents relied on by the department in issuing or denying
						the draft permit (including any records of discussions or conferences with
						owners, operators, or the designated representative of affected units at the
						source or interested persons regarding the draft permit), or, for any such
						documents that are readily available, a list of those documents and a statement
						of their location.
5. Copies of all written public comments submitted on the
						draft permit or denial of a draft permit.
6. The record of any public hearing on the draft permit
						or denial of a draft permit.
7. The acid rain permit.
8. Any response to public comments submitted on the draft
						permit or denial of a draft permit and copies of any documents cited in the
						response and any other documents relied on by the department to issue or deny
						the acid rain permit, or, for any such documents that are readily available, a
						list of those documents and a statement of their location.
"Affected source" means a source that includes one or
						more affected units.
"Affected states" means all states (i) whose air quality
						may be affected by the permitted source and that are contiguous to Virginia or
						(ii) that are within 50 miles of the permitted source.
"Affected unit" means a unit that is subject to any acid
						rain emissions reduction requirement or acid rain emissions limitation.
						Affected units are specifically designated in
						9VAC5-80-380.
"Allocate" or "allocation" means the initial crediting of
						an allowance by the administrator to an allowance tracking system unit account
						or general account.
"Allowable emissions" means the emission rates of an
						affected source calculated by using the maximum rated capacity of the emissions
						units within the source (unless the source is subject to state or federally
						enforceable limits which restrict the operating rate or hours of operation of
						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.
3. Any other applicable emission limitation, including
						those with a future compliance date.
"Allowance" means an authorization by the administrator
						under the acid rain program to emit up to one ton of sulfur dioxide during or
						after a specified calendar year.
"Allowance deduction" or "deduct" (when referring to
						allowances) means the permanent withdrawal of allowances by the administrator
						from an allowance tracking system compliance subaccount, or future year
						subaccount, to account for the number of the tons of sulfur dioxide emissions
						from an affected unit for the calendar year, for tonnage emissions estimates
						calculated for periods of missing data as provided in 40 CFR Part 75, or for
						any other allowance surrender obligations of the acid rain program.
"Allowances held" or "hold allowances" means the
						allowances recorded by the administrator, or submitted to the administrator for
						recordation in accordance with
						40 CFR
						73.50, in an allowance tracking system
						account.
"Allowance tracking system" means the acid rain program
						system by which the administrator allocates, records, deducts, and tracks
						allowances.
"Allowance tracking system account" means an account in
						the allowance tracking system established by the administrator for purposes of
						allocating, holding, transferring, and using allowances.
"Allowance transfer deadline" means midnight of January
						30 or, if January 30 is not a business day, midnight of the first business day
						thereafter and is the deadline by which allowances may be submitted for
						recordation in an affected unit's compliance subaccount for the purposes of
						meeting the unit's acid rain emissions limitation requirements for sulfur
						dioxide for the previous calendar year.
"Applicable federal requirement" means all of 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):
1. Any standard or other requirement provided for in the
						implementation plan, including any source-specific provisions such as consent
						agreements or orders.
2. Any term or condition of any preconstruction permit
						issued pursuant to the new source review program or of any operating permit
						issued pursuant to the state operating permit program, except for terms or
						conditions derived from applicable state requirements.
3. Any standard or other requirement prescribed under the
						Regulations for the Control and Abatement of Air Pollution, particularly the
						provisions of 9VAC5 Chapter 40 (9VAC5-40-10 et
						seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et
						seq.), or 9VAC5 Chapter 60 (9VAC5-60-10 et
						seq.), adopted pursuant to requirements of the federal Clean Air Act or under
						§ 111, 112 or 129 of the federal Clean Air Act.
4. Any requirement concerning accident prevention under
						§ 112(r)(7) of the federal Clean Air Act.
5. Any standard or other requirement of the acid rain
						program under Title IV of the federal Clean Air Act or the acid rain program
						regulations.
6. Any compliance monitoring requirements established
						pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air
						Act or the Regulations for the Control and Abatement of Air Pollution.
7. Any standard or other requirement for consumer and
						commercial products under § 183(e) of the federal Clean Air Act.
8. Any standard or other requirement for tank vessels
						under § 183(f) of the federal Clean Air Act.
9. Any standard or other requirement in 40 CFR Part 55 to
						control air pollution from outer continental shelf sources.
10. 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.
"Applicable requirement" means any applicable federal
						requirement or any applicable state requirement included in a permit issued
						under this article as provided in
						9VAC5-80-700.
"Applicable state requirement" means all of the following
						as they apply to emissions units in a source subject to this article (including
						requirements that have been promulgated or approved through rulemaking at the
						time of permit issuance but have future effective compliance dates):
1. Any standard or other requirement prescribed by any
						regulation of the board that is not included in the definition of applicable
						federal requirement.
2. Any regulatory provision or definition directly
						associated with or related to any of the state requirements listed in this
						definition.
"Authorized account representative" means a responsible
						natural person who is authorized, in accordance with 40 CFR Part 73, to
						transfer and otherwise dispose of allowances held in an allowance tracking
						system general account; or, in the case of a unit account, the designated
						representative of the owners and operators of the affected unit.
"Basic Phase II allowance allocations" means:
1. For calendar years 2000 through 2009 inclusive,
						allocations of allowances made by the administrator pursuant to § 403
						(sulfur dioxide allowance program for existing and new units) and §§
						405(b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5);
						(e); (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i); and (j) (Phase II sulfur
						dioxide requirements) of the federal Clean Air Act.
2. For each calendar year beginning in 2010, allocations
						of allowances made by the administrator pursuant to § 403 (sulfur dioxide
						allowance program for existing and new units) and §§ 405(b)(1), (3),
						and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e); (f);
						(g)(1), (2), (3), (4), and (5); (h)(1) and (3); (i); and (j) (Phase II sulfur
						dioxide requirements) of the federal Clean Air Act.
"Boiler" means an enclosed fossil or other fuel-fired
						combustion device used to produce heat and to transfer heat to recirculating
						water, steam, or any other medium.
"Certificate of representation" means the completed and
						signed submission required by
						40
						CFR 72.20, for certifying the appointment of
						a designated representative for an affected source or a group of identified
						affected sources authorized to represent the owners and operators of such
						source or sources and of the affected units at such source or sources with
						regard to matters under the acid rain program.
"Certifying official" means:
1. For a corporation, a president, secretary, treasurer,
						or vice-president of the corporation in charge of a principal business
						function, or any other person who performs similar policy or decision-making
						functions for the corporation;
2. For partnership or sole proprietorship, a general
						partner or the proprietor, respectively; and
3. For a local government entity or state, federal, or
						other public agency, either a principal executive officer or ranking elected
						official.
"Coal" means all solid fuels classified as anthracite,
						bituminous, subbituminous, or lignite by the American Society for Testing and
						Materials publication, "Standard Classification of Coals by Rank" (see
						9VAC5-20-21).
"Coal-derived fuel" means any fuel, whether in a solid,
						liquid, or gaseous state, produced by the mechanical, thermal, or chemical
						processing of coal (e.g., pulverized coal, coal refuse, liquified or gasified
						coal, washed coal, chemically cleaned coal, coal-oil mixtures, and
						coke).
"Coal-fired" means the combustion of fuel consisting of
						coal or any coal-derived fuel (except a coal-derived gaseous fuel with a sulfur
						content no greater than natural gas), alone or in combination with any other
						fuel, where:
1. For purposes of 40 CFR Part 75 (continuous emissions
						monitoring), a unit is "coal-fired" independent of the percentage of coal or
						coal-derived fuel consumed in any calendar year (expressed in mmBtu);
						and
2. For all other purposes under the acid rain program,
						except for purposes of applying 40 CFR Part 76, a unit is "coal-fired" if it
						uses coal or coal-derived fuel as its primary fuel (expressed in mmBtu);
						provided that, if the unit is listed in the NADB, the primary fuel is the fuel
						listed in the NADB under the data field "PRIMFUEL."
"Cogeneration unit" means a unit that has equipment used
						to produce electric energy and forms of useful thermal energy (such as heat or
						steam) for industrial, commercial, heating or cooling purposes, through the
						sequential use of energy.
"Commence commercial operation" means to have begun to
						generate electricity for sale, including the sale of test generation.
"Commence construction" means that an owner or operator
						has either undertaken a continuous program of construction or has entered into
						a contractual obligation to undertake and complete, within a reasonable time, a
						continuous program of construction.
"Commence operation" means to have begun any mechanical,
						chemical, or electronic process, including start-up of an emissions control
						technology or emissions monitor or of a unit's combustion chamber.
"Common stack" means the exhaust of emissions from two or
						more units through a single flue.
"Complete application" means an application that contains
						all the information required pursuant to
						9VAC5-80-430 and
						9VAC5-80-440
						sufficient to determine all applicable requirements and to evaluate the source
						and its application. Designating an application complete does not preclude the
						department from requesting or accepting additional information.
"Compliance certification" means a submission to the
						administrator or department, as appropriate, that is required by the acid rain
						program regulations to report an affected source or an affected unit's
						compliance or noncompliance with a provision of the acid rain program and that
						is signed and verified by the designated representative in accordance with
						Subparts B and I of 40 CFR
						Part 72, 9VA C5-80-470 and
						9VAC5-80-490 P,
						and the acid rain program regulations.
"Compliance plan" means the document submitted for an
						affected source in accordance with
						9VAC5-80-430
						specifying the method or methods by which each emissions unit at the source
						will meet applicable requirements.
"Compliance subaccount" means the subaccount in an
						affected unit's allowance tracking system account, established pursuant to
						40 CFR 73.31(a) or
						(b), in which are held, from the date that
						allowances for the current calendar year are recorded under
						40 CFR
						73.34(a) until December 31,
						allowances available for use by the unit in the current calendar year and,
						after December 31 until the date that deductions are made under
						40
						CFR 73.35(b), allowances
						available for use by the unit in the preceding calendar year, for the purpose
						of meeting the unit's acid rain emissions limitation for sulfur dioxide.
"Compliance use date" means the first calendar year for
						which an allowance may be used for purposes of meeting a unit's acid rain
						emissions limitation for sulfur dioxide.
"Construction" means fabrication, erection, or
						installation of a unit or any portion of a unit.
"Customer" means a purchaser of electricity not for the
						purpose of retransmission or resale. For generating rural electrical
						cooperatives, the customers of the distribution cooperatives served by the
						generating cooperative will be considered customers of the generating
						cooperative.
"Designated representative" means a responsible natural
						person authorized by the owners and operators of an affected source and of all
						affected units at the source or by the owners and operators of a combustion
						source or process source, as evidenced by a certificate of representation
						submitted in accordance with Subpart B of 40 CFR Part 72, to represent and
						legally bind each owner and operator, as a matter of federal law, in matters
						pertaining to the acid rain program. Whenever the term "responsible official"
						is used in this article, it shall be deemed to refer to the "designated
						representative" with regard to all matters under the acid rain program.
"Diesel fuel" means a low sulfur fuel oil of grades 1-D
						or 2-D, as defined in the American Society for Testing and Materials
						publication, "Standard Specification for Diesel Fuel Oils" (see
						9VAC5-20-21)
						, grades 1-GT or 2-GT, as defined by ASTM D2990-90a, "Standard Specification
						for Gas Turbine Fuel Oils," or grades 1 or 2, as defined by ASTM D396-90,
						"Standard Specifications for Fuel Oils" (incorporated by reference in
						40 CFR
						72.13).
"Direct public utility ownership" means direct ownership
						of equipment and facilities by one or more corporations, the principal business
						of which is sale of electricity to the public at retail. Percentage ownership
						of such equipment and facilities shall be measured on the basis of book
						value.
"Draft permit" or "draft acid rain permit" means the
						version of a permit, or the acid rain portion of a federal operating permit,
						for which the department offers public participation under
						9VAC5-80-670
						or affected state review under
						9VAC5-80-690.
"Emissions" means air pollutants exhausted from a unit or
						source into the atmosphere, as measured, recorded, and reported to the
						administrator by the designated representative and as determined by the
						administrator, in accordance with the emissions monitoring requirements of 40
						CFR Part 75.
"Emissions allowable under the permit" means a federally
						and state enforceable or state-only enforceable permit term or condition
						determined at issuance to be required by an applicable requirement that
						establishes an emissions limit (including a work practice standard) or a
						federally and state enforceable emissions cap that the source has assumed to
						avoid an applicable requirement to which the source would otherwise be
						subject.
"Emissions unit" means any part or activity of an
						affected source that emits or has the potential to emit any regulated air
						pollutant. This term is not meant to alter or affect the definition of the term
						"unit" in this article or 40 CFR Part 72.
"EPA" means the United States Environmental Protection
						Agency.
"Excess emissions" means:
1. Any tonnage of sulfur dioxide emitted by an affected
						unit during a calendar year that exceeds the acid rain emissions limitation for
						sulfur dioxide for the unit; and
2. Any tonnage of nitrogen oxide emitted by an affected
						unit during a calendar year that exceeds the annual tonnage equivalent of the
						acid rain emissions limitation for nitrogen oxides applicable to the affected
						unit taking into account the unit's heat input for the year.
"Existing unit" means a unit (including a unit subject to
						§ 111 of the federal Clean Air Act) that commenced commercial operation
						before November 15, 1990, and that on or after November 15, 1990, served a
						generator with a nameplate capacity of greater than 25 MWe. "Existing unit"
						does not include simple combustion turbines or any unit that on or after
						November 15, 1990, served only generators with a nameplate capacity of 25 MWe
						or less. Any "existing unit" that is modified, reconstructed, or repowered
						after November 15, 1990, shall continue to be an "existing unit."
"Facility" means any institutional, commercial, or
						industrial structure, installation, plant, source, or building.
"Federal operating permit" means a permit issued under
						this article, Article 1 (9VAC5-80-50 et
						seq.) of this part, 40 CFR Part 72, or any other regulation implementing Title
						V of the federal Clean Air Act.
"Federal Power Act" means
						16
						USC §
												791a et seq.
"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,
						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 a federal operating
						permit, including any provisions that limit a source's potential to emit unless
						expressly designated as not federally enforceable.
4. Limitations and conditions that are part of an
						approved implementation plan.
5. Limitations and conditions that are part of a federal
						construction permit issued under
						40 CFR
						52.21 or a new source review program permit
						issued under regulations approved by the EPA into the implementation
						plan.
6. Limitations and conditions that are part of a state
						operating permit issued under regulations approved by the EPA into the
						implementation plan as meeting the 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.
7. Limitations and conditions in a Virginia regulation or
						program that has been approved by the EPA under subpart E of 40 CFR Part 63 for
						the purposes of implementing and enforcing § 112 of the federal Clean Air
						Act.
8. Individual consent agreements that the EPA has legal
						authority to create.
"Final permit" means the version of a permit issued by
						the department under this article that has completed all review procedures
						required by
						9VAC5-80-670
						and
						9VAC5-80-690.
"Fossil fuel" means natural gas, petroleum, coal, or any
						form of solid, liquid, or gaseous fuel derived from such material.
"Fossil fuel-fired" means the combustion of fossil fuel
						or any derivative of fossil fuel, alone or in combination with any other fuel,
						independent of the percentage of fossil fuel consumed in any calendar year
						(expressed in mmBtu).
"Fuel oil" means any petroleum-based fuel (including
						diesel fuel or petroleum derivatives such as oil tar) as defined in the
						American Society for Testing and Materials publication, "Standard Specification
						for Fuel Oils" (see
						9VAC5-20-21)
						, and any recycled or blended petroleum products or petroleum by-products used
						as a fuel whether in a liquid, solid or gaseous state; provided that for
						purposes of monitoring requirements, "fuel oil" shall be limited to the
						petroleum-based fuels for which applicable ASTM methods are specified in
						Appendices D, E, or F of 40 CFR Part 75.
"Fugitive emissions" are those emissions which cannot
						reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"Gas-fired" means:
1. The combustion of:
a. Natural gas or other gaseous fuel (including
						coal-derived gaseous fuel), for at least 90% of the unit's average annual heat
						input during the previous three calendar years and for at least 85% of the
						annual heat input in each of those calendar years; and
b. Any fuel other than coal or coal-derived fuel (other
						than coal-derived gaseous fuel) for the remaining heat input, if any; provided
						that for purposes of 40 CFR Part 75, any fuel used other than natural gas shall
						be limited to:
(1) Gaseous fuels containing no more sulfur than natural
						gas; or
(2) Fuel oil.
2. For purposes of 40 CFR Part 75, a unit may initially
						qualify as gas-fired under the following circumstances:
a. If the designated representative provides fuel usage
						data for the unit for the three calendar years immediately prior to submission
						of the monitoring plan, and if the unit's fuel usage is projected to change on
						or before January 1, 1995, the designated representative submits a
						demonstration satisfactory to the administrator that the unit will qualify as
						gas-fired under the first sentence of this definition using the years 1995
						through 1997 as the three-calendar-year period; or
b. If a unit does not have fuel usage data for one or
						more of the three calendar years immediately prior to submission of the
						monitoring plan, the designated representative submits:
(1) The unit's designated fuel usage;
(2) Any fuel usage data, beginning with the unit's first
						calendar year of commercial operation following 1992;
(3) The unit's projected fuel usage for any remaining
						future period needed to provide fuel usage data for three consecutive calendar
						years; and
(4) Demonstration satisfactory to the administrator that
						the unit will qualify as gas-fired under the first sentence of this definition
						using those three consecutive calendar years as the three-calendar-year
						period.
"General account" means an allowance tracking system
						account that is not a unit account.
"Generator" means a device that produces electricity and
						was or would have been required to be reported as a generating unit pursuant to
						the United States Department of Energy Form 860 (1990 edition).
"Generator output capacity" means the full-load
						continuous rating of a generator under specific conditions as designed by the
						manufacturer.
"Hazardous air pollutant" means any air pollutant listed
						in § 112(b) of the federal Clean Air Act, as amended by
						40
						CFR 63.60.
"Heat input" means the product (expressed in mmBtu/time)
						of the gross calorific value of the fuel (expressed in Btu/lb) and the fuel
						feed rate into the combustion device (expressed in mass of fuel/time) and does
						not include the heat derived from preheated combustion air, recirculated flue
						gases, or exhaust from other sources.
"Implementation plan" means the portion or portions of
						the state implementation plan, or the most recent revision thereof, which has
						been approved in Subpart VV of 40 CFR Part 52 by the administrator under §
						110 of the federal Clean Air Act, or promulgated under § 110(c) of the
						federal Clean Air Act, or promulgated or approved pursuant to regulations
						promulgated under § 301(d) of the federal Clean Air Act and which
						implements the relevant requirements of the federal Clean Air Act.
"Independent power production facility" means a source
						that:
1. Is nonrecourse project-financed, as defined by the
						Secretary of Energy at 10 CFR Part 715;
2. Is used for the generation of electricity, 80% or more
						of which is sold at wholesale; and
3. Is a new unit required to hold allowances under Title
						IV of the federal Clean Air Act; but only if direct public utility ownership of
						the equipment comprising the facility does not exceed 50%.
"Insignificant activity" means any emissions unit listed
						in
						9VAC5-80-720
						A, any emissions unit that meets the emissions criteria described in
						9VAC5-80-720
						B, or any emissions unit that meets the size or production rate criteria in
						9VAC5-80-720
						C. An emissions unit is not an insignificant activity if it has any applicable
						requirements unless those requirements apply identically to all emissions units
						at the facility.
"Life-of-the-unit, firm power contractual arrangement"
						means a unit participation power sales agreement under which a utility or
						industrial customer reserves, or is entitled to receive, a specified amount or
						percentage of nameplate capacity and associated energy generated by any
						specified generating unit and pays its proportional amount of such unit's total
						costs, pursuant to a contract:
1. For the life of the unit;
2. For a cumulative term of no less than 30 years,
						including contracts that permit an election for early termination; or
3. For a period equal to or greater than 25 years or 70%
						of the economic useful life of the unit determined as of the time the unit was
						built, with option rights to purchase or release some portion of the nameplate
						capacity and associated energy generated by the unit at the end of the
						period.
"Malfunction" means any sudden and unavoidable failure of
						air pollution control equipment or process equipment or of a process to operate
						in a normal or usual manner that (i) arises from sudden and reasonably
						unforeseeable events beyond the control of the source, including acts of God,
						(ii) causes an exceedance of a technology-based emission limitation under the
						permit due to unavoidable increases in emissions attributable to the failure
						and (iii) requires immediate corrective action to restore normal operation.
						Failures that are caused entirely or in part by improperly designed equipment,
						poor maintenance, careless or improper operation, operator error, or any other
						preventable upset condition or preventable equipment breakdown shall not be
						considered malfunctions.
"Nameplate capacity" means the maximum electrical
						generating output (expressed in MWe) that a generator can sustain over a
						specified period of time when not restricted by seasonal or other deratings, as
						listed in the NADB under the data field "NAMECAP" if the generator is listed in
						the NADB or as measured in accordance with the United States Department of
						Energy standards if the generator is not listed in the NADB.
"National allowance data base" or "NADB" means the data
						base established by the administrator under § 402(4)(C) of the federal
						Clean Air Act.
"Natural gas" means a naturally occurring fluid mixture
						of hydrocarbons (e.g., methane, ethane, or propane) containing one grain or
						less hydrogen sulfide per 100 standard cubic feet, and 20 grains or less total
						sulfur per 100 standard cubic feet, produced in geological formations beneath
						the earth's surface, and maintaining a gaseous state at standard atmospheric
						temperature and pressure under ordinary conditions.
"New source review program" means a program for the
						preconstruction review and permitting of new stationary sources or expansions
						to existing ones in accordance with 9VAC5-80-10, or Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1700
						et seq.) or Article 9 (9VAC5-80-2000 et
						seq.) of this part promulgated to implement the requirements of §§
						110(a)(2)(C), 165 (relating to permits in prevention of significant
						deterioration areas), 173 (relating to permits in nonattainment areas), and 112
						(relating to permits for hazardous air pollutants) of the federal Clean Air
						Act.
"New unit" means a unit that commences commercial
						operation on or after November 15, 1990, including any such unit that serves a
						generator with a nameplate capacity of 25 MWe or less or that is a simple
						combustion turbine.
"Nonrecourse project-financed" means when being financed
						by any debt, such debt is secured by the assets financed and the revenues
						received by the facility being financed including, but not limited to, part or
						all of the revenues received under one or more agreements for the sale of the
						electric output from the facility, and which neither an electric utility with a
						retail service territory, nor a public utility as defined by § 201(e) of
						the Federal Power Act, as amended,
						16 USC §
												824(e), if any of its
						facilities are financed with general credit, is obligated to repay in whole or
						in part. A commitment to contribute equity or the contribution of equity to a
						facility by an electric utility shall not be considered an obligation of such
						utility to repay the debt of a facility. The existence of limited guarantees,
						commitments to pay for cost overruns, indemnity provisions, or other similar
						undertakings or assurances by the facility's owners or other project
						participants shall not disqualify a facility from being "nonrecourse
						project-financed" as long as, at the time of the financing for the facility,
						the borrower is obligated to make repayment of the term debt from revenues
						generated by the facility, rather than from other sources of funds. Projects
						that are 100% equity financed are also considered "nonrecourse
						project-financed" for purposes of § 416(a)(2)(B) of the federal Clean Air
						Act.
"Offset plan" means a plan pursuant to 40 CFR Part 77 for
						offsetting excess emissions of sulfur dioxide that have occurred at an affected
						unit in any calendar year.
"Oil-fired" means:
1. The combustion of fuel oil for more than 10% of the
						average annual heat input during the previous three calendar years or for more
						than 15% of the annual heat input in any one of those calendar years; and any
						solid, liquid, or gaseous fuel (including coal-derived gaseous fuel), other
						than coal or any other coal-derived fuel, for the remaining heat input, if any;
						provided that for purposes of 40 CFR Part 75, any fuel used other than fuel oil
						shall be limited to gaseous fuels containing no more sulfur than natural
						gas.
2. For purposes of 40 CFR Part 75, a unit that does not
						have fuel usage data for one or more of the three calendar years immediately
						prior to submission of the monitoring plan may initially qualify as oil-fired
						if the designated representative submits:
a. The unit design fuel usage;
b. The unit's designed fuel usage;
c. Any fuel usage data, beginning with the unit's first
						calendar year of commercial operation following 1992;
d. The unit's projected fuel usage for any remaining
						future period needed to provide fuel usage data for three consecutive calendar
						years; and
e. A demonstration satisfactory to the administrator that
						the unit will qualify as oil-fired under the first sentence of this definition
						using those three consecutive calendar years as the three-calendar-year
						period.
"Owner," with respect to affected units, combustion
						sources, or process sources, means any of the following persons:
1. Any holder of any portion of the legal or equitable
						title in an affected unit, a combustion source, or a process source;
2. Any holder of a leasehold interest in an affected
						unit, a combustion source, or a process source;
3. Any purchaser of power from an affected unit, a
						combustion source, or a process source under a life-of-the-unit, firm power
						contractual arrangement. However, unless expressly provided for in a leasehold
						agreement, owner shall not include a passive lessor, or a person who has an
						equitable interest through such lessor, whose rental payments are not based,
						either directly or indirectly, upon the revenues or income from the affected
						unit; or
4. With respect to any allowance tracking system general
						account, any person identified in the submission required by
						40 CFR
						73.31(c) that is subject to
						the binding agreement for the authorized account representative to represent
						that person's ownership interest with respect to allowances.
"Owner or operator" means any person who is an owner or
						who operates, controls, or supervises an affected unit, affected source,
						combustion source, or process source, and shall include, but not be limited to,
						any holding company, utility system, or plant manager of an affected unit,
						affected source, combustion source, or process source.
"Permit" (unless the context suggests otherwise) means
						any permit or group of permits covering a source subject to this article that
						is issued, renewed, amended, or revised pursuant to this article.
"Permit modification" means a revision to a permit issued
						under this article that meets the requirements of
						9VAC5-80-570
						on minor permit modifications,
						9VAC5-80-580
						on group processing of minor permit modifications, or
						9VAC5-80-590
						on significant modifications.
"Permit revision" means any permit modification that
						meets the requirements of
						9VAC5-80-570,
						9VAC5-80-580,
						or
						9VAC5-80-590
						or any administrative permit amendment that meets the requirements of
						9VAC5-80-560.
"Permit revision for affected units" means a permit
						modification, fast track modification, administrative permit amendment for
						affected units, or automatic permit amendment, as provided in
						9VAC5-80-600
						through
						9VAC5-80-630.
"Phase II" means the acid rain program period beginning
						January 1, 2000, and continuing into the future thereafter.
"Potential electrical output capacity" means the MWe
						capacity rating for the units which shall be equal to 33% of the maximum design
						heat input capacity of the steam generating unit, as calculated according to
						Appendix D of 40 CFR Part 72.
"Potential to emit" means the maximum capacity of an
						affected source to emit any air pollutant under its physical and operational
						design. Any physical or operational limitation on the capacity of a source to
						emit an air 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 is state and federally enforceable.
"Power distribution system" means the portion of an
						electricity grid owned or operated by a utility that is dedicated to delivering
						electric energy to customers.
"Power purchase commitment" means a commitment or
						obligation of a utility to purchase electric power from a facility pursuant
						to:
1. A power sales agreement;
2. A state regulatory authority order requiring a utility
						to (i) enter into a power sales agreement with the facility; (ii) purchase from
						the facility; or (iii) enter into arbitration concerning the facility for the
						purpose of establishing terms and conditions of the utility's purchase of
						power;
3. A letter of intent or similar instrument committing to
						purchase power (actual electrical output or generator output capacity) from the
						source at a previously offered or lower price and a power sales agreement
						applicable to the source executed within the time frame established by the
						terms of the letter of intent but no later than November 15, 1993, or, where
						the letter of intent does not specify a time frame, a power sales agreement
						applicable to the source executed on or before November 15, 1993; or
4. A utility competitive bid solicitation that has
						resulted in the selection of the qualifying facility or independent power
						production facility as the winning bidder.
"Power sales agreement" means a legally binding agreement
						between a qualifying facility, independent power production facility or firm
						associated with such facility and a regulated electric utility that establishes
						the terms and conditions for the sale of power from the facility to the
						utility.
"Primary fuel" or "primary fuel supply" means the main
						fuel type (expressed in mmBtu) consumed by an affected unit for the applicable
						calendar year.
"Proposed permit" means the version of a permit that the
						department proposes to issue and forwards to the administrator for review in
						compliance with
						9VAC5-80-690.
"Qualifying facility" means a "qualifying small power
						production facility" within the meaning of § 3(17)(C) of the Federal Power
						Act or a "qualifying cogeneration facility" within the meaning of §
						3(18)(B) of the Federal Power Act.
"Qualifying power purchase commitment" means a power
						purchase commitment in effect as of November 15, 1990, without regard to
						changes to that commitment so long as:
1. The identity of the electric output purchaser, or the
						identity of the steam purchaser and the location of the facility remain
						unchanged as of the date the facility commences commercial operation;
						and
2. The terms and conditions of the power purchase
						commitment are not changed in such a way as to allow the costs of compliance
						with the acid rain program to be shifted to the purchaser.
"Qualifying repowering technology" means:
1. Replacement of an existing coal-fired boiler with one
						of the following clean coal technologies: atmospheric or pressurized fluidized
						bed combustion, integrated gasification combined cycle, magnetohydrodynamics,
						direct and indirect coal-fired turbines, integrated gasification fuel cells, or
						as determined by the administrator, in consultation with the Secretary of
						Energy, a derivative of one or more of these technologies, and any other
						technology capable of controlling multiple combustion emissions simultaneously
						with improved boiler or generation efficiency and with significantly greater
						waste reduction relative to the performance of technology in widespread
						commercial use as of November 15, 1990; or
2. Any oil- or gas-fired unit that has been awarded clean
						coal technology demonstration funding as of January 1, 1991, by the Department
						of Energy.
"Receive" or "receipt of" means the date the
						administrator or the department comes into possession of information or
						correspondence (whether sent in writing or by authorized electronic
						transmission), as indicated in an official correspondence log, or by a notation
						made on the information or correspondence, by the administrator or the
						department in the regular course of business.
"Recordation," "record," or "recorded" means, with regard
						to allowances, the transfer of allowances by the administrator from one
						allowance tracking system account or subaccount to another.
"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 Part 68.
6. Any pollutant subject to an applicable state
						requirement included in a permit issued under this article as provided in
						9VAC5-80-300.
"Renewal" means the process by which a permit is reissued
						at the end of its term.
"Responsible official" means one of the following:
1. For a business entity, such as a corporation,
						association or cooperative:
a. The president, secretary, treasurer, or vice-president
						of the business entity in charge of a principal business function, or any other
						person who performs similar policy- or decision-making functions for the
						business entity; or
b. A duly authorized representative of such business
						entity if the representative is responsible for the overall operation of one or
						more manufacturing, production, or operating facilities applying for or subject
						to a permit and either:
(1) The facilities employ more than 250 persons or have
						gross annual sales or expenditures exceeding $25 million (in second quarter
						1980 dollars); or
(2) The authority to sign documents has been assigned or
						delegated to such representative in accordance with procedures of the business
						entity and the delegation of authority is approved in advance by the
						department;
2. For a partnership or sole proprietorship: a general
						partner or the proprietor, respectively;
3. For a municipality, state, federal, or other public
						agency: either a principal executive officer or ranking elected official. A
						principal executive officer of a federal agency includes the chief executive
						officer having responsibility for the overall operations of a principal
						geographic unit of the agency (e.g., a regional administrator of EPA);
						or
4. For affected sources:
a. The designated representative insofar as actions,
						standards, requirements, or prohibitions under Title IV of the federal Clean
						Air Act or the regulations promulgated thereunder are concerned; and
b. The designated representative or any other person
						specified in this definition for any other purposes under this article or 40
						CFR Part 70.
"Schedule of compliance" means an enforceable sequence of
						actions, measures, or operations designed to achieve or maintain compliance, or
						correct noncompliance, with an applicable requirement of the acid rain program,
						including any applicable acid rain permit requirement.
"Secretary of Energy" means the Secretary of the United
						States Department of Energy or the secretary's duly authorized
						representative.
"Simple combustion turbine" means a unit that is a rotary
						engine driven by a gas under pressure that is created by the combustion of any
						fuel. This term includes combined cycle units without auxiliary firing. This
						term excludes combined cycle units with auxiliary firing, unless the unit did
						not use the auxiliary firing from 1985 through 1987 and does not use auxiliary
						firing at any time after November 15, 1990.
"Solid waste incinerator" means a source as defined in
						§ 129(g)(1) of the federal Clean Air Act.
"Source" means any governmental, institutional,
						commercial, or industrial structure, installation, plant, building, or facility
						that emits or has the potential to emit any regulated air pollutant under the
						federal Clean Air Act. For purposes of § 502(c) of the federal Clean Air
						Act, a source, including a source with multiple units, shall be considered a
						single facility.
"Stack" means a structure that includes one or more flues
						and the housing for the flues.
"State enforceable" means all limitations and conditions
						which are enforceable by the department, including those requirements developed
						pursuant to
						9VAC5-170-160,
						requirements within any applicable order or variance, and any permit
						requirements established pursuant to this chapter.
"State operating permit program" means a program for
						issuing limitations and conditions for stationary sources in accordance with
						Article 5 (9VAC5-80-800 et
						seq.) of this part, 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.
"Submit" or "serve" means to send or transmit a document,
						information, or correspondence to the person specified in accordance with the
						applicable regulation:
1. In person;
2. By United States Postal Service; or
3. By other equivalent means of dispatch or transmission
						and delivery. Compliance with any "submission," "service," or "mailing"
						deadline shall be determined by the date of dispatch, transmission, or mailing
						and not the date of receipt.
"Title I modification" means any modification under Parts
						C and D of Title I or §§ 111(a)(4), 112(a)(5), or § 112(g) of
						the federal Clean Air Act; under regulations promulgated by the U.S.
						Environmental Protection Agency thereunder or in
						40 CFR
						61.07; or under regulations approved by the
						U.S. Environmental Protection Agency to meet such requirements.
"Ton" or "tonnage" means any "short ton" (i.e., 2,000
						pounds). For the purpose of determining compliance with the acid rain emissions
						limitations and reduction requirements, total tons for a year shall be
						calculated as the sum of all recorded hourly emissions (or the tonnage
						equivalent of the recorded hourly emissions rates) in accordance with 40 CFR
						Part 75, with any remaining fraction of a ton equal to or greater than 0.50 ton
						deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed not
						to equal any ton.
"Total planned net output capacity" means the planned
						generator output capacity, excluding that portion of the electrical power which
						is designed to be used at the power production facility, as specified under one
						or more qualifying power purchase commitments or contemporaneous documents as
						of November 15, 1990.
"Total installed net output capacity" shall be the
						generator output capacity, excluding that portion of the electrical power
						actually used at the power production facility, as installed.
"Unit" means a fossil fuel-fired combustion
						device.
"Unit account" means an allowance tracking system
						account, established by the administrator for an affected unit pursuant to
						40 CFR 73.31(a) or
						(b).
"Utility" means any person that sells electricity.
"Utility competitive bid solicitation" means a public
						request from a regulated utility for offers to the utility for meeting future
						generating needs. A qualifying facility, independent power production facility,
						or new independent power production facility may be regarded as having been
						"selected" in such solicitation if the utility has named the facility as a
						project with which the utility intends to negotiate a power sales
						agreement.
"Utility regulatory authority" means an authority, board,
						commission, or other entity (limited to the local, state, or federal level,
						whenever so specified) responsible for overseeing the business operations of
						utilities located within its jurisdiction, including, but not limited to,
						utility rates and charges to customers.
"Utility unit" means a unit owned or operated by a
						utility:
1. That serves a generator in any state that produces
						electricity for sale; or
2. That during 1985, served a generator in any state that
						produced electricity for sale.
Notwithstanding subdivisions 1 and 2 of this definition,
						a unit that was in operation during 1985, but did not serve a generator that
						produced electricity for sale during 1985, and did not commence commercial
						operation on or after November 15, 1990, is not a utility unit for purposes of
						the acid rain program.
Notwithstanding subdivisions 1 and 2 of this definition,
						a unit that cogenerates steam and electricity is not a utility unit for
						purposes of the acid rain program, unless the unit is constructed for the
						purpose of supplying, or commences construction after November 15, 1990, and
						supplies, more than one-third of its potential electrical output capacity and
						more than 25 MWe output to any power distribution system for sale.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.