reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 70 - AIR POLLUTION EPISODE PREVENTION › Section 9VAC5-70-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				of these regulations and subsequent amendments or any orders issued by the
				board, the words or terms shall have the meanings given them in subsection C of
				this section.
B. As used in this
				chapter, all terms not defined here shall have the meanings given them in 9VAC5
				Chapter 10 (9VAC5-10-10 et seq.), unless
				otherwise required by context.
C.
				Terms defined.
"Air pollution episode" means a situation which is declared
				  by responsible authorities as set forth in this chapter when weather or air
				  pollution conditions or both indicate a potential threat to human
				  health.
"Soiling index" means a measure of the soiling properties of
				  suspended particles in air determined by drawing a measured volume of air
				  through a known area of Whatman No. 4 filter paper for a measured period of
				  time (normally two hours) expressed by COH's/1000 linear feet.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 70 - AIR POLLUTION EPISODE PREVENTION › Section 9VAC5-70-30 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. An air pollution
				episode plan provides procedures to be followed whenever the air quality has
				the potential of reaching levels which could cause significant harm to public
				health.
B. Whenever the board
				determines that the accumulation of air pollution may attain, is attaining or
				has attained a level or levels considered injurious to human health, air
				pollution episode stages designated as watch, alert, warning and emergency
				shall be declared. In making a determination, the criteria defined in
				9VAC5-70-40 shall be used as
				guidance.
C. To assure compliance
				with this chapter, owners of sources as applicable shall submit standby
				emission reduction plans in accordance with
				9VAC5-70-50. In accordance with
				such standby emission reduction plans, control requirements as specified in
				9VAC5-70-60 shall be implemented as
				a designated level is reached.
D.
				Nothing contained in this chapter shall be construed as allowing any owner or
				other person to be in violation of any provision of these regulations or any
				other applicable regulations, laws, ordinances or orders of the governmental
				entities having jurisdiction.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 70 - AIR POLLUTION EPISODE PREVENTION › Section 9VAC5-70-40 - Episode determination

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				A condition justifying the proclamation of a watch, alert, warning or emergency
				stage shall be deemed to exist whenever the board determines that the
				accumulation of one or more air pollutants in any place, locality, county or
				other area in the state may attain, is attaining or has attained levels which
				could, if such levels are sustained or exceeded, lead to a threat to the public
				health. In making this determination the conditions specified in subsections B,
				C and D of this section shall be used as guidance.
B. Episode criteria.
1. Watch stage. An internal administrative
				watch shall be declared by the board whenever the national, local or department
				meteorologist issues a forecast indicating an atmosphere stagnation will cover
				any substantial portion of the state for an extended period. Such a weather
				forecast will indicate meteorological conditions which are expected to inhibit
				pollutant dispersion. The watch shall be in effect for those areas of the state
				covered by the weather forecast and it shall continue throughout the
				atmospheric stagnation period. Such weather forecasts indicating atmospheric
				stagnation will take the form of:
a. A
				regional air stagnation advisory, including any substantial part of the state,
				issued by the National Weather Service; and
b. A forecast by the department meteorologist
				indicating local meteorological conditions which inhibit dispersion for an
				extended period of time.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 70 - AIR POLLUTION EPISODE PREVENTION › Section 9VAC5-70-60 - Control requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				After an alert stage has been declared by the board, each owner of a source
				subject to a standby emission reduction plan under
				9VAC5-70-50 and each owner of any
				other source designated shall, when requested to do so by the board, take such
				alert stage actions as requested and shall put into effect the requested
				provisions of the preplanned abatement strategy for an alert stage as set forth
				in Table VII-A.
B. After a warning
				stage has been declared by the board, each owner of a source subject to a
				standby emission reduction plan under
				9VAC5-70-50 and each owner of any
				other source designated shall, when requested to do so by the board, take such
				warning stage actions as requested and shall put into effect the requested
				provisions of the preplanned abatement strategy for a warning stage as set
				forth in Table VII-B.
C. When the
				board determines that the concentration of a specified criteria pollutant has
				reached the alert or warning stage levels at one or more monitoring sites
				solely because of emissions from a limited number of sources it shall notify
				the owners of such sources that the preplanned abatement strategies of Table
				VII-A or B or the standby emission reduction plans are required, as applicable,
				to be put into effect and shall remain in effect until the level of the
				specified criteria pollutant is within limits.
D. When the board determines that the level
				of a specific criteria pollutant or a specific type of criteria pollutant
				caused the declaration of an alert or warning stage and that curtailment of
				emissions from certain sources would have no effect on that pollutant level, it
				may determine which standby emission reduction plans and abatement strategies
				shall be put into effect.
E. After
				an emergency stage has been declared by the governor, each owner of a source
				subject to a standby emission reduction plan under
				9VAC5-70-50 and each owner of any
				other source designated shall take such emergency stage actions as required and
				shall put into effect the preplanned abatement strategy for an emergency stage
				as set forth in Table VII-C.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 70 - AIR POLLUTION EPISODE PREVENTION › Section 9VAC5-70-70 - Local air pollution control agency participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local air pollution control agencies shall
				develop local plans which will establish standard operating procedures and
				allocation of responsibilities (including public information) to be placed in
				effect in the event of an air pollution episode. Two copies of such plans and
				any subsequent changes to the plans shall be furnished to the board.
B. The statewide episode control center will
				be located in Richmond. Operational, communication and public information
				procedures for the control of air pollution episodes by the state episode
				control center will be promulgated by the board to all local air pollution
				control agencies and regional offices.
PREPLANNED ABATEMENT STRATEGIES
TABLE VII-A
ALERT STAGE.
I.
				General.
A. There shall be no open burning by
				any owner or other person.
B. The
				use of incinerators for the disposal of any form of solid waste shall be
				limited to the hours between noon and 4 p.m.
C. Owners of fuel burning equipment which
				require boiler lancing or soot blowing shall perform such operations only
				between the hours of noon and 4 p.m.
D. Owners operating motor vehicles shall
				eliminate all unnecessary operations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part I - Certain Permit Actions Before the Department › Section 9VAC5-80-15 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provisions of this part, unless specified otherwise, shall apply to only permit
				  actions subject to a public comment period.
B. The provisions of this part do not apply
				  to the appeal of the promulgation of regulations. Appeals of the promulgation
				  of regulations shall be pursued under § 10.1-1317 of the Virginia Air
				  Pollution Control Law and § 2.2-4026 of the Administrative Process
				  Act.
C. The provisions of this part
				  do not apply to the appeal of case decisions and other actions or inactions of
				  the board or the department.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part I - Certain Permit Actions Before the Department › Section 9VAC5-80-25

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part I - Certain Permit Actions Before the Department › Section 9VAC5-80-35 - Public hearings for controversial permits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  During the public comment period on a permit action, in those instances where a
				  public hearing is not mandatory under state or federal law or regulation,
				  interested persons may request a public hearing to contest such action or the
				  terms and conditions thereof. The public participation process requirements for
				  the permit programs subject to this section are specified in subdivisions 1 and
				  2 of this subsection.
1.
											9VAC5-80-270
				  and
				  9VAC5-80-670
				  for the federal (Title V) operating permit program.
2.
											9VAC5-80-1020
				  for the state operating permit program.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part I - Certain Permit Actions Before the Department › Section 9VAC5-80-37 - Notification of pending controversial permits by the department to the board

Current through Register Vol. 40, No. 24, July 15, 2024
At each regular meeting of the board, the department will
					 provide an overview and update regarding any controversial permits pending
					 before the department. Immediately after such presentation by the department,
					 the board will have an opportunity to respond to the department's presentation
					 and provide commentary regarding such pending permits.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part I - Certain Permit Actions Before the Department › Section 9VAC5-80-45 - Additional public hearing for controversial permits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Before rendering a final decision on a controversial permit, the department
				  shall hold an additional public hearing in accordance with subdivisions 1
				  through 3 of this subsection except as provided in subdivision 4 of this
				  subsection:
1. Publish a summary of public
				  comments received during the applicable public comment period and public
				  hearing.
2. Publish responses to
				  the public comment summary.
3. Hold
				  a public hearing for the controversial permit for individuals who previously
				  commented, either at a public hearing or in writing during the applicable
				  public comment period, to respond to the department's public comment summary
				  and response. No new information will be accepted at this public hearing for
				  controversial permits.
4.
				  Subdivisions 1 through 3 of this subsection shall not apply to controversial
				  permits where no public comments were received at a public hearing or in
				  writing during the applicable public comment period. These actions shall
				  proceed with a final determination in accordance with the subsection B of this
				  section and the applicable permit program regulations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-50 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except as provided in subsection C of this section, the provisions of this
					 article apply to the following stationary sources:
1. Any major source.
2. Any source, including an area source,
					 subject to a standard, limitation, or other requirement under § 111 of the
					 federal Clean Air Act.
3. Any
					 source, including an area source, subject to a standard, limitation, or other
					 requirement under § 112 of the federal Clean Air Act.
4. Any affected source or any portion of it
					 not subject to Article 3 (9VAC5-80-360 et
					 seq.) of this part.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-70 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 permit may be issued pursuant to this article until the article has been
					 approved by the administrator, whether full, interim, partial, for federal
					 delegation purposes, or otherwise.
B. If requested in the application for a
					 permit or permit renewal submitted pursuant to this article, the department may
					 combine the requirements of and the permit for a source subject to the state
					 operating permit program with the requirements of and the permit for a source
					 subject to this article provided the application contains the necessary
					 information required for a permit under the state operating permit
					 program.
C. For the purpose of this
					 article, the phrase "Regulations for the Control and Abatement of Air
					 Pollution" means 9VAC5 Chapter 10 (9VAC5-10-10 et seq.)
					 through 9VAC5 Chapter 80 (9VAC5-80-10 et seq.). For purposes of implementing
					 and enforcing those provisions of this article associated with applicable
					 federal requirements as well as those provisions of this article intended to
					 implement Title V of the federal Clean Air Act, the phrase "Regulations for the
					 Control and Abatement of Air Pollution" means only those provisions that have
					 been approved by EPA as part of the implementation plan or otherwise have been
					 approved by or found to be acceptable by EPA for the purpose of implementing
					 requirements of the federal Clean Air Act. For the purpose of this article,
					 terms and conditions relating to applicable federal requirements shall be
					 derived only from provisions that qualify as applicable federal
					 requirements.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-80 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 single application is required identifying each emission unit subject to this
					 article. The application shall be submitted according to the requirements of
					 this section,
					 9VAC5-80-90
					 and procedures approved by the department. Where several units are included in
					 one stationary source, a single application covering all units in the source
					 shall be submitted. A separate application is required for each stationary
					 source subject to this article.
B.
					 For each stationary source, the owner shall submit a timely and complete permit
					 application in accordance with subsections C and D of this section.
C.
1. The
					 owner of a stationary source applying for a permit under this article for the
					 first time shall submit an application within 12 months after the source
					 becomes subject to this article, except that stationary sources not deferred
					 under
					 9VAC5-80-50 D shall
					 submit their applications on a schedule to be determined by the department but
					 no later than 12 months following the effective date of approval of this
					 article by the administrator, to include approval for federal delegation
					 purposes.
2. The owner of a source
					 subject to the requirements of the new source review program shall file a
					 complete application to obtain the permit or permit revision within 12 months
					 after commencing operation. Where an existing permit issued under this article
					 would prohibit such construction or change in operation, the owner shall obtain
					 a permit revision before commencing operation. The owner of a source may file a
					 complete application to obtain the permit or permit revision under this article
					 on the same date the permit application is submitted under the requirements of
					 the new source review program.
3.
					 For purposes of permit renewal, the owner shall submit an application at least
					 six months but no earlier than 18 months prior to the date of permit
					 expiration.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-90 - Application information required

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall furnish application forms to applicants.
B. Each application for a permit shall
					 include, but not be limited to, the information listed in subsections C through
					 K of this section.
C. Identifying
					 information as follows shall be included:
1.
					 Company name and address (or plant name and address if different from the
					 company name), owner's name and agent, and telephone number and names of plant
					 site manager or contact or both.
2.
					 A description of the source's processes and products (by Standard Industrial
					 Classification Code) including any associated with each alternate scenario
					 identified by the source.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-100 - Emission caps

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may establish an emission cap for sources or emissions units
					 applicable under this article when the applicant requests that a cap be
					 established.
B. The criteria in
					 subdivisions 1 through 5 of this subsection shall be met in establishing
					 emission standards for emission caps to the extent necessary to assure that
					 emissions levels are met permanently.
1. If an
					 emissions unit was subject to emission standards prescribed in the Regulations
					 for the Control and Abatement of Air Pollution prior to the date the permit is
					 issued, a standard covering the emissions unit and pollutants subject to the
					 emission standards shall be incorporated into the permit issued under this
					 article.
2. A permit issued under
					 this article may also contain emission standards for emissions units or
					 pollutants that were not subject to emission standards prescribed in the
					 Regulations for the Control and Abatement of Air Pollution prior to the
					 issuance of the permit.
3. Each
					 standard shall be based on averaging time periods for the standards as
					 appropriate based on applicable air quality standards, any emission standard
					 applicable to the emissions unit prior to the date the permit is issued, or the
					 operation of the emissions unit, or any combination of them. The emission
					 standards may include the level, quantity, rate, or concentration or any
					 combination of them for each affected pollutant.
4. In no case shall a standard result in
					 emissions which would exceed the lesser of the following:
a. Allowable emissions for the emissions unit
					 based on emission standards applicable prior to the date the permit is
					 issued.
b. The emissions rate based
					 on the potential to emit of the emissions unit.
5. The standard may prescribe, as an
					 alternative to or a supplement to an emission limitation, an equipment, work
					 practice, fuels specification, process materials, maintenance, or operational
					 standard, or any combination of them.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-110 - Permit content

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 General information applies as follows:
1. For
					 major sources subject to this article, the department shall include in the
					 permit all applicable requirements for all emissions units in the major
					 source.
2. For any source other
					 than a major source subject to this article, the department shall include in
					 the permit all applicable requirements that apply to emissions units that cause
					 the source to be subject to this article.
3. For all sources subject to this article,
					 the department shall include in the permit applicable requirements that apply
					 to fugitive emissions regardless of whether the source category in question is
					 included in the list of sources contained in the definition of major
					 source.
4. Each permit issued under
					 this article shall include the elements listed in subsections B through N of
					 this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-120 - General permits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Requirements for board issuance of a general permit regulation apply as
					 follows:
1. The board may issue a general
					 permit regulation covering a source category containing numerous similar
					 sources that meet the following criteria:
a.
					 All sources in the category shall be essentially the same in terms of
					 operations and processes and emit either the same pollutants or those with
					 similar characteristics.
b. Sources
					 shall not be subject to case-by-case standards or requirements.
c. Sources shall be subject to the same or
					 substantially similar requirements governing operation, emissions, monitoring,
					 reporting, or recordkeeping.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-130 - Temporary sources

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may issue a single permit authorizing emissions from similar
					 operations by the same owner at multiple temporary locations.
B. The operation shall be temporary and
					 involve at least one change of location during the term of the
					 permit.
C. Permits for temporary
					 sources shall include the following:
1.
					 Conditions that assure compliance with all applicable requirements at all
					 authorized locations.
2. A
					 condition that the owner shall notify the department not less than 15 days in
					 advance of each change in location.
3. Conditions that ensure compliance with all
					 other provisions of this article.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-140 - Permit shield

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall expressly include in a permit a provision stating that
					 compliance with the conditions of the permit shall be deemed compliance with
					 all applicable requirements in effect as of the date of permit issuance and as
					 specifically identified in the permit.
B. The permit shield shall cover only the
					 following:
1. Applicable requirements that are
					 covered by terms and conditions of the permit.
2. Any other applicable requirement
					 specifically identified as being not applicable to the source, provided that
					 the permit includes that determination.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-150 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit, permit modification, or renewal may be issued only if all of the
					 following conditions have been met:
1. The
					 department has received a complete application for a permit, permit
					 modification, or permit renewal, except that a complete application need not be
					 received before issuance of a general permit under
					 9VAC5-80-120.
2. Except for modifications qualifying for
					 minor permit modification procedures under
					 9VAC5-80-210
					 or
					 9VAC5-80-220,
					 the department has complied with the requirements for public participation
					 under
					 9VAC5-80-270.
3. The department has complied with the
					 requirements for notifying and responding to affected states under
					 9VAC5-80-290.
4. The conditions of the permit provide for
					 compliance with all applicable requirements, the requirements of Article 2
					 (9VAC5-80-310 et
					 seq.) of this part, and the requirements of this article.
5. The administrator has received a copy of
					 the proposed permit and any notices required under
					 9VAC5-80-290
					 A and
					 9VAC5-80-290
					 B and has not objected to issuance of the permit under
					 9VAC5-80-290
					 C within the time period specified therein.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-160 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person shall transfer a permit from one location to another, unless authorized
					 under
					 9VAC5-80-130,
					 or from one piece of equipment to another.
B. In the case of a transfer of ownership of
					 a stationary source, the new owner shall comply with any current permit issued
					 to the previous owner. The new owner shall notify the department of the change
					 in ownership within 30 days of the transfer and shall comply with the
					 requirements of
					 9VAC5-80-200.
C. In the case of a name change of a
					 stationary source, the owner shall comply with any current permit issued under
					 the previous source name. The owner shall notify the department of the change
					 in source name within 30 days of the name change and shall comply with the
					 requirements of
					 9VAC5-80-200.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-170 - Permit renewal and expiration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Permits being renewed shall be subject to the same procedural requirements,
					 including those for public participation, affected state and EPA review, that
					 apply to initial permit issuance under this article.
B. Permit expiration terminates the source's
					 right to operate unless a timely and complete renewal application has been
					 submitted consistent with
					 9VAC5-80-80.
C. If the department fails to act in a timely
					 way on a permit renewal, the administrator may invoke his authority under
					 § 505(e) of the federal Clean Air Act to terminate or revoke and reissue
					 the permit.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-180 - Permanent shutdown for emissions trading

Current through Register Vol. 40, No. 24, July 15, 2024
The shutdown of an emissions unit is not creditable for
						purposes of emissions trading or exempt under
						9VAC5-80-50 C 4 unless a decision
						concerning shutdown has been made pursuant to
						9VAC5-20-220.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-190 - Changes to permits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Changes to emissions units that pertain to applicable federal requirements at a
					 source with a permit issued under this article shall be made as specified under
					 subsections B through D of this section and
					 9VAC5-80-200
					 through
					 9VAC5-80-240.
					 Changes to emissions units that pertain to applicable state requirements at a
					 source with a permit issued under this article shall be made as specified under
					 subsection E of this section. Changes to a permit issued under this article and
					 during its five-year term that pertain to applicable federal requirements may
					 be initiated by the permittee as specified in subsection B of this section or
					 by the department or administrator as specified in subsection C of this
					 section.
B. The following
					 requirements apply with respect to changes initiated by the permittee:
1. The permittee may initiate a change to a
					 permit by requesting an administrative permit amendment, a minor permit
					 modification or a significant permit modification. The requirements for these
					 permit revisions can be found in
					 9VAC5-80-200
					 through
					 9VAC5-80-230.
2. A request for a change by a permittee
					 shall include a statement of the reason for the proposed change.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-200 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be required for and limited to the
					 following:
1. Correction of typographical or
					 any other error, defect or irregularity which does not substantially affect the
					 permit.
2. Identification of a
					 change in the name, address, or phone number of any person identified in the
					 permit, or of a similar minor administrative change at the source.
3. Requirement for more frequent monitoring
					 or reporting by the permittee.
4.
					 Change in ownership or operational control of a source where the department
					 determines that no other change in the permit is necessary, provided that a
					 written agreement containing a specific date for transfer of permit
					 responsibility, coverage, and liability between the current and new permittee
					 has been submitted to the department and the requirements of
					 9VAC5-80-160
					 have been fulfilled.
5.
					 Incorporation into the permit of the requirements of permits issued under the
					 new source review program when the new source review program meets (i)
					 procedural requirements substantially equivalent to the requirements of
					 9VAC5-80-270
					 and
					 9VAC5-80-290
					 that would be applicable to the change if it were subject to review as a permit
					 modification and (ii) compliance requirements substantially equivalent to those
					 contained in
					 9VAC5-80-110.
6. Change in the enforceability status from
					 state-only requirements to federally enforceable requirements for provisions
					 that have been approved through rulemaking by the administrator to be a part of
					 the implementation plan.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-210 - Minor permit modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit modification procedures shall be used only for those permit
					 modifications that:
1. Do not violate any
					 applicable requirement;
2. Do not
					 involve significant changes to existing monitoring, reporting, or record
					 keeping requirements in the permit such as a change to the method of monitoring
					 to be used, a change to the method of demonstrating compliance or a relaxation
					 of reporting or record keeping requirements;
3. Do not require or change a case-by-case
					 determination of an emission limitation or other standard, or a source-specific
					 determination for temporary sources of ambient impacts, or a visibility or
					 increment analysis;
4. Do not seek
					 to establish or change a permit term or condition for which there is no
					 corresponding underlying applicable federal requirement and that the source has
					 assumed to avoid an applicable federal requirement to which the source would
					 otherwise be subject. Such terms and conditions include:
a. A federally enforceable emissions cap
					 assumed to avoid classification as a Title I modification; and
b. An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act;
5. Are not Title
					 I modifications; and
6. Are not
					 required to be processed as a significant modification under
					 9VAC5-80-230
					 or as an administrative permit amendment under
					 9VAC5-80-200.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-220 - Group processing of minor permit modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Group processing of modifications may be used only for those permit
					 modifications that meet both of the following:
1. Permit modifications that meet the
					 criteria for minor permit modification procedures under
					 9VAC5-80-210
					 A.
2. Permit modifications that
					 collectively are below the threshold level as follows: 10% of the emissions
					 allowed by the permit for the emissions unit for which the change is requested,
					 20% of the applicable definition of major source in
					 9VAC5-80-60, or five
					 tons per year, whichever is least.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-230 - Significant modification procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Significant modification procedures shall be used for applications requesting
					 permit modifications that do not qualify as minor permit modifications under
					 9VAC5-80-210
					 or
					 9VAC5-80-220
					 or as administrative amendments under
					 9VAC5-80-200.
					 Significant modification procedures shall be used for those permit
					 modifications that:
1. Involve significant
					 changes to existing monitoring, reporting, or recordkeeping requirements in the
					 permit, such as a change to the method of monitoring to be used, a change to
					 the method of demonstrating compliance or a relaxation of reporting or
					 recordkeeping requirements.
2.
					 Require or change a case-by-case determination of an emission limitation or
					 other standard, or a source-specific determination for temporary sources of
					 ambient impacts made under 9VAC5-40 (Existing Stationary Sources), 9VAC5-50
					 (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant
					 Sources), or a visibility or increment analysis carried out under this
					 chapter.
3. Seek to establish or
					 change a permit term or condition for which there is no corresponding
					 underlying applicable federal requirement and that the source has assumed to
					 avoid an applicable federal requirement to which the source would otherwise be
					 subject. Such terms and conditions include:
a.
					 A federally enforceable emissions cap assumed to avoid classification as a
					 Title I modification.
b. An
					 alternative emissions limit approved pursuant to regulations promulgated under
					 § 112(i)(5) of the federal Clean Air Act (early reduction of hazardous air
					 pollutants).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-240 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit shall be reopened and revised under any of the conditions stated in
					 9VAC5-80-110
					 L.
B. Proceedings to reopen and
					 reissue a permit shall follow the same procedures as apply to initial permit
					 issuance and shall affect only those parts of the permit for which cause to
					 reopen exists. Such reopening shall be made as expeditiously as
					 practicable.
C. Reopenings shall
					 not be initiated before a notice of such intent is provided to the source by
					 the department at least 30 days in advance of the date that the permit is to be
					 reopened, except that the department may provide a shorter time period in the
					 case of an emergency.
D. Provisions
					 for reopenings for cause by EPA shall be as follows:
1. If the administrator finds that cause
					 exists to terminate, modify, or revoke and reissue a permit pursuant to
					 subsection A of this section, the administrator shall notify the department and
					 the permittee of such finding in writing.
2. The department shall, within 90 days after
					 receipt of such notification, forward to the administrator a proposed
					 determination of termination, modification, or revocation and reissuance, as
					 appropriate. The administrator may extend this 90-day period for an additional
					 90 days if he finds that a new or revised permit application is necessary or
					 that the department must require the permittee to submit additional
					 information.
3. The administrator
					 shall review the proposed determination from the department within 90 days of
					 receipt.
4. The department shall
					 have 90 days from receipt of an objection by the administrator to resolve any
					 objection that he makes and to terminate, modify, or revoke and reissue the
					 permit in accordance with the objection.
5. If the department fails to submit a
					 proposed determination pursuant to subdivision 2 of this subsection or fails to
					 resolve any objection pursuant to subdivision 4 of this subsection, the
					 administrator shall terminate, modify, or revoke and reissue the permit after
					 taking the following actions:
a. Providing at
					 least 30 days' notice to the permittee in writing of the reasons for any such
					 action. This notice may be given during the procedures in subdivisions 1
					 through 4 of this subsection.
b.
					 Providing the permittee an opportunity for comment on the administrator's
					 proposed action and an opportunity for a hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-250 - Malfunction

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
					 the event of a malfunction, the owner may demonstrate that the conditions of
					 subsection B of this section are met.
B. The permittee may, through properly
					 signed, contemporaneous operating logs, or other relevant evidence, show the
					 following:
1. A malfunction occurred and the
					 permittee can identify the cause or causes of the malfunction.
2. The permitted facility was at the time
					 being properly operated.
3. During
					 the period of the malfunction, the permittee took all reasonable steps to
					 minimize levels of emissions that exceeded the emission standards or other
					 requirements in the permit.
4. The
					 permittee notified the department of the malfunction within two working days
					 following the time when the emission limitations were exceeded due to the
					 malfunction. This notification should include a description of the malfunction,
					 any steps taken to mitigate emissions, and corrective actions taken. The
					 notification may be delivered either orally or in writing by any method that
					 allows the permittee to comply with the deadline. This notification fulfills
					 the requirements of
					 9VAC5-80-110 F 2 b
					 to report promptly deviations from permit requirements. This notification does
					 not release the permittee from the malfunction reporting requirements under
					 9VAC5-20-180
					 C.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-260 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 General provisions shall be as follows:
1.
					 Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with
					 any condition of a permit shall be considered a violation of the Virginia Air
					 Pollution Control Law.
2. A permit
					 may be revoked or terminated prior to its expiration date if the owner does any
					 of the following:
a. Knowingly makes material
					 misstatements in the permit application or any amendments of it.
b. Violates, fails, neglects or refuses to
					 comply with (i) the terms or conditions of the permit, (ii) any applicable
					 requirements, or (iii) the applicable provisions of this article.
3. The department may suspend,
					 under such conditions and for such period of time as the department may
					 prescribe, any permit for any of the grounds for revocation or termination
					 contained in subdivision 2 of this subsection or for any other violations of
					 the Regulations for the Control and Abatement of Air Pollution.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-270 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except for modifications qualifying for minor permit modification procedures
					 and administrative permit amendments, draft permits for initial permit
					 issuance, significant modifications, and renewals shall be subject to a public
					 comment period of at least 30 days. The department shall notify the public
					 using the procedures in subsection B of this section.
B. The department shall notify the public of
					 the draft permit or draft permit modification (i) by advertisement in a
					 newspaper of general circulation in the area where the source is located and
					 (ii) through a notice to persons on a permit mailing list who have requested
					 such information of the opportunity for public comment on the information
					 available for public inspection under the provisions of subsection C of this
					 section.
C. Provisions for the
					 content of the public notice and availability of information shall be as
					 follows:
1. The notice shall include, but not
					 be limited to, the following:
a. The source
					 name, address and description of specific location.
b. The name and address of the
					 permittee.
c. The name and address
					 of the regional office processing the permit.
d. The activity or activities for which the
					 permit action is sought.
e. The
					 emissions change that would result from the permit issuance or
					 modification.
f. The name, address,
					 and telephone number of a department contact from whom interested persons may
					 obtain additional information, including copies of the draft permit or draft
					 permit modification, the application, and all relevant supporting materials,
					 including the compliance plan.
g. A
					 brief description of the comment procedures required by this section.
h. A brief description of the procedures to
					 be used to request a hearing or the time and place of the public hearing if the
					 director determines to hold a hearing under
					 9VAC5-80-35
					 E.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-280 - Operational flexibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall allow, under conditions specified in this section, operational
					 flexibility changes at a source that do not require a revision to be made to
					 the permit in order for the changes to occur. Such changes shall be classified
					 as follows:
(i) those that contravene an
					 express permit term or
(ii) those
					 that are not addressed or prohibited by the permit. The conditions under which
					 the department shall allow these changes to be made are specified in
					 subsections B and C of this section, respectively.