Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1615 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
					 used in this article, all words or terms not defined herein shall have the
					 meanings given them in 9VAC5-10 (General Definitions), unless otherwise
					 required by context.
B. For the
					 purpose of this article,
					 9VAC5-50-280,
					 and applying this article in the context of the Regulations for the Control and
					 Abatement of Air Pollution and related uses, the words or terms shall have the
					 meanings given them in subsection C of this section:
C. Terms defined.
"Actual emissions" means the actual rate of emissions of
						a regulated NSR pollutant from an emissions unit, as determined in accordance
						with subdivisions a, b, and c of this definition, except that this definition
						shall not apply for calculating whether a significant emissions increase has
						occurred, or for establishing a PAL under
						9VAC5-80-1865.
						Instead, the definitions of "projected actual emissions" and "baseline actual
						emissions" shall apply for those purposes.
a. In general, actual emissions as of a
					 particular date shall equal the average rate, in tons per year, at which the
					 unit actually emitted the pollutant during a consecutive 24-month period that
					 precedes the particular date and that is representative of normal source
					 operation. The department will allow the use of a different time period upon a
					 determination that it is more representative of normal source operation. Actual
					 emissions shall be calculated using the unit's actual operating hours,
					 production rates, and types of materials processed, stored, or combusted during
					 the selected time period.
b. The
					 department may presume that source-specific allowable emissions for the unit
					 are equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun
					 normal operations on the particular date, actual emissions shall equal the
					 potential to emit of the unit on that date.
"Actuals PAL for a major stationary source" means a PAL
						based on the baseline actual emissions of all emissions units at the source
						that emit or have the potential to emit the PAL pollutant.
"Administrator" means the administrator of the U.S.
						Environmental Protection Agency (EPA) or an authorized representative.
"Adverse impact on visibility" means visibility
						impairment that interferes with the management, protection, preservation or
						enjoyment of the visitor's visual experience of the federal class I area. This
						determination shall be made on a case-by-case basis taking into account the
						geographic extent, intensity, duration, frequency and time of visibility
						impairment, and how these factors correlate with (i) times of visitor use of
						the federal class I areas, and (ii) the frequency and timing of natural
						conditions that reduce visibility.
"Allowable emissions" means the emissions rate of a
						stationary source calculated using the maximum rated capacity of the source
						(unless the source is subject to federally and state enforceable limits that
						restrict the operating rate, hours of operation, or both) and the most
						stringent of the following:
a. The
					 applicable standards as set forth in
					 40 CFR Parts
					 60,
					 61, and
					 63;
b. The applicable implementation plan
					 emissions limitation including those with a future compliance date;
					 or
c. The emissions limit specified
					 as a federally and state enforceable permit condition, including those with a
					 future compliance date.
For the purposes of actuals PALs, "allowable emissions"
						shall also be calculated considering any emission limitations that are
						enforceable as a practical matter on the emissions unit's potential to
						emit.
"Applicable federal requirement" means all of, but not
						limited to, the following as they apply to emissions units in a source subject
						to this article (including requirements that have been promulgated or approved
						by the administrator through rulemaking at the time of permit issuance but have
						future-effective compliance dates):
a.
					 Any standard or other requirement provided for in an implementation plan
					 established pursuant to § 110 or 111(d) of the federal Clean Air Act,
					 including any source-specific provisions such as consent agreements or
					 orders.
b. Any limit or condition
					 in any construction permit issued under the new source review program or in any
					 operating permit issued pursuant to the state operating permit
					 program.
c. Any emission standard,
					 alternative emission standard, alternative emission limitation, equivalent
					 emission limitation or other requirement established pursuant to § 112 or
					 129 of the federal Clean Air Act as amended in 1990.
d. Any new source performance standard or
					 other requirement established pursuant to § 111 of the federal Clean Air
					 Act, and any emission standard or other requirement established pursuant to
					 § 112 of the federal Clean Air Act before it was amended in
					 1990.
e. Any limitations and
					 conditions or other requirement in a Virginia regulation or program that has
					 been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of
					 implementing and enforcing § 112 of the federal Clean Air Act.
f. Any requirement concerning accident
					 prevention under § 112(r)(7) of the federal Clean Air Act.
g. Any compliance monitoring requirements
					 established pursuant to either § 504(b) or 114(a)(3) of the federal Clean
					 Air Act.
h. Any standard or other
					 requirement for consumer and commercial products under § 183(e) of the
					 federal Clean Air Act.
i. Any
					 standard or other requirement for tank vessels under § 183(f) of the
					 federal Clean Air Act.
j. Any
					 standard or other requirement in 40 CFR Part 55 to control air pollution from
					 outer continental shelf sources.
k.
					 Any standard or other requirement of the regulations promulgated to protect
					 stratospheric ozone under Title VI of the federal Clean Air Act unless the
					 administrator has determined that such requirements need not be contained in a
					 permit issued under this article.
l. With regard to temporary sources subject
					 to 9VAC5-80-130,(i) any ambient air quality standard, except applicable state
					 requirements, and (ii) requirements regarding increments or visibility as
					 provided in this article.
"Baseline actual emissions" means the rate of emissions,
						in tons per year, of a regulated NSR pollutant, as determined in accordance
						with the following:
a. For any
					 existing electric utility steam generating unit, baseline actual emissions
					 means the average rate, in tons per year, at which the unit actually emitted
					 the pollutant during any consecutive 24-month period selected by the owner
					 within the five-year period immediately preceding when the owner begins actual
					 construction of the project. The department will allow the use of a different
					 time period upon a determination that it is more representative of normal
					 source operation.
(1) The average rate shall
					 include fugitive emissions to the extent quantifiable, and emissions associated
					 with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted
					 downward to exclude any noncompliant emissions that occurred while the source
					 was operating above any emission limitation that was legally enforceable during
					 the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a
					 project involves multiple emissions units, only one consecutive 24-month period
					 shall be used to determine the baseline actual emissions for the emissions
					 units being changed. A different consecutive 24-month period may be used for
					 each regulated NSR pollutant.
(4)
					 The average rate shall not be based on any consecutive 24-month period for
					 which there is inadequate information for determining annual emissions, in tons
					 per year, and for adjusting this amount if required by subdivision a (2) of
					 this definition.
b. For
					 an existing emissions unit (other than an electric utility steam generating
					 unit), baseline actual emissions means the average rate, in tons per year, at
					 which the emissions unit actually emitted the pollutant during any consecutive
					 24-month period selected by the owner within the 10-year period immediately
					 preceding either the date the owner begins actual construction of the project,
					 or the date a complete permit application is received by the department for a
					 permit required under this article, whichever is earlier, except that the
					 10-year period shall not include any period earlier than November 15, 1990.
(1) The average rate shall include fugitive
					 emissions to the extent quantifiable, and emissions associated with startups,
					 shutdowns, and malfunctions.
(2)
					 The average rate shall be adjusted downward to exclude any noncompliant
					 emissions that occurred while the source was operating above any emission
					 limitation that was legally enforceable during the consecutive 24-month
					 period.
(3) The average rate shall
					 be adjusted downward to exclude any emissions that would have exceeded an
					 emission limitation with which the major stationary source must currently
					 comply, had such major stationary source been required to comply with such
					 limitations during the consecutive 24-month period. However, if an emission
					 limitation is part of a maximum achievable control technology standard that the
					 administrator proposed or promulgated under 40 CFR Part 63, the baseline actual
					 emissions need only be adjusted if the department has taken credit for such
					 emissions reductions in an attainment demonstration or maintenance plan
					 consistent with the requirements of
					 9VAC5-80-2120
					 K.
(4) For a regulated NSR
					 pollutant, when a project involves multiple emissions units, only one
					 consecutive 24-month period shall be used to determine the baseline actual
					 emissions for all the emissions units being changed. A different consecutive
					 24-month period may be used for each regulated NSR pollutant.
(5) The average rate shall not be based on
					 any consecutive 24-month period for which there is inadequate information for
					 determining annual emissions, in tons per year, and for adjusting this amount
					 if required by subdivisions b (2) and b (3) of this definition.
c. For a new emissions unit, the
					 baseline actual emissions for purposes of determining the emissions increase
					 that will result from the initial construction and operation of such unit shall
					 equal zero; and thereafter, for all other purposes, shall equal the unit's
					 potential to emit.
d. For a PAL for
					 a stationary source, the baseline actual emissions shall be calculated for
					 existing electric utility steam generating units in accordance with the
					 procedures contained in subdivision a of this definition, for other existing
					 emissions units in accordance with the procedures contained in subdivision b of
					 this definition, and for a new emissions unit in accordance with the procedures
					 contained in subdivision c of this subsection.
"Baseline area":
a. Means any intrastate area (and every part
					 thereof) designated as attainment or unclassifiable under §
					 107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act in which the major
					 source or major modification establishing the minor source baseline date would
					 construct or would have an air quality impact for the pollutant for which the
					 baseline date is established, as follows:
(i)
					 for SO2, NO2, or
					 PM10, equal to or greater than 1
					 µg/m3 (annual average); or
(ii) for PM2.5, equal
					 to or greater than 0.3 µg/m3 (annual
					 average).
b. Area
					 redesignations under § 107(d)(1)(A)(ii) or (iii) of the federal Clean Air
					 Act cannot intersect or be smaller than the area of impact of any major
					 stationary source or major modification that:
(1) Establishes a minor source baseline date;
					 or
(2) Is subject to this article
					 or
					 40 CFR
					 52.21 and would be constructed in the same
					 state as the state proposing the redesignation.
c. Any baseline area established originally
					 for the TSP increments shall remain in effect and shall apply for purposes of
					 determining the amount of available PM10 increments,
					 except that such baseline area shall not remain in effect if the department
					 rescinds the corresponding minor source baseline date in accordance with
					 subdivision d of the definition of "baseline date."
"Baseline concentration"
a. Means that ambient concentration level
					 that exists in the baseline area at the time of the applicable minor source
					 baseline date. A baseline concentration is determined for each pollutant for
					 which a minor source baseline date is established and shall include:
(1) The actual emissions representative of
					 sources in existence on the applicable minor source baseline date, except as
					 provided in subdivision b of this definition; and
(2) The allowable emissions of major
					 stationary sources that commenced construction before the major source baseline
					 date, but were not in operation by the applicable minor source baseline
					 date.
b. The following
					 will not be included in the baseline concentration and will affect the
					 applicable maximum allowable increase(s):
(1)
					 Actual emissions from any major stationary source on which construction
					 commenced after the major source baseline date; and
(2) Actual emissions increases and decreases
					 at any stationary source occurring after the minor source baseline date.
"Baseline date"
a. "Major source baseline date" means:
(1) In the case of
					 PM10 and sulfur dioxide, January 6, 1975;
(2) In the case of nitrogen dioxide, February
					 8, 1988; and
(3) In the case of
					 PM2.5, October 20, 2010.
b. "Minor source baseline date" means the
					 earliest date after the trigger date on which a major stationary source or a
					 major modification subject to this article submits a complete application under
					 this article. The trigger date is:
(1) In the
					 case of PM10 and sulfur dioxide, August 7,
					 1977;
(2) In the case of nitrogen
					 dioxide, February 8, 1988; and
(3)
					 In the case of PM2.5, October 20, 2011.
c. The baseline date is
					 established for each pollutant for which increments or other equivalent
					 measures have been established if:
(1) The
					 area in which the proposed source or modification would construct is designated
					 as attainment or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the
					 federal Clean Air Act for the pollutant on the date of its complete application
					 under this article or
					 40 CFR
					 52.21; and
(2) In the case of a major stationary source,
					 the pollutant would be emitted in significant amounts, or, in the case of a
					 major modification, there would be a significant net emissions increase of the
					 pollutant.
d. Any minor
					 source baseline date established originally for the TSP increments shall remain
					 in effect and shall apply for purposes of determining the amount of available
					 PM10 increments, except that the department may rescind
					 any such minor source baseline date where it can be shown, to the satisfaction
					 of the department, that the emissions increase from the major stationary
					 source, or the net emissions increase from the major modification, responsible
					 for triggering that date did not result in a significant amount of
					 PM10 emissions.
"Begin actual construction" means, in general, initiation
						of physical on-site construction activities on an emissions unit that are of a
						permanent nature. Such activities include, but are not limited to, installation
						of building supports and foundations, laying of underground pipework, and
						construction of permanent storage structures. With respect to a change in
						method of operation, this term refers to those on-site activities other than
						preparatory activities that mark the initiation of the change.
"Best available control technology" or "BACT" means an
						emissions limitation (including a visible emissions standard) based on the
						maximum degree of reduction for each regulated NSR pollutant that would be
						emitted from any proposed major stationary source or major modification that
						the department, on a case-by-case basis, taking into account energy,
						environmental, and economic impacts and other costs, determines is achievable
						for such source or modification through application of production processes or
						available methods, systems, and techniques, including fuel cleaning or
						treatment or innovative fuel combustion techniques for control of such
						pollutant. In no event shall application of best available control technology
						result in emissions of any pollutant that would exceed the emissions allowed by
						any applicable standard under
						40 CFR Parts
						60,
						61, and
						63. If the department determines
						that technological or economic limitations on the application of measurement
						methodology to a particular emissions unit would make the imposition of an
						emissions standard infeasible, a design, equipment, work practice, operational
						standard, or combination thereof, may be prescribed instead to satisfy the
						requirement for the application of best available control technology. Such
						standard shall, to the degree possible, set forth the emissions reduction
						achievable by implementation of such design, equipment, work practice or
						operation, and shall provide for compliance by means that achieve equivalent
						results.
"Building, structure, facility or installation" means all
						of the pollutant-emitting activities that belong to the same industrial
						grouping, are located on one or more contiguous or adjacent properties, and are
						under the control of the same person (or persons under common control) except
						the activities of any vessel. Pollutant-emitting activities shall be considered
						as part of the same industrial grouping if they belong to the same "Major
						Group" (i.e., that have the same first two-digit code) as described in the
						Standard Industrial Classification Manual (see
						9VAC5-20-21)
						.
"Clean coal technology" means any technology, including
						technologies applied at the precombustion, combustion, or post combustion
						stage, at a new or existing facility that will achieve significant reductions
						in air emissions of sulfur dioxide or oxides of nitrogen associated with the
						utilization of coal in the generation of electricity, or process steam that was
						not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project" means a
						project using funds appropriated under the heading "Department of Energy-Clean
						Coal Technology," up to a total amount of $2,500,000,000 for commercial
						demonstration of clean coal technology, or similar projects funded through
						appropriations for EPA. The federal contribution for a qualifying project shall
						be at least 20% of the total cost of the demonstration project.
"Commence" as applied to construction of a major
						stationary source or major modification, means that the owner has all necessary
						preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous
					 program of actual on-site construction of the source, to be completed within a
					 reasonable time; or
b. Entered into
					 binding agreements or contractual obligations, that cannot be canceled or
					 modified without substantial loss to the owner, to undertake a program of
					 actual construction of the source, to be completed within a reasonable time.
"Complete" means, in reference to an application for a
						permit, that the application contains all of the information necessary for
						processing the application and the provisions of § 10.1-1321.1 of the
						Virginia Air Pollution Control Law have been met. Designating an application
						complete for the purposes of permit processing does not preclude the department
						from requesting or accepting any additional information.
"Construction" means any physical change or change in the
						method of operation (including fabrication, erection, installation, demolition,
						or modification of an emissions unit) that would result in a change in
						emissions.
"Continuous emissions monitoring system" or "CEMS" means
						all of the equipment that may be required to meet the data acquisition and
						availability requirements of this article, to sample, condition (if
						applicable), analyze, and provide a record of emissions on a continuous
						basis.
"Continuous emissions rate monitoring system" or "CERMS"
						means the total equipment required for the determination and recording of the
						pollutant mass emissions rate (in terms of mass per unit of time).
"Continuous parameter monitoring system" or "CPMS" means
						all of the equipment necessary to meet the data acquisition and availability
						requirements of this article, to monitor process and control device operational
						parameters (for example, control device secondary voltages and electric
						currents) and other information (for example, gas flow rate,
						O2 or CO2 concentrations), and to
						record average operational parameter value(s) on a continuous basis.
"Electric utility steam generating unit" means any steam
						electric generating unit that is constructed for the purpose of supplying more
						than one-third of its potential electric output capacity and more than 25 MW
						electrical output to any utility power distribution system for sale. Any steam
						supplied to a steam distribution system for the purpose of providing steam to a
						steam-electric generator that would produce electrical energy for sale is also
						considered in determining the electrical energy output capacity of the affected
						facility.
"Emissions unit" means any part of a stationary source
						that emits or would have the potential to emit any regulated NSR pollutant and
						includes an electric utility steam generating unit. For purposes of this
						definition, there are two types of emissions units:
(i) a new emissions unit is any emissions
					 unit that is (or will be) newly constructed and that has existed for less than
					 two years from the date such emissions unit first operated; and
(ii) an existing emissions unit is any
					 emissions unit that is not a new emissions unit. A replacement unit is an
					 existing emissions unit.
"Enforceable as a practical matter" means that the permit
						contains emission limitations that are enforceable by the department and meet
						the following criteria:
a. Are
					 permanent;
b. Contain a legal
					 obligation for the owner to adhere to the terms and conditions;
c. Do not allow a relaxation of a requirement
					 of the implementation plan;
d. Are
					 technically accurate and quantifiable;
e. Include averaging times or other
					 provisions that allow at least monthly (or a shorter period if necessary to be
					 consistent with the implementation plan) checks on compliance. This may
					 include, but not be limited to, the following: compliance with annual limits on
					 a rolling basis, monthly or shorter limits, and other provisions consistent
					 with this article and other regulations of the board; and
f. Require a level of recordkeeping,
					 reporting and monitoring sufficient to demonstrate compliance.
"Federal land manager" means, with respect to any lands
						in the United States, the secretary of the department with authority over such
						lands.
"Federally enforceable" means all limitations and
						conditions that are enforceable by the administrator and citizens under the
						federal Clean Air Act or that are enforceable under other statutes administered
						by the administrator. Federally enforceable limitations and conditions include,
						but are not limited to, the following:
a. Emission standards, alternative emission
					 standards, alternative emission limitations, and equivalent emission
					 limitations established pursuant to § 112 of the federal Clean Air Act as
					 amended in 1990.
b. New source
					 performance standards established pursuant to § 111 of the federal Clean
					 Air Act, and emission standards established pursuant to § 112 of the
					 federal Clean Air Act before it was amended in 1990.
c. All terms and conditions (unless expressly
					 designated as not federally enforceable) in a federal operating permit,
					 including any provisions that limit a source's potential to emit.
d. Limitations and conditions that are part
					 of an implementation plan established pursuant to § 110, 111(d) or 129 of
					 the federal Clean Air Act.
e.
					 Limitations and conditions (unless expressly designated as not federally
					 enforceable) that are part of a federal construction permit issued under
					 40 CFR
					 52.21 or a new source review permit issued
					 under regulations approved by the EPA into the implementation plan.
f. Limitations and conditions (unless
					 expressly designated as not federally enforceable) that are part of a state
					 operating permit where the permit and the permit program pursuant to which it
					 was issued meet all of the following criteria:
(1) The operating permit program has been
					 approved by the EPA into the implementation plan under § 110 of the
					 federal Clean Air Act;
(2) The
					 operating permit program imposes a legal obligation that operating permit
					 holders adhere to the terms and limitations of such permits and provides that
					 permits that do not conform to the operating permit program requirements and
					 the requirements of EPA's underlying regulations may be deemed not "federally
					 enforceable" by EPA;
(3) The
					 operating permit program requires that all emission limitations, controls, and
					 other requirements imposed by such permits will be at least as stringent as any
					 other applicable limitations and requirements contained in the implementation
					 plan or enforceable under the implementation plan, and that the program may not
					 issue permits that waive, or make less stringent, any limitations or
					 requirements contained in or issued pursuant to the implementation plan, or
					 that are otherwise "federally enforceable";
(4) The limitations, controls, and
					 requirements in the permit in question are permanent, quantifiable, and
					 otherwise enforceable as a practical matter; and
(5) The permit in question was issued only
					 after adequate and timely notice and opportunity for comment by the EPA and the
					 public.
g. Limitations
					 and conditions in a regulation of the board 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.
h. Individual consent agreements that the EPA
					 has legal authority to create.
"Federal operating permit" means a permit issued under
						the federal operating permit program.
"Federal operating permit program" means an operating
						permit system (i) for issuing terms and conditions for major stationary
						sources, (ii) established to implement the requirements of Title V of the
						federal Clean Air Act and associated regulations, and (iii) codified in Article
						1 (9VAC5-80-50 et
						seq.), Article 2 (9VAC5-80-310 et
						seq.), Article 3 (9VAC5-80-360 et
						seq.), and Article 4 (9VAC5-80-710 et seq.) of
						this part.
"Fugitive emissions" means those emissions that could not
						reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"High terrain" means any area having an elevation 900
						feet or more above the base of the stack of a source.
"Indian governing body" means the governing body of any
						tribe, band, or group of Indians subject to the jurisdiction of the United
						States and recognized by the United States as possessing power of
						self-government.
"Indian reservation" means any federally recognized
						reservation established by treaty, agreement, executive order, or act of
						Congress.
"Innovative control technology" means any system of air
						pollution control that has not been adequately demonstrated in practice, but
						would have substantial likelihood of achieving greater continuous emissions
						reduction than any control system in current practice or of achieving at least
						comparable reductions at lower cost in terms of energy, economics, or nonair
						quality environmental impacts.
"Lowest achievable emission rate" or "LAER" is as defined
						in
						9VAC5-80-2010
						C.
"Locality particularly affected" means any locality that
						bears any identified disproportionate material air quality impact that would
						not be experienced by other localities.
"Low terrain" means any area other than high
						terrain.
"Major emissions unit" means (i) any emissions unit that
						emits or has the potential to emit 100 tons per year or more of the PAL
						pollutant in an attainment area; or (ii) any emissions unit that emits or has
						the potential to emit the PAL pollutant for nonattainment areas in an amount
						that is equal to or greater than the major source threshold for the PAL
						pollutant in subdivision a (1) of the definition of "major stationary source "
						in
						9VAC5-80-2010
						C.
"Major modification"
a. Means any physical change in or change in
					 the method of operation of a major stationary source that would result in a
					 significant emissions increase of a regulated NSR pollutant, and a significant
					 net emissions increase of that pollutant from the major stationary
					 source.
b. Any significant
					 emissions increase from any emissions units or net emissions increase at a
					 major stationary source that is significant for volatile organic compounds or
					 NOX shall be considered significant for ozone.
c. A physical change or change in the method
					 of operation shall not include the following:
(1) Routine maintenance, repair and
					 replacement.
(2) Use of an
					 alternative fuel or raw material by reason of an order under § 2 (a) and
					 (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any
					 superseding legislation) or by reason of a natural gas curtailment plant
					 pursuant to the federal Power Act.
(3) Use of an alternative fuel by reason of
					 any order or rule under § 125 of the federal Clean Air Act.
(4) Use of an alternative fuel at a steam
					 generating unit to the extent that the fuel is generated from municipal solid
					 waste.
(5) Use of an alternative
					 fuel or raw material by a stationary source that:
(a) The source was capable of accommodating
					 before January 6, 1975, unless such change would be prohibited under any
					 federally and state enforceable permit condition that was established after
					 January 6, 1975, pursuant to
					 40 CFR
					 52.21 or this chapter; or
(b) The source is approved to use under any
					 permit issued under
					 40 CFR
					 52.21 or this chapter.
(6) An increase in the hours of operation or
					 in the production rate, unless such change is prohibited under any federally
					 and state enforceable permit condition that was established after January 6,
					 1975, pursuant to
					 40 CFR
					 52.21 or this chapter.
(7) Any change in ownership at a stationary
					 source.
(8) The installation,
					 operation, cessation, or removal of a temporary clean coal technology
					 demonstration project, provided that the project complies with:
(a) The applicable implementation plan;
					 and
(b) Other requirements
					 necessary to attain and maintain the ambient air quality standards during the
					 project and after it is terminated.
(9) The installation or operation of a
					 permanent clean coal technology demonstration project that constitutes
					 repowering, provided that the project does not result in an increase in the
					 potential to emit of any regulated pollutant emitted by the unit. This
					 exemption shall apply on a pollutant-by-pollutant basis.
(10) The reactivation of a very clean
					 coal-fired electric utility steam generating unit.
d. This definition shall not apply with
					 respect to a particular regulated NSR pollutant when the major stationary
					 source is complying with the requirements under
					 9VAC5-80-1865
					 for a PAL for that pollutant. Instead, the definition of "PAL major
					 modification" shall apply.
"Major new source review (NSR) permit" means a permit
						issued under the major new source review program.
"Major new source review (major NSR) program" means a
						preconstruction review and permit program (i) for new major stationary sources
						or major modifications (physical changes or changes in the method of
						operation), (ii) established to implement the requirements of §§ 112,
						165 and 173 of the federal Clean Air Act and associated regulations, and (iii)
						codified in Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1605 et
						seq.) and Article 9 (9VAC5-80-2000 et
						seq.) of this part.
"Major stationary source"
a. Means:
(1) Any of the following stationary sources
					 of air pollutants that emits, or has the potential to emit, 100 tons per year
					 or more of any regulated NSR pollutant:
(a)
					 Fossil fuel-fired steam electric plants of more than 250 million British
					 thermal units per hour heat input.
(b) Coal cleaning plants (with thermal
					 dryers).
(c) Kraft pulp
					 mills.
(d) Portland cement
					 plants.
(e) Primary zinc
					 smelters.
(f) Iron and steel mill
					 plants.
(g) Primary aluminum ore
					 reduction plants.
(h) Primary
					 copper smelters.
(i) Municipal
					 incinerators capable of charging more than 250 tons of refuse per
					 day.
(j) Hydrofluoric acid
					 plants.
(k) Sulfuric acid
					 plants.
(l) Nitric acid
					 plants.
(m) Petroleum
					 refineries.
(n) Lime
					 plants.
(o) Phosphate rock
					 processing plants.
(p) Coke oven
					 batteries.
(q) Sulfur recovery
					 plants.
(r) Carbon black plants
					 (furnace process).
(s) Primary lead
					 smelters.
(t) Fuel conversion
					 plants.
(u) Sintering
					 plants.
(v) Secondary metal
					 production plants.
(w) Chemical
					 process plants (which does not include ethanol production facilities that
					 produce ethanol by natural fermentation included in NAICS codes 325193 or
					 312140).
(x) Fossil fuel boilers
					 (or combination of them) totaling more than 250 million British thermal units
					 per hour heat input.
(y) Petroleum
					 storage and transfer units with a total storage capacity exceeding 300,000
					 barrels.
(z) Taconite ore
					 processing plants.
(aa) Glass fiber
					 processing plants.
(bb) Charcoal
					 production plants;
(2)
					 Notwithstanding the stationary source size specified in subdivision a (1) of
					 this definition, any stationary source that emits, or has the potential to
					 emit, 250 tons per year or more of a regulated NSR pollutant; or
(3) Any physical change that would occur at a
					 stationary source not otherwise qualifying under subdivision a (1) or a (2) of
					 this definition as a major stationary source, if the change would constitute a
					 major stationary source by itself.
b. A major stationary source that is major
					 for volatile organic compounds or NOX shall be
					 considered major for ozone.
c. The
					 fugitive emissions of a stationary source shall not be included in determining
					 for any of the purposes of this article whether it is a major stationary
					 source, unless the source belongs to one of the following categories of
					 stationary sources:
(1) Coal cleaning plants
					 (with thermal dryers).
(2) Kraft
					 pulp mills.
(3) Portland cement
					 plants.
(4) Primary zinc
					 smelters.
(5) Iron and steel
					 mills.
(6) Primary aluminum ore
					 reduction plants.
(7) Primary
					 copper smelters.
(8) Municipal
					 incinerators capable of charging more than 250 tons of refuse per
					 day.
(9) Hydrofluoric, sulfuric, or
					 nitric acid plants.
(10) Petroleum
					 refineries.
(11) Lime
					 plants.
(12) Phosphate rock
					 processing plants.
(13) Coke oven
					 batteries.
(14) Sulfur recovery
					 plants.
(15) Carbon black plants
					 (furnace process).
(16) Primary
					 lead smelters.
(17) Fuel conversion
					 plants.
(18) Sintering
					 plants.
(19) Secondary metal
					 production plants.
(20) Chemical
					 process plants (which shall not include ethanol production facilities that
					 produce ethanol by natural fermentation included in NAICS codes 325193 or
					 312140).
(21) Fossil-fuel boilers
					 (or combination of them) totaling more than 250 million British thermal units
					 per hour heat input.
(22) Petroleum
					 storage and transfer units with a total storage capacity exceeding 300,000
					 barrels.
(23) Taconite ore
					 processing plants.
(24) Glass fiber
					 processing plants.
(25) Charcoal
					 production plants.
(26) Fossil
					 fuel-fired steam electric plants of more than 250 million British thermal units
					 per hour heat input.
(27) Any other
					 stationary source category that, as of August 7, 1980, is being regulated under
					 40 CFR Parts
					 60 and
					 61.
"Minor new source review (NSR) permit" means a permit
						issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a
						preconstruction review and permit program (i) for new stationary sources or
						modifications (physical changes or changes in the method of operation) that are
						not subject to review under the major new source review program, (ii)
						established to implement the requirements of §§ 110(a)(2)(C) and 112
						of the federal Clean Air Act and associated regulations, and (iii) codified in
						Article 6 (9VAC5-80-1100 et
						seq.) of this part.
"Necessary preconstruction approvals or permits" means
						those permits required under NSR programs that are part of the applicable
						implementation plan.
"Net emissions increase" means:
a. With respect to any regulated NSR
					 pollutant emitted by a major stationary source, the amount by which the sum of
					 the following exceeds zero:
(1) The increase
					 in emissions from a particular physical change or change in the method of
					 operation at a stationary source as calculated pursuant to
					 9VAC5-80-1605 G;
					 and
(2) Any other increases and
					 decreases in actual emissions at the major stationary source that are
					 contemporaneous with the particular change and are otherwise creditable.
					 Baseline actual emissions for calculating increases and decreases under this
					 subdivision shall be determined as provided in the definition of "baseline
					 actual emissions," except that subdivisions a (3) and b (4) of that definition
					 shall not apply.
b. An
					 increase or decrease in actual emissions is contemporaneous with the increase
					 from the particular change only if it occurs between:
(1) The date five years before construction
					 on the particular change commences; and
(2) The date that the increase from the
					 particular change occurs.
c. An increase or decrease in actual
					 emissions is creditable only if (i) it occurs between the date five years
					 before construction on the particular change commences and the date that the
					 increase from the particular change occurs; and (ii) the department has not
					 relied on it in issuing a permit for the source under this article (or the
					 administrator under
					 40 CFR
					 52.21), which permit is in effect when the
					 increase in actual emissions from the particular change occurs.
d. An increase or decrease in actual
					 emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs
					 before the applicable minor source baseline date is creditable only if it is
					 required to be considered in calculating the amount of maximum allowable
					 increases remaining available.
e.
					 An increase in actual emissions is creditable only to the extent that the new
					 level of actual emissions exceeds the old level.
f. A decrease in actual emissions is
					 creditable only to the extent that:
(1) The
					 old level of actual emissions or the old level of allowable emissions,
					 whichever is lower, exceeds the new level of actual emissions;
(2) It is enforceable as a practical matter
					 at and after the time that actual construction on the particular change begins;
					 and
(3) It has approximately the
					 same qualitative significance for public health and welfare as that attributed
					 to the increase from the particular change.
g. An increase that results from a physical
					 change at a source occurs when the emissions unit on which construction
					 occurred becomes operational and begins to emit a particular pollutant. Any
					 replacement unit that requires shakedown becomes operational only after a
					 reasonable shakedown period, not to exceed 180 days.
h. Subdivision a of the definition of "actual
					 emissions" shall not apply for determining creditable increases and decreases.
"New source performance standard" or "NSPS" means the
						U.S. Environmental Protection Agency Regulations on Standards of Performance
						for New Stationary Sources as promulgated in 40 CFR Part 60 and designated in
						9VAC5-50-410.
"New source review (NSR) permit" means a permit issued
						under the new source review program.
"New source review (NSR) program" means a preconstruction
						review and permit program (i) for new stationary sources or modifications
						(physical changes or changes in the method of operation); (ii) established to
						implement the requirements of §§ 110(a)(2)(C), 112 (relating to
						permits for hazardous air pollutants), 165 (relating to permits in prevention
						of significant deterioration areas), and 173 (relating to permits in
						nonattainment areas) of the federal Clean Air Act and associated regulations;
						and (iii) codified in Article 6 (9VAC5-80-1100 et
						seq.), Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1605 et
						seq.) and Article 9 (9VAC5-80-2000 et
						seq.) of this part.
"Plantwide applicability limitation" or "PAL" means an
						emission limitation expressed in tons per year, for a pollutant at a major
						stationary source, that is enforceable as a practical matter and established
						sourcewide in accordance with
						9VAC5-80-1865.
"PAL effective date" generally means the date of issuance
						of the PAL permit. However, the PAL effective date for an increased PAL is the
						date any emissions unit that is part of the PAL major modification becomes
						operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with
						the PAL effective date and ending 10 years later.
"PAL major modification" means, notwithstanding the
						definitions for major modification and net emissions increase, any physical
						change in or change in the method of operation of the PAL source that causes it
						to emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the state operating permit issued by
						the department that establishes a PAL for a major stationary source.
"PAL pollutant" means the pollutant for which a PAL is
						established at a major stationary source.
"Potential to emit" means the maximum capacity of a
						stationary source to emit a pollutant under its physical and operational
						design. Any physical or operational limitation on the capacity of the source to
						emit a pollutant, including air pollution control equipment, and restrictions
						on hours of operation or on the type or amount of material combusted, stored,
						or processed, shall be treated as part of its design if the limitation or the
						effect it would have on emissions is federally and state enforceable. Secondary
						emissions do not count in determining the potential to emit of a stationary
						source. For the purposes of actuals PALs, any physical or operational
						limitation on the capacity of the source to emit a pollutant, including air
						pollution control equipment, and restrictions on hours of operation or on the
						type or amount of material combusted, stored, or processed, shall be treated as
						part of its design only if the limitation or the effect it would have on
						emissions is federally enforceable or enforceable as a practical matter by the
						state.
"Predictive emissions monitoring system" or "PEMS" means
						all of the equipment necessary to monitor process and control device
						operational parameters (for example, control device secondary voltages and
						electric currents) and other information (for example, gas flow rate,
						O2 or CO2 concentrations), and
						calculate and record the mass emissions rate (for example, pounds per hour) on
						a continuous basis.
"Project" means a physical change in, or change in the
						method of operation of, an existing major stationary source.
"Projected actual emissions" means the maximum annual
						rate, in tons per year, at which an existing emissions unit is projected to
						emit a regulated NSR pollutant in any one of the five years (12-month period)
						following the date the unit resumes regular operation after the project, or in
						any one of the 10 years following that date, if the project involves increasing
						the emissions unit's design capacity or its potential to emit that regulated
						NSR pollutant and full utilization of the unit would result in a significant
						emissions increase or a significant net emissions increase at the major
						stationary source. In determining the projected actual emissions (before
						beginning actual construction), the owner of the major stationary
						source:
a. Shall consider all relevant
					 information, including but not limited to, historical operational data, the
					 company's own representations, the company's expected business activity and the
					 company's highest projections of business activity, the company's filings with
					 the state or federal regulatory authorities, and compliance plans under the
					 approved implementation plan;
b.
					 Shall include fugitive emissions to the extent quantifiable and emissions
					 associated with startups, shutdowns, and malfunctions; and
c. Shall exclude, in calculating any increase
					 in emissions that results from the particular project, that portion of the
					 unit's emissions following the project that an existing unit could have emitted
					 during the consecutive 24-month period used to establish the baseline actual
					 emissions and that are also unrelated to the particular project, including any
					 increased utilization due to product demand growth, provided such exclusion
					 shall not reduce any calculated increases in emissions that are caused by,
					 result from, or are related to the particular project; or
d. In lieu of using the method set out in
					 subdivisions a through c of this definition, may elect to use the emissions
					 unit's potential to emit, in tons per year.
"Reactivation of a very clean coal-fired electric utility
						steam generating unit" means any physical change or change in the method of
						operation associated with the commencement of commercial operations by a
						coal-fired utility unit after a period of discontinued operation where the
						unit:
a. Has not been in operation for
					 the two-year period prior to the enactment of the federal Clean Air Act
					 Amendments of 1990, and the emissions from such unit continue to be carried in
					 the department's emissions inventory at the time of enactment;
b. Was equipped prior to shutdown with a
					 continuous system of emissions control that achieves a removal efficiency for
					 sulfur dioxide of no less than 85% and a removal efficiency for particulates of
					 no less than 98%;
c. Is equipped
					 with low-NOX burners prior to the time of commencement of operations following
					 reactivation; and
d. Is otherwise
					 in compliance with the requirements of the federal Clean Air Act.
"Reasonably available control technology" or "RACT" means
						the lowest emission limit that a particular source is capable of meeting by the
						application of control technology that is reasonably available, considering
						technological and economic feasibility.
"Regulated NSR pollutant" means:
a. Any pollutant for which an ambient air
					 quality standard has been promulgated. This includes, but is not limited to,
					 the following:
(1)
					 PM2.5 emissions and PM10
					 emissions shall include gaseous emissions from a source or activity that
					 condense to form particulate matter at ambient temperatures. On or after
					 January 1, 2011, such condensable particulate matter shall be accounted for in
					 applicability determinations and in establishing emissions limitations for
					 PM2.5 and PM10 issued under this
					 article. Compliance with emissions limitations for PM2.5
					 and PM10 issued prior to this date shall not be based on
					 condensable particulate matter unless required by the terms and conditions of
					 the permit. Applicability determinations made prior to this date without
					 accounting for condensable particulate matter shall not be considered in
					 violation of this article.
(2) Any
					 pollutant identified under this subdivision as a constituent or precursor to a
					 pollutant for which an ambient air quality standard has been promulgated.
					 Precursors identified for the purposes of this article shall be the following:
(a) Volatile organic compounds and nitrogen
					 oxides are precursors to ozone in all attainment and unclassifiable
					 areas.
(b) Sulfur dioxide is a
					 precursor to PM2.5 in all attainment and unclassifiable
					 areas.
(c) Nitrogen oxides are
					 presumed to be precursors to PM2.5 in all attainment and
					 unclassifiable areas, unless the department determines that emissions of
					 nitrogen oxides from sources in a specific area are not a significant
					 contributor to that area's ambient PM2.5
					 concentrations.
(d) Volatile
					 organic compounds are presumed not to be precursors to
					 PM2.5 in any attainment or unclassifiable area, unless
					 the department determines that emissions of volatile organic compounds from
					 sources in a specific area are a significant contributor to that area's ambient
					 PM2.5 concentrations.
b. Any pollutant that is subject to any
					 standard promulgated under § 111 of the federal Clean Air Act.
c. Any class I or II substance subject to a
					 standard promulgated under or established by Title VI of the federal Clean Air
					 Act.
d. Any pollutant that
					 otherwise is subject to regulation under the federal Clean Air Act; except that
					 any or all hazardous air pollutants either listed in § 112 of the federal
					 Clean Air Act or added to the list pursuant to § 112(b)(2), which have not
					 been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants
					 unless the listed hazardous air pollutant is also regulated as a constituent or
					 precursor of a general pollutant listed under § 108 of the federal Clean
					 Air Act.
"Replacement unit" means an emissions unit for which all
						the following criteria are met. No creditable emission reductions shall be
						generated from shutting down the existing emissions unit that is
						replaced.
a. The emissions unit is a
					 reconstructed unit within the meaning of
					 40 CFR
					 60.15(b)(1), or the
					 emissions unit completely takes the place of an existing emissions
					 unit.
b. The emissions unit is
					 identical to or functionally equivalent to the replaced emissions
					 unit.
c. The replacement does not
					 change the basic design parameters of the process unit.
d. The replaced emissions unit is permanently
					 removed from the major stationary source, otherwise permanently disabled, or
					 permanently barred from operation by a permit that is enforceable as a
					 practical matter. If the replaced emissions unit is brought back into
					 operation, it shall constitute a new emissions unit.
"Repowering" means:
a. 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.
b. Repowering shall also
					 include any oil and/or gas-fired unit which has been awarded clean coal
					 technology demonstration funding as of January 1, 1991, by the Department of
					 Energy.
c. The department may give
					 expedited consideration to permit applications for any source that satisfies
					 the requirements of this definition and is granted an extension under §
					 409 of the federal Clean Air Act.
"Secondary emissions" means emissions that would occur as
						a result of the construction or operation of a major stationary source or major
						modification, but do not come from the major stationary source or major
						modification itself. For the purpose of this article, secondary emissions shall
						be specific, well defined, quantifiable, and affect the same general area as
						the stationary source or modification that causes the secondary emissions.
						Secondary emissions include emissions from any offsite support facility that
						would not be constructed or increase its emissions except as a result of the
						construction or operation of the major stationary source or major modification.
						Secondary emissions do not include any emissions that come directly from a
						mobile source, such as emissions from the tailpipe of a motor vehicle, from a
						train, or from a vessel.
"Significant" means:
a. In reference to a net emissions increase
					 or the potential of a source to emit any of the following pollutants, a rate of
					 emissions that would equal or exceed any of the following rates:
Pollutant
Emissions Rate
Carbon Monoxide
100 tons per year (tpy)
Nitrogen Oxides
40 tpy
Sulfur Dioxide
40 tpy
Particulate Matter (TSP)
25 tpy
PM10
15 tpy
PM2.5
10 tpy of direct PM2.5
									 emissions; 40 tpy of SO2 emissions; 40 tpy of
									 NOX emissions unless demonstrated not to be a
									 PM2.5 precursor under the definition of "regulated NSR
									 pollutant"
Ozone
40 tpy of volatile organic compounds or
									 NOX
Lead
0.6 tpy
Fluorides
3 tpy
Sulfuric Acid Mist
7 tpy
Hydrogen Sulfide
									 (H2S)
10 tpy
Total Reduced Sulfur (including
									 H2S)
10 tpy
Reduced Sulfur Compounds (including
									 H2S)
10 tpy
Municipal waste combustor organics (measured as
									 total tetra-through octa-chlorinated dibenzo-p-dioxins and
									 dibenzofurans)
3.5 x 10-6
									 tpy
Municipal waste combustor metals (measured as
									 particulate matter)
15 tpy
Municipal waste combustor acid gases (measured
									 as the sum of SO2 and HCl)
40 tpy
Municipal solid waste landfills emissions
									 (measured as nonmethane organic compounds)
50 tpy
b. In reference to a net emissions increase
					 or the potential of a source to emit a regulated NSR pollutant that subdivision
					 a of this definition does not list, any emissions rate.
c. Notwithstanding subdivision a of this
					 definition, any emissions rate or any net emissions increase associated with a
					 major stationary source or major modification that would construct within 10
					 kilometers of a class I area and have an impact on such area equal to or
					 greater than 1 µg/m3 (24-hour
					 average).
"Significant emissions increase" means, for a regulated
						NSR pollutant, an increase in emissions that is significant for that
						pollutant.
"Significant emissions unit" means an emissions unit that
						emits or has the potential to emit a PAL pollutant in an amount that is
						significant for that PAL pollutant, but less than the amount that would qualify
						the unit as a major emissions unit.
"Small emissions unit" means an emissions unit that emits
						or has the potential to emit the PAL pollutant in an amount less than the
						significant level for that PAL pollutant.
"State enforceable" means all limitations and conditions
						that are enforceable as a practical matter, including any regulation of the
						board, those requirements developed pursuant to
						9VAC5-170-160,
						requirements within any applicable order or variance, and any permit
						requirements established pursuant to this chapter.
"State operating permit" means a permit issued under the
						state operating permit program.
"State operating permit program" means an operating
						permit program (i) for issuing limitations and conditions for stationary
						sources; (ii) promulgated to meet the EPA's minimum criteria for federal
						enforceability, including adequate notice and opportunity for the EPA and
						public comment prior to issuance of the final permit, and practicable
						enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et
						seq.) of this part.
"Stationary source" means any building, structure,
						facility, or installation that emits or may emit a regulated NSR
						pollutant.
"Temporary clean coal technology demonstration project"
						means a clean coal technology demonstration project that is operated for a
						period of five years or less, and that complies with the applicable
						implementation plan and other requirements necessary to attain and maintain the
						ambient air quality standards during the project and after it is
						terminated.