Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 60 - HAZARDOUS AIR POLLUTANT SOURCES › Part II - Emission Standards › Article 3 - Control Technology Determinations for Major Sources of Hazardous Air Pollutants(Rule 6-3) › Section 9VAC5-60-130 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
					 of 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
					 meaning given them in subsection C of this section.
B. As used in this article, all terms not
					 defined herein shall have the meanings given them in 9VAC5 Chapter 10
					 (9VAC5-10), unless otherwise required by context.
C. Terms defined.
"Administrator" means the Administrator of the United
						States Environmental Protection Agency or his authorized representative.
"Affected source" means the collection of equipment,
						activities, or both within a single contiguous area and under common control
						that is in a source category or subcategory under § 112(c) of the federal
						Clean Air Act for which the administrator has failed to promulgate a MACT
						standard by the § 112(j) deadline, and that is addressed by an applicable
						MACT emission limitation established pursuant to this article.
"Affected states" means all states (i) whose air quality
						may be affected and that are contiguous to the Commonwealth of Virginia, and
						(ii) whose air quality may be affected and that are within 50 miles of the
						major source for which a MACT determination is made in accordance with 40 CFR
						Part 63.
"Alternative emission limitation" means conditions
						established pursuant to § 112(i)(5) or § 112(i)(6) of the federal
						Clean Air Act by the administrator or the board.
"Alternative emission standard" means an alternative
						means of emission limitation that, after notice and opportunity for public
						comment, has been demonstrated by an owner to the administrator's satisfaction
						to achieve a reduction in emissions of any air pollutant at least equivalent to
						the reduction in emissions of such pollutant achieved under a relevant design,
						equipment, work practice, or operational emission standard, or combination
						thereof, established under 40 CFR Part 63 pursuant to § 112(h) of the
						federal Clean Air Act.
"Area source" means any stationary source of hazardous
						air pollutants that is not a major source.
"Available information" means, for purposes of conducting
						a MACT floor finding and identifying control technology options for affected
						sources subject to the provisions of this article, any information that is
						available as of the date on which the first Part 2 MACT application is filed
						for a source in the relevant source category or subcategory, and, pursuant to
						the requirements of this article, is additional relevant information that can
						be expeditiously provided by the board or administrator, is submitted by the
						applicant or others prior to or during the public comment period on the
						equivalent emission limitation for that source under § 112(j) of the
						federal Clean Air Act, or information contained in the following information
						sources:
1. A relevant proposed
					 regulation, including all supporting information.
2. Relevant background information documents
					 for a draft or proposed regulation.
3. Any relevant regulation, information, or
					 guidance collected by the board or administrator establishing a MACT floor
					 finding or a case-by-case MACT determination.
4. Relevant data and information available
					 from the Clean Air Control Technology Center developed pursuant to §
					 112(l)(3) of the federal Clean Air Act.
5. Relevant data and information contained in
					 the Aerometric Informational Retrieval System (AIRS).
6. Any additional information that can be
					 expeditiously provided by the board or administrator.
7. Any information provided by applicants in
					 an application for a federal operating permit, permit modification,
					 administrative amendment, or hazardous air pollutant new source review permit
					 pursuant to the requirements of this article.
8. Any additional relevant information
					 provided by the applicant.
"Case-by-case MACT determination" means a determination
						by the board, pursuant to the requirements of this article, which establishes a
						MACT emission limitation, MACT work practice standard, or other MACT
						requirements for an affected source subject to this article.
"Commenced" means, with respect to construction or
						reconstruction of an affected source, that an owner has undertaken a continuous
						program of construction or reconstruction or that an owner has entered into a
						contractual obligation to undertake and complete, within a reasonable time, a
						continuous program of construction or reconstruction.
"Construction" means the on-site fabrication, erection,
						or installation of an affected source. Construction does not include the
						removal of all equipment comprising an affected source from an existing
						location and reinstallation of such equipment at a new location. The owner of
						an existing source that is relocated may elect not to reinstall minor ancillary
						equipment including, but not limited to, piping, ductwork, and valves. However,
						removal and reinstallation of an affected source will be construed as
						reconstruction if it satisfies the criteria for reconstruction as defined in
						this section. The costs of replacing minor ancillary equipment must be
						considered in determining whether the existing affected source is
						reconstructed.
"Control technology" means measures, processes, methods,
						systems, or techniques to limit the emission of hazardous air pollutants
						including, but not limited to, measures which:
1. Reduce the quantity, or eliminate
					 emissions, of such pollutants through process changes, substitution of
					 materials or other modifications;
2. Enclose systems or processes to eliminate
					 emissions;
3. Collect, capture, or
					 treat such pollutants when released from a process, stack, storage or fugitive
					 emissions point;
4. Are design,
					 equipment, work practice, or operational standards (including requirements for
					 operator training or certification) as provided in
					 42 USC
					 7412(h); or
5. Are a combination of subdivisions 1
					 through 4 of this definition.
"Effective date" means:
1. With regard to an emission standard
					 established under 40 CFR Part 63, the date of promulgation in the Federal
					 Register of such standard; or
2.
					 With regard to an alternative emission limitation or equivalent emission
					 limitation determined by the administrator or board, the date that the
					 alternative emission limitation or equivalent emission limitation becomes
					 effective according to the provisions of 40 CFR Part 63.
"Emission point" means any part or activity of a major
						source that emits or has the potential to emit, under current operational
						design, any hazardous air pollutant.
"Emission standard" means a national standard,
						limitation, prohibition, or other regulation promulgated in a subpart of 40 CFR
						Part 63 pursuant to § 112(d), § 112(f), or § 112(h) of the
						federal Clean Air Act and incorporated by reference in 9VAC5 Chapter 60
						(9VAC5-60).
"Enhanced review" means a review process containing all
						administrative steps needed to ensure that the terms and conditions resulting
						from the review process can be incorporated using federal operating permit
						program procedures.
"EPA" means the United States Environmental Protection
						Agency.
"Equivalent emission limitation" means an emission
						limitation, established under this article, which is equivalent to the emission
						standard that EPA would have promulgated under § 112(d) or § 112(h)
						of the federal Clean Air Act.
"Existing source" means any affected source that is not a
						new source.
"Federal operating permit" means a permit issued under
						Article 1 (9VAC5-80-50 et seq.) or Article 3
						(9VAC5-80-360 et seq.) of Part II of
						9VAC5 Chapter 80.
"Federal operating permit program" means the operating
						permit system established pursuant to Title V of the federal Clean Air Act and
						regulations 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 Part II of
						9VAC5 Chapter 80.
"Federally enforceable" means all limitations and
						conditions that are enforceable by the administrator and citizens under the
						federal Clean Air Act or that are enforceable under other statutes administered
						by the administrator. Federally enforceable limitations and conditions include,
						but are not limited to the following:
1. Emission standards, alternative emission
					 standards, alternative emission limitations, and equivalent emission
					 limitations established pursuant to § 112 of the federal Clean Air Act as
					 amended in 1990.
2. New source
					 performance standards established pursuant to § 111 of the federal Clean
					 Air Act, and emission standards established pursuant to § 112 of the
					 federal Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal
					 operating permit, including any provisions that limit a source's potential to
					 emit, unless expressly designated as not federally enforceable.
4. Limitations and conditions that are part
					 of an approved implementation plan.
5. Limitations and conditions that are part
					 of a federal construction permit issued under
					 40 CFR
					 52.21 or a new source review program permit
					 issued under regulations approved by the EPA into the implementation
					 plan.
6. Limitations and conditions
					 that are part of a state operating permit where the permit and the permitting
					 program pursuant to which it was issued meet all of the following criteria:
a. The operating permit program has been
					 submitted to and approved by EPA into a state implementation plan (SIP) under
					 § 110 of the federal Clean Air Act;
b. The SIP 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;
c. 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 SIP or enforceable under the SIP, 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 SIP, or that
					 are otherwise "federally enforceable";
d. The limitations, controls, and
					 requirements in the permit in question are permanent, quantifiable, and
					 otherwise enforceable as a practical matter; and
e. The permit in question was issued only
					 after adequate and timely notice and opportunity for comment for EPA and the
					 public.
7. Limitations
					 and conditions in a Virginia regulation or program that has been approved by
					 the EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and
					 enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that the EPA
					 has legal authority to create.
"Fugitive emissions" means those emissions from a
						stationary source that could not reasonably pass through a stack, chimney,
						vent, or other functionally equivalent opening. Under § 112 of the Clean
						Air Act, all fugitive emissions are to be considered in determining whether a
						stationary source is a major source.
"Hazardous air pollutant" means any air pollutant listed
						in § 112(b) of the federal Clean Air Act, as amended by
						40 CFR
						63.60.
"Hazardous air pollutant new source review permit" means
						a document issued pursuant to Article 7 (9VAC5-80-1400 et seq.) of Part II
						of 9VAC5 Chapter 80 containing all federally enforceable conditions necessary
						to enforce the application and operation of any maximum achievable control
						technology or other control technologies such that the MACT emission limitation
						is met.
"Hazardous air pollutant new source review program" means
						a program for the preconstruction review and permitting of new stationary
						sources that emit hazardous air pollutants in accordance with Article 7
						(9VAC5-80-1400 et seq.) of Part II
						of 9VAC5 Chapter 80, promulgated to implement the requirements of § 112
						(relating to permits for hazardous air pollutants) of the federal Clean Air
						Act.
"Major source" means any stationary source or group of
						stationary sources located within a contiguous area and under common control
						that emits or has the potential to emit considering controls, in the aggregate,
						10 tons per year or more of any hazardous air pollutant or 25 tons per year or
						more of any combination of hazardous air pollutants, unless the board
						establishes a lesser quantity, or in the case of radionuclides, different
						criteria from those specified in this sentence.
"Maximum achievable control technology (MACT) emission
						limitation for existing sources" means the emission limitation reflecting the
						maximum degree of reduction in emissions of hazardous air pollutants (including
						a prohibition on such emissions, where achievable) that the board, taking into
						consideration the cost of achieving such emission reductions, and any nonair
						quality health and environmental impacts and energy requirements, determines is
						achievable by sources in the category or subcategory to which such a MACT
						standard applies. This limitation shall not be less stringent than the MACT
						floor.
"Maximum achievable control technology (MACT) emission
						limitation for new sources" means the emission limitation which is not less
						stringent than the emission limitation achieved in practice by the best
						controlled similar source, and which reflects the maximum degree of reduction
						in emissions of hazardous air pollutants (including a prohibition on such
						emissions, where achievable) that the board, taking into consideration the cost
						of achieving such emission reduction, and any nonair quality health and
						environmental impacts and energy requirements, determines is achievable by
						sources in the category or subcategory to which such a MACT standard
						applies.
"Maximum achievable control technology (MACT) floor"
						means:
1. For existing sources:
a. The average emission limitation achieved
					 by the best performing 12% of the existing sources (for which the administrator
					 has emissions information), excluding those sources that have, within 18 months
					 before the emission standard is proposed or within 30 months before such
					 standard is promulgated, whichever is later, first achieved a level of emission
					 rate or emission reduction which complies, or would comply if the source is not
					 subject to such standard, with the lowest achievable emission rate (as defined
					 in 9VAC5-80-2010 ) applicable to the
					 source category and prevailing at the time, in the category or subcategory, for
					 categories and subcategories of stationary sources with 30 or more sources;
					 or
b. The average emission
					 limitation achieved by the best performing five sources (for which the
					 administrator has or could reasonably obtain emissions information) in the
					 category or subcategory, for a category or subcategory of stationary sources
					 with fewer than 30 sources;
2. For new sources, the emission limitation
					 achieved in practice by the best controlled similar source.
"Maximum achievable control technology (MACT) standard"
						means:
1. An emission
					 standard;
2. An alternative
					 emission standard;
3. An
					 alternative emission limitation; or
4. An equivalent emission limitation
					 established pursuant to § 112 of the federal Clean Air Act that applies to
					 the collection of equipment, activities, or both, regulated by such standard or
					 limitation.
A MACT standard may include or consist of a design,
						equipment, work practice, or operational requirement, or other measure,
						process, method, system, or technique (including prohibition of emissions) that
						the administrator or board establishes for new or existing sources to which
						such standard or limitation applies. Every MACT standard established pursuant
						to § 112 of the federal Clean Air Act includes Subpart A of 40 CFR Part
						63, as provided by 40 CFR
						63.1(a)(4), and all
						applicable appendices of 40 CFR Part 63 or of other parts of Title 40 of the
						Code of Federal Regulations that are referenced in that standard.
"Minor new source review (MNSR) permit" means a document
						issued pursuant to Article 6 (9VAC5-80-1100 et seq.)
						of Part II of 9VAC5 Chapter 80 containing all federally enforceable conditions
						necessary to enforce the application and operation of any best achievable
						control technology or other requirements such that the applicable requirements
						are met.
"New affected source" means the collection of equipment,
						activities, or both, that if constructed after the issuance of a permit for the
						source pursuant to
						9VAC5-60-140, is subject to the
						applicable MACT emission limitation for new sources. Each permit shall define
						the term "new affected source," which will be the same as the "affected source"
						unless a different collection is warranted based on consideration of factors
						including:
1. Emission reduction
					 impacts of controlling individual sources versus groups of sources;
2. Cost effectiveness of controlling
					 individual equipment;
3.
					 Flexibility to accommodate common control strategies;
4. Cost and benefits of emissions
					 averaging;
5. Incentives for
					 pollution prevention;
6.
					 Feasibility and cost of controlling processes that share common equipment
					 (e.g., product recovery devices);
7. Feasibility and cost of monitoring;
					 and
8. Other relevant factors.
"New source" means any affected source the construction
						or reconstruction of which is commenced after the administrator first proposes
						a MACT standard under 40 CFR Part 63 establishing an emission standard
						applicable to such source.
"New source review program" means a program for the
						preconstruction review and permitting of new stationary sources or expansions
						to existing ones in accordance with Article 6 (9VAC5-80-1100 et seq.), Article 7
						(9VAC5-80-1400 et seq.), Article 8
						(9VAC5-80-1700 et seq.), or Article
						9 (9VAC5-80-2000 et seq.) of Part II
						of 9VAC5 Chapter 80 promulgated 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.
"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
						stationary 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 state and
						federally enforceable. Fugitive emissions count in determining the potential to
						emit of a stationary source.
"Reconstruction," unless otherwise defined in a MACT
						standard, means the replacement of components of an affected or a previously
						nonaffected source to such an extent that:
1. The fixed capital cost of the new
					 components exceeds 50% of the fixed capital cost that would be required to
					 construct a comparable new source; and
2. It is technologically and economically
					 feasible for the reconstructed source to meet the MACT standards established by
					 the administrator (or the board) pursuant to § 112 of the Clean Air Act.
					 Upon reconstruction, an affected source, or a stationary source that becomes an
					 affected source, is subject to MACT standards for new sources, including
					 compliance dates, irrespective of any change in emissions of hazardous air
					 pollutants from that source.
"Research or laboratory activities" means activities
						whose primary purpose is to conduct research and development into new processes
						and products where such activities are operated under the close supervision of
						technically trained personnel and are not engaged in the manufacture of
						products for commercial sale in commerce, except in a de minimis manner, and
						where the source is not in a source category, specifically addressing research
						or laboratory activities, that is listed pursuant to § 112(c)(7) of the
						federal Clean Air Act.
"Section 112(j) deadline" or "§ 112(j) deadline"
						means the date 18 months after the date by which a MACT standard is scheduled
						to be promulgated under 40 CFR Part 63, except that for all major sources
						listed in the source category schedule for which a MACT standard is scheduled
						to be promulgated by November 15, 1994, the § 112(j) deadline is November
						15, 1996, and for all major sources listed in the source category schedule for
						which a MACT standard is scheduled to be promulgated by November 15, 1997, the
						§ 112(j) deadline is December 15, 1999.
"Similar source" means that equipment or collection of
						equipment that, by virtue of its structure, operability, type of emissions and
						volume and concentration of emissions, is substantially equivalent to the new
						affected source and employs control technology for control of emissions of
						hazardous air pollutants that is practical for use on the new affected
						source.
"Source category schedule for standards" means the
						schedule issued pursuant to § 112(e) of the federal Clean Air Act for
						promulgating MACT standards issued pursuant to § 112(d) of the federal
						Clean Air Act and published in the Federal Register at 67 FR 6521, February 12,
						2002.