Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 40 - EXISTING STATIONARY SOURCES › Part II - Emission Standards › Article 52 - Emission Standards for Stationary Sources Subject to Case-by-Case BART Determinations › Section 9VAC5-40-7570 - 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
					 meanings given them in subsection C of this section.
B. As used in this article, all terms not
					 defined herein shall have the meaning given them in 9VAC5-10, General
					 Definitions, unless otherwise required by context.
C. Terms defined.
"Administrator" means the administrator of the U.S.
						Environmental Protection Agency (EPA) or an authorized representative.
"BART-eligible source" means an existing stationary
						facility as defined in this subsection.
"Best available retrofit technology" or "BART" means an
						emission limitation based on the degree of reduction achievable through the
						application of the best system of continuous emission reduction for each
						pollutant that is emitted by an existing stationary facility. The emission
						limitation shall be established, on a case-by-case basis, taking into
						consideration the technology available, the costs of compliance, the energy and
						nonair quality environmental impacts of compliance, any pollution control
						equipment in use or in existence at the source, the remaining useful life of
						the source, and the degree of improvement in visibility that may reasonably be
						anticipated to result from the use of such technology.
"Existing stationary facility" means any of the following
						stationary sources of air pollutants, including any reconstructed source, which
						were not in operation prior to August 7, 1962, and were in existence on August
						7, 1977, and have the potential to emit 250 tons per year or more of any air
						pollutant. In determining potential to emit, fugitive emissions, to the extent
						quantifiable, must be counted.
1.
					 Fossil-fuel fired steam electric plants of more than 250 million British
					 thermal units per hour heat input,
2. Coal cleaning plants (thermal
					 dryers),
3. Kraft pulp
					 mills,
4. Portland cement
					 plants,
5. Primary zinc
					 smelters,
6. Iron and steel mill
					 plants,
7. Primary aluminum ore
					 reduction plants,
8. Primary copper
					 smelters,
9. Municipal incinerators
					 capable of charging more than 250 tons of refuse per day,
10. Hydrofluoric, sulfuric, and nitric acid
					 plants,
11. Petroleum
					 refineries,
12. Lime
					 plants,
13. Phosphate rock
					 processing plants,
14. Coke oven
					 batteries,
15. Sulfur recovery
					 plants,
16. Carbon black plants
					 (furnace process),
17. Primary lead
					 smelters,
18. Fuel conversion
					 plants,
19. Sintering
					 plants,
20. Secondary metal
					 production facilities,
21. Chemical
					 process plants,
22. Fossil-fuel
					 boilers of more than 250 million British thermal units per hour heat
					 input,
23. Petroleum storage and
					 transfer facilities with a capacity exceeding 300,000 barrels,
24. Taconite ore processing
					 facilities,
25. Glass fiber
					 processing plants, and
26. Charcoal
					 production facilities.
"Federal class I area" means any federal land that is
						classified or reclassified class I.
"Federal land manager" or "FLM" means the secretary of
						the department with authority over the federal class I area (or the secretary's
						designee).
"Federally enforceable" means all limitations and
						conditions that are enforceable by the administrator under the federal Clean
						Air Act including those requirements developed pursuant to 40 CFR Parts 60 and
						61, requirements within any applicable implementation plan, and any permit
						requirements established pursuant to
						40 CFR
						52.21 or under regulations approved pursuant
						to 40 CFR Parts 51, 52, or 60.
"Fugitive emissions" means those emissions that could not
						reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"In existence" means that the owner has obtained all
						necessary preconstruction approvals or permits required by federal, state, or
						local air pollution emissions and air quality laws or regulations and either
						has (i) begun, or caused to begin, a continuous program of physical on-site
						construction of the facility or (ii) entered into binding agreements or
						contractual obligations, which cannot be cancelled or modified without
						substantial loss to the owner, to undertake a program of construction of the
						facility to be completed in a reasonable time.
"In operation" means engaged in activity related to the
						primary design function of the source.
"Integral vista" means a view perceived from within the
						mandatory federal class I area of a specific landmark or panorama located
						outside the boundary of the mandatory federal class I area.
"Mandatory federal class I area" means any area
						identified in subpart D of 40 CFR Part 81.
"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 enforceable. Secondary emissions
						do not count in determining the potential to emit of a stationary
						source.
"Reasonably attributable" means attributable by visual
						observation or any other technique the board deems appropriate.
"Regional haze" means visibility impairment that is
						caused by the emission of air pollutants from numerous sources located over a
						wide geographic area. Such sources include, but are not limited to, major and
						minor stationary sources, mobile sources, and area sources.
"Secondary emissions" means emissions that occur as a
						result of the construction or operation of an existing stationary facility but
						do not come from the existing stationary facility. Secondary emissions may
						include, but are not limited to, emissions from ships or trains coming to or
						from the existing stationary facility.
"State operating permit" means a permit issued under the
						Article 5 (9VAC5-80-800 et seq.) of Part II of
						9VAC5-80, Permits for Stationary Sources.
"State operating permit program" means the permit program
						established by and codified in Article 5 (9VAC5-80-800 et seq.) of Part II of
						9VAC5-80, Permits for Stationary Sources.
"Visibility-impairing pollutants" means sulfur dioxide
						(SO2), nitrogen oxides (NOX), and
						particulate matter. PM10 may be used as an indicator for
						particulate matter. Volatile organic compounds (VOCs) and ammonia and ammonia
						compounds may be considered to be visibility-impairing pollutants if the board
						determines that emissions of these pollutants may have an impact on visibility
						impairment in an area.