Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 40 - EXISTING STATIONARY SOURCES › Part II - Emission Standards › Article 51 - Emission Standards for Stationary Sources Subject to Case-by-Case RACTDetermination (Rule 4-51) › Section 9VAC5-40-7410 - Standard for nitrogen oxides (one-hour ozone standard)

Current through Register Vol. 40, No. 24, July 15, 2024
A. No owner or other person shall cause or
					 permit to be discharged from any affected facility any nitrogen oxides
					 (NOX) emissions in excess of that resultant from using
					 RACT.
B. Unless the owner
					 demonstrates otherwise to the satisfaction of the board, facilities to which
					 the presumptive RACT provisions of
					 9VAC5-40-7430 are applicable shall
					 comply with the provisions of subsection A of this section by the use of
					 presumptive RACT.
C. The provisions
					 of this section apply to all facilities that (i) are within a stationary source
					 in the emissions control areas specified in Table 4-51C and (ii) are within a
					 stationary source that has a theoretical potential to emit at the applicable
					 source thresholds specified in Table 4-51C.
TABLE 4-51C. Notification and Compliance
								Dates for Facilities Located in NOX Emissions Control
								Areas for Which There is No Presumptive RACT.
Emissions Control Area
Source Threshold
Notification Date
Compliance Date
Northern Virginia
[GREATER THAN EQUALS TO] 50 tpy
April 1, 1993
May 31, 1995
Northern Virginia
[GREATER THAN EQUALS TO] 25 tpy and < 50 tpy
September 4, 2003
November 15, 2005
Western Virginia
[GREATER THAN EQUALS TO] 100 tpy
June 24, 2004
November 15, 2005
D. For facilities subject to the provisions
					 of this section and for which there is no presumptive RACT definition, the
					 owners shall, by the notification dates specified in Table 4-51C, (i) notify
					 the board of their applicability status, (ii) commit to making a determination
					 as to what constitutes RACT for the facilities and (iii) provide a schedule
					 acceptable to the board for making this determination and for achieving
					 compliance with the emission standard as expeditiously as possible but no later
					 than the compliance dates specified in Table 4-51C.
E. For facilities subject to the provisions
					 of this section and for which there is a presumptive RACT definition, the
					 owners shall, by the notification dates specified in Table 4-51D, (i) notify
					 the board of their applicability status, (ii) commit to accepting the
					 presumptive RACT emission limits as RACT for the applicable facilities or to
					 submitting a demonstration as provided in subsection B of this section and
					 (iii) provide a schedule acceptable to the board for submitting the
					 demonstration no later than the demonstration dates specified in Table 4-51D,
					 and for achieving compliance with the emission standard as expeditiously as
					 possible but no later than the compliance dates specified in Table 4-51D.
TABLE 4-51D. Notification and Compliance
								Dates for Facilities Located in NOX Emissions Control
								Areas for Which Presumptive RACT is Defined.
Emissions Control Area
Source Threshold
Notification Date
Demonstration Date
Compliance Date
Northern Virginia
[GREATER THAN EQUALS TO] 50 tpy
April 1, 1993
January 1, 1994
May 31, 1995
Northern Virginia
[GREATER THAN EQUALS TO] 25 tpy and < 50 tpy
September 4, 2003
January 1, 2004
November 15, 2005
Western Virginia
[GREATER THAN EQUALS TO] 100 tpy
June 24, 2004
January 1, 2004
November 15, 2005
F. No owner or other person shall cause or
					 permit to be discharged from any facility any NOX
					 emissions in excess of those necessary to achieve emissions reductions
					 identified in any attainment or maintenance plan or any other legally
					 enforceable document submitted to the U.S. Environmental Protection Agency as a
					 revision to the state implementation plan.
1.
					 The facilities to which the provisions of this subsection apply are facilities
					 within any emissions control area (see
					 9VAC5-20-206 ) identified in any
					 attainment or maintenance plan submitted to the U.S. Environmental Protection
					 Agency as a revision to the state implementation plan.
2. The board may establish case-by-case
					 emission limits and other requirements as may be necessary to achieve the
					 required emission reductions via permits, consent orders, or other legally
					 enforceable means.
3. Facilities
					 subject to this subsection shall be in compliance with any limits and other
					 requirements established pursuant to subdivision 2 of this subsection within
					 the timeframes established in any state plan revision, permit, or other legally
					 enforceable document.