Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 85 - PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION › Part II - Federal (Title V) Operating Permit Actions › Section 9VAC5-85-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				  of applying this part 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
				  9VAC5-80-60(Definitions)
				  or 9VAC5-80-370(Definitions),
				  as applicable, except for the terms defined in subsection C of this
				  section.
B. Unless otherwise
				  required by context, all terms not defined herein shall have the meanings given
				  them in 9VAC5-10 (General Definitions) or
				  9VAC5-80-5(Definitions),
				  or commonly ascribed to them by recognized authorities, in that order of
				  priority.
C. Terms defined.
"Greenhouse gases (GHGs)" means the aggregate group of six
					 greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
					 perfluorocarbons, and sulfur hexafluoride.
"Major stationary source" means, in lieu of subdivision b
					 in the definition of "major source" in
					 9VAC5-80-60, a major stationary
					 source of air pollutants, as defined in § 302 of the federal Clean Air
					 Act, that directly emits, or has the potential to emit, 100 tpy or more of any
					 air pollutant subject to regulation (including any major source of fugitive
					 emissions of any such pollutant, as determined by rule by the administrator).
					 The fugitive emissions of a stationary source shall not be considered in
					 determining whether it is a major stationary source for the purposes of §
					 302(j) of the federal Clean Air Act, unless the source belongs to one of the 27
					 categories of stationary sources as listed in subdivisions b (1) through (27)
					 in the definition of "major source" in
					 9VAC5-80-60.
"Subject to regulation" means, for any air pollutant, that
					 the pollutant is subject to either a provision in the federal Clean Air Act, or
					 a nationally applicable regulation codified by the administrator in Subchapter
					 C of 40 CFR Chapter I, that requires actual control of the quantity of
					 emissions of that pollutant, and that such a control requirement has taken
					 effect and is operative to control, limit, or restrict the quantity of
					 emissions of that pollutant released from the regulated activity. The following
					 exceptions shall apply:
1. GHGs shall
				  not be subject to regulation unless, as of July 1, 2011, the GHG emissions are
				  at a stationary source emitting or having the potential to emit 100,000 tons
				  per year (tpy) CO2 equivalent emissions
				  (CO2e).
2.
				  The term "tpy CO2 equivalent emissions
				  (CO2e)" shall represent an amount of GHGs emitted, and
				  shall be computed by multiplying the mass amount of emissions (tpy), for each
				  of the six greenhouse gases in the pollutant GHGs, by the gas's associated
				  global warming potential published at Table A-1 to Subpart A of 40 CFR Part 98,
				  and summing the resultant value for each to compute a tpy
				  CO2e. For purposes of this subdivision, prior to July
				  21, 2014, the mass of the greenhouse gas carbon dioxide shall not include
				  carbon dioxide emissions resulting from the combustion or decomposition of
				  nonfossilized and biodegradable organic material originating from plants,
				  animals, or micro-organisms (including products, byproducts, residues, and
				  waste from agriculture, forestry, and related industries as well as the
				  nonfossilized and biodegradable organic fractions of industrial and municipal
				  wastes, including gases and liquids recovered from the decomposition of
				  nonfossilized and biodegradable organic material).