Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part I - Definitions › Section 9VAC5-520-20 - Terms defined

Current through Register Vol. 40, No. 24, July 15, 2024
"Agricultural processed co-products" means residual plant
					 materials or products extracted from plant materials. This does not include
					 products created as a result of a chemical reaction in which the plant
					 materials have been intentionally chemically altered such as, but not limited
					 to, biodiesel or glycerin.
"Biomass" means organic material that is available on a
					 renewable or recurring basis, including:
1. Forest-related materials, including
				  uncontaminated mill residues, logging residues, forest thinning, slash, brush,
				  low-commercial value materials or undesirable species, and woody material
				  harvested for the purpose of forest fire fuel reduction or forest health and
				  watershed improvement;
2.
				  Agricultural-related materials, including orchard trees, vineyard, grain or
				  crop residues, including straws, aquatic plants and agricultural processed
				  co-products and waste products, including fats, oils, greases, whey, and
				  lactose;
3. Animal waste, including
				  manure and slaughterhouse and other animal processing waste;
4. Solid woody waste materials, including
				  landscape trimmings, waste pallets, crates and manufacturing, construction, and
				  demolition wood wastes, excluding pressure-treated, chemically treated or
				  painted wood wastes, and wood contaminated with plastic;
5. Crops and trees planted for the purpose of
				  being used to produce energy;
6.
				  Landfill gas, wastewater treatment gas, and biosolids, including organic waste
				  byproducts generated during the wastewater treatment process; and
7. Municipal solid waste, excluding tires and
				  medical and hazardous waste.
"Biomass pilot test facility" means a facility that (i) is
					 being operated using biomass as a fuel to obtain emissions testing data in
					 order to determine if a source is subject to any new source review permit
					 program, and (ii) includes the qualified energy generator and any fuel
					 preparation, storage, and handling emission units.
"Biosolids" means a sewage sludge that has received an
					 established treatment for required pathogen control and is treated or managed
					 to reduce vector attraction to a satisfactory level and contains acceptable
					 levels of pollutants, such that it is acceptable for use for land application,
					 marketing, or distribution in accordance with 9VAC25-32 (Virginia Pollution
					 Abatement Permit Program Regulation).
"Clean wood" means uncontaminated natural wood. Clean wood
					 includes, but is not limited to, byproducts of harvesting activities conducted
					 for forest management or commercial logging, or uncontaminated mill residues
					 consisting of bark, chips, edgings, sawdust, shavings, or slabs. It does not
					 include wood that has been treated with glues, binders, or resins.
"Construct and test" means to construct a biomass pilot
					 test facility and associated equipment including a qualified energy generator,
					 and to then conduct appropriate testing in accordance with
					 9VAC5-520-180 in order to determine
					 the uncontrolled emissions rate from the facility. If the facility is
					 determined to be exempt from all new source review permit programs in
					 accordance with
					 9VAC5-520-170, the biomass pilot
					 test facility may continue to operate in accordance with the terms and
					 conditions of
					 9VAC5-520-180 J 2.
"Construction wood waste" means solid wood waste that is
					 produced or generated during construction, renovation, remodeling, or repair of
					 houses, commercial buildings, and other structures.
"Contaminated" means, in reference to wood, wood products,
					 or wood residues, those that are painted, pigment-stained, chemically treated
					 (other than with fungicide, glue, binder or resin), or pressure-treated with
					 preservative compounds including, but not limited to, chromate copper arsenate,
					 pentachlorophenol, or creosote.
"Criteria pollutants" means any pollutant for which an
					 ambient air quality standard is established under 9VAC5-30 (Ambient Air Quality
					 Standards).
"Demolition wood waste" means solid woody waste resulting
					 from the destruction of structures and includes the same materials as
					 construction wood waste.
"Exempt facility" means a biomass pilot test facility that
					 has uncontrolled emissions below the permit emissions threshold values in
					 9VAC5-520-170 and is not required
					 to obtain any new source review permit but must operate according to the terms
					 and conditions set forth in
					 9VAC5-520-180 J 2.
"Garbage" means readily putrescible discarded materials
					 composed of animal, vegetable, or other organic matter.
"General permit" means, for a biomass pilot test facility,
					 the terms and conditions in Part IV (9VAC5-520-160 et seq.) of this
					 chapter that meet the requirements of Part II (9VAC5-520-30 et seq.) and Part III
					 (9VAC5-520-90 et seq.) of this
					 chapter and issued under the provisions of
					 9VAC5-80-1250.
"Hazardous waste" means a hazardous waste as defined in
					 9VAC20-60 (Hazardous Waste Management Regulations) or 40 CFR Part 261.
"Landfill" means a sanitary landfill, an industrial waste
					 landfill, or a construction/demolition/debris landfill as defined in Part I
					 (9VAC20-80-10 et seq.) of 9VAC20-80
					 (Solid Waste Management Regulations).
"Landscape trimmings" means trees, tree branches, bushes,
					 shrubs, and clippings from tree branches, bushes, and shrubs that come from
					 residential, commercial/retail, institutional, or industrial sources as part of
					 maintaining yards or other private or public lands. Landscape trimmings do not
					 include collected leaves, grass, or grass clippings.
"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 1 (9VAC5-80-50 et seq.),
					 Article 3 (9VAC5-80-360 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 Part II
					 of 9VAC5-80 (Permits for Stationary Sources).
"Manufacturing wood waste" means uncontaminated solid woody
					 waste and wood residue that is generated by one or more manufacturing
					 processes. Such waste includes, but is not limited to, bark, sawdust, chips,
					 scraps, slabs, millings, and shavings, but does not include process waste,
					 byproduct, or co-product in which the wood or residue has been chemically
					 treated, such as that resulting from pulp and paper production or from
					 cellulose production.
"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 regulated air pollutants from
					 new stationary sources or projects 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 Part II
					 of this chapter. The minor NSR program may also be used to implement the terms
					 and conditions designated as state-only enforceable; however, those terms and
					 conditions shall not be applicable federal requirements.
"Municipal solid waste" means household, commercial/retail,
					 or institutional waste. Household waste includes garbage, trash, and refuse
					 discarded by residential dwellings, hotels, motels, and other similar permanent
					 or temporary housing. Commercial/retail waste includes all solid waste
					 discarded by stores, offices, restaurants, warehouses, nonmanufacturing
					 activities at industrial facilities, and other similar establishments or
					 facilities. Institutional waste includes materials discarded by schools,
					 hospitals (nonmedical), nonmanufacturing activities at prisons and government
					 facilities, and other similar establishments or facilities. Household,
					 commercial/retail, and institutional waste does include yard waste. Household,
					 commercial/retail, and institutional waste does not include used oil, sewage
					 sludge, wood pallets, construction and demolition wastes, clean wood,
					 industrial process or manufacturing wastes, medical waste, or motor vehicles
					 (including motor vehicle parts or vehicle fluff).
"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 Part II
					 of 9VAC5-80 (Permits for Stationary Sources).
"Nitrogen oxides" or "NOX" means all
					 oxides of nitrogen except nitrous oxide, as measured by the applicable
					 reference method, or an equivalent or alternative method.
"Particulate matter" or "PM" means any airborne finely
					 divided solid or liquid material with an aerodynamic diameter smaller than 100
					 micrometers.
"Particulate matter (PM) emissions" means all finely
					 divided solid or liquid material, other than uncombined water, emitted to the
					 ambient air as measured by the applicable reference method or an equivalent or
					 alternative method.
"Permit emission thresholds" means the value at which a
					 permitting applicability determination can be made for a biomass pilot test
					 facility based upon the quantity of emissions from that facility in accordance
					 with the requirements of
					 9VAC5-520-170.
"Permittee" means the owner of an affected emissions unit
					 covered under the general permit.
"PM2.5" means fine particulate
					 matter with an aerodynamic diameter less than or equal to a nominal 2.5
					 micrometers as measured by the applicable reference method or an equivalent
					 method.
"PM2.5 emissions" means finely
					 divided solid or liquid material with an aerodynamic diameter less than or
					 equal to a nominal 2.5 micrometers emitted to the ambient air as measured by
					 the applicable reference method or an equivalent or alternative method.
"PM10" means particulate matter with
					 an aerodynamic diameter less than or equal to a nominal 10 micrometers as
					 measured by the applicable reference method or an equivalent method.
"PM10 emissions" means finely
					 divided solid or liquid material with an aerodynamic diameter less than or
					 equal to a nominal 10 micrometers emitted to the ambient air as measured by the
					 applicable reference method or an equivalent or alternative method.
"Postmark" means an official mark on a piece of mail or
					 date mark on electronic communications that records the date and place of
					 mailing or origination of an electronic communication.
"Potential to emit" means an emission rate based on the
					 maximum capacity of a biomass pilot test facility to emit a toxic pollutant
					 under its physical and operational design. Any physical or operational
					 limitation on the capacity of the facility to emit a toxic 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 its effect on emissions
					 is state or federally enforceable. Fugitive emissions shall be included in
					 determining a biomass pilot test facility's potential to emit.
"Qualified energy generator" means a commercial facility
					 located in the Commonwealth (i) with the capacity annually to generate no more
					 than five megawatts (MW) of electricity, or that produces the equivalent amount
					 of energy in the form of fuel, steam, or other energy product; (ii) that is
					 generated or produced solely from biomass; and (iii) that is sold to an
					 unrelated person or stationary source or used in a manufacturing process. For
					 the purposes of this chapter the phrase "capacity annually to generate no more
					 than 5 MW of electricity" shall mean a nameplate capacity equal to or less than
					 5 MW that is operated in conjunction with a biomass pilot test facility.
"Reasonable time" means business operating hours unless in
					 response to a complaint.
"Reference method" means any method of sampling and
					 analyzing for an air pollutant as described in the following EPA
					 regulations:
1. For ambient air
				  quality standards in 9VAC5-30 (Ambient Air Quality Standards): The applicable
				  appendix of 40 CFR Part 50 or any method that has been designated as a
				  reference method in accordance with 40 CFR Part 53, except that it does not
				  include a method for which a reference designation has been canceled in
				  accordance with 40 CFR
				  53.11 or
				  40 CFR
				  53.16.
2. For emission standards in 9VAC5-40
				  (Existing Stationary Sources) and 9VAC5-50 (New and Modified Stationary
				  Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part
				  60.
3. For emission standards in
				  9VAC5-60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or
				  Appendix A of 40 CFR Part 63.
"Refuse" means all solid waste products having the
					 characteristics of solids rather than liquids and that are composed wholly or
					 partially of materials such as garbage, trash, rubbish, litter, residues from
					 clean up of spills or contamination, or other discarded materials.
"Solid woody waste" means waste consisting of
					 uncontaminated wood and wood product, including tree stumps, trees, or tree
					 limbs (any of which may be whole or cut). Solid woody waste does not include
					 wood or wood products mixed with soil or other nonwood materials such as
					 plastic, metal, cement, or mineral fibers.
"Sulfur dioxide" or "SO2" means a
					 colorless gas at standard conditions having a molecular composition of one
					 sulfur atom and two oxygen atoms as measured by the applicable reference method
					 or an equivalent or alternative method.
"Uncontrolled emissions or uncontrolled emissions rate"
					 means the emission rate from an emissions unit when operating at maximum
					 capacity without air pollution control equipment. Air pollution control
					 equipment includes control equipment that is not vital to its operation, except
					 that its use enables the owner to conform to applicable air pollution control
					 laws and regulations. Annual uncontrolled emissions shall be based on the
					 maximum annual rated capacity (based on 8,760 hours of operation per year) of
					 the emissions unit, unless the emissions unit or stationary source is subject
					 to state and federally enforceable permit conditions that limit the annual
					 hours of operation. Enforceable permit conditions on the type or amount of
					 material combusted, stored, or processed may be used in determining the
					 uncontrolled emission rate of an emissions unit or stationary source. The
					 uncontrolled emission rate of a stationary source is the sum of the
					 uncontrolled emission rates of the individual emissions units. Secondary
					 emissions do not count in determining the uncontrolled emission rate of a
					 stationary source.
"Volatile organic compound" or "VOC" means volatile organic
					 compound as defined in 9VAC5-10.
"Wood product" means manufactured wood such as plywood,
					 particleboard, fiberboard, hardboard, oriented strand board, and engineered
					 structural products made from clean wood with or without glue, binder, or
					 resin. Wood product does not include products made with other nonwood materials
					 such as plastic, metal, cement, or mineral fibers.
"Wood residue" means, in reference to logging,
					 manufacturing or milling processes, woody waste that is generated by the
					 cutting, chipping, grinding, shaping, or smoothing of wood or wood products.
					 Wood residue includes bark, chips, edging sawdust, shavings, or slabs and may
					 include small amounts of glue, binder, or resin from wood products. Wood
					 residue does not include woody waste mixed with soil or other nonwood materials
					 such as plastic, metal, cement, or mineral fibers.
"Yard waste" means collected leaves, grass, grass
					 clippings, bushes, or shrubs, and clippings from bushes and shrubs that come
					 from residential, commercial/retail, institutional, or industrial sources as
					 part of maintaining yards or other private or public lands. Yard waste does not
					 include (i) construction, renovation, and demolition wastes or (ii) clean
					 wood.