reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-290 - Permit review by EPA and affected states

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following requirements apply with respect to transmission of information to the
					 administrator:
1. The department shall
					 provide to the administrator a copy of each permit application (including any
					 application for permit modification), each proposed permit, and each final
					 permit issued under this article.
2. The department shall keep for five years
					 such records and submit to the administrator such information as the
					 administrator may reasonably require to ascertain whether the Virginia program
					 complies with the requirements of the federal Clean Air Act or of 40 CFR Part
					 70.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-300 - Voluntary inclusions of additional state-only requirements as applicable state requirements in the permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Upon the request of an applicant, any requirement of any regulation of the
					 board (other than any requirement that is a federal applicable requirement) may
					 be included as an applicable state requirement in a permit issued under this
					 article.
B. If the applicant
					 chooses to make a request under subsection A of this section, the provisions of
					 this article pertaining to applicable state requirements shall apply.
C. The request under subsection A of this
					 section shall be made by including the citation and description of any
					 applicable requirement not defined as such in this article in the permit
					 application submitted to the department under
					 9VAC5-80-90
					 E.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 2 - Permit Program Emissions Fees for Stationary Sources › Section 9VAC5-80-310 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
					 provided in subsection C of this section, the provisions of this article apply
					 to the following stationary sources:
1. Any
					 major source.
2. Any source,
					 including an area source, subject to a standard, limitation, or other
					 requirement under § 111 of the federal Clean Air Act.
3. Any source, including an area source,
					 subject to a standard, limitation, or other requirement under § 112 of the
					 federal Clean Air Act.
4. Any
					 affected source.
5. Any other
					 source subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 3
					 (9VAC5-80-360 et seq.) of this
					 part.
6. Any source that would be
					 subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) of this part
					 in the absence of a permit issued under Article 5 (9VAC5-80-800 et seq.) of this
					 part.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 2 - Permit Program Emissions Fees for Stationary Sources › Section 9VAC5-80-330 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of any
					 source subject to this article shall pay an annual permit program emissions
					 fee.
B. Permit program emissions
					 fees collected pursuant to this article for sources subject to Article 1
					 (9VAC5-80-50 et seq.) or Article 3
					 (9VAC5-80-360 et seq.) of this part
					 shall not be used for any purpose other than as provided in Title V of the
					 federal Clean Air Act and associated regulations and policies.
C. The owner shall be exempt from paying the
					 annual permit program emissions fee for any year during which the total actual
					 emissions are less than 10 tons.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; federal Clean
						  Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51,
						  61, 63, 70, and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 2 - Permit Program Emissions Fees for Stationary Sources › Section 9VAC5-80-340 - Annual permit program emissions fee calculation prior to [January 1, 2018]

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 annual permit program emissions fees due prior to January 1, 2018, the annual
					 permit program emissions fee shall not exceed the base year amount of $31.22
					 per ton of emissions, as provided in subsection B of Item 365 of the 2012
					 Appropriation Act adjusted annually by the Consumer Price Index as provided in
					 Title V of the federal Clean Air Act and associated regulations and policies.
1. The annual permit program emissions fee
					 shall be increased (consistent with the need to cover reasonable costs) each
					 year by the percentage, if any, by which the Consumer Price Index for the most
					 recent calendar year ending before the beginning of such year exceeds the
					 Consumer Price Index for the calendar year 1989. The Consumer Price Index for
					 any calendar year is the average of the Consumer Price Index for all-urban
					 consumers published by the U.S. Department of Labor, as of the close of the
					 12-month period ending on August 31 of each calendar year.
2. The revision of the Consumer Price Index
					 which is most consistent with the Consumer Price Index for the calendar year
					 1989 shall be used.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 2 - Permit Program Emissions Fees for Stationary Sources › Section 9VAC5-80-342 - Annual permit program emissions fee calculation on and after [January 1, 2018]

Current through Register Vol. 40, No. 24, July 15, 2024
A. On
					 and after January 1, 2018, the amount of the annual permit program emissions
					 fee shall be calculated as follows:
1. The
					 amount of the annual permit program emissions fee (consistent with the need to
					 cover reasonable costs) for each applicable source shall be the annual permit
					 program emission fee rate (in dollars per ton of emissions) for the billing
					 calendar year multiplied by the total actual emissions for the previous
					 calendar year (in tons per year of emissions).
2. The annual permit program emissions fee
					 rate shall be calculated as follows:
a. For
					 permit program emission fees billed in calendar year 2018 (applied to 2017
					 emissions), the annual permit program emissions fee rate shall be $73.01 per
					 ton of emissions.
b. For permit
					 program emission fees billed in calendar year 2019 (applied to 2018 emissions),
					 the annual permit program emissions fee rate shall be $83.96 per ton of
					 emissions.
c. For permit program
					 emissions fees billed after calendar year 2019, the annual permit program
					 emissions fee rate shall be adjusted annually by the change in the Consumer
					 Price Index (CPI) as specified in subdivision 3 of this subsection.
3. The annual adjustment of the
					 permit program emissions fees shall be based upon the annual permit program
					 emissions fee rate for the preceding calendar year and the change in the CPI
					 value published by the U.S. Department of Labor for all-urban consumers over
					 the 12-month period ending on August 31 of the calendar year preceding the
					 calendar year in which the annual permit program emissions fee is assessed and
					 billed.
a. The CPI for all-urban consumers
					 that is published by the U.S. Department of Labor may be obtained online from
					 the Bureau of Labor Statistics website at
					 http://data.bls.gov/cgi-bin/surveymost?cu.
b. No CPI adjustment shall be made for annual
					 permit program emissions fees assessed and billed in calendar years 2018 and
					 2019.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 2 - Permit Program Emissions Fees for Stationary Sources › Section 9VAC5-80-350 - Annual permit program emissions fee payment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Upon determining that the owner owes an annual permit program emissions fee,
					 the department shall mail a bill for the fee to that owner no later than August
					 1 unless the governor determines that fees are needed earlier for Virginia to
					 maintain primacy over the program, as provided in §
											10.1-1322B of
					 the Virginia Air Pollution Control Law.
B. Within 30 days following the date of the
					 postmark or electronic submittal on the bill, the owner shall respond in one of
					 the following ways:
1. The owner may pay the
					 fee in full.
2. The owner may pay
					 the fee in equal quarterly payments and shall pay one quarter of the fee. The
					 first payment shall be accompanied by a written statement that the second
					 quarter of the fee shall be paid no later than December 1 of the year of the
					 issuance of the bill, the third quarter of the fee shall be paid no later than
					 March 1 of the year following the issuance of the bill, and the fourth quarter
					 of the fee shall be paid no later than June 1 of the year following the
					 issuance of the bill. If an owner fails to pay a quarterly payment by the
					 deadline, the department may, in addition to other remedies available under the
					 law, issue to the owner a notice of failure to pay. The notice will require
					 payment of the entire remainder of the annual fee payment within 30 days of the
					 date of the notice, or inform the owner that the owner is ineligible to opt for
					 the quarterly payment schedule established in this subdivision until
					 eligibility is reinstated by written notice from the department, or
					 both.
3. The owner may request that
					 the fee amount be revised if the owner can document that the emissions estimate
					 on which the fee was based is in error. This request shall include appropriate
					 source identification data, the revised emissions estimate, the revised fee
					 amount, adequate supporting documentation, and other information as the
					 department may require. The owner shall file the request with the appropriate
					 regional office in a form acceptable to the department. If the department
					 approves the request, the revised fee amount shall be paid in one of two ways:
a. In full within 30 days of the date of
					 approval; or
b. In quarterly
					 payments, with the first payment being paid within 30 days of the date of
					 approval and the other payments being paid according to the schedule set out in
					 subdivision 2 of this subsection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-360 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except as provided in subsection C of this section, the provisions of this
					 article apply to any affected source that has an affected unit under the
					 provisions of
					 9VAC5-80-380.
B. The provisions of this article apply
					 throughout the Commonwealth of Virginia.
C. The provisions of this article shall not
					 apply to the following:
1. Any new unit
					 exempted under
					 9VAC5-80-390.
2. Any affected unit exempted under
					 9VAC5-80-400.
3. Any emissions unit that is determined to
					 be shutdown under the provisions of
					 9VAC5-20-220.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-380 - Affected units

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Each of the following units shall be an affected unit, and any source that
					 includes such a unit shall be an affected source, subject to the requirements
					 of the acid rain program:
1. A unit listed in
					 Table 1 of 40 CFR
					 73.10(a).
2. A unit that is listed in Table 2 or 3 of
					 40 CFR
					 73.10 and any other existing utility unit,
					 except a unit under subsection B of this section.
3. A utility unit, except a unit under
					 subsection B of this section, that:
a. Is a
					 new unit;
b. Did not serve a
					 generator with a nameplate capacity greater than 25 MWe on November 15, 1990,
					 but serves such a generator after November 15, 1990;
c. Was a simple combustion turbine on
					 November 15, 1990, but adds or uses auxiliary firing after November 15,
					 1990;
d. Was an exempt cogeneration
					 facility under subdivision B 4 of this section but during any three
					 calendar-year period after November 15, 1990, sold, to a utility power
					 distribution system, an annual average of more than one-third of its potential
					 electrical output capacity and more than 219,000 MWe-hrs electric output, on a
					 gross basis;
e Was an exempt
					 qualifying facility under subdivision B 5 of this section but, at any time
					 after the later of November 15, 1990, or the date the facility commences
					 commercial operation, fails to meet the definition of qualifying
					 facility;
f. Was an exempt
					 independent power production facility under subdivision B 6 of this section
					 but, at any time after the later of November 15, 1990, or the date the facility
					 commences commercial operation, fails to meet the definition of independent
					 power production facility; or
g.
					 Was an exempt solid waste incinerator under subdivision B 7 of this section but
					 during any three calendar-year period after November 15, 1990, consumes 20% or
					 more (on a Btu basis) fossil fuel.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-390 - New units exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 This section applies to any new utility unit that serves one or more generators
					 with total nameplate capacity of 25 MWe or less and burns only fuels with a
					 sulfur content of 0.05% or less by weight, as determined in accordance with
					 subdivision D 1 of this section.
B.
					 The designated representative, authorized in accordance with Subpart B of 40
					 CFR Part 72, of a source that includes a unit under subsection A of this
					 section may petition the department for a written exemption, or to renew a
					 written exemption, for the unit from the requirements of the acid rain program
					 as described in subdivision C 1 of this section. The petition shall be
					 submitted on a form approved by the department that includes the following
					 elements:
1. Identification of the
					 unit.
2. The nameplate capacity of
					 each generator served by the unit.
3. A list of all fuels currently burned by
					 the unit and their percentage sulfur content by weight, determined in
					 accordance with subsection A of this section.
4. A list of all fuels that are expected to
					 be burned by the unit and their sulfur content by weight.
5. The special provisions in subsection D of
					 this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-400 - Retired units exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 This section applies to any affected unit (except for an opt-in source) that is
					 permanently retired.
B. The
					 following provisions apply:
1. Any affected
					 unit (except for an opt-in source) that is permanently retired shall be exempt
					 from the acid rain program, except for the provisions of this section,
					 40
					 CFR 72.2 through
					 72.6,
					 72.10
					 through
					 72.13,
					 and Subpart B of 40 CFR Part 73.
2.
					 The exemption under subdivision 1 of this subsection shall become effective on
					 January 1 of the first full calendar year during which the unit is permanently
					 retired. By December 31 of the first year that the unit is to be exempt under
					 this section, the designated representative (authorized in accordance with this
					 subsection), or, if no designated representative has been authorized, a
					 certifying official of each owner of the unit shall submit a statement to the
					 department otherwise responsible for administering a Phase II acid rain permit
					 for the unit. A copy of the statement shall also be submitted to the
					 administrator. The statement shall state (in a format prescribed by the
					 administrator) that the unit is permanently retired and will comply with the
					 requirements of paragraph (d) of
					 40 CFR
					 72.8.
3. After receipt of the notice under
					 subdivision 2 of this subsection, the department shall amend the federal
					 operating permit covering the source at which the unit is located, if the
					 source has such a permit, to add the provisions and requirements of the
					 exemption under subdivision 1 of this subsection and subsection D of this
					 section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-410 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 permit may be issued pursuant to this article until the article has been
					 approved by the administrator, whether full, interim, partial, for federal
					 delegation purposes, or otherwise.
B. If requested in the application for a
					 permit or permit renewal submitted pursuant to this article, the department may
					 combine the requirements of and the permit for a source subject to the state
					 operating permit program with the requirements of and the permit for a source
					 subject to this article provided the application contains the necessary
					 information required for a permit under the state operating permit
					 program.
C. For the purpose of this
					 article, the phrase " the Regulations for the Control and Abatement of Air
					 Pollution" means 9VAC5 Chapter 10 (9VAC5-10-10 et seq.)
					 through 9VAC5 Chapter 80 (9VAC5-80-10 et seq.). For purposes of implementing
					 and enforcing those provisions of this article associated with applicable
					 federal requirements as well as those provisions of this article intended to
					 implement Title V of the federal Clean Air Act, the phrase " the Regulations
					 for the Control and Abatement of Air Pollution" means only those provisions
					 that have been approved by EPA as part of the implementation plan or otherwise
					 have been approved by or found to be acceptable by EPA for the purpose of
					 implementing requirements of the federal Clean Air Act. For the purpose of this
					 article, terms and conditions relating to applicable federal requirements shall
					 be derived only from provisions that qualify as applicable federal
					 requirements.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-420 - Standard requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following requirements apply to affected sources and affected units subject to
					 this article:
1. The designated
					 representative of each affected source and each affected unit at the source
					 shall:
a. Submit a complete acid rain permit
					 application (including a compliance plan) under this article in accordance with
					 the deadlines specified in
					 9VAC5-80-430 C;
					 and
b. Submit in a timely manner a
					 complete reduced utilization plan if required under
					 40 CFR
					 72.43; and
c. Submit in a timely manner any supplemental
					 information that the department determines is necessary in order to review an
					 acid rain permit application and issue or deny an acid rain permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-440 - Application information required

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall furnish application forms to applicants.
B. Each application for a permit shall
					 include, but not be limited to, the information listed in subsections C through
					 K of this section.
C. Identifying
					 information as follows shall be included:
1.
					 Company name and address (or plant name and address if different from the
					 company name), owner's name and agent, and telephone number and names of plant
					 site manager or contact or both.
2.
					 A description of the source's processes and products (by Standard Industrial
					 Classification Code) including any associated with each alternate scenario
					 identified by the source.
3.
					 Identification of each affected unit at the source for which the permit
					 application is submitted.
4. If the
					 unit is a new unit, the date that the unit has commenced or will commence
					 operation and the deadline for monitor certification.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-450 - Acid rain compliance plan and compliance options

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 each affected unit included in an acid rain permit application, a complete acid
					 rain compliance plan shall include:
1. For
					 sulfur dioxide emissions, a certification that, as of the allowance transfer
					 deadline, the designated representative will hold allowances in the unit's
					 compliance subaccount (after deductions under
					 40 CFR
					 73.34(c)) not less than the
					 total annual emissions of sulfur dioxide from the unit. The compliance plan may
					 also specify, in accordance with this section and
					 9VAC5-80-460,
					 one or more of the acid rain compliance options.
2. For nitrogen oxides emissions, a
					 certification that the unit will comply with the applicable emission limitation
					 in
					 40 CFR
					 76.5,
					 76.6,
					 or
					 76.7
					 or shall specify one or more acid rain compliance options in accordance with
					 the requirements of 40 CFR Part 76.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-460 - Repowering extensions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 This section shall apply to the designated representative of:
1. Any existing affected unit that is a
					 coal-fired unit and has a 1985 actual sulfur dioxide emissions rate equal to or
					 greater than 1.2 lbs/mmBtu; or
2.
					 Any new unit that will be a replacement unit, as provided in subdivision B 2 of
					 this section, for a unit meeting the requirements of subdivision 1 of this
					 subsection; or
3. Any oil- or
					 gas-fired unit or both that has been awarded clean coal technology
					 demonstration funding as of January 1, 1991, by the Secretary of Energy.
A repowering extension does not exempt the owner or
						operator for any unit governed by the repowering plan from the requirement to
						comply with such unit's acid rain emissions limitations for sulfur
						dioxide.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-470 - Units with repowering extension plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 later than January 1, 2000, the designated representative of a unit governed by
					 an approved repowering plan shall submit to the administrator and the
					 department:
1. Satisfactory documentation of
					 a preliminary design and engineering effort.
2. A binding letter agreement for the
					 executed and binding contract (or for each in a series of executed and binding
					 contracts) for the majority of the equipment to repower the unit using the
					 technology conditionally approved by the administrator under
					 40 CFR
					 72.44(d)(3).
3. The letter agreement under subdivision 2
					 of this subsection shall be signed and dated by each party and specify:
a. The parties to the contract;
b. The date each party executed the
					 contract;
c. The unit to which the
					 contract applies;
d. A brief list
					 identifying each provision of the contract;
e. Any dates to which the parties agree,
					 including construction completion date;
f. The total dollar amount of the contract;
					 and
g. A statement that a copy of
					 the contract is on site at the source and will be submitted upon written
					 request of the administrator or the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-480 - Emission caps

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may establish an emission cap for sources or emissions units
					 applicable under this article when the applicant requests that a cap be
					 established.
B. The criteria in
					 this subsection shall be met in establishing emission standards for emission
					 caps to the extent necessary to assure that emissions levels are met
					 permanently.
1. If an emissions unit was
					 subject to emission standards prescribed in the Regulations for the Control and
					 Abatement of Air Pollution prior to the date the permit is issued, a standard
					 covering the emissions unit and pollutants subject to the emission standards
					 shall be incorporated into the permit issued under this article.
2. A permit issued under this article may
					 also contain emission standards for emissions units or pollutants that were not
					 subject to emission standards prescribed in the Regulations for the Control and
					 Abatement of Air Pollution prior to the issuance of the permit.
3. Each standard shall be based on averaging
					 time periods for the standards as appropriate based on applicable air quality
					 standards, any emission standard applicable to the emissions unit prior to the
					 date the permit is issued, or the operation of the emissions unit, or any
					 combination thereof. The emission standards may include the level, quantity,
					 rate, or concentration or any combination thereof for each affected
					 pollutant.
4. In no case shall a
					 standard result in emissions which would exceed the lesser of the following:
a. Allowable emissions for the emissions unit
					 based on emission standards applicable prior to the date the permit is
					 issued.
b. The emissions rate based
					 on the potential to emit of the emissions unit.
5. The standard may prescribe, as an
					 alternative to or a supplement to an emission limitation, an equipment, work
					 practice, fuels specification, process materials, maintenance, or operational
					 standard, or any combination thereof.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-490 - Permit content

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following requirements apply to permit content:
1. The department shall include in the permit
					 all applicable requirements for all emissions units.
2. The department shall include in the permit
					 applicable requirements that apply to fugitive emissions.
3. Each permit issued under this article
					 shall include the elements listed in subsections B through P of this
					 section.
4. Each acid rain permit
					 (including any draft or proposed acid rain permit) shall contain the following
					 elements:
a. All elements required for a
					 complete acid rain permit application under
					 9VAC5-80-440,
					 as approved or adjusted by the department;
b. The applicable acid rain emissions
					 limitation for sulfur dioxide; and
c. The applicable acid rain emissions
					 limitation for nitrogen oxides.
5. Each acid rain permit is deemed to
					 incorporate the definitions of terms under
					 9VAC5-80-370.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-500 - Permit shield

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall expressly include in a permit a provision stating that
					 compliance with the conditions of the permit shall be deemed compliance with
					 all applicable requirements in effect as of the date of permit issuance and as
					 specifically identified in the permit.
B. The permit shield shall cover only the
					 following:
1. Applicable requirements that are
					 covered by terms and conditions of the permit.
2. Any other applicable requirement
					 specifically identified as being not applicable to the source, provided that
					 the permit includes that determination.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-510 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall take final action on each permit application (including a
					 request for permit modification or renewal) as follows:
1. The department shall issue or deny all
					 permits in accordance with the requirements of this article and this section,
					 including the completeness determination, draft permit, administrative record,
					 statement of basis, public notice and comment period, public hearing, proposed
					 permit, permit issuance, permit revision, and appeal procedures as amended by
					 9VAC5-80-660
					 C.
2. For permit revisions, as
					 required by the provisions of
					 9VAC5-80-500
					 through
					 9VAC5-80-630.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-520 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person shall transfer a permit from one location to another or from one piece
					 of equipment to another.
B. In the
					 case of a transfer of ownership of an affected source, the new owner shall
					 comply with any current permit issued to the previous owner. The new owner
					 shall notify the department of the change in ownership within 30 days of the
					 transfer and shall comply with the requirements of
					 9VAC5-80-560.
C. In the case of a name change of an
					 affected source, the owner shall comply with any current permit issued under
					 the previous source name. The owner shall notify the department of the change
					 in source name within 30 days of the name change and shall comply with the
					 requirements of
					 9VAC5-80-560.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-530 - Permit renewal and expiration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Permits being renewed shall be subject to the same procedural requirements,
					 including those for public participation, affected state and EPA review, that
					 apply to initial permit issuance under this article.
B. Permit expiration terminates the source's
					 right to operate unless a timely and complete renewal application has been
					 submitted consistent with
					 9VAC5-80-430.
C. If the department fails to act in a timely
					 way on a permit renewal, the administrator may invoke his authority under
					 § 505(e) of the federal Clean Air Act to terminate or revoke and reissue
					 the permit.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-540 - Permanent shutdown for emissions trading

Current through Register Vol. 40, No. 24, July 15, 2024
The shutdown of an emissions unit is not creditable for
						purposes of emissions trading or exempt under
						9VAC5-80-360 C 3 unless a decision
						concerning shutdown has been made pursuant to
						9VAC5-20-220.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-560 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be required for and limited to the
					 following:
1. Correction of typographical or
					 any other error, defect or irregularity which does not substantially affect the
					 permit.
2. Identification of a
					 change in the name, address, or phone number of any person identified in the
					 permit, or of a similar minor administrative change at the source.
3. Requirement for more frequent monitoring
					 or reporting by the permittee.
4.
					 Change in ownership or operational control of a source where the department
					 determines that no other change in the permit is necessary, provided that a
					 written agreement containing a specific date for transfer of permit
					 responsibility, coverage, and liability between the current and new permittee
					 has been submitted to the department and the requirements of
					 9VAC5-80-520
					 have been fulfilled.
5.
					 Incorporation into the permit of the requirements of permits issued under the
					 new source review program when the new source review program meets (i)
					 procedural requirements substantially equivalent to the requirements of
					 9VAC5-80-670
					 and
					 9VAC5-80-690
					 that would be applicable to the change if it were subject to review as a permit
					 modification, and (ii) compliance requirements substantially equivalent to
					 those contained in
					 9VAC5-80-490.
6. Change in the enforceability status from
					 state-only requirements to federally enforceable requirements for provision
					 that have been approved through rulemaking by the administrator to be a part of
					 the implementation plan.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-570 - Minor permit modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit modification procedures shall be used only for those permit
					 modifications that:
1. Do not violate any
					 applicable requirement;
2. Do not
					 involve significant changes to existing monitoring, reporting, or recordkeeping
					 requirements in the permit such as a change to the method of monitoring to be
					 used, a change to the method of demonstrating compliance or a relaxation of
					 reporting or recordkeeping requirements;
3. Do not require or change a case-by-case
					 determination of an emission limitation or other standard, or a source-specific
					 determination for temporary sources of ambient impacts, or a visibility or
					 increment analysis;
4. Do not seek
					 to establish or change a permit term or condition for which there is no
					 corresponding underlying applicable federal requirement and that the source has
					 assumed to avoid an applicable federal requirement to which the source would
					 otherwise be subject. Such terms and conditions include:
a. A federally enforceable emissions cap
					 assumed to avoid classification as a Title I modification; and
b. An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act;
5. Are not Title
					 I modifications; and
6. Are not
					 required to be processed as a significant modification under
					 9VAC5-80-590
					 or as an administrative permit amendment under
					 9VAC5-80-560.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-580 - Group processing of minor permit modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Group processing of modifications may be used only for those permit
					 modifications that meet both of the following:
1. Permit modifications that meet the
					 criteria for minor permit modification procedures under
					 9VAC5-80-570
					 A.
2. Permit modifications that
					 collectively are below the threshold level as follows: 10% of the emissions
					 allowed by the permit for the emissions unit for which the change is requested,
					 20% of the applicable definition of major source in
					 9VAC5-80-370, or five
					 tons per year, whichever is least.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-590 - Significant modification procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Significant modification procedures shall be used for applications requesting
					 permit modifications that do not qualify as minor permit modifications under
					 9VAC5-80-570
					 or
					 9VAC5-80-580
					 or as administrative amendments under
					 9VAC5-80-560.
					 Significant modification procedures shall be used for those permit
					 modifications that:
1. Involve significant
					 changes to existing monitoring, reporting, or recordkeeping requirements in the
					 permit, such as a change to the method of monitoring to be used, a change to
					 the method of demonstrating compliance or a relaxation of reporting or
					 recordkeeping requirements.
2.
					 Require or change a case-by-case determination of an emission limitation or
					 other standard, or a source-specific determination for temporary sources of
					 ambient impacts made under 9VAC5-40 (Existing Stationary Sources), 9VAC5-50
					 (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant
					 Sources), or a visibility or increment analysis carried out under this
					 chapter.
3. Seek to establish or
					 change a permit term or condition for which there is no corresponding
					 underlying applicable federal requirement and that the source has assumed to
					 avoid an applicable federal requirement to which the source would otherwise be
					 subject. Such terms and conditions include:
a.
					 A federally enforceable emissions cap assumed to avoid classification as a
					 Title I modification.
b. An
					 alternative emissions limit approved pursuant to regulations promulgated under
					 § 112(i)(5) of the federal Clean Air Act (early reduction of hazardous air
					 pollutants).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-600 - Permit modifications for affected units

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following are permit modifications for affected units:
1. Relaxation of an excess emission offset
					 requirement after approval of the offset plan by the administrator.
2. Incorporation of a final nitrogen oxides
					 alternative emission limitation following a demonstration period.
3. Determinations concerning failed
					 repowering projects under
					 9VAC5-80-460
					 F 1 and F 3.
4. At the option of
					 the designated representative submitting the permit revision, the permit
					 revisions listed in
					 9VAC5-80-610
					 A.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-610 - Fast-track modifications for affected units

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following permit revisions are, at the option of the designated representative
					 submitting the permit revision, either fast-track modifications under this
					 section or permit modifications for affected units under
					 9VAC5-80-600:
1. Incorporation of a compliance option under
					 9VAC5-80-450
					 that the designated representative did not submit for approval and comment
					 during the permit issuance process; except that incorporation of a reduced
					 utilization plan that was not submitted during the permit issuance process,
					 that does not designate a compensating unit, and that meets the requirements of
					 40 CFR
					 72.43 may use the administrative permit
					 amendment procedures under
					 40 CFR
					 72.83.
2. Changes in a substitution plan or reduced
					 utilization plan that result in the addition of a new substitution unit or a
					 new compensating unit under the plan.
3. Addition of a nitrogen oxides averaging
					 plan to a permit.
4. Changes in a
					 Phase I extension plan, repowering plan, nitrogen oxides averaging plan, or
					 nitrogen oxides compliance deadline extension; and
5. Changes in a thermal energy plan that
					 result in any addition or subtraction of a replacement unit or any change
					 affecting the number of allowances transferred for the replacement of thermal
					 energy.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-620 - Administrative permit amendments for affected units

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following permit revisions are administrative permit amendments for affected
					 units:
1. Activation of a compliance option
					 conditionally approved by the department, provided that all requirements for
					 activation under
					 9VAC5-80-450
					 C and
					 9VAC5-80-460
					 are met.
2. Changes in the
					 designated representative or alternative designated representative, provided
					 that a new certificate of representation is submitted to the administrator in
					 accordance with Subpart B of 40 CFR Part 72.
3. Correction of typographical
					 errors.
4. Changes in names,
					 addresses, or telephone or facsimile numbers.
5. Changes in the owners or operators,
					 provided that a new certificate of representation is submitted within 30 days
					 to the administrator in accordance with Subpart B of 40 CFR Part 72.
6. Termination of a compliance option in the
					 permit, provided that all requirements for termination under
					 9VAC5-80-450
					 D shall be met and this procedure shall not be used to terminate a repowering
					 plan after December 31, 1999.
7.
					 Changes in the date, specified in a new unit's acid rain permit, of
					 commencement of operation or the deadline for monitor certification, provided
					 that they are in accordance with
					 9VAC5-80-420.
8. The addition of or change in a nitrogen
					 oxides alternative emissions limitation demonstration period, provided that the
					 requirements of the 40 CFR Part 76 are met.
9. The addition of a
					 NOX early election plan that was approved by the
					 administrator under
					 40 CFR
					 76.8.
10. The addition of an exemption for which
					 the requirements have been met under
					 40 CFR 72.7
					 or 40 CFR 72.8 or which was approved
					 by the department; and
11.
					 Incorporation of changes that the administrator has determined to be similar to
					 those in subdivisions 1 through 8 of this subsection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 3 - Federal Operating Permits for Acid Rain Sources › Section 9VAC5-80-630 - Automatic permit amendments for affected units

Current through Register Vol. 40, No. 24, July 15, 2024
The following permit revisions shall be deemed to amend
						automatically, and become a part of the affected unit's acid rain permit by
						operation of law without any further review:
1. Upon recordation by the administrator
					 under 40 CFR Part 73, all allowance allocations to, transfers to, and
					 deductions from an affected unit's allowance tracking system account.
2. Incorporation of an offset plan that has
					 been approved by the administrator under 40 CFR Part 77.
Statutory Authority
§§ 10.1-1308 and 10.1-1322 of the Code of
						  Virginia.