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 9VAC5-80-320 - 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 words and
					 terms not defined in subsection C of this section shall have the meanings given
					 them in 9VAC5-80-5 or 9VAC5-10 (General
					 Definitions), unless otherwise required by context.
C. Terms defined.
"Actual emissions" means, for the purposes of this
						article, the actual rate of emissions in tons per year of any regulated
						pollutant (for fee calculation) emitted from a source subject to this article
						over the preceding calendar year. Actual emissions may be calculated according
						to any method acceptable to the department provided such calculation takes into
						account the source's actual operating hours, production rates, in-place control
						equipment, and types of materials processed, stored, or combusted during the
						preceding calendar year. Any regulated pollutant which could be classed in more
						than one category shall be classed in only one category.
"Affected source" means a source that includes one or
						more affected units.
"Affected unit" means a unit that is subject to any
						federal acid rain emissions reduction requirement or acid rain emissions
						limitation under 40 CFR Parts 72, 73, 75, 77 or 78.
"Area source" means any stationary source that is not a
						major source. For purposes of this section, the phrase "area source" shall not
						include motor vehicles or nonroad vehicles.
"Greenhouse gases" means, for the purposes of this
						article, the aggregate group of the following gases: carbon dioxide, nitrous
						oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
						hexafluoride.
"Hazardous air pollutant" means any air pollutant listed
						in § 112(b) of the federal Clean Air Act, as amended by
						40 CFR
						63.60.
"Major source" means:
a. For hazardous air pollutants other than
					 radionuclides, any stationary source that emits or has the potential to emit,
					 in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25
					 tons per year or more of any combination of hazardous air pollutants.
					 Notwithstanding the preceding sentence, emissions from any oil or gas
					 exploration or production well (with its associated equipment) and emissions
					 from any pipeline compressor or pump station shall not be aggregated with
					 emissions from other similar units, whether or not such units are in a
					 contiguous area or under common control, to determine whether such units or
					 stations are major sources.
b. For
					 air pollutants other than hazardous air pollutants, any stationary source that
					 directly emits or has the potential to emit 100 tons per year or more of any
					 air pollutant (including any major source of fugitive emissions of any such
					 pollutant). The fugitive emissions of a stationary source shall not be
					 considered in determining whether it is a major stationary source, unless the
					 source belongs to one of the following categories of stationary source:
(1) Coal cleaning plants (with thermal
					 dryers);
(2) Kraft pulp
					 mills;
(3) Portland cement
					 plants;
(4) Primary zinc
					 smelters;
(5) Iron and steel
					 mills;
(6) Primary aluminum ore
					 reduction plants;
(7) Primary copper
					 smelters;
(8) Municipal incinerators
					 capable of charging more than 250 tons of refuse per day;
(9) Hydrofluoric, sulfuric, or nitric acid
					 plants;
(10) Petroleum
					 refineries;
(11) Lime
					 plants;
(12) Phosphate rock
					 processing plants;
(13) Coke oven
					 batteries;
(14) Sulfur recovery
					 plants;
(15) Carbon black plants
					 (furnace process);
(16) Primary lead
					 smelters;
(17) Fuel conversion
					 plant;
(18) Sintering
					 plants;
(19) Secondary metal
					 production plants;
(20) Chemical
					 process plants;
(21) Fossil-fuel
					 boilers (or combination thereof) totaling more than 250 million British thermal
					 units per hour heat input;
(22)
					 Petroleum storage and transfer units with a total storage capacity exceeding
					 300,000 barrels;
(23) Taconite ore
					 processing plants;
(24) Glass fiber
					 processing plants;
(25) Charcoal
					 production plants;
(26)
					 Fossil-fuel-fired steam electric plants of more than 250 million British
					 thermal units per hour heat input; or
(27) Any other stationary source category
					 regulated under § 111 or 112 of the federal Clean Air Act for which the
					 administrator has made an affirmative decision under § 302(j) of the
					 federal Clean Air Act.
c. For ozone nonattainment areas, any
					 stationary source with the potential to emit 100 tons per year or more of
					 volatile organic compounds or nitrogen oxides in areas classified as "marginal"
					 or "moderate," 50 tons per year or more in areas classified as "serious," 25
					 tons per year or more in areas classified as "severe," and 10 tons per year or
					 more in areas classified as "extreme"; except that the references in this
					 definition to 100, 50, 25, and 10 tons per year of nitrogen oxides shall not
					 apply with respect to any source for which the administrator has made a finding
					 that requirements under § 182(f) of the federal Clean Air Act
					 (NOx requirements for ozone nonattainment areas) do not
					 apply.
d. For attainment areas in
					 ozone transport regions, any stationary source with the potential to emit 50
					 tons per year or more of volatile organic compounds.
"Permit program costs" means all reasonable (direct and
						indirect) costs required to develop, administer, and enforce the permit program
						and to develop and administer the Small Business Technical and Environmental
						Compliance Assistance Program established pursuant to the provisions of §
													10.1-1323 of the Code of
						Virginia.
"Potential to emit" means the maximum capacity of a
						stationary source to emit any air pollutant under its physical and operational
						design. Any physical or operational limitation on the capacity of a source to
						emit an air 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 is state and federally enforceable.
"Regulated air pollutant" means any of the
						following:
a. Nitrogen oxides or any
					 volatile organic compound.
b. Any
					 pollutant for which an ambient air quality standard has been promulgated except
					 carbon monoxide.
c. Any pollutant
					 subject to any standard promulgated under § 111 of the federal Clean Air
					 Act.
d. Any pollutant subject to a
					 standard promulgated under § 112 (hazardous air pollutants) or other
					 requirements established under § 112 of the federal Clean Air Act,
					 particularly §§ 112(b), 112(d), 112(g)(2), 112(j), and 112(r); except
					 that any pollutant that is a regulated pollutant solely because it is subject
					 to a standard or regulation under § 112(r) of the federal Clean Air Act
					 shall be exempt from this article.
"Regulated pollutant (for fee calculation)" means, for
						the purposes of this article, any regulated air pollutant except the
						following:
a. Carbon
					 monoxide;
b. Any pollutant that is a
					 regulated air pollutant solely because it is a Class I or II substance to a
					 standard promulgated under or established by Title VI of the federal Clean Air
					 Act;
c. Any pollutant that is a
					 regulated air pollutant solely because it is subject to a standard or
					 regulation under § 112(r) of the federal Clean Air Act; or
d. Greenhouse gases.
"Research and development facility" means all the
						following as applied to any stationary source:
a. The primary purpose of the source is the
					 conduct of either (i) research and development into new products or processes
					 or into new uses for existing products or processes or (ii) basic research to
					 provide for education or the general advancement of technology or
					 knowledge;
b. The source is operated
					 under the close supervision of technically trained personnel; and
c. The source is not engaged in the
					 manufacture of products in any manner inconsistent with clause a (i) or (ii) of
					 this definition.
An analytical laboratory that primarily supports a
						research and development facility is considered to be part of that
						facility.
"Stationary source" means any building, structure,
						facility or installation which emits or may emit any regulated air pollutant. A
						stationary source shall include all of the pollutant-emitting activities which
						belong to the same industrial grouping, are located on one or more contiguous
						or adjacent properties, and are under the control of the same persons (or
						persons under common control). Pollutant-emitting activities shall be
						considered as part of the same industrial grouping if they belong to the same
						"major group" (i.e., if they have the same two-digit code) as described in the
						Standard Industrial Classification Manual (see
						9VAC5-20-21 ). Any research and
						development facility shall be considered a separate stationary source from the
						manufacturing or other facility with which it is
						co-located.