Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1120 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 owner or other person shall begin actual construction of, or operate, any new
					 stationary source or any project subject to this article without first
					 obtaining from the department a permit under the provisions of this article.
					 The owner may not construct or operate the stationary source or project
					 contrary to the terms and conditions of that permit.
B. Except as provided in
					 9VAC5-80-1105 A
					 1 c, no owner or other person shall relocate any stationary source or emissions
					 unit from one stationary source to another without first obtaining from the
					 department a minor NSR permit to relocate the stationary source or
					 unit.
C. Except as provided in
					 9VAC5-80-1105 A
					 2 b, no owner or other person shall reduce the outlet elevation of any stack or
					 chimney which discharges any regulated air pollutant from an emissions unit
					 without first obtaining a minor NSR permit from the department.
D. The department will take actions to
					 combine permit terms and conditions as provided in
					 9VAC5-80-1255.
					 Actions to combine permit terms and conditions involve relocating the terms and
					 conditions contained in two or more permits issued to single stationary source
					 to a single permit document. Actions to combine permit terms and conditions in
					 and of themselves are not a mechanism for making changes to permits; such
					 actions shall be taken under
					 9VAC5-80-1260
					 as explained in subsection E of this section.
E. The department will take actions to make
					 changes to permit terms and conditions as provided in
					 9VAC5-80-1260.
					 Nothing in this subsection is intended to imply that once an action has been
					 taken to make a change to a permit, the resulting permit change may not be
					 combined with other terms and conditions in a single permit document as
					 provided in subsection D of this section.
F. All terms and conditions of any minor NSR
					 permit shall be federally enforceable except those that are designated
					 state-only enforceable under subdivision 1 of this subsection. Any term or
					 condition that is not federally enforceable shall be designated as state-only
					 enforceable as provided in subdivision 2 of this subsection.
1. A term or condition of any minor NSR
					 permit shall not be federally enforceable if it is derived from or is designed
					 to implement Article 2 (9VAC5-40-130
					 et seq.) of Part II of 9VAC5-40 (Existing Stationary Sources), Article 2
					 (9VAC5-50-130
					 et seq.) of Part II of 9VAC5-50 (New and Modified Stationary Sources), or
					 Article 4 (9VAC5-60-200
					 et seq.) or Article 5 (9VAC5-60-300
					 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).
2. Any term or condition of any minor NSR
					 permit that is not federally enforceable shall be marked in the permit as
					 state-only enforceable and shall be enforceable only by the department.
					 Incorrectly designating a term or condition as state-only enforceable shall not
					 provide a shield from federal enforcement of a term or condition that is
					 legally federally enforceable.