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 11 - Annual Permit Maintenance Fees for Stationary Sources › Section 9VAC5-80-2340 - Annual permit maintenance fee calculation prior to [January 1, 2018]

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to January
					 1, 2018, each stationary source subject to this article shall be assessed an
					 annual permit maintenance fee.
B.
					 The amount of the permit maintenance fee shall be calculated as follows:
1. The amount of the annual permit
					 maintenance fee shall be the largest applicable base permit maintenance fee
					 amount from Table 8-11A, adjusted annually by the change in the Consumer Price
					 Index (CPI) as specified in subdivision 2 of this subsection.
TABLE 8-11A
BASE PERMIT MAINTENANCE FEES FOR STATIONARY
						SOURCES
Stationary Source Type
Base Permit Maintenance Fee Amount
Title V Complex Major Source
$10,000
Title V Major Source
$3,500
Title V Source By Rule
$1,500
Synthetic Minor 80% Source
$1,000
2. The annual adjustment of the permit
					 maintenance fees shall be based upon the annual permit maintenance fee amount
					 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 permit maintenance fee is assessed.
a. The
					 CPI for all-urban consumers 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 maintenance fees assessed in calendar year 2012.
3. The amount of the annual permit
					 maintenance fee shall be rounded down to the nearest whole dollar.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 11 - Annual Permit Maintenance Fees for Stationary Sources › Section 9VAC5-80-2350 - Annual permit maintenance fee payment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Upon determining that the owner of a stationary source owes an annual permit
					 maintenance fee, the department will mail or send electronically a bill for the
					 fee to that owner no later than August 1.
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
					 request that the fee amount be revised if the owner can document that the
					 status of the permits on which the fee was based is in error. This request
					 shall include appropriate source identification data, copies of all valid air
					 permits, 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
					 full within 30 days of the date of approval.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 11 - Annual Permit Maintenance Fees for Stationary Sources › Form - FORMS (9VAC5-80)

Current through Register Vol. 40, No. 24, July 15, 2024
Air Operating Permit Application, DEQ Form 805
						(2/15/96).
Air
						Permit Application Fee Form - July 1, 2012 (AP Form 5).
EPA Acid Rain Program -- New Unit Exemption Form (
						40 CFR
						72.7 ) with instructions, EPA Form 7610-19
						(rev. 12-94).
EPA Acid Rain Program -- Retired Unit Exemption Form (
						40 CFR
						72.8 ) with instructions, EPA Form 7610-20
						(rev. 12-94).
EPA Acid Rain Program -- Certificate of Representation (
						40 CFR
						72.24 ) with instructions, EPA Form 7610-1
						(rev. 12-94).
EPA Acid Rain Program -- Phase II Permit Application (
						40 CFR
						72.30 -
						72.31 ) with instructions, EPA
						Form 7610-16 (rev. 12-94).
EPA Acid Rain Program -- Repowering Extension Plan (
						40 CFR
						72.44 ) with instructions, EPA Form 7610-17
						(rev. 12-94).
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 I - Applicability › Section 9VAC5-85-10 - 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 chapter shall
				  apply to permit actions for a stationary source that emits, or has the
				  potential to emit, any air pollutant subject to regulation. For the purposes of
				  this part, "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.
B. The provisions of this chapter apply
				  throughout the Commonwealth of Virginia.
C. The provisions of this chapter shall not
				  apply to the following:
1. Permit actions
				  under Article 6 (9VAC5-80-1100 et seq.) of Part II
				  of 9VAC5-80. Nothing in this chapter shall be construed as designating
				  greenhouse gases as a regulated air pollutant for the purposes of Article 6
				  (9VAC5-80-1100 et seq.) of Part II
				  of 9VAC5-80.
2. Permit actions
				  under Article 7 (9VAC5-80-1400 et seq.) of Part II
				  of 9VAC5-80.
3. Permit actions
				  under Article 9 (9VAC5-80-2000 et seq.) of Part II
				  of 9VAC5-80.
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 9VAC5-85-20 - Federal (Title V) operating permit actions

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements of Article 1 (9VAC5-80-50 et seq.) and Article 3
					 (9VAC5-80-360 et seq.) of Part II of
					 9VAC5-80 shall apply, except that the terms defined shall have the meaning
					 given them in this part.
Statutory Authority
§ 10.1-1308 of the Code of
						Virginia.
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 III - Prevention of Significant Deterioration Permit Actions › Section 9VAC5-85-40 - Prevention of significant deterioration area permit actions

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements of Article 8 (9VAC5-80-1605 et
					 seq.) of Part II of 9VAC5-80 shall apply, with the following exceptions:
1. The terms defined shall have the meaning
				  given to them in this part.
2. The
				  department, at its discretion, may apply the provisions of
				  9VAC5-85-55
				  in lieu of
				  9VAC5-80-1865
				  (Actuals plantwide applicability limits (PALs)).
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
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 III - Prevention of Significant Deterioration Permit Actions › Section 9VAC5-85-55 - Actuals plantwide applicability limits (PALs)

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  following applicability requirements shall apply:
1. The department may approve the use of an
				  actuals PAL for GHGs on either a mass basis or a CO2e
				  basis for any existing major stationary source or any existing GHG-only source
				  if the PAL meets the requirements of this section. The term "PAL" shall mean
				  "actuals PAL" throughout this section.
2. Any physical change in or change in the
				  method of operation of a major stationary source or a GHG-only source that
				  maintains its total sourcewide emissions below the PAL level, meets the
				  requirements of this section, and complies with the PAL permit:
a. Is not a major modification for the PAL
				  pollutant;
b. Does not have to be
				  approved through Article 8 (9VAC5-80-1605 et
				  seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) or this
				  part;
c. Is not subject to the
				  provisions of
				  9VAC5-80-1605 C
				  (restrictions on relaxing enforceable emission limitations that the major
				  stationary source used to avoid applicability of the major NSR program);
				  and
d. Does not make GHGs subject
				  to regulation.
3. Except
				  as provided under subdivision 2 c of this subsection, a major stationary source
				  or a GHG-only source shall continue to comply with all applicable federal or
				  state requirements, emission limitations, and work practice requirements that
				  were established prior to the effective date of the PAL.
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 IV - State Operating Permit Actions › Section 9VAC5-85-60 - State operating permit actions

Current through Register Vol. 40, No. 24, July 15, 2024
Within the limits of
					 9VAC5-80-800 C, the requirements of
					 Article 5 (9VAC5-80-800 et seq.) of Part II of
					 9VAC5-80 may apply, except that the terms defined shall have the meaning given
					 them in this part.
Statutory Authority
§ 10.1-1308 of the Code of
						Virginia.
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 IV - State Operating Permit Actions › Section 9VAC5-85-70 - 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
				  9VAC5-80-810(Definitions),
				  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 meaning 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.
"Regulated air pollutant" means any of the
					 following:
1. Nitrogen oxides or any
				  volatile organic compound.
2. Any
				  pollutant for which an ambient air quality standard has been
				  promulgated.
3. Any pollutant
				  subject to any standard promulgated under § 111 of the federal Clean Air
				  Act.
4. Any Class I or II substance
				  subject to a standard promulgated under or established by Title VI of the
				  federal Clean Air Act concerning stratospheric ozone protection.
5. Any pollutant subject to a standard
				  promulgated under or other requirements established under § 112 of the
				  federal Clean Air Act concerning hazardous air pollutants and any pollutant
				  regulated under Subpart C of 40 CFR 68.
6. Any pollutant subject to a regulation
				  adopted by the board.
7. Any
				  pollutant subject to regulation under the Virginia Air Pollution Control
				  Law.
8. Any pollutant that
				  otherwise is subject to regulation under the federal Clean Air Act as defined
				  in the definition of "subject to regulation."
"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.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part I - Definitions › Section 9VAC5-91-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				  of this chapter and subsequent amendments or any orders issued by the board,
				  the words or terms shall have the meanings given them in
				  9VAC5-91-20.
B. Unless specifically defined in the
				  Virginia Motor Vehicle Emissions Control Law (§ 46.2-1176 et seq. of the
				  Code of Virginia) or in this chapter, terms used shall have the meanings given
				  them by 9VAC5-170-20 (definitions,
				  Regulation for General Administration) or commonly ascribed to them by
				  recognized authorities, in that order of priority.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-30 - Applicability and authority of the department

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provisions of this chapter, unless
				  specified otherwise, apply to the following:
1. Any owner of an affected motor vehicle,
				  including new motor vehicles, specified in subsection B of this section.
				  References made to responsibilities or requirements applicable to an affected
				  motor vehicle shall mean that the owner shall be responsible for compliance
				  with all applicable provisions of this chapter.
2. Any owner of an emissions inspection
				  station or fleet emissions inspection station under the auspices of the
				  enhanced emissions inspection program. References made to responsibilities or
				  requirements of emissions inspection stations or fleet emissions inspection
				  stations shall mean that the owner, permittee or certificate holder, as
				  appropriate, shall be responsible for compliance with all applicable provisions
				  of this chapter.
3. Any person who
				  conducts an emissions inspection under the auspices of the enhanced emissions
				  inspection program.
4. Any owner of
				  an emissions repair facility performing emissions repairs on motor vehicles
				  affected by this chapter. References made to responsibilities or requirements
				  of certified emissions repair facilities shall mean that the owner, permittee
				  or certificate holder, as appropriate, shall be responsible for compliance with
				  all applicable provisions of this chapter.
5. Any emissions repair technician performing
				  emissions repairs on motor vehicles affected by this chapter.
6. Any on-road emissions inspector conducting
				  on-road testing.
7. Any person or
				  corporation that has entered into a contract with the director to provide
				  services in accordance with this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-50 - Documents incorporated by reference

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Administrative Process Act and
				  Virginia Register Act provide that state regulations may incorporate documents
				  by reference. Throughout this chapter, documents of the types specified below
				  have been incorporated by reference.
1.
				  United States Code.
2. Code of
				  Virginia.
3. Code of Federal
				  Regulations.
4. Federal
				  Register.
5. Technical and
				  scientific reference documents.
Additional information on key federal regulations and
					 nonstatutory documents incorporated by reference and their availability may be
					 found in subsection E of this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-70 - Appeal of case decisions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Any owner, emissions inspector, emissions repair technician, or other party
				  significantly affected by any action of the director or the department taken
				  without a formal hearing may request a formal hearing in accordance with §
				  2.2-4020 of the Administrative Process Act, provided a formal hearing has not
				  been waived and a petition requesting such formal hearing is filed with the
				  director within 30 days after notice of the action is mailed, by postal or
				  electronic delivery, or delivered to such owner, emissions inspector, emissions
				  repair technician, or party requesting notification of such action.
B. In cases where the director or the
				  department fails to make a case decision within the time frame specified by
				  § 2.2-4021, the owner, emissions inspector, emissions repair technician,
				  or other party significantly affected, may provide written notice to the
				  director that a decision is due in accordance with § 2.2-4021 of the
				  Administrative Process Act. Appeals thereafter shall be in accordance with the
				  Administrative Process Act.
C.
				  Prior to any formal hearing, an informal fact finding shall be held pursuant to
				  § 2.2-4019 of the Administrative Process Act, unless the named party and
				  the director consent to waive the informal fact finding and go directly to a
				  formal hearing.
D. Any decision of
				  the director resulting from a formal hearing or from an informal fact finding
				  wherein the parties have agreed to waive a formal hearing shall constitute the
				  final decision for purposes of Article V (§ 2.2-4025 et seq.) of the
				  Administrative Process Act.
E.
				  Judicial review of any final decision shall be in accordance with Article V
				  (§ 2.2-4025 et seq.) of the Administrative Process Act.
F. Nothing in this section shall prevent
				  disposition of any case by consent.
G. Any petition for a formal hearing or any
				  notice or petition for an appeal by itself shall not constitute a stay of
				  decision or action.
Statutory Authority
§ 46.2-1180 of the Code of Virginia; § 182 of
						the Clean Air Act; 40 CFR Part 51, Subpart S.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-90 - Right of entry

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever it is necessary for the purposes of this chapter,
					 the department may enter, at reasonable times, any establishment or upon any
					 property, public or private, for the purpose of obtaining information or
					 conducting surveys, audits or investigations as authorized by §
					 46.2-1187.1 of the Virginia Motor Vehicle Emissions Control
					 Law.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-100 - Conditions on approvals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  director may impose conditions upon permits, licenses, certifications and other
				  approvals issued pursuant to this chapter, (i) which may be necessary to carry
				  out the Virginia Motor Vehicle Emissions Control Law and (ii) which are
				  consistent with this chapter. Except as specified herein, nothing in this
				  chapter shall be understood to limit the power of the department in this
				  regard.
B. A license, permit, or
				  certification applicant may consider any condition imposed by the director as a
				  denial of the requested permit, license, certification or other approval, which
				  shall entitle the applicant to appeal the decision pursuant to
				  9VAC5-91-70.
C. The existence of a permit, license or
				  certification under this chapter shall not constitute a defense to a violation
				  of the Virginia Air Pollution Control Law, the Virginia Motor Vehicle Emissions
				  Control Law or this chapter and shall not relieve any owner of the
				  responsibility to comply with any applicable regulations, laws, ordinances and
				  orders of any governmental entities having jurisdiction.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-120 - Export and import of motor vehicles

Current through Register Vol. 40, No. 24, July 15, 2024
A. The catalyst and fuel filler inlet
				  restrictor may be removed from, installed or reinstalled on used motor vehicles
				  scheduled for shipment to or from a foreign country provided that:
1. The export or import of the motor vehicle
				  meets the provisions of subsection B of this section; and
2. The removal of the emissions control
				  equipment does not take place prior to 10 days before the vehicle is turned
				  over to the port authorities and the reinstallation of the emissions control
				  equipment takes place within 10 days after receipt of the vehicle by the motor
				  vehicle owner from the port authorities in the United States if such equipment
				  is required for the vehicle configuration.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-130 - Relationship of state regulations to federal regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order for the Commonwealth to fulfill
				  its obligations under the federal Clean Air Act, some provisions of this
				  chapter are required to be approved by the U.S. Environmental Protection Agency
				  and when approved those provisions become federally enforceable.
B. In cases where this chapter specifies that
				  procedures or methods shall be approved by, acceptable to or determined by the
				  director or the department or specifically provides for decisions to be made by
				  the director or the department, it may be necessary to have such actions
				  (approvals, determinations, exemptions, exclusions, or decisions) reviewed and
				  confirmed as acceptable or approved by the U.S. Environmental Protection Agency
				  in order to make them federally enforceable. Determination of which state
				  actions require federal confirmation or approval and the administrative
				  mechanism for making associated confirmation or approval decisions shall be
				  made on a case-by-case basis in accordance with U.S. Environmental Protection
				  Agency regulations and policy.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-140 - Delegation of authority

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with the Motor Vehicle Emissions Control
					 Law, the director, or a designee acting for him, may perform any act provided
					 under this chapter.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part II - General Provisions › Section 9VAC5-91-150 - Availability of information

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Emissions data in the possession of the department shall be available to the
				  public without exception.
B. Any
				  other records, reports or information in the possession of the department shall
				  be available to the public with the following exception:
The department shall consider such records, reports or
					 information, or particular part thereof, confidential in accordance with the
					 Virginia Uniform Trade Secrets Act (§ 59.1-336 et seq. of the Code of
					 Virginia) upon a showing satisfactory to the department by any station owner
					 that such records, reports or information, or particular part thereof, meet the
					 criteria in subsection C of this section and the station owner provides a
					 certification to that effect signed by a responsible person for such owner.
					 Such records, reports or information, or particular part thereof, may be
					 disclosed, however, to other officers, employees or authorized representatives
					 of the Commonwealth of Virginia and the U.S. Environmental Protection Agency
					 concerned with carrying out the provisions of the Motor Vehicle Emissions
					 Control Law and the federal Clean Air Act.
C. In order to be exempt from disclosure to
				  the public under subsection B of this section, the information must satisfy the
				  following criteria:
1. Information for which
				  the station owner has been taking and will continue to take measures to protect
				  confidentiality;
2. Information
				  that has not been and is not presently reasonably obtainable without the
				  consent of the station owner or motor vehicle owner by private citizens or
				  other firms through legitimate means other than discovery based on a showing of
				  special need in a judicial or quasi-judicial proceeding;
3. Information which is not publicly
				  available from sources other than the station owner; and
4. Information the disclosure of which would
				  cause substantial harm to the station owner.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part III - Emission Standards for Motor Vehicle Air Pollution › Section 9VAC5-91-160 - Exhaust emission standards for two-speed idle testing in enhanced emissions inspection programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				  motor vehicle subject to the two-speed idle test shall discharge carbon
				  monoxide (CO), or hydrocarbons (HC) in its exhaust emissions in excess of
				  standards set forth in Table III-A when measured with a certified analyzer
				  system and in accordance with the two-speed idle inspection procedures
				  prescribed in Part VI (9VAC5-91-410 et
				  seq.).
B. The measured
				  concentration of CO plus CO2 shall be greater than or
				  equal to 6.0%.
C. The standards in
				  Table III-A may be adjusted by no more than one percentage point for CO and 150
				  ppm for HC in order to meet the requirements of the Environmental Protection
				  Agency or the federal Clean Air Act.
TABLE III-A.
EXHAUST EMISSION STANDARDS FOR TWO-SPEED
							 IDLE EMISSIONS INSPECTIONS TESTS.
Model Year
HC (ppm)
CO (%)
For idle test and 2500 RPM test for vehicles up to
							 8500 pounds GVWR:
1996 & later
110
0.75
1990-95
125
1.0
1981-89
220
1.2
1980
220
2.0
1975-79
400
4.0
1970-74
600
6.0
1968-69
800
8.0
For vehicles from 8501 to 10000 pounds GVWR:
1997 & later
125
0.75
1991-96
150
1.0
1981-90
220
1.2
1980
220
2.0
1975-79
400
4.0
1970-74
600
6.0
1968-69
800
8.0
Statutory Authority
§§ 46.2-1178.1, 46.2-1178.2 and 46.2-1180 of
						the Code of Virginia; § 182 of the federal Clean Air Act; 40 CFR Part 51,
						Subpart S.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part III - Emission Standards for Motor Vehicle Air Pollution › Section 9VAC5-91-170 - Exhaust emission standards for ASM testing in enhanced emissions inspection programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				  motor vehicle shall discharge carbon monoxide (CO), hydrocarbons (HC), or
				  oxides of nitrogen (NOX) in its exhaust emissions in
				  excess of standards set forth in tables in Part XIV (9VAC5-91-790 et seq.) when measured
				  with a certified analyzer system and in accordance with the ASM inspection
				  procedures prescribed in Part VI (9VAC5-91-410 et
				  seq.).
B. The director may
				  determine, based on results of emissions inspections verified by the department
				  and in consultation with vehicle manufacturers, EPA or appropriate research
				  organizations that emissions standards for specific vehicle models, model
				  years, or weight classifications shall remain at the phase-in level as
				  specified in
				  9VAC5-91-790 or be set at interim
				  standards less stringent than the final standards rather than being adjusted to
				  the final standards specified in
				  9VAC5-91-800.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part III - Emission Standards for Motor Vehicle Air Pollution › Section 9VAC5-91-185 - Clean screen vehicle emissions standards for on-road testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Clean screen
				  vehicles shall be identified by an on-road emissions inspector using on-road
				  testing based on all of the following criteria until the provisions of
				  subsection B of this section become effective according to the schedule in
				  subsection D of
				  9VAC5-91-740:
1. Up to 5.0% of the number of vehicles
				  measured during any 30-day period may be identified as clean screen vehicles.
				  This percentage may be evaluated annually by the department and adjusted based
				  on the amount of emissions reduction lost due to clean screening.
2. Vehicles that have the cleanest
				  measurements based on an average of at least three measurements (taken on three
				  different days in a 120-day time period) may be identified as clean screen
				  vehicles.
3. Vehicles must have no
				  measurements exceeding the on-road high emitter emissions standard within the
				  120-day time period as required in subdivision 2 of this subsection to be
				  identified as clean screen vehicles.
4. Vehicles must not be equipped with an OBD
				  system unless DEQ makes a determination to include certain OBD model years
				  based on evidence that there would not be a significant loss in emissions
				  reduction benefits.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part III - Emission Standards for Motor Vehicle Air Pollution › Section 9VAC5-91-190 - Emissions control systems standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with § 46.2-1048 of the
				  Code of Virginia, no owner or other person shall cause or permit the removal,
				  disconnection, disabling or intentional alteration that reduces the
				  effectiveness of an emissions control system or device that has been installed
				  on a motor vehicle in accordance with federal laws and regulations.
B. No owner or other person shall attempt to
				  defeat the purpose of any such motor vehicle emissions control system or device
				  by installing any part or component that is not (i) a standard factory
				  replacement part or component of the device or (ii) a part or component
				  certified by the U.S. Environmental Protection Agency to comply with the
				  Federal Motor Vehicle Control Program requirements.
C. The installation of any aftermarket parts
				  approved by the U.S. Environmental Protection Agency or by the California Air
				  Resources Board for installation as a part of a vehicle's emissions control
				  equipment shall not be considered a violation of this section.
D. No owner or other person shall operate a
				  motor vehicle or engine with the motor vehicle emissions control system or
				  device removed, rendered inoperable or effectiveness reduced through
				  intentional alteration.
E. The
				  provisions of this section shall not prohibit or prevent shop adjustments or
				  replacement, or both, of equipment for maintenance or repair, or the conversion
				  of engines to low polluting fuels such as, but not limited to, natural gas or
				  propane.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part III - Emission Standards for Motor Vehicle Air Pollution › Section 9VAC5-91-210 - Visible emissions standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. No owner or other person shall cause or
				  permit the emission of visible air pollutants from gasoline and other nondiesel
				  fuel-powered motor vehicles for longer than five consecutive seconds after the
				  engine has been brought up to operating temperature.
B. No owner or other person shall cause or
				  permit the emission of visible air pollutants from diesel-powered motor
				  vehicles of a density equal to or greater than 20% opacity for longer than 10
				  consecutive seconds after the engine has been brought up to operating
				  temperature.
C. Compliance with
				  opacity standards in this part shall be determined by conducting observations
				  in accordance with Reference Method 9 or any alternative method. Opacity
				  readings of portions of plumes that contain condensed, uncombined water vapor
				  shall not be used for purposes of determining compliance with opacity
				  standards.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-220 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  director shall issue, suspend, revoke or deny permits and establish procedures
				  and other instructions for the operation of emissions inspection
				  stations.
B. An emissions
				  inspection station permit is valid only for the facility and owner identified
				  on the permit and is not transferable to any other owner or facility. No
				  facility shall be represented as an emissions inspection station unless the
				  owner holds a valid permit issued by the director.
C. Transfer or sale of business, or changes
				  in partnership, name or location shall require notification to the department
				  and shall require a new permit. The emissions inspection station permit holder
				  shall inform the department of any transfer or sale of the business or change
				  in the name of the station, ownership, partnership, or name of lessee or
				  operator within 10 days of such change.
D. All documents, permits, data media and
				  other inspection related materials shall revert to the ownership of the
				  department if the emissions inspection station is abandoned or if the emissions
				  inspection business is discontinued by the permit holder.
E. Emissions inspection stations shall
				  inspect all subject vehicles, which they are required by permit to inspect, in
				  a timely manner and without prior repair or adjustment except to remedy
				  conditions for which the vehicle is rejected from testing under the provisions
				  of 9VAC5-91-420 C.
F. All emissions inspections, including
				  retests, except for aborted tests, shall be conducted in their entirety
				  according to the emission standards and test components contained in Parts III
				  (9VAC5-91-160 et seq.), VI
				  (9VAC5-91-410 et seq.) and XIV
				  (9VAC5-91-790 et seq.) of this
				  chapter.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-230 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applications for
				  permits shall be made to, and in accordance with procedures approved by, the
				  department.
B. Applications for
				  permits shall be signed by an officer of the corporation or by a duly
				  authorized agent of the corporation; or by an equivalently responsible officer
				  in the case of organizations other than corporations; or in other cases, by the
				  owner; or in the case of governmental entities, by the highest executive
				  official of such entities or his designee. A person is a duly authorized agent
				  only if the authorization is made in writing by an officer of the corporation
				  or by an equivalently responsible officer in the case of organizations other
				  than corporations. Such signature shall constitute personal affirmation that
				  the statements made in the application are true and complete to the best of the
				  knowledge and belief of the signer.
C. An application for permit shall identify
				  the facility for which application is made to become an emissions inspection
				  station. A separate application is required for each facility and each facility
				  requires a separate permit.
1. More than one
				  inspection lane may be included in a single permit but, in such case, any
				  enforcement action taken in regard to that permit shall apply to all lanes
				  contained in the permit.
2. In the
				  case of mobile fleet emissions inspection station permits, the application
				  shall identify the fleet that will be tested as well as the planned dates and
				  times of operations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-240 - Standards and conditions for permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No permit for an emissions inspection
				  station or fleet emissions inspection station shall be issued unless the
				  director determines that:
1. The station owner
				  has obtained and properly installed an analyzer system certified by the
				  department, tools and electronic data processing and other equipment to
				  adequately conduct the required emissions inspection in the manner prescribed
				  by this chapter;
2. The station
				  owner has employed properly trained and licensed personnel to perform the
				  necessary emissions inspections;
3.
				  For mobile fleet emissions inspection stations, a fleet emissions inspection
				  permit has been issued for the fleet that will be tested; and
4. The station owner has complied with all
				  other requirements of this chapter which pertain to emissions inspection
				  stations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-250 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A. After receipt of an application or any
				  additional information, the department shall advise the applicant of any
				  deficiency in such application or information.
B. Processing time for a permit is normally
				  90 days following receipt of a complete application. The department may extend
				  this time period if additional information is required. Processing steps may
				  include, but not be limited to:
1. Completion
				  of a preliminary review and a preliminary decision of the director;
2. Inspection or audit of the facility;
				  and
3. Completion of the final
				  review and the final decision of the director.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-260 - Emissions inspection station permits, categories

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permit shall be issued to a qualified
				  applicant in the following categories, as determined by the department.
1. Emissions inspection station.
2. Fleet emissions inspection station meeting
				  the requirements of
				  9VAC5-91-370.
3. Sensitive mission vehicle emissions fleet
				  inspection station.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-270 - Permit renewals

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Renewals of permits shall be subject to the same provisions of this chapter as
				  are original permits.
B. It is the
				  responsibility of the emissions inspection station to have a current valid
				  permit. The department will endeavor to notify emissions inspection stations
				  prior to the expiration of their permit.
C. When supported by justification which the
				  department deems adequate, the director may, upon request by a station owner,
				  extend the expiration date of a permit by a period not to exceed three months
				  beyond the original expiration date for the purpose of allowing sufficient time
				  for a station owner to correct such deficiencies in the application as have
				  been identified by the department and to allow completion of the application
				  review by the department.
D. It is
				  the responsibility of the emissions inspection station to notify the department
				  of the expiration of a suspension period.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-280 - Permit revocation, surrender of materials

Current through Register Vol. 40, No. 24, July 15, 2024
Upon notice of revocation, emissions inspection stations
					 shall surrender to the department all permits, forms, data media and documents
					 issued by or purchased from the department.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-290 - Emissions inspection station operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Emissions inspection station operations
				  shall be conducted in accordance with applicable statutes and this
				  chapter.
B. Emissions inspection
				  stations shall cooperate with the department during the conduct of audits,
				  investigations and complaint resolutions.
C. Emissions inspection stations, except
				  fleet emissions inspection stations permitted under
				  9VAC5-91-370,
				  shall conduct emissions inspections during normal business hours and shall
				  inspect every vehicle presented for inspection within a reasonable time
				  period.
D. Emissions inspection
				  stations that have performed a chargeable initial inspection that resulted in a
				  test failure or failed invalid result shall provide one free reinspection on
				  the same vehicle upon request within 14 calendar days of the initial inspection
				  test failure or failed invalid result.
E. Emissions inspection stations finding it
				  necessary to suspend inspections due to analyzer system malfunction or any
				  other reason shall refund any inspection fee collected when a station cannot
				  accommodate a customer's request for a free reinspection in accordance with
				  subsection D of this section and
				  9VAC5-91-420
				  M.
F. Emissions inspection stations
				  shall notify the department when they are unable to perform emissions
				  inspections for any reason and shall notify the department when they are able
				  to resume inspections.
G. Emissions
				  inspection stations shall:
1. Employ at least
				  one emissions inspector.
2. Have an
				  emissions inspector on duty during posted emissions inspection hours, except
				  for fleet emissions inspection stations permitted under
				  9VAC5-91-370.
3. Only allow licensed emissions inspectors
				  to conduct inspections.