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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2000 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provisions of this article apply to the construction of any new major
					 stationary source or a major modification that is major for the pollutant for
					 which the area is designated as nonattainment. Different pollutants, including
					 individual precursors, are not summed to determine applicability of a major
					 stationary source or major modification.
B. The provisions of this article apply in
					 (i) nonattainment areas designated in 9VAC5-20-204 or (ii) the Ozone Transport
					 Region as defined in
					 9VAC5-80-2010 C. This
					 article applies to all localities in the Ozone Transport Region regardless of a
					 locality's nonattainment status.
C.
					 If the Ozone Transport Region is designated attainment for ozone, sources
					 located or planning to locate in the region shall be subject to the offset
					 requirements for areas classified as moderate in
					 9VAC5-80-2120 B 2. If the
					 Ozone Transport Region is designated nonattainment for ozone, sources located
					 or planning to locate in the region shall be subject to the offset requirements
					 of
					 9VAC5-80-2120 B depending
					 on the classification except if the classification is marginal or there is no
					 classification, the classification shall be moderate for purpose of applying
					 9VAC5-80-2120
					 B.
D. At such time that a
					 particular source or modification becomes a major stationary source or major
					 modification solely by virtue of a relaxation in any enforceable limitation
					 which was established after August 7, 1980, on the capacity of the source or
					 modification otherwise to emit a pollutant, such as a restriction on hours of
					 operation, then the requirements of this article shall apply to the source or
					 modification as though construction had not commenced on the source or
					 modification.
E. Unless specified
					 otherwise, the provisions of this article apply as follows:
1. Provisions referring to "sources," "new
					 and/or modified sources" or "stationary sources" apply to the construction of
					 all major stationary sources and major modifications.
2. Any emissions units or pollutants not
					 subject to the provisions of this article may be subject to the provisions of
					 Article 6 (9VAC5-80-1100 et
					 seq.), Article 7 (9VAC5-80-1400 et
					 seq.), or Article 8 (9VAC5-80-1605 et
					 seq.) of this part.
3. Provisions
					 referring to "state and federally enforceable" and "federally and state
					 enforceable" or similar wording shall mean "state-only enforceable" for terms
					 and conditions of a permit designated state-only enforceable under
					 9VAC5-80-2020
					 E.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2030 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 single application is required identifying at a minimum each emissions unit
					 subject to the provisions of this article. The application shall be submitted
					 according to procedures acceptable to the department. However, where several
					 emissions units are included in one project, a single application covering all
					 units in the project may be submitted.
B. A separate application is required for
					 each stationary source.
C. For
					 projects with phased development, a single application should be submitted
					 covering the entire project.
D. Any
					 application form, report, or certification submitted to the department shall
					 comply with the provisions of
					 9VAC5-20-230.
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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2060 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Within 30 days after receipt of an application, the department will notify the
					 applicant of the status of the application. The notification of the initial
					 determination with regard to the status of the application shall be provided by
					 the department in writing and shall include (i) a determination as to which
					 provisions of the new source review program are applicable, (ii) the
					 identification of any deficiencies, and (iii) a determination as to whether the
					 application contains sufficient information to begin application review. The
					 determination that the application has sufficient information to begin review
					 is not necessarily a determination that it is complete. Within 30 days after
					 receipt of any additional information, the department will notify the applicant
					 in writing of any deficiencies in such information. The date of receipt of a
					 complete application for processing under subsection B of this section shall be
					 the date on which the department received all required information and the
					 provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have
					 been met, if applicable.
B. The
					 department will normally process an application according to the steps
					 specified in subdivisions 1 through 4 of this subsection. Processing time for
					 these steps is normally 180 days following receipt of a complete application.
					 The department may extend this time period if additional information is needed.
1. Complete the preliminary review and
					 analysis in accordance with
					 9VAC5-80-2090
					 and the preliminary determination of the department.
2. Complete the public participation
					 requirements in accordance with
					 9VAC5-80-2070.
3. Consider the public comments received in
					 accordance with
					 9VAC5-80-2070.
4. Complete the final review and analysis and
					 the final determination of 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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2080 - Compliance determination and verification by performance testing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Compliance with standards of performance shall be determined in accordance with
					 the provisions of
					 9VAC5-50-20 and shall
					 be verified by performance tests in accordance with the provisions of
					 9VAC5-50-30.
B. Testing required by this section shall be
					 conducted within 60 days by the owner after achieving the maximum production
					 rate at which the new or modified source will be operated, but not later than
					 180 days after initial startup of the source; and 60 days thereafter the
					 department shall be provided by the owner with two or, upon request, more
					 copies of a written report of the results of the tests.
C. The requirements of this section shall be
					 met unless the department:
1. Specifies or
					 approves, in specific cases, the use of a reference method with minor changes
					 in methodology;
2. Approves the use
					 of an equivalent method;
3.
					 Approves the use of an alternative method, the results of which the department
					 has determined to be adequate for indicating whether a specific source is in
					 compliance;
4. Waives the
					 requirement for testing because, based upon a technical evaluation of the past
					 performance of similar source types, using similar control methods, the
					 department reasonably expects the new or modified source to perform in
					 compliance with applicable standards; or
5. Waives the requirement for testing because
					 the owner of the source has demonstrated by other means to the department's
					 satisfaction that the source is in compliance with the applicable
					 standard.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2090 - Application review and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
No permit shall be granted pursuant to this article
						unless compliance with the standards in
						9VAC5-80-2050
						is demonstrated to the satisfaction of the department by a review and analysis
						of the application performed on a source-by-source basis as specified
						below:
1. Applications shall be
					 subject to a control technology review to determine if such source will be
					 designed, built and equipped to comply with all applicable standards of
					 performance prescribed under 9VAC5 Chapter 50 (9VAC5-50).
2. Applications shall be subject to an air
					 quality analysis to determine the impact of nonattainment pollutant
					 emissions.
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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2091 - Source obligation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
					 owner who constructs or operates a source or modification not in accordance (i)
					 with the application submitted pursuant to this article or (ii) with the terms
					 and conditions of any permit to construct or operate, or any owner of a source
					 or modification subject to this article who commences construction or operation
					 without applying for and receiving a permit hereunder, shall be subject to
					 appropriate enforcement action including, but not limited to, any specified in
					 9VAC5-80-2180.
B. The following provisions apply to projects
					 at existing emissions units at a major stationary source (other than projects
					 at a source with a PAL) in circumstances where there is a reasonable
					 possibility that a project that is not a part of a major modification may
					 result in a significant emissions increase and the owner elects to use the
					 method specified in subdivisions a through c of the definition of "projected
					 actual emissions" for calculating projected actual emissions:
1. Before beginning actual construction of
					 the project, the owner shall document and maintain a record of the following
					 information:
a. A description of the
					 project;
b. Identification of the
					 emissions units whose emissions of a regulated NSR pollutant could be affected
					 by the project; and
c. A
					 description of the applicability test used to determine that the project is not
					 a major modification for any regulated NSR pollutant, including the baseline
					 actual emissions, the projected actual emissions, the amount of emissions
					 excluded under subdivision c of the definition of "projected actual emissions"
					 and an explanation for why such amount was excluded, and any netting
					 calculations, if applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2100

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2110 - Interstate pollution abatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of each new or modified source,
					 which may significantly contribute to levels of air pollution in excess of an
					 ambient air quality standard in any quality control region outside the
					 Commonwealth, shall provide written notice to all nearby states of the air
					 pollution levels which may be affected by such source at least 60 days prior to
					 the date of commencement of construction or modification.
B. Any state or political subdivision may
					 petition the administrator for a finding that any new or modified source emits
					 or would emit any air pollutant in amounts which will prevent attainment or
					 maintenance of any ambient air quality standard or interfere with measures for
					 the prevention of significant deterioration or the protection of visibility in
					 the implementation plan for such state. Within 60 days after receipt of such
					 petition and after a public hearing, the administrator will make such a finding
					 or deny the petition.
C.
					 Notwithstanding any permit granted pursuant to this article, no owner or other
					 person shall commence construction or modification or begin operation of a
					 source to which a finding has been made under the provisions of subsection B of
					 this section.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; 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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2130 - De minimis increases and stationary source modification alternatives for ozone nonattainment areas classified as serious or severe in 9VAC5-20-204

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Increased emissions of volatile organic compounds or nitrogen oxides resulting
					 from any physical change in, or change in the method of operation of, a major
					 stationary source located in an ozone nonattainment area classified as serious
					 or severe in
					 9VAC5-20-204 shall be considered de
					 minimis for purposes of determining the applicability of the permit
					 requirements under this article if the increase in net emissions of the same
					 pollutant from such source is 25 tons or less when aggregated with all other
					 net increases in emissions from the source over a period of five consecutive
					 calendar years which includes the calendar year in which such increase
					 occurred.
B. The following shall
					 apply to modifications of major stationary sources emitting less than 100 tons
					 per year of volatile organic compounds or nitrogen oxides.
1. Any physical change in, or change in the
					 method of operation of, a major stationary source with a potential to emit of
					 less than 100 tons per year of volatile organic compounds or nitrogen oxides
					 which results in an increase in emissions of the same pollutant from any
					 discrete operation, unit, or other pollutant emitting activity at that source
					 that is not de minimis under subsection A of this section shall be considered a
					 major modification under this article. However, in applying emission standards
					 under 9VAC5 Chapter 50 (9VAC5-50) to the source, the requirement to apply best
					 available control technology shall be substituted for the requirement to comply
					 with the lowest achievable emissions rate.
2. If the owner elects to offset the increase
					 of volatile organic compounds or of nitrogen oxides by a greater reduction in
					 emissions of the pollutant being increased from other operations, units, or
					 activities within the source at an internal offset ratio of at least 1.3 to 1,
					 such increase shall not be considered a major modification under this
					 article.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2140 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provisions of this article do not apply to a source or modification that would
					 be a major stationary source or major modification only if fugitive emissions,
					 to the extent quantifiable, are considered in calculating the potential to emit
					 of the source or modification and the source does not belong to any of the
					 following categories:
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 acid plants;
10. Sulfuric acid plants;
11. Nitric acid plants;
12. Petroleum refineries;
13. Lime plants;
14. Phosphate rock processing
					 plants;
15. Coke oven
					 batteries;
16. Sulfur recovery
					 plants;
17. Carbon black plants
					 (furnace process);
18. Primary lead
					 smelters;
19. Fuel conversion
					 plants;
20. Sintering
					 plants;
21. Secondary metal
					 production plants;
22. Chemical
					 process plants (which shall not include ethanol production facilities that
					 produce ethanol by natural fermentation included in NAICS codes 325193 or
					 312140);
23. Fossil-fuel boilers
					 (or combination of them) totaling more than 250 million British thermal units
					 per hour heat input;
24. Petroleum
					 storage and transfer units with a total storage capacity exceeding 300,000
					 barrels;
25. Taconite ore
					 processing plants;
26. Glass fiber
					 processing plants;
27. Charcoal
					 production plants;
28. Fossil
					 fuel-fired steam electric plants of more than 250 million British thermal units
					 per hour heat input; and
29. Any
					 other stationary source category which, as of August 7, 1980, is being
					 regulated under 40 CFR Parts
					 60,
					 61 or
					 63.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2141 to 9VAC5-80-2143 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2144 - Actuals plantwide applicability limits (PALs)

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may approve the use of an actuals PAL for any existing major
					 stationary source (except as provided in subdivision 1 of this subsection) if
					 the PAL meets the requirements of this section. The term "PAL" shall mean
					 "actuals PAL" throughout this section.
1. No
					 PAL shall be allowed for VOC or NOX for any source
					 located in an extreme ozone nonattainment area.
2. Any physical change in or change in the
					 method of operation of a 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 this article; and
c. Is not subject to the provisions in
					 9VAC5-80-2000 D
					 (restrictions on relaxing enforceable emission limitations that the major
					 stationary source used to avoid applicability of the major NSR
					 program).
3. Except as
					 provided under subdivision 2 c of this subsection, a 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 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2150 - Compliance with local zoning requirements

Current through Register Vol. 40, No. 24, July 15, 2024
No provision of this part or any permit issued thereunder
						shall relieve an owner of the responsibility to comply in all respects with any
						existing zoning ordinances and regulations in the locality in which the source
						is located or proposes to be located; provided, however, that such compliance
						does not relieve the department of its duty under
						9VAC5-170-170
						and § 10.1-1307 E of the Virginia Air Pollution Control Law to
						independently consider relevant facts and circumstances.
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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2160

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2170 - 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 a stationary source, the new owner shall
					 abide by 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.
C. In the case of a name
					 change of a stationary source, the owner shall abide by 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.
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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2190 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a permit under this article shall not
						constitute a defense to a violation of the Virginia Air Pollution Control Law
						(§ 10.1-1300 et seq. of the Code of Virginia) or the regulations of the
						board and shall not relieve any owner of the responsibility to comply with any
						applicable regulations, laws, ordinances and orders of the governmental
						entities having jurisdiction.
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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2195 - Actions to combine permit terms and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 General requirements for actions to combine permit terms and conditions are as
					 follows:
1. Except as provided in subdivision
					 3 of this subsection, the department may take actions to combine permit terms
					 and conditions as provided under subsections B through E of this
					 section.
2. Requests to combine
					 permit terms and conditions may be initiated by the permittee or by the
					 department.
3. Under no
					 circumstances may an action to combine permit terms and conditions be used for
					 any of the following:
a. To combine the terms
					 and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii)
					 any permit that is or will be part of the implementation plan.
b. To take an action to issue a permit or
					 change a permit for the fabrication, erection, installation, demolition,
					 relocation, addition, replacement, or modification of an emissions unit that
					 would result in a change in emissions that would otherwise (i) be subject to
					 review under this article or (ii) require a permit or permit amendment under
					 the new source review program.
c.
					 To allow any stationary source or emissions unit to violate any federal
					 requirement.
d. To take an action
					 to issue a permit or change a permit for any physical change in or change in
					 the method of operation of a major stationary source that is subject to the
					 provisions in
					 9VAC5-80-2000 D
					 (restrictions on relaxing enforceable emission limitations that the major
					 stationary source used to avoid applicability of the major NSR
					 program).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2200 - Actions to change permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 general requirements for actions to make changes to permits issued under this
					 article are as follows:
1. Except as provided
					 in subdivision 3 of this subsection, changes to a permit issued under this
					 article shall be made as specified under subsections B and C of this section
					 and
					 9VAC5-80-2210
					 through
					 9VAC5-80-2240.
2. Changes to a permit issued under this
					 article may be initiated by the permittee as specified in subsection B of this
					 section or by the department as specified in subsection C of this
					 section.
3. Changes to a permit
					 issued under this article and incorporated into a permit issued under Article 1
					 (9VAC5-80-50 et
					 seq.) or Article 3 (9VAC5-80-360 et
					 seq.) of this part shall be made as specified in Article 1 (9VAC5-80-50 et
					 seq.) or Article 3 (9VAC5-80-360 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 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2210 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be used for and limited to the
					 following:
1. Correction of typographical or
					 any other error, defect or irregularity that 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. 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
					 9VAC5-80-2170
					 have been fulfilled.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2220 - Minor permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit amendment procedures shall be used only for those permit
					 amendments that meet all of the following criteria:
1. Do not violate any applicable federal
					 requirement.
2. Do not involve
					 significant changes to existing monitoring, reporting, or record keeping
					 requirements that would make the permit requirements less stringent, 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 record keeping
					 requirements.
3. Do not require or
					 change a case-by-case determination of an emissions limitation or other
					 requirement.
4. Do not seek to
					 establish or change a permit term or condition (i) for which there is no
					 corresponding underlying applicable regulatory requirement and (ii) that the
					 source has assumed to avoid an applicable regulatory requirement to which the
					 source would otherwise be subject. Such terms and conditions include, but are
					 not limited to, an emissions cap assumed to avoid classification as a
					 modification under the new source review program.
5. Are not required to be processed as a
					 significant amendment under
					 9VAC5-80-2230
					 or as an administrative permit amendment under
					 9VAC5-80-2210.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2230 - Significant amendment procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be
					 used for requesting permit amendments that do not qualify as minor permit
					 amendments under
					 9VAC5-80-2220
					 or as administrative amendments under
					 9VAC5-80-2210.
2. Significant amendment procedures shall be
					 used for those permit amendments that meet any of the following criteria:
a. Involve significant changes to existing
					 monitoring, reporting, or record keeping requirements that would make the
					 permit requirements less stringent, 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.
b. Require or change a case-by-case
					 determination of an emissions limitation or other requirement.
c. Seek to establish or change a permit term
					 or condition (i) for which there is no corresponding underlying applicable
					 regulatory requirement and (ii) that the source has assumed to avoid an
					 applicable regulatory requirement to which the source would otherwise be
					 subject. Such terms and conditions include, but are not limited to, an
					 emissions cap assumed to avoid classification as a modification under the new
					 source review program.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2240 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit may be reopened and amended under any of the following situations:
1. Additional regulatory requirements become
					 applicable to the emissions units covered by the permit after a permit is
					 issued but prior to commencement of construction.
2. The department determines that the permit
					 contains a material mistake or that inaccurate statements were made in
					 establishing the emissions standards or other terms or conditions of the
					 permit.
3. The department
					 determines that the permit must be amended to assure compliance with the
					 applicable regulatory requirements or that the terms and conditions of the
					 permit are not sufficient to meet all of the requirements contained in this
					 article.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 10 - Permit Application Fees for Stationary Sources › Section 9VAC5-80-2250 - 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 permit applications as follows:
1. Permit
					 applications subject to review under the provisions of Article 1 (9VAC5-80-50 et seq.) or Article 3
					 (9VAC5-80-360 et seq.) of this
					 part.
2. Permit applications
					 subject to review under the provisions of Article 5 (9VAC5-80-800 et seq.) of this
					 part.
3. Permit applications
					 subject to review under the provisions of Article 6 (9VAC5-80-1100 et seq.) of this
					 part.
4. Permit applications
					 subject to review under the provisions of Article 7 (9VAC5-80-1400 et seq.) of this
					 part.
5. Permit applications
					 subject to review under the provisions of Article 8 (9VAC5-80-1605 et seq.) or Article 9
					 (9VAC5-80-2000 et seq.) of this
					 part.
6. Permit applications
					 subject to review under the provisions of 9VAC5-85 (Permits for Stationary
					 Sources of Pollutants Subject to Regulation).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 10 - Permit Application Fees for Stationary Sources › Section 9VAC5-80-2270 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
					 submitting a permit application subject to this article shall pay a permit
					 application fee in the amount determined in accordance with
					 9VAC5-80-2280 or 9VAC5-80-2282, as
					 appropriate.
B. Permit application
					 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
					 or subject to Part II (9VAC5-85-20 et seq.)
					 of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to
					 Regulation) 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.
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 10 - Permit Application Fees for Stationary Sources › Section 9VAC5-80-2280 - Permit application fee calculation prior to January 1, 2018

Current through Register Vol. 40, No. 24, July 15, 2024
Each permit application subject to this article that is
						received by the appropriate regional office prior to January 1, 2018, shall be
						subject to a permit application fee. The amount of the application fee shall be
						calculated as follows:
1. The amount of
					 the permit application fee shall be the largest applicable base permit
					 application fee amount from Table 8-10A, adjusted annually by the change in the
					 Consumer Price Index (CPI) as specified in subdivision 2 of this subsection.
TABLE 8-10A
BASE PERMIT APPLICATION FEES FOR STATIONARY
						SOURCES
Application for:
Base Permit Application Fee Amount
Sources subject to Title V permitting
								  requirements:
Major NSR permit
$30,000
Major NSR permit amendment (except
								  administrative)
$7,000
State major permit
$15,000
Minor NSR permit (that is not also a state major
								  permit)
$1,500
Minor NSR permit amendment (except
								  administrative)
$750
Title V permit
$20,000
Title V permit renewal
$10,000
Title V permit modification (except
								  administrative)
$3,500
State operating permit
$7,000
State operating permit amendment (except
								  administrative)
$3,500
Title V General Permit
$500
Sources subject to the requirements of a
								  synthetic minor permit:
Minor NSR permit
$500
Minor NSR permit amendment (except
								  administrative)
$250
State operating permit
$1,500
State operating permit amendment (except
								  administrative)
$800
2. The annual adjustment of the permit
					 application fees shall be based upon the annually adjusted permit application
					 fee amounts 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 application is first received by the appropriate regional
					 office of the department.
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. There is no CPI adjustment for
					 applications received prior to January 1, 2013.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 10 - Permit Application Fees for Stationary Sources › Section 9VAC5-80-2282 - Permit application fee calculation on and after January 1, 2018

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each permit
					 application subject to this article that is received by the appropriate
					 regional office on or after January 1, 2018, shall be subject to a permit
					 application fee. The amount of the application fee shall be calculated as
					 follows:
1. The amount of the permit
					 application fee shall be the largest applicable base permit application fee
					 amount from Table 8-10B, adjusted annually on January 1 of each calendar year
					 after 2018 as specified in subdivisions 2 and 3 of this subsection.
TABLE 8-10B
BASE PERMIT APPLICATION FEES FOR STATIONARY
						SOURCES
Application for:
Base Permit Application Fee Amount
Sources subject to Title V permitting
								  requirements:
Major NSR permit
$63,000
Major NSR permit amendment (except
								  administrative)
$10,000
State major permit
$25,000
Minor NSR permit (that is not also a state major
								  permit)
$5,000
Minor NSR permit amendment (except
								  administrative)
$2,500
Title V permit
$35,000
Title V permit renewal
$15,000
Title V permit modification (except
								  administrative)
$4,000
State operating permit
$10,000
State operating permit amendment (except
								  administrative)
$4,000
Title V General Permit
$531
Sources subject to the requirements of a
								  synthetic minor permit:
Minor NSR permit
$3,000
Minor NSR permit amendment (except
								  administrative)
$1,000
State operating permit
$5,000
State operating permit amendment (except
								  administrative)
$2,500
2. Except as provided in subdivision 3 of
					 this subsection, the annual adjustment of the permit application fees shall be
					 based upon the permit application fee amounts 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 application is received
					 by the appropriate regional office of the department.
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. There is no CPI adjustment of fees for
					 applications received during calendar year 2019.
3. Instead of a CPI adjustment, each permit
					 application fee amount for applications received in calendar year 2019 shall be
					 increased to 10% more than the base permit application fee amount provided in
					 Table 8-10B.
4. The amount of the
					 permit application fee that is calculated as provided in subdivisions 1, 2, and
					 3 of this subsection 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 10 - Permit Application Fees for Stationary Sources › Section 9VAC5-80-2290 - Permit application fee payment

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 permit application fee required by this article is due on the date that the
					 permit application is received by the appropriate regional office of the
					 department. The permit application fee is nonrefundable. Incomplete payment
					 shall be deemed as nonpayment.
B.
					 The permit application shall not be considered complete until a permit
					 application fee for the proper amount is received. Review of the application
					 will not proceed past an initial applicability determination until a permit
					 application fee for the proper amount is received.
C. The permit application fee shall be paid
					 by check, draft, or postal money order made payable to the Treasurer of
					 Virginia and mailed or sent electronically to the address specified by the
					 department.
D. The permit
					 application should be mailed or submitted electronically to the appropriate
					 regional office of the department.
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 11 - Annual Permit Maintenance Fees for Stationary Sources › Section 9VAC5-80-2310 - 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 stationary source that has begun normal operation and:
1. The stationary source is subject to the
					 provisions of a permit issued pursuant to Article 1 (9VAC5-80-50 et seq.) or Article 3
					 (9VAC5-80-360 et seq.) of this part
					 or pursuant to Part II (9VAC5-85-20 et seq.)
					 of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to
					 Regulation);
2. The stationary
					 source is subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 3
					 (9VAC5-80-360 et seq.) of this part
					 or Part II (9VAC5-85-20 et seq.) of 9VAC5-85
					 (Permits for Stationary Sources of Pollutants Subject to Regulation), and is
					 operating under an application shield under the provisions of
					 9VAC5-80-80 F or
					 9VAC5-80-430 F; or
3. The stationary source is subject to the
					 permit requirements of Article 1 (9VAC5-80-50 et seq.)
					 or Article 3 (9VAC5-80-360 et seq.) of this part
					 or Part II (9VAC5-85-20 et seq.) of 9VAC5-85
					 (Permits for Stationary Sources of Pollutants Subject to Regulation) in the
					 absence of a permit issued under Article 5 (9VAC5-80-800 et seq.) or Article 6
					 (9VAC5-80-1100 et seq.) of this part
					 or Part IV (9VAC5-85-60 et seq.) of 9VAC5-85
					 (Permits for Stationary Sources of Pollutants Subject to Regulation).
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 9VAC5-80-2330 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of any
					 stationary source subject to this article shall pay an annual permit
					 maintenance fee in the amount determined in accordance with
					 9VAC5-80-2340 or 9VAC5-80-2342, as
					 appropriate.
B. Annual permit
					 maintenance 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
					 or subject to Part II (9VAC5-85-20 et seq.)
					 of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to
					 Regulation) 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.
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.