reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-100 - Applicability of future regulation amendments

Current through Register Vol. 40, No. 24, July 15, 2024
Subsequent amendments to the SAPCB regulations cited in
				  9VAC5-230-50 to which this chapter
				  provides relief shall not apply to the Franklin Paper Mill unless and until the
				  board amends this chapter to specifically address the applicability of the
				  regulatory amendments to the facility. In any action to amend this chapter, the
				  board will, to the maximum extent possible and consistent with its statutory
				  authority and responsibilities, preserve the operating flexibility and
				  regulatory simplification achieved by the International Paper Environmental
				  Innovations Project and justified by the superior environmental performance it
				  provides.
Statutory Authority
§ 10.1-1307 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-110 - Termination of authority to operate under this chapter and FESOP

Current through Register Vol. 40, No. 24, July 15, 2024
A. Authority to
				operate under this chapter and the FESOP may be terminated as provided below
				upon written notice for any of the following reasons:
1. If the department determines that
				continuation of the permit is an imminent and substantial endangerment to the
				pubic health or welfare or the environment.
2. If International Paper knowingly falsifies
				emissions data.
3. If any of the
				emissions caps are exceeded.
4. For
				any other reasons not specified here for which the department has legal
				authority to terminate the authority to operate under this chapter and the
				FESOP.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-120 - Review and confirmation of this chapter by board

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within four years of September 7, 2005,
				the department shall perform an analysis of this chapter and provide the board
				with a report on the results. The analysis shall include any recommendations
				for amendment to or repeal of this chapter based on (i) the needs of the
				Commonwealth's overall air quality management strategy; (ii) current state and
				federal statutory and regulatory requirements; (iii) an assessment of the
				effectiveness of this chapter; (iv) a reevaluation of the appropriateness of
				the emissions caps, including the need for increasing or decreasing the
				emission caps; and (v) any other factors the department may determine are
				necessary to include for consideration in review of this chapter. The
				department shall also include a recommendation for reapportionment of emissions
				in the event of the repeal of this chapter.
B. Upon review of the department's analysis,
				the board will confirm the need to (i) continue this chapter without amendment,
				(ii) repeal this chapter, or (iii) amend this chapter. If the board's decision
				is to repeal or amend this chapter, the board will authorize the department to
				initiate the applicable regulatory process to carry out the decision of the
				board.
C. The authority of
				International Paper to operate under the provisions of this chapter and the
				FESOP shall be terminated upon the effective date of the repeal of this
				chapter.
D. For purposes of
				applying subsequent amendments to, or the repeal of, the provisions of this
				chapter, the effective date of any subsequent amendments adopted by the board
				shall be the date 30 days after the date on which a notice is published in the
				Virginia Register acknowledging that the administrator has approved the
				amendments adopted by the board following the requirements of 40 CFR Part 51
				(Requirements for Preparation, Adoption, and Submittal of Implementation
				Plans).
Statutory Authority
§ 10.1-1307 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part I - Definitions › Section 9VAC5-510-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				  of this chapter or any orders issued by the board, the words or terms shall
				  have the meanings given them in
				  9VAC5-510-20.
B. Unless specifically defined in the
				  Virginia Air Pollution Control Law or in this chapter, terms used shall have
				  the meaning given them by
				  9VAC5-10-20 (general definitions,
				  Regulations for the Control and Abatement of Air Pollution),
				  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 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part II - General Provisions › Section 9VAC5-510-30 - Purpose and basis

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  purpose of the general permit is to require the owners of existing and new
				  emissions units in the nonmetallic mineral processing industry to construct,
				  modify, relocate and operate within the terms and conditions of a general
				  permit that forms the legally enforceable basis for all regulatory and
				  statutory requirements.
B. This
				  general permit is being issued under the authority of
				  9VAC5-80-1030 and
				  9VAC5-80-1250.
C. This chapter does not require any owner to
				  apply for coverage under the general permit but provides the opportunity for an
				  owner to apply for coverage if the nonmetallic mineral processing facility
				  meets the applicability criteria in
				  9VAC5-510-40 and all other
				  requirements of this chapter.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part II - General Provisions › Section 9VAC5-510-40 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  applies to any nonmetallic mineral processing facility.
B. This chapter applies throughout the
				  Commonwealth of Virginia.
C.
				  Nothing in this section shall prevent any owner of a stationary source from
				  obtaining authorization to operate the nonmetallic mineral processing
				  facilities under the general permit while operating the remainder of the source
				  under any permit issued pursuant to 9VAC5 Chapter 80 (9VAC5-80).
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part II - General Provisions › Section 9VAC5-510-50 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				  shall operate the stationary source in conformance with all applicable
				  regulations of the board.
B.
				  Nonmetallic mineral processing facilities desiring authority to operate under
				  the general permit shall register with the department as required under
				  9VAC5-20-160. For emissions units
				  or groups of emissions units covered, the completion or updating of the
				  spreadsheet shall be considered registration.
C. No provision of this chapter shall limit
				  the power of the board to issue an operating permit pursuant to 9VAC5 Chapter
				  80 (9VAC5-80).
D. This chapter
				  shall not relieve any stationary source from complying with the requirements of
				  (i) any otherwise applicable permit issued under 9VAC5 Chapter 80 (9VAC5-80),
				  (ii) any condition or term of any permit issued under 9VAC5 Chapter 80
				  (9VAC5-80), or (iii) any provision of a permit program. This chapter shall not
				  preclude issuance of any permit with conditions or terms necessary to ensure
				  compliance with this chapter.
E.
				  For any nonmetallic mineral processing facility to be covered by the general
				  permit, all equipment and emissions units at a stationary source that make up
				  the nonmetallic mineral processing facility shall be covered by the general
				  permit.
F. By the adoption of this
				  chapter, the board confers upon the department the administrative, enforcement
				  and decision making authority enumerated herein.
G. The promulgating of amendments to this
				  regulation shall invalidate any authorization to operate under the general
				  permit one year after the effective date of the amendments. Owners may reapply
				  for authorization to operate under the amended general permit and the
				  department may grant the authorization to operate as provided in
				  9VAC5-510-150.
H. Any decisions of the board or department
				  made pursuant to this chapter may be appealed pursuant to
				  9VAC5-170-200, § 10.1-1318 of
				  the Virginia Air Pollution Control Law, and the Administrative Process
				  Act.
I. This general permit may not
				  be used to meet the requirements of
				  9VAC5-80-120.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part II - General Provisions › Section 9VAC5-510-60 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a permit under this chapter shall not
					 constitute a defense of a violation of the Virginia Air Pollution Control Law
					 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 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part II - General Provisions › Section 9VAC5-510-70 - Circumvention

Current through Register Vol. 40, No. 24, July 15, 2024
A. No owner or
				  other person shall cause or permit the installation or use of any device or any
				  means which, without resulting in reduction in the total amount of air
				  pollutants emitted, conceals or dilutes an emission of air pollutants which
				  would otherwise violate this chapter. Such concealment includes, but is not
				  limited to, either of the following:
1. The
				  use of gaseous diluents to achieve compliance with a visible emissions standard
				  or with a standard which is based on the concentration of a pollutant in gases
				  discharged to the atmosphere.
2.
				  The piecemeal carrying out of an operation to avoid coverage by a standard that
				  applies only to operations larger than a specified size.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-80 - Enforcement of a general permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following general requirements apply:
1. Pursuant to § 10.1-1322 of the Code
				  of Virginia, failure to comply with any term or condition of the general permit
				  shall be considered a violation of the Virginia Air Pollution Control
				  Law.
2. Authorization to operate
				  under the general permit may be revoked if the owner does any of the following:
a. Knowingly makes material misstatements in
				  the application for coverage or any amendments thereto.
b. Violates, fails, neglects or refuses to
				  comply with (i) the terms or conditions of the permit, (ii) any applicable
				  requirements, or (iii) the applicable provisions of this chapter.
3. The department may suspend,
				  under such conditions and for such period of time as the department may
				  prescribe, any authorization to operate under the general permit for any of the
				  grounds for revocation contained in subdivision 2 of this subsection or for any
				  other violations of the regulations of the board.
4. Upon revocation of the authorization to
				  operate under the general permit, the owner may request reauthorization to
				  operate under the general permit and the department may grant the request at
				  its discretion upon resolution of the issues that led to revocation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-90 - Requirements for granting an authorization to operate under the general permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may grant an authorization to operate under the general permit for a
				  source that meets the applicability criteria in
				  9VAC5-510-40. The authorization to
				  operate may include an authorization to construct, modify and relocate the
				  source operating under the general permit.
B. After the initial authorization to
				  construct, modify, relocate and operate under the general permit has been
				  granted for a nonmetallic mineral processing facility, new and modified
				  emissions units at the facility may operate under the general permit in
				  accordance with the terms and conditions of the general permit.
C. Stationary sources or emissions units
				  subject to the general permit shall comply with all requirements applicable to
				  other permits issued under 9VAC5 Chapter 80 (9VAC5-80).
D. The general permit is issued in accordance
				  with § 2.2-4006A 9 of the Administrative Process Act.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-100 - Applications for coverage under the general permit and notices of termination

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Nonmetallic mineral processing facilities that qualify for the general permit
				  may apply to the department for coverage under the terms and conditions of the
				  general permit.
B. A single
				  application is required identifying each emissions unit or groups of emissions
				  units to be covered by the general permit. The application shall be submitted
				  according to the requirements of this section,
				  9VAC5-510-110 and procedures
				  approved by the department. Where several emissions units are included in one
				  stationary source, a single application covering all units in the source shall
				  be submitted. A separate application is required for each stationary source
				  subject to this chapter.
C. The
				  application shall meet the requirements of this chapter and include all
				  information necessary to determine qualification for and to assure compliance
				  with the general permit.
D.
				  Coverage under the general permit may be terminated by the permittee by filing
				  a completed notice of termination as specified in
				  9VAC5-510-130 B. The notice of
				  termination shall be filed in situations (i) where all emissions associated
				  with the facility authorized by the general permit are eliminated, (ii) when
				  the facility authorized by the general permit has been determined to be
				  shutdown in accordance with
				  9VAC5-20-220, or (iii) where the
				  facility is covered by a permit issued under the provisions of 9VAC5 Chapter 80
				  (9VAC5-80).
E. Any application
				  form, report, compliance certification, or other document required to be
				  submitted to the department under this chapter shall meet the requirements of
				  9VAC5-20-230.
F. Any applicant who fails to submit any
				  relevant facts or who has submitted incorrect information in an application
				  shall, upon becoming aware of such failure or incorrect submittal, promptly
				  submit such supplementary facts or corrected information.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-110 - Required information for initial applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department will furnish application
				  forms to applicants. The information required by this section shall be
				  determined and submitted according to procedures and methods acceptable to the
				  department.
B. Each initial
				  application for coverage under the general permit shall include, but not be
				  limited to, the following:
1. Information
				  specified in
				  9VAC5-510-130 A.
2. Additional information that the department
				  deems necessary to implement and enforce other requirements of the regulations
				  of the board or to determine the applicability of such requirements.
3. Any additional information or
				  documentation that the department deems necessary to review and analyze the air
				  pollution aspects of the source.
4.
				  A certification of compliance with all applicable requirements by a responsible
				  official.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-120 - Required information for modifications and relocations

Current through Register Vol. 40, No. 24, July 15, 2024
The following information is required prior to
					 modification of a facility or relocation of an emission unit:
1. The permittee shall provide written
				  notification to the regional director, including a revised spreadsheet and a
				  plant layout or flow diagram each time equipment is installed at a facility.
				  The notification shall be submitted at least 15 days before the equipment is
				  installed at the facility unless otherwise approved by the regional
				  director.
2. The permittee shall
				  provide written notification to the regional director, including a revised
				  spreadsheet and a plant layout or flow diagram, each time an emissions unit is
				  relocated. This notification shall be submitted within 15 days of the date the
				  emissions unit leaves the facility, unless otherwise approved by the regional
				  director.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-140 - General permit content

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The general permit issued under this chapter will include the elements provided
				  in this section.
B. The general
				  permit will contain terms and conditions setting forth the applicable emission
				  standards and requirements sufficient to assure compliance with the regulations
				  of the board.
C. The general permit
				  will contain terms and conditions setting forth the following requirements with
				  respect to emission testing sufficient to assure compliance with the emission
				  standards and requirements of the permit:
1.
				  Requirements providing that owners of nonmetallic mineral processing facilities
				  subject to the general permit may conduct emission tests, establish and
				  maintain records, and make periodic emission reports as necessary to determine
				  the actual emissions for the facility.
2. For cases where the owner elects to use
				  the emission testing to determine the actual emissions for the facility, the
				  permit will prescribe the procedures for the conduct of the emission
				  tests.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part III - General Permit Administrative Procedures › Section 9VAC5-510-150 - Granting an authorization to operate under the general permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  will grant authorization to operate under the conditions and terms of the
				  general permit to sources that meet the applicability criteria set forth in
				  9VAC5-510-40.
B. Granting an authorization to operate under
				  the general permit to a nonmetallic mineral processing facility covered by the
				  general permit is not subject to the public participation procedures under
				  § 2.2-4006A 9 of the Administrative Process Act.
C. A response to each application for
				  coverage under the general permit will be provided within 30 days.
D. Nonmetallic mineral processing facilities
				  covered under a general permit will be issued a letter, a certificate, or any
				  other document which would attest that the facility is authorized to operate
				  under the general permit. The document will be accompanied by a copy of the
				  general permit and the application submitted by the permittee.
E. The letter, certificate or other document,
				  along with the copy of the general permit, application and 40 CFR Part 60,
				  subpart OOO, shall be retained by the department and at the stationary
				  source.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-160 - Transfer of authorizations to operate under the general permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall
				  transfer an authorization to operate under the general permit from one
				  stationary source 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 comply with
				  any permit issued or authorization to operate under the general permit granted
				  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 comply with any permit issued or
				  authorization to operate under the general permit granted 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 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-170 - General permit

Current through Register Vol. 40, No. 24, July 15, 2024
Any owner whose application is accepted by the director
					 will receive the following permit and shall comply with the requirements in it
					 and be subject to all requirements of this chapter and the regulations of the
					 board.
General Permit No.: Air510
Effective date: December 1, 2002
GENERAL PERMIT FOR NONMETALLIC MINERAL PROCESSING
In compliance with the provisions of the Air Pollution
					 Control Law and regulations adopted pursuant to it, owners of nonmetallic
					 mineral processing facilities are authorized to operate under the authority of
					 this permit, except those where board regulations or policies prohibit such
					 operation.
This general permit covers all owners of activities
					 located at nonmetallic mineral processing facilities where the primary purpose
					 is classified as Standard Industrial Classifications 1411, 1422, 1423, 1429,
					 1442, 1446, 1455, 1459, and 1499.
The authorization to operate under this permit shall be in
					 accordance with this cover page,
					 9VAC5-510-180 -General Terms and
					 Conditions,
					 9VAC5-510-190 -Emission Standards,
					 9VAC5-510-200 -Compliance
					 Determination and Verification by Emission Testing,
					 9VAC5-510-210 -Compliance
					 Determination and Verification by Emission Monitoring,
					 9VAC5-510-220 -Recordkeeping
					 Requirements,
					 9VAC5-510-230 -Reporting
					 Requirements,
					 9VAC5-510-240 -Compliance
					 Certifications, and
					 9VAC5-510-250 -Enforcement, as
					 specified in
					 9VAC5-510-180 through
					 9VAC5-510-250.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-180 - General terms and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee may construct and operate a
				  nonmetallic mineral processing facility in accordance with conditions of this
				  permit located within the boundaries of the Commonwealth of Virginia, except
				  those where board regulations or policies prohibit such activities.
B. Sources operating under this permit shall
				  operate in compliance with the standards set in 9VAC5 Chapters 40 (9VAC5-40),
				  50 (9VAC5-50) and 60 (9VAC5-60) and other applicable provisions of the
				  regulations of the board.
C.
				  Sources operating under this permit shall meet the emission standards in
				  9VAC5-510-190 in order to continue
				  to operate under the authority of this permit.
D. The permittee shall comply with the terms
				  and conditions of the general permit prior to commencing any physical or
				  operational change or activity which will result in making the facility subject
				  to the new source review program.
E. If the permittee makes any change in the
				  design or operation of the facility which will result in making the facility
				  subject to the new source review program, he shall evidence the change in
				  writing to the department within 30 days of implementation of the
				  change.
F. The permittee shall not
				  make any changes in design or operation of the affected facility which will
				  result in actual emissions that exceed the emission standards specified in
				  9VAC5-510-190.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-190 - Emissions standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  permittee shall not cause or allow to be discharged into the atmosphere from
				  any covered emissions units any visible emissions in excess of the limits
				  specified in subdivisions 1, 2 and 3 of this subsection.
1. Equipment manufactured or fabricated on or
				  prior to August 31, 1983, shall not exceed an opacity of 20% when averaged over
				  a six-minute period.
2. Equipment
				  manufactured or fabricated after August 31, 1983, shall comply with 40 CFR Part
				  60, Subpart 000, 9VAC5 - 50 - 260 and the following standards:
a. Crushing: primary and secondary-15%
				  opacity, tertiary-7% opacity.
b.
				  Screening, conveyor transfers, and surge bins-10% opacity.
c. Fabric filter exhausts-7%
				  opacity.
d. Wash plants-no visible
				  emissions from wet screening and subsequent processing up to next crusher or
				  storage bin.
3. Other
				  nonspecific emission points including loadout and stationary diesel engines are
				  limited to 10% opacity.
4. The
				  opacity standards prescribed under this subsection shall apply at all times
				  except during periods of startup, shutdown, malfunction, and as otherwise
				  provided in the applicable standard. This subdivision shall apply only to (i)
				  emission units, the construction, modification or relocation of which commenced
				  on or after March 17, 1972; and (ii) emission units, the reconstruction of
				  which commenced on or after December 10, 1976.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-200 - Compliance determination and verification by emission testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				  may conduct emission tests, establish and maintain records, and make periodic
				  emission reports as necessary to determine the actual emissions for the
				  nonmetallic mineral processing facility.
B. Upon request of the department, the
				  permittee shall conduct emission tests as are necessary to determine the type
				  or amount or both of the pollutants emitted from the facility or whether the
				  facility will be in compliance with
				  9VAC5-510-190 or any other
				  provisions of any regulation of the board.
C. The emission testing conducted under this
				  section shall be carried out in accordance with subdivisions 1 and 2 of this
				  subsection or the provisions of 9VAC5 Chapters 40 9VAC5-40), 50 9VAC5-50) and
				  60 9VAC5-60), as applicable, or by other means acceptable to the department.
1. Visible emissions evaluations shall be
				  conducted in accordance with 40 CFR Part 60, Subpart A, Method 9 or Method 22,
				  as applicable.
2. Grain loading
				  evaluations shall be conducted in accordance with 40 CFR Part 60, Subpart A,
				  Method 5 or Method 17, as applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-210 - Compliance determination and verification by emission monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				  may install, calibrate, operate and maintain equipment for continuously
				  monitoring and recording emissions or process parameters or both, and establish
				  and maintain records, and make periodic emission reports as necessary to
				  determine the actual emissions for the nonmetallic mineral processing
				  facility.
B. Upon request of the
				  department, the permittee shall install, calibrate, maintain and operate
				  equipment for continuously monitoring and recording emissions or process
				  parameters or both as are necessary to determine the type or amount or both of
				  the pollutants emitted from the facility or whether the facility will be in
				  compliance with
				  9VAC5-510-190 or any other
				  provisions of any regulation of the board.
C. The emission monitoring conducted under
				  this section shall be carried out in accordance with the provisions of 9VAC5
				  Chapters 40 (9VAC5-40), 50 (9VAC5-50) or 60 (9VAC5-60), as applicable, and
				  40 CFR
				  60.674 or by other means acceptable to the
				  department.
D. Where the applicable
				  requirement cited in subsection C of this section does not require periodic
				  testing or instrumental or noninstrumental monitoring (which may consist of
				  recordkeeping designed to serve as monitoring), periodic monitoring shall be
				  conducted sufficient to yield reliable data from the relevant time period that
				  are representative of the source's compliance with the general permit, as
				  reported pursuant to
				  9VAC5-510-220 C 1. Such monitoring
				  requirements shall assure use of terms, test methods, units, averaging periods,
				  and other statistical conventions consistent with the applicable requirement.
				  Recordkeeping provisions may be sufficient to meet the requirements of this
				  subsection.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-220 - Recordkeeping requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  permittee shall comply with the recordkeeping requirements in this section. The
				  recordkeeping requirements of this permit shall not replace any recordkeeping
				  requirement contained in other state or federal rules or regulations.
B. The permittee shall maintain records for
				  each emission unit or groups of emission units sufficient to determine the
				  actual emissions of the nonmetallic mineral processing facility. The permittee
				  shall maintain records of emission data and operating parameters necessary to
				  demonstrate compliance with this permit. These records shall be available for
				  inspection by the department and shall be current for the most recent three
				  years.
C. To meet the requirements
				  of 9VAC5-510-210 with respect to
				  recordkeeping, the permittee shall comply with the following:
1. Records of monitoring information shall
				  include the following:
a. The date, place as
				  defined in the authorization to operate under the general permit, and time of
				  sampling or measurements.
b. The
				  date or dates analyses were performed.
c. The company or entity that performed the
				  analyses.
d. The analytical
				  techniques or methods used.
e. The
				  results of such analyses.
f. The
				  operating conditions existing at the time of sampling or measurement.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-230 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  permittee shall comply with the reporting requirements in this section. Any
				  document (including reports) required by a permit term or condition to be
				  submitted to the department shall contain a certification by a responsible
				  official that meets the requirements of
				  9VAC5-510-100 E.
B. The permittee shall submit, according to
				  procedures established by the department, an annual emissions update. Any
				  additional information requested by the department under this subsection shall
				  be submitted to the department within 30 days of the date of request.
C. To meet the requirements of
				  9VAC5-510-210 with respect to
				  reporting, the permittee shall submit reports of any required monitoring at
				  least every six months. All instances of deviations from permit requirements
				  shall be clearly identified in such reports.
D. The permittee shall furnish written
				  notification to the department and the regional office of the U.S.
				  Environmental Protection Agency of the following:
1. The actual date on which construction or
				  installation or modification or reconstruction or relocation of any emission
				  unit commenced, postmarked or submitted electronically within 30 days after
				  that date.
2. The actual startup
				  date of the emission unit within 15 days after that date.
3. The anticipated date of visible emissions
				  evaluations for affected facilities subject to 40 CFR Part 60, Subpart OOO,
				  postmarked or submitted electronically at least 30 days prior to that
				  date.
4. The anticipated date of
				  stack emissions tests of the affected facilities subject to 40 CFR Part 60,
				  Subpart OOO, postmarked or submitted electronically at least 30 days prior to
				  that date.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-240 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  will evaluate a nonmetallic mineral processing facility's compliance with the
				  emission standards in
				  9VAC5-510-190 as part of the
				  department's annual compliance process. In performing the evaluation, the
				  department will consider any annual emission update submitted pursuant to
				  9VAC5-510-230.
B. Upon presentation of credentials and other
				  documents as may be required by law, the permittee shall allow the department
				  to perform the following:
1. Enter upon the
				  premises where the source is located or emissions-related activity is
				  conducted, or where records must be kept under the terms and conditions of the
				  permit.
2. Have access to and copy,
				  at reasonable times, any records that must be kept under the terms and
				  conditions of the permit.
3.
				  Inspect at reasonable times any facilities, equipment (including monitoring and
				  air pollution control equipment), practices, or operations regulated or
				  required under the permit.
4.
				  Sample or monitor at reasonable times substances or parameters for the purpose
				  of assuring compliance with the permit or applicable requirements.
Department representatives will report to the site office
					 and notify a company official or representative of their presence immediately
					 upon entering any operation, as required by Mine Safety and Health Agency
					 standards. For purposes of this condition, the time for inspection shall be
					 deemed reasonable during regular business hours or whenever the facility is in
					 operation. Nothing contained herein shall make an inspection time unreasonable
					 during an emergency.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT › Part IV - General Permit Terms And Conditions › Section 9VAC5-510-250 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Violation of
				  this permit is subject to the enforcement provisions including, but not limited
				  to, those contained in 9VAC5 Chapter 170 (9VAC5-170) and §§
				  10.1-1309, 10.1-1309.1, 10.1-1311 and 10.1-1316 of the Virginia Air Pollution
				  Control Law.
B. If any condition,
				  requirement or portion of the permit is held invalid or inapplicable under any
				  circumstance, such invalidity or inapplicability shall not affect or impair the
				  remaining conditions, requirements, or portions of the permit.
C. The permittee shall comply with all
				  conditions of the permit. Any permit noncompliance constitutes a violation of
				  the Virginia Air Pollution Control Law and is grounds (i) for enforcement
				  action or (ii) for suspension or revocation of the authorization to operate
				  under the general permit.
D. It
				  shall not be a defense for a permittee in an enforcement action that it would
				  have been necessary to halt or reduce the permitted activity in order to
				  maintain compliance with the conditions of this permit.
E. The authorization to operate under the
				  general permit may be suspended or revoked for cause as specified in
				  9VAC5-510-80. The filing by a
				  permittee of a (i) request for reauthorization to operate under a general
				  permit, or (ii) notification of termination, planned changes or anticipated
				  noncompliance does not stay any permit condition.
F. The owner of the nonmetallic mineral
				  processing facility shall be subject to enforcement action under
				  9VAC5-510-80 for operation without
				  a permit if the facility is later determined by the department not to qualify
				  for the conditions and terms of the general permit.
G. The general permit does not convey any
				  property rights of any sort, or any exclusive privilege.
H. The permittee shall furnish to the
				  department, within a reasonable time, any information that the department may
				  request in writing to determine whether cause exists for suspending or revoking
				  the authorization to operate under the general permit or to determine
				  compliance with the permit. Upon request, the permittee shall also furnish to
				  the department copies of records required to be kept by the permit and, for
				  information claimed to be confidential, the permittee shall furnish such
				  records to the department along with a claim of confidentiality meeting the
				  requirements of
				  9VAC5-170-60.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part I - Definitions › Section 9VAC5-520-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				  of this chapter or any orders issued by the board, the words or terms shall
				  have the meanings given them in
				  9VAC5-510-20.
B. Unless specifically defined in the
				  Virginia Air Pollution Control Law or in this chapter, terms used shall have
				  the meanings given them by
				  9VAC5-80-1110 (Permits for New and
				  Modified Stationary Sources),
				  9VAC5-10-20 (Regulations for the
				  Control and Abatement of Air Pollution), or
				  9VAC5-170-20 (Regulation for
				  General Administration); or commonly ascribed to them by recognized
				  authorities, in that order of priority.
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part II - General Provisions › Section 9VAC5-520-30 - Basis

Current through Register Vol. 40, No. 24, July 15, 2024
This general permit is being issued under the authority of
					 § 10.1-1308.1 of the Code of Virginia and
					 9VAC5-80-1250.
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part II - General Provisions › Section 9VAC5-520-40 - Applicability and designation of affected emissions unit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The affected emissions unit to which the
				  provisions of this chapter apply is each qualified energy generator that is a
				  biomass pilot test facility for which testing is commenced on or after May 25,
				  2011.
B. This chapter applies
				  throughout the Commonwealth of Virginia.
C. Any qualified energy generator, the
				  construction or operation of which is subject to the major new source review
				  program, shall not be eligible for the general permit.
D. Any qualified energy generator subject to
				  § 129 of the federal Clean Air Act shall not be eligible for the general
				  permit.
E. Any qualified energy
				  generator that has initially applied for and received the authority to
				  construct and operate under the general permit may apply for the authority to
				  construct and operate under the general permit again for a different biomass
				  fuel if the initial biomass fuel was found to be exempt. Once a qualified
				  energy generator is issued a new source review permit for a specified biomass
				  fuel as required under
				  9VAC5-520-180 J 3, the qualified
				  energy generator will be subject to the provisions of 9VAC5-80 (Permits for
				  Stationary Sources).
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part II - General Provisions › Section 9VAC5-520-60 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a permit under this chapter shall not
					 constitute a defense of a violation of the Virginia Air Pollution Control Law
					 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
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part II - General Provisions › Section 9VAC5-520-70 - Circumvention

Current through Register Vol. 40, No. 24, July 15, 2024
A. No owner shall
				  cause or permit the installation or use of any device or any means that,
				  without resulting in reduction in the total amount of air pollutants emitted,
				  conceals or dilutes an emission of air pollutants that would otherwise violate
				  this chapter.
B. This section does
				  not prohibit the construction of a stack.
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part II - General Provisions › Section 9VAC5-520-80 - Enforcement of a general permit

Current through Register Vol. 40, No. 24, July 15, 2024
The following general requirements apply:
1. Pursuant to § 10.1-1322 of the Code
				  of Virginia, failure to comply with any term or condition of the general permit
				  shall be considered a violation of the Virginia Air Pollution Control
				  Law.
2. An owner who (i) violates
				  or fails, neglects, or refuses to obey any provision of this chapter or the
				  Virginia Air Pollution Control Law, any applicable requirement, or any permit
				  term or condition; (ii) knowingly makes any false statement, representation, or
				  certification in any form, notice, or report required by a permit; or (iii)
				  knowingly renders inaccurate any required monitoring device or method shall be
				  subject to the provisions of §§ 10.1-1307, 10.1-1309, 10.1-1316,
				  10.1-1318, and 10.1-1320 of the Virginia Air Pollution Control Law.
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part III - General Permit Administrative Procedures › Section 9VAC5-520-90 - Requirements for granting an authorization to construct and test under the general permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may grant an authorization to construct and test under the general
				  permit for a biomass pilot test facility that meets the applicability criteria
				  in 9VAC5-520-40 and the testing
				  schedule in
				  9VAC5-520-180.
B. The general permit will be issued in
				  accordance with § 2.2-4006A 8 of the Administrative Process Act.
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
						of the federal Clean Air Act; 40 CFR Part
						51.