Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 85 - PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION › Part III - Prevention of Significant Deterioration Permit Actions › Section 9VAC5-85-50 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				  the purpose of applying this part in the context of the Regulations for the
				  Control and Abatement of Air Pollution and related uses, the words or terms
				  shall have the meanings given them in
				  9VAC5-80-1615(Definitions),
				  except for the terms defined in subsection C of this section.
B. Unless otherwise required by context, all
				  terms not defined herein shall have the meanings given them in 9VAC5-10
				  (General Definitions) or
				  9VAC5-80-5(Definitions),
				  or commonly ascribed to them by recognized authorities, in that order of
				  priority.
C. Terms defined.
"Actuals PAL" means (i) for major stationary sources, a PAL
					 based on the baseline actual emissions of all emissions units at the source
					 that emit or have the potential to emit the PAL pollutant or (ii) for GHG-only
					 sources, a PAL based on the baseline actual emissions of all emissions units at
					 the source, that emit or have the potential to emit GHGs.
"Allowable emissions" means the emissions rate of a
					 stationary source calculated using the maximum rated capacity of the source
					 (unless the source is subject to federally enforceable limits that restrict the
					 operating rate or hours of operation, or both) and the most stringent of the
					 following:
1. The allowable emissions
				  for any emissions unit as calculated considering any emission limitations that
				  are enforceable as a practical matter on the emissions unit's potential to
				  emit; or
2. An emissions unit's
				  potential to emit.
"Baseline actual emissions for a GHG PAL" means the average
					 rate, in tons per year CO2e or tons per year GHG, as
					 applicable, at which the emissions unit actually emitted GHGs during any
					 consecutive 24-month period selected by the owner within the 10-year period
					 immediately preceding either the date the owner begins actual construction of
					 the project or the date a complete permit application is received by the
					 department for a permit required under this part. For any existing electric
					 utility steam generating unit, baseline actual emissions for a GHG PAL means
					 the average rate, in tons per year CO2e or tons per year
					 GHG, as applicable, at which the emissions unit actually emitted the GHGs
					 during any consecutive 24-month period selected by the owner within the
					 five-year period immediately preceding the date the owner begins actual
					 construction of the project, except that the department will allow the use of a
					 different time period upon a determination that it is more representative of
					 normal source operation.
1. The
				  average rate shall include fugitive emissions to the extent quantifiable, and
				  emissions associated with startups, shutdowns, and malfunctions.
2. The average rate shall be adjusted
				  downward to exclude any noncompliant emissions that occurred while the source
				  was operating above an emission limitation that was legally enforceable during
				  the consecutive 24-month period.
3.
				  The average rate shall be adjusted downward to exclude any emissions that would
				  have exceeded an emission limitation with which the stationary source shall
				  currently comply, had such stationary source been required to comply with such
				  limitations during the consecutive 24-month period.
4. The average rate shall not be based on any
				  consecutive 24-month period for which there is inadequate information for
				  determining annual GHG emissions and for adjusting this amount if required by
				  subdivisions 2 and 3 of this definition.
"Emissions unit" means any part of a stationary source that
					 emits or has the potential to emit GHGs. For purposes of
					 9VAC5-85-55,
					 there are two types of emissions units:
(i) a new emissions unit is any emissions
				  unit that is or will be newly constructed and that has existed for less than
				  two years from the date such emissions unit first operated, and
(ii) an existing emissions unit is any
				  emissions unit that does not meet the definition of a new emissions unit. A
				  replacement unit is an existing emissions unit.
"GHG-only source" means any existing stationary source that
					 emits or has the potential to emit GHGs in the amount equal to or greater than
					 the amount of GHGs on a mass basis that would be sufficient for a new source to
					 trigger permitting requirements for GHGs under the definition of "major
					 stationary source" and the amount of GHGs on a CO2e
					 basis that would be sufficient for a new source to trigger permitting
					 requirements for GHGs under the definition of "subject to regulation" at the
					 time the PAL permit is being issued, but does not emit or have the potential to
					 emit any other non-GHG regulated NSR pollutant at or above the applicable major
					 source threshold. A GHG-only source may only obtain a PAL for GHG emissions
					 under
					 9VAC5-85-55.
"Greenhouse gases" or "GHGs" means the aggregate group of
					 six greenhouse gases: carbon dioxide, nitrous oxide, methane,
					 hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
"Major emissions unit" means (i) for any major stationary
					 source obtaining a GHG PAL issued on a mass basis, a major emissions unit as
					 defined in
					 9VAC5-80-1615 C or
					 (ii) for a GHG PAL issued on a CO2e basis, any emissions
					 unit that emits or has the potential to emit equal to or greater than the
					 amount of GHGs on a CO2e basis that would be sufficient
					 for a new source to trigger permitting requirements under the definition of
					 "subject to regulation" at the time the PAL permit is being issued.
"Major stationary source" means a major stationary source
					 that is defined in and subject to Article 8 (9VAC5-80-1605 et
					 seq.) of 9VAC5-80 (Permits for Stationary Sources) and that meets the
					 definition of "subject to regulation."
"Minor source" means any stationary source that does not
					 meet either (i) the definition of "major stationary source" for any pollutant
					 at the time the PAL is issued or (ii) the definition of "subject to
					 regulation."
"Plantwide applicability limitation" or "PAL" means an
					 emission limitation expressed on a mass basis in tons per year, or expressed in
					 tons per year CO2e for a
					 CO2e-based GHG emission limitation, for a pollutant at a
					 major stationary source or GHG-only source, that is enforceable as a practical
					 matter and established sourcewide in accordance with
					 9VAC5-85-55.
"PAL effective date" generally means the date of issuance
					 of the PAL permit. However, the PAL effective date for an increased PAL is the
					 date any emissions unit that is part of the PAL major modification becomes
					 operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with the
					 PAL effective date and ending 10 years later.
"PAL major modification" means, notwithstanding the
					 definitions for "major modification" and "net emissions increase" as defined in
					 9VAC5-80-1615 C and
					 the definition of "subject to regulation" of this section, any physical change
					 in or change in the method of operation of the PAL source that causes it to
					 emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the major NSR permit, the state
					 operating permit, or the federal operating permit that establishes a PAL for a
					 major stationary source or a GHG-only source.
"PAL pollutant" means the pollutant for which a PAL is
					 established at a major stationary source or a GHG-only source. For a GHG-only
					 source, the only available PAL pollutant is greenhouse gases.
"Potential to emit" means the maximum capacity of a
					 stationary source to emit a pollutant under its physical and operational
					 design. Any physical or operational limitation on the capacity of the source to
					 emit a pollutant, including air pollution control equipment and restrictions on
					 hours of operation or on the type or amount of material combusted, stored, or
					 processed, shall be treated as part of its design if the limitation or the
					 effect it would have on emissions is federally enforceable or enforceable as a
					 practical matter. Secondary emissions do not count in determining the potential
					 to emit of a stationary source. For the purposes of actuals PALs, any physical
					 or operational limitation on the capacity of the source to emit a pollutant,
					 including air pollution control equipment and restrictions on hours of
					 operation or on the type or amount of material combusted, stored, or processed,
					 shall be treated as part of its design only if the limitation or the effect it
					 would have on emissions is federally enforceable or enforceable as a practical
					 matter by the state.
"Regulated NSR pollutant" means:
1. Any pollutant for which an ambient air
				  quality standard has been promulgated and any constituents or precursors for
				  such pollutants identified by the administrator (e.g., volatile organic
				  compounds and NOX are precursors for ozone);
2. Any pollutant that is subject to any
				  standard promulgated under § 111 of the federal Clean Air Act;
3. Any class I or II substance subject to a
				  standard promulgated under or established by Title VI of the federal Clean Air
				  Act; or
4. Any pollutant that
				  otherwise is subject to regulation under the federal Clean Air Act as defined
				  in the definition of "subject to regulation."
5. Notwithstanding subdivisions 1 through 4
				  of this definition, the term "regulated NSR pollutant" shall not include any or
				  all hazardous air pollutants either listed in § 112 of the federal Clean
				  Air Act, or added to the list pursuant to § 112(b)(2) of the federal Clean
				  Air Act, and which have not been delisted pursuant to § 112(b)(3) of the
				  federal Clean Air Act, unless the listed hazardous air pollutant is also
				  regulated as a constituent or precursor of a general pollutant listed under
				  § 108 of the federal Clean Air Act.
"Replacement unit" means an emissions unit for which all
					 the following criteria are met. No creditable emission reductions shall be
					 generated from shutting down the existing emissions unit that is
					 replaced.
1. The emissions unit is a
				  reconstructed unit within the meaning of
				  40 CFR
				  60.15(b)(1), or the
				  emissions unit completely takes the place of an existing emissions
				  unit.
2. The emissions unit is
				  identical to or functionally equivalent to the replaced emissions
				  unit.
3. The replacement does not
				  change the basic design parameters of the process unit.
4. The replaced emissions unit is permanently
				  removed from the major stationary source, otherwise permanently disabled, or
				  permanently barred from operation by a permit that is enforceable as a
				  practical matter. If the replaced emissions unit is brought back into
				  operation, it shall constitute a new emissions unit.
"Significant emissions unit" means (i) for a GHG PAL issued
					 on a mass basis, an emissions unit that emits or has the potential to emit a
					 PAL pollutant in an amount that is equal to or greater than the significant
					 level for that PAL pollutant, but less than the amount that would qualify the
					 unit as a major emissions unit or (ii) for a GHG PAL issued on a
					 CO2e basis, any emissions unit that emits or has the
					 potential to emit GHGs on a CO2e basis in amounts equal
					 to or greater than the amount that would qualify the unit as small emissions
					 unit, but less than the amount that would qualify the unit as a major emissions
					 unit.
"Small emissions unit" means (i) for a GHG PAL issued on a
					 mass basis, an emissions unit that emits or has the potential to emit the PAL
					 pollutant in an amount less than the significant level for that PAL pollutant,
					 as defined in this section or in the federal Clean Air Act, whichever is lower
					 or (ii) for a GHG PAL issued on a CO2e basis, an
					 emissions unit that emits or has the potential to emit less than the amount of
					 GHGs on a CO2e basis defined as "significant" for the
					 purposes of subdivision 3 of the definition of "subject to regulation" at the
					 time the PAL permit is being issued.
"Subject to regulation" means, for any air pollutant, that
					 the pollutant is subject to either a provision in the federal Clean Air Act, or
					 a nationally applicable regulation codified by the administrator in Subchapter
					 C of 40 CFR Chapter I, that requires actual control of the quantity of
					 emissions of that pollutant, and that such a control requirement has taken
					 effect and is operative to control, limit or restrict the quantity of emissions
					 of that pollutant released from the regulated activity. The following
					 exceptions shall apply:
1. GHGs shall
				  not be subject to regulation except as provided in subdivisions 4 and 5 of this
				  definition and shall not be subject to regulation if the stationary source
				  maintains its total sourcewide emissions below the GHG PAL level, meets the
				  requirements of
				  9VAC5-85-55,
				  and complies with the PAL permit containing the GHG PAL. A GHG-only source with
				  a valid CO2e-based GHG PAL shall be considered to be a
				  minor source for GHG.
2. For
				  purposes of subdivisions 3, 4, and 5 of this definition, the term "tpy
				  CO2 equivalent emissions (CO2e)"
				  shall represent an amount of GHGs emitted, and shall be computed as follows:
a. Multiplying the mass amount of emissions
				  (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's
				  associated global warming potential published at Table A-1 to Subpart A of 40
				  CFR Part 98. For purposes of this subdivision, prior to July 21, 2014, the mass
				  of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions
				  resulting from the combustion or decomposition of nonfossilized and
				  biodegradable organic material originating from plants, animals, or
				  micro-organisms (including products, byproducts, residues, and waste from
				  agriculture, forestry, and related industries as well as the nonfossilized and
				  biodegradable organic fractions of industrial and municipal wastes, including
				  gases and liquids recovered from the decomposition of nonfossilized and
				  biodegradable organic material).
b.
				  Sum the resultant value from subdivision a of this subdivision for each gas to
				  compute a tpy CO2e.
3. The term "emissions increase" as used in
				  subdivisions 4 and 5 of this definition shall mean that both a significant
				  emissions increase (as calculated using the procedures in
				  9VAC5-80-1605 G)
				  and a significant net emissions increase (as defined in
				  9VAC5-80-1615 C)
				  occur. For the pollutant GHGs, an emissions increase shall be based on tpy
				  CO2e, and shall be calculated assuming the pollutant
				  GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy
				  CO2e instead of applying the value in subdivision b of
				  the definition of "significant" in
				  9VAC5-80-1615
				  C.
4. Beginning January 2, 2011,
				  the pollutant GHGs is subject to regulation if:
a. The stationary source is a new major
				  stationary source for a regulated NSR pollutant that is not GHGs, and also will
				  emit or will have the potential to emit 75,000 tpy CO2e
				  or more; or
b. The stationary
				  source is an existing major stationary source for a regulated NSR pollutant
				  that is not GHGs, and also will have an emissions increase of a regulated NSR
				  pollutant, and an emissions increase of 75,000 tpy CO2e
				  or more.
5. Beginning
				  July 1, 2011, in addition to the provisions in subdivision 4 of this
				  definition, the pollutant GHGs shall also be subject to regulation:
a. At a new stationary source that will emit
				  or have the potential to emit 100,000 tpy CO2e;
				  or
b. At an existing stationary
				  source that emits or has the potential to emit 100,000 tpy
				  CO2e, when such stationary source undertakes a physical
				  change or change in the method of operation that will result in an emissions
				  increase of 75,000 tpy CO2e or more.