Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 1 - Federal Operating Permits for Stationary Sources › Section 9VAC5-80-60 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 the purpose of Regulations for the Control and Abatement of Air Pollution and
					 subsequent amendments, or any orders issued by the department, the words or
					 terms shall have the meanings given them in subsection C of this
					 section.
B. As used in this
					 article, all terms not defined herein shall have the meanings given them in
					 9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined.
"Affected source" means a source that includes one or
						more affected units.
"Affected states" means all states (i) whose air quality
						may be affected by the permitted source and that are contiguous to Virginia or
						(ii) that are within 50 miles of the permitted source.
"Affected unit" means a unit that is subject to any acid
						rain emissions reduction requirement or acid rain emissions limitation under
						40 CFR Part 72,
						73,
						75,
						76,
						77 or
						78.
"Allowable emissions" means the emission rates of a
						stationary source calculated by using the maximum rated capacity of the
						emissions units within the source (unless the source is subject to state or
						federally enforceable limits which restrict the operating rate or hours of
						operation or both) and the most stringent of the following:
a. Applicable emission standards.
b. The emission limitation specified as a
					 state or federally enforceable permit condition, including those with a future
					 compliance date.
c. Any other
					 applicable emission limitation, including those with a future compliance
					 date.
"Applicable federal requirement" means all of the
						following as they apply to emissions units in a source subject to this article
						(including requirements that have been promulgated or approved by the
						administrator through rulemaking at the time of permit issuance but have future
						effective compliance dates):
a. Any
					 standard or other requirement provided for in the implementation plan,
					 including any source-specific provisions such as consent agreements or
					 orders.
b. Any term or condition of
					 any preconstruction permit issued pursuant to the new source review program or
					 of any operating permit issued pursuant to the state operating permit program,
					 except for terms or conditions derived from applicable state
					 requirements.
c. Any standard or
					 other requirement prescribed under the Regulations for the Control and
					 Abatement of Air Pollution, particularly the provisions of 9VAC5-40 (Existing
					 Stationary Sources), 9VAC5-50 (New and Modified Stationary Sources), or
					 9VAC5-60 (Hazardous Air Pollutant Sources), adopted pursuant to requirements of
					 the federal Clean Air Act or under § 111, 112 or 129 of the federal Clean
					 Air Act.
d. Any requirement
					 concerning accident prevention under § 112(r)(7) of the federal Clean Air
					 Act.
e. Any compliance monitoring
					 requirements established pursuant to either § 504(b) or § 114(a)(3)
					 of the federal Clean Air Act or the Regulations for the Control and Abatement
					 of Air Pollution.
f. Any standard
					 or other requirement for consumer and commercial products under § 183(e)
					 of the federal Clean Air Act.
g.
					 Any standard or other requirement for tank vessels under § 183(f) of the
					 federal Clean Air Act.
h. Any
					 standard or other requirement in 40 CFR Part 55 to control air pollution from
					 outer continental shelf sources.
i.
					 Any standard or other requirement of the regulations promulgated to protect
					 stratospheric ozone under Title VI of the federal Clean Air Act, unless the
					 administrator has determined that such requirements need not be contained in a
					 permit issued under this article.
j. With regard to temporary sources subject
					 to 9VAC5-80-130,(i) any ambient air quality standard, except applicable state
					 requirements, and (ii) requirements regarding increments or visibility as
					 provided in Article 8 (9VAC5-80-1700 et seq.)
					 of this part.
"Applicable requirement" means any applicable federal
						requirement or any applicable state requirement included in a permit issued
						under this article as provided in
						9VAC5-80-300.
"Applicable state requirement" means all of the following
						as they apply to emissions units in a source subject to this article (including
						requirements that have been promulgated or approved through rulemaking at the
						time of permit issuance but have future effective compliance dates):
a. Any standard or other requirement
					 prescribed by any regulation of the board that is not included in the
					 definition of applicable federal requirement.
b. Any regulatory provision or definition
					 directly associated with or related to any of the specific state requirements
					 listed in this definition.
"Area source" means any stationary source that is not a
						major source. For purposes of this article, the phrase "area source" shall not
						include motor vehicles or nonroad vehicles.
"Complete application" means an application that contains
						all the information required pursuant to
						9VAC5-80-80 and
						9VAC5-80-90
						sufficient to determine all applicable requirements and to evaluate the source
						and its application. Designating an application complete does not preclude the
						department from requesting or accepting additional information.
"Designated representative" means a responsible natural
						person authorized by the owners and operators of an affected source and of all
						affected units at the source, as evidenced by a certificate of representation
						submitted in accordance with subpart B of 40 CFR Part 72, to represent and
						legally bind each owner and operator, as a matter of federal law, in matters
						pertaining to the acid rain program. Whenever the term "responsible official"
						is used in this regulation, it shall be deemed to refer to the designated
						representative with regard to all matters under the acid rain program. Whenever
						the term "designated representative" is used in this regulation, the term shall
						be construed to include the alternate designated representative.
"Draft permit" means the version of a permit for which
						the department offers public participation under
						9VAC5-80-270
						or affected state review under
						9VAC5-80-290.
"Emissions allowable under the permit" means a federally
						and state enforceable or state-only enforceable permit term or condition
						determined at issuance to be required by an applicable requirement that
						establishes an emissions limit (including a work practice standard) or a
						federally and state enforceable emissions cap that the source has assumed to
						avoid an applicable requirement to which the source would otherwise be
						subject.
"Emissions unit" means any part or activity of a
						stationary source that emits or has the potential to emit any regulated air
						pollutant. This term is not meant to alter or affect the definition of the term
						"unit" in 40 CFR Part 72.
"Federally enforceable" means all limitations and
						conditions that are enforceable by the administrator and citizens under the
						federal Clean Air Act or that are enforceable under other statutes administered
						by the administrator. Federally enforceable limitations and conditions include,
						but are not limited, to the following:
1. Emission standards, alternative emission
					 standards, alternative emission limitations, and equivalent emission
					 limitations established pursuant to § 112 of the federal Clean Air Act as
					 amended in 1990.
2. New source
					 performance standards established pursuant to § 111 of the federal Clean
					 Air Act, and emission standards established pursuant to § 112 of the
					 federal Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal
					 operating permit, including any provisions that limit a source's potential to
					 emit, unless expressly designated as not federally enforceable.
4. Limitations and conditions that are part
					 of an approved implementation plan.
5. Limitations and conditions that are part
					 of a federal construction permit issued under
					 40 CFR
					 52.21 or a new source review program permit
					 issued under regulations approved by the EPA into the implementation
					 plan.
6. Limitations and conditions
					 that are part of a state operating permit issued under regulations approved by
					 the EPA into the implementation plan as meeting the EPA's minimum criteria for
					 federal enforceability, including adequate notice and opportunity for EPA and
					 public comment prior to issuance of the final permit and practicable
					 enforceability.
7. Limitations and
					 conditions in a Virginia regulation or program that has been approved by the
					 EPA under Subpart E of 40 CFR Part 63 for the purposes of implementing and
					 enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that the EPA
					 has legal authority to create.
"Final permit" means the version of a permit issued by
						the department under this article that has completed all review procedures
						required by
						9VAC5-80-270
						and
						9VAC5-80-290.
"Fugitive emissions" are those emissions which cannot
						reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"General permit" means a permit issued under this article
						that meets the requirements of
						9VAC5-80-120.
"Hazardous air pollutant" means any air pollutant listed
						in § 112(b) of the federal Clean Air Act, as amended by
						40
						CFR 63.60.
"Implementation plan" means the portion or portions of
						the state implementation plan, or the most recent revision thereof, which has
						been approved in Subpart VV of 40 CFR Part 52 by the administrator under §
						110 of the federal Clean Air Act, or promulgated under § 110(c) of the
						federal Clean Air Act, or promulgated or approved pursuant to regulations
						promulgated under § 301(d) of the federal Clean Air Act and which
						implements the relevant requirements of the federal Clean Air Act.
"Insignificant activity" means any emission unit listed
						in
						9VAC5-80-720
						A, any emissions unit that meets the emissions criteria described in
						9VAC5-80-720
						B, or any emissions unit that meets the size or production rate criteria in
						9VAC5-80-720
						C.
"Major source" means:
a. For hazardous air pollutants other than
					 radionuclides, any stationary source that emits or has the potential to emit,
					 in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25
					 tons per year or more of any combination of hazardous air pollutants.
					 Notwithstanding the preceding sentence, emissions from any oil or gas
					 exploration or production well (with its associated equipment) and emissions
					 from any pipeline compressor or pump station shall not be aggregated with
					 emissions from other similar units, whether or not such units are in a
					 contiguous area or under common control, to determine whether such units or
					 stations are major sources.
b. For
					 air pollutants other than hazardous air pollutants, any stationary source that
					 directly emits or has the potential to emit 100 tons per year or more of any
					 air pollutant (including any major source of fugitive emissions of any such
					 pollutant). The fugitive emissions of a stationary source shall not be
					 considered in determining whether it is a major stationary source, unless the
					 source belongs to one of the following categories of stationary source:
(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, sulfuric, or
					 nitric acid plants.
(10) Petroleum
					 refineries.
(11) Lime
					 plants.
(12) Phosphate rock
					 processing plants.
(13) Coke oven
					 batteries.
(14) Sulfur recovery
					 plants.
(15) Carbon black plants
					 (furnace process).
(16) Primary
					 lead smelters.
(17) Fuel conversion
					 plant.
(18) Sintering
					 plants.
(19) Secondary metal
					 production plants.
(20) Chemical
					 process plants (which shall not include ethanol production facilities that
					 produce ethanol by natural fermentation included in NAICS codes 325193 or
					 312140).
(21) Fossil-fuel boilers
					 (or combination of them) totaling more than 250 million British thermal units
					 per hour heat input.
(22) Petroleum
					 storage and transfer units with a total storage capacity exceeding 300,000
					 barrels.
(23) Taconite ore
					 processing plants.
(24) Glass fiber
					 processing plants.
(25) Charcoal
					 production plants.
(26)
					 Fossil-fuel-fired steam electric plants of more than 250 million British
					 thermal units per hour heat input.
(27) Any other stationary source category
					 regulated under § 111 or § 112 of the federal Clean Air Act for which
					 the administrator has made an affirmative determination under § 302(j) of
					 the federal Clean Air Act.
c. For ozone nonattainment areas, any
					 stationary source with the potential to emit 100 tons per year or more of
					 volatile organic compounds or oxides of nitrogen in areas classified as
					 "marginal" or "moderate," 50 tons per year or more in areas classified as
					 "serious," 25 tons per year or more in areas classified as "severe," and 10
					 tons per year or more in areas classified as "extreme"; except that the
					 references in this definition to nitrogen oxides shall not apply with respect
					 to any source for which the administrator has made a finding that requirements
					 under § 182(f) of the federal Clean Air Act (NOx
					 requirements for ozone nonattainment areas) do not apply.
d. For attainment areas in ozone transport
					 regions, any stationary source with the potential to emit 50 tons per year or
					 more of volatile organic compounds.
"Malfunction" means any sudden and unavoidable failure of
						air pollution control equipment or process equipment or of a process to operate
						in a normal or usual manner that (i) arises from sudden and reasonably
						unforeseeable events beyond the control of the source, including acts of God,
						(ii) causes an exceedance of a technology-based emission limitation under the
						permit due to unavoidable increases in emissions attributable to the failure
						and (iii) requires immediate corrective action to restore normal operation.
						Failures that are caused entirely or in part by improperly designed equipment,
						lack of or poor preventative maintenance, careless or improper operation,
						operator error, or any other preventable upset condition or preventable
						equipment breakdown shall not be considered malfunctions.
"New source review program" means a program for the
						preconstruction review and permitting of new stationary sources or expansions
						to existing ones in accordance with 9VAC5-80-10 or Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1700
						et seq.) or Article 9 (9VAC5-80-2000 et
						seq.) of this part, promulgated to implement the requirements of §§
						110(a)(2)(C), 165 (relating to permits in prevention of significant
						deterioration areas), 173 (relating to permits in nonattainment areas), and 112
						(relating to permits for hazardous air pollutants) of the federal Clean Air
						Act.
"Permit," unless the context suggests otherwise, means
						any permit or group of permits covering a source subject to this article that
						is issued, renewed, amended, or revised pursuant to this article.
"Permit modification" means a revision to a permit issued
						under this article that meets the requirements of
						9VAC5-80-210
						on minor permit modifications,
						9VAC5-80-220
						on group processing of minor permit modifications, or
						9VAC5-80-230
						on significant modifications.
"Permit revision" means any permit modification that
						meets the requirements of
						9VAC5-80-210,
						9VAC5-80-220
						or
						9VAC5-80-230
						or any administrative permit amendment that meets the requirements of
						9VAC5-80-200.
"Potential to emit" means the maximum capacity of a
						stationary source to emit any air pollutant under its physical and operational
						design. Any physical or operational limitation on the capacity of a source to
						emit an air 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 is state and federally enforceable.
"Proposed permit" means the version of a permit that the
						department proposes to issue and forwards to the administrator for review in
						compliance with
						9VAC5-80-290.
"Regulated air pollutant" means any of the
						following:
a. Nitrogen oxides or any
					 volatile organic compound.
b. Any
					 pollutant for which an ambient air quality standard has been
					 promulgated.
c. Any pollutant
					 subject to any standard promulgated under § 111 of the federal Clean Air
					 Act.
d. Any Class I or II substance
					 subject to a standard promulgated under or established by Title VI of the
					 federal Clean Air Act concerning stratospheric ozone protection.
e. Any pollutant subject to a standard
					 promulgated under or other requirements established under § 112 of the
					 federal Clean Air Act concerning hazardous air pollutants and any pollutant
					 regulated under Subpart C of 40 CFR Part 68.
f. Any pollutant subject to an applicable
					 state requirement included in a permit issued under this article as provided in
					 9VAC5-80-300.
"Renewal" means the process by which a permit is reissued
						at the end of its term.
"Research and development facility" means all the
						following as applied to any stationary source:
a. The primary purpose of the source is the
					 conduct of either (i) research and development into new products or processes
					 or into new uses for existing products or processes or into refining and
					 improving existing products or processes or (ii) basic research to provide for
					 education or the general advancement of technology or knowledge.
b. The source is operated under the close
					 supervision of technically trained personnel.
c. The source is not engaged in the
					 manufacture of products in any manner inconsistent with subdivision a (i) or
					 (ii) of this definition.
An analytical laboratory that primarily supports a
						research and development facility is considered to be part of that
						facility.
"Responsible official" means one of the following:
a. For a business entity, such as a
					 corporation, association or cooperative:
(1)
					 The president, secretary, treasurer, or vice-president of the business entity
					 in charge of a principal business function, or any other person who performs
					 similar policy or decision making functions for the business entity,
					 or
(2) A duly authorized
					 representative of such business entity if the representative is responsible for
					 the overall operation of one or more manufacturing, production, or operating
					 facilities applying for or subject to a permit and either:
(i) the facilities employ more than 250
					 persons or have gross annual sales or expenditures exceeding $25 million (in
					 second quarter 1980 dollars); or
(ii) the authority to sign documents has been
					 assigned or delegated to such representative in accordance with procedures of
					 the business entity and the delegation of authority is approved in advance by
					 the department;
b. For a partnership or sole proprietorship:
					 a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or
					 other public agency: either a principal executive officer or ranking elected
					 official. A principal executive officer of a federal agency includes the chief
					 executive officer having responsibility for the overall operations of a
					 principal geographic unit of the agency (e.g., a regional administrator of
					 EPA).
d. For affected sources:
(1) The designated representative insofar as
					 actions, standards, requirements, or prohibitions under Title IV of the federal
					 Clean Air Act or the regulations promulgated thereunder are concerned;
					 and
(2) The designated
					 representative or any other person specified in this definition for any other
					 purposes under this article.
"State enforceable" means all limitations and conditions
						which are enforceable by the department, including those requirements developed
						pursuant to
						9VAC5-170-160,
						requirements within any applicable order or variance, and any permit
						requirements established pursuant to this chapter
"State operating permit program" means a program for
						issuing limitations and conditions for stationary sources in accordance with
						Article 5 (9VAC5-80-800 et
						seq.) of this part, promulgated to meet EPA's minimum criteria for federal
						enforceability, including adequate notice and opportunity for EPA and public
						comment prior to issuance of the final permit and practicable
						enforceability.
"Stationary source" means any building, structure,
						facility or installation which emits or may emit any regulated air pollutant. A
						stationary source shall include all of the pollutant-emitting activities which
						belong to the same industrial grouping, are located on one or more contiguous
						or adjacent properties, and are under the control of the same person (or
						persons under common control). Pollutant-emitting activities shall be
						considered as part of the same industrial grouping if they belong to the same
						"major group" (i.e., which have the same two-digit code) as described in the
						Standard Industrial Classification Manual (see
						9VAC5-20-21)
						. At the request of the applicant, any research and development facility may be
						considered a separate stationary source from the manufacturing or other
						facility with which it is co-located.
"Title I modification" means any modification under Parts
						C and D of Title I or §§ 111(a)(4), 112(a)(5), or § 112(g) of
						the federal Clean Air Act; under regulations promulgated by the U.S.
						Environmental Protection Agency thereunder or in
						40 CFR
						61.07; or under regulations approved by the
						U.S. Environmental Protection Agency to meet such
						requirements.