Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 60 - HAZARDOUS AIR POLLUTANT SOURCES › Part II - Emission Standards › Article 5 - Emission Standards for Toxic Pollutants from New and Modified Sources (Rule6-5) › Section 9VAC5-60-310 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
					 of the Regulations for the Control and Abatement of Air Pollution and
					 subsequent amendments or any orders issued by the board, 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 here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10),
					 unless otherwise required by context.
C. Terms defined.
"Best available control technology" means an emissions
						limitation (including a visible emissions standard) based on the maximum degree
						of reduction for each toxic pollutant which the board, on a case-by-case basis,
						taking into account energy, environmental, and economic impacts and other
						costs, determines is achievable for such source or modification through
						application of production processes or available methods, systems, and
						techniques, including fuel cleaning or treatment or innovative fuel combustion
						techniques for control of such pollutant. If the board determines that
						technological or economic limitations on the application of measurement
						methodology to a particular emissions unit would make the imposition of an
						emissions standard infeasible, a design, equipment, work practice, operational
						standard, or combination of them, may be prescribed instead to satisfy the
						requirement for the application of best available control technology. Such
						standard shall, to the degree possible, set forth the emissions reduction
						achievable by implementation of such design, equipment, work practice or
						operation, and shall provide for compliance by means which achieve equivalent
						results.
"Fugitive emissions" means those emissions that could not
						reasonably pass through a stack, chimney, vent, or other functionally
						equivalent opening.
"Pesticide" means the same as the definition given in
						§ 3.1-249.27 of the Virginia Pesticide Control Act.
"Potential to emit" means an emission rate based on the
						maximum capacity of a stationary source to emit a toxic pollutant under its
						physical and operational design. Any physical or operational limitation on the
						capacity of the source to emit a toxic 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 its effect on emissions is state or
						federally enforceable. Fugitive emissions shall be included in determining a
						stationary source's potential to emit.
"Significant ambient air concentration" means the
						concentration of a toxic pollutant in the ambient air that if exceeded may have
						the potential to injure human health.
"Source category schedule for standards" means the
						schedule issued pursuant to § 112(e) of the federal Clean Air Act for
						promulgating MACT standards issued pursuant to § 112(d) of the federal
						Clean Air Act and published in the Federal Register at 67 FR 6521, February 12,
						2002.
"Threshold limit value (TLV®)" means the maximum
						airborne concentration of a substance to which the American Conference of
						Governmental Industrial Hygienists (ACGIH) believes that nearly all workers may
						be repeatedly exposed day after day without adverse effects and which is
						published in the ACGIH Handbook (see
						9VAC5-20-21 ). The TLV® is
						divided into three categories: TLV-Time-Weighted Average® (TLV-TWA®),
						TLV-Short-Term Exposure Limit® (TLV-STEL®), and TLV-Ceiling®
						(TLV-C®).
"TLV-TWA®" means the time-weighted average
						concentration for a normal eight-hour workday and a 40-hour workweek, to which
						nearly all workers may be repeatedly exposed, day after day, without adverse
						effect (as defined in the ACGIH Handbook).
"TLV-STEL®" means the concentration to which workers
						may be exposed continuously for a short period of time without suffering from
						irritation, chronic or irreversible tissue damage, or narcosis of sufficient
						degree to increase the likelihood of accidental injury, impair self-rescue or
						materially reduce work efficiency. The TLV-STEL supplements the TLV-TWA®
						where there are recognized acute effects from a substance whose toxic effects
						are primarily of a chronic nature.
"TLV-C®" means the concentration that should not be
						exceeded during any part of the working exposure.
"Toxic pollutant" means any air pollutant listed in
						§ 112(b) of the federal Clean Air Act, as revised by
						40 CFR
						63.60, or any other air pollutant that the
						board determines, through adoption of regulation, to present a significant risk
						to public health. This term excludes asbestos, fine mineral fibers,
						radionuclides, and any glycol ether that does not have a
						TLV®.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.