Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 6 - Permits for New and Modified Stationary Sources › Section 9VAC5-80-1110 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 the purpose of applying this article 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 subsection C of this section.
B. As used in this article, all terms not
					 defined in subsection C of this section shall have the meanings given them in
					 9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined.
"Addition" means the construction of a new emissions unit
						at or the relocation of an existing emissions unit to a stationary
						source.
"Affected emissions units" means the following emissions
						units, as applicable:
1. For a new
					 stationary source, all emissions units.
2. For a project, the added, modified, and
					 replacement emissions units that are part of the project.
"Applicable federal requirement" means all of, but not
						limited to, the following as they apply to affected emissions units 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:
1.
					 Any standard or other requirement provided for in an implementation plan
					 established pursuant to § 110, 111(d), or 129 of the federal Clean Air
					 Act, including any source-specific provisions such as consent agreements or
					 orders.
2. Any term or condition in
					 any construction permit issued under the new source review program or in any
					 operating permit issued pursuant to the state operating permit program.
					 However, those terms or conditions designated as state-only enforceable
					 pursuant to
					 9VAC5-80-1120 F or
					 9VAC5-80-820 G shall not
					 be applicable federal requirements.
3. Any emission standard, alternative
					 emission standard, alternative emissions limitation, equivalent emissions
					 limitation, or other requirement established pursuant to § 112 or 129 of
					 the federal Clean Air Act as amended in 1990.
4. Any new source performance standard or
					 other requirement established pursuant to § 111 of the federal Clean Air
					 Act and any emission standard or other requirement established pursuant to
					 § 112 of the federal Clean Air Act before it was amended in
					 1990.
5. Any limitations and
					 conditions or other requirement in a Virginia regulation or program that has
					 been approved by EPA under Subpart E of 40 CFR Part 63 for the purposes of
					 implementing and enforcing § 112 of the federal Clean Air Act.
6. Any requirement concerning accident
					 prevention under § 112(r)(7) of the federal Clean Air Act.
7. Any compliance monitoring requirements
					 established pursuant to either § 504(b) or 114(a)(3) of the federal Clean
					 Air Act.
8. Any standard or other
					 requirement for consumer and commercial products under § 183(e) of the
					 federal Clean Air Act.
9. Any
					 standard or other requirement for tank vessels under § 183(f) of the
					 federal Clean Air Act.
10. Any
					 standard or other requirement in 40 CFR Part 55 to control air pollution from
					 outer continental shelf sources.
11. 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 federal operating permit.
12. 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 (9VAC5-80-1605 et
					 seq.) of this part.
13. Any
					 standard or other requirement under § 126 (a)(1) and (c) of the federal
					 Clean Air Act.
"Begin actual construction" means initiation of permanent
						physical on-site construction of an emissions unit. This includes but is not
						limited to, installation of building supports and foundations, laying of
						underground pipework, and construction of permanent storage structures. With
						respect to a change in method of operation, this term refers to those on-site
						activities other than preparatory activities that mark the initiation of the
						change. With respect to the initial location or relocation of a portable
						emissions unit, this term refers to the delivery of any portion of the portable
						emissions unit to the site.
"Clean wood" means uncontaminated natural or untreated
						wood. Clean wood includes (i) byproducts of harvesting activities conducted for
						forest management or commercial logging or (ii) mill residues consisting of
						bark, chips, edgings, sawdust, shavings, or slabs. "Clean wood" does not
						include wood that has been treated, adulterated, or chemically changed in some
						way; treated with glues, binders, or resins; or painted, stained, or
						coated.
"Commence," as applied to the construction of an
						emissions unit, means that the owner has all necessary preconstruction
						approvals or permits and has either:
1.
					 Begun or caused to begin a continuous program of actual on-site construction of
					 the unit, to be completed within a reasonable time; or
2. Entered into binding agreements or
					 contractual obligations, which cannot be canceled or modified without
					 substantial loss to the owner, to undertake a program of actual construction of
					 the unit, to be completed within a reasonable time.
"Complete application" means that the application
						contains all the information necessary for processing the application and that
						the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law
						have been met. Designating an application complete for purposes of permit
						processing does not preclude the department from requesting or accepting
						additional information.
"Construction" means fabrication, erection, installation,
						demolition, relocation, addition, replacement, or modification of an emissions
						unit that would result in a change in the uncontrolled emission rate.
"Construction waste" means solid waste that is produced
						or generated during construction, remodeling, or repair of pavements, houses,
						commercial buildings, and other structures. Construction wastes include but are
						not limited to, lumber, wire, sheetrock, broken brick, shingles, glass, pipe,
						concrete, paving materials, and metal and plastics if the metal or plastics are
						a part of the materials of construction or empty containers for such materials.
						Paints, coatings, solvents, asbestos, any liquid, compressed gases or
						semi-liquids, and garbage are not construction wastes.
"Debris waste" means wastes resulting from land clearing
						operations. Debris wastes include but are not limited to, stumps, wood, brush,
						leaves, soil, and road spoils.
"Demolition waste" means that solid waste that is
						produced by the destruction of structures or their foundations, or both, and
						includes the same materials as construction wastes.
"Diesel engine" means, for the purposes of
						9VAC5-80-1105 A
						1 b, any internal combustion engine that burns diesel or #2 fuel oil to provide
						power to processing equipment for a vegetative waste recycling/mulching
						operation.
"Emergency" means a condition that arises from sudden and
						reasonably unforeseeable events where the primary energy or power source is
						disrupted or disconnected due to conditions beyond the control of an owner or
						operator of a facility including:
1. A
					 failure of the electrical grid;
2.
					 On-site disaster or equipment failure;
3. Public service emergencies such as flood,
					 fire, natural disaster, or severe weather conditions; or
4. An ISO-declared emergency, where an ISO
					 emergency is:
a. An abnormal system condition
					 requiring manual or automatic action to maintain system frequency, to prevent
					 loss of firm load, equipment damage, or tripping of system elements that could
					 adversely affect the reliability of an electric system or the safety of persons
					 or property;
b. Capacity deficiency
					 or capacity excess conditions;
c. A
					 fuel shortage requiring departure from normal operating procedures in order to
					 minimize the use of such scarce fuel;
d. Abnormal natural events or man-made
					 threats that would require conservative operations to posture the system in a
					 more reliable state; or
e. An
					 abnormal event external to the ISO service territory that may require ISO
					 action.
"Emissions cap" means any limitation on the rate of
						emissions of any air pollutant from one or more emissions units established and
						identified as an emissions cap in any permit issued pursuant to the new source
						review program or operating permit program.
"Emissions limitation" means a requirement established by
						the regulations of the board or by the department in a permit, order, or
						variance that limits the quantity, rate, or concentration of emissions of air
						pollutants on a continuous basis, including any requirement relating to the
						operation or maintenance of a source to assure continuous emissions reduction,
						and any design standard, equipment standard, work practice, operational
						standard, or pollution prevention technique.
"Emissions unit" means any part of a stationary source
						that emits or would have the potential to emit any regulated air
						pollutant.
"Enforceable as a practical matter" means that the permit
						contains emissions limitations that are enforceable by the department and meet
						the following criteria:
1. Are
					 permanent;
2. Contain a legal
					 obligation for the owner to adhere to the terms and conditions;
3. Do not allow a relaxation of a requirement
					 of the implementation plan;
4. Are
					 technically accurate and quantifiable;
5. Include averaging times or other
					 provisions that allow at least monthly (or a shorter period if necessary to be
					 consistent with the implementation plan) checks on compliance. This may include
					 but not be limited to, the following: compliance with annual limits in a
					 rolling basis, monthly or shorter limits, and other provisions consistent with
					 this article and other regulations of the board; and
6. Require a level of recordkeeping,
					 reporting, and monitoring sufficient to demonstrate compliance.
"Existing stationary source" means any stationary source
						other than a new stationary source.
"Federal hazardous air pollutant new source review
						program" means a program for the preconstruction review and approval of the
						construction, reconstruction, or modification of any stationary source in
						accordance with regulations specified below and promulgated to implement the
						requirements of § 112 (relating to hazardous air pollutants) of the
						federal Clean Air Act.
1. The
					 provisions of
					 40 CFR
					 61.05,
					 40 CFR 61.06,
					 40 CFR
					 61.07,
					 40 CFR 61.08 and
					 40
					 CFR 61.15 for issuing approvals of the
					 construction of any new source or modification of any existing source subject
					 to the provisions of 40 CFR Part 61.
2. The provisions of
					 40 CFR
					 63.5 for issuing approvals to construct a new
					 source or reconstruct a source subject to the provisions of 40 CFR Part 63,
					 except for Subparts B, D and E.
3.
					 The provisions of
					 40
					 CFR 63.50 through
					 40 CFR 63.56 for issuing Notices
					 of MACT Approval prior to the construction of a new emissions unit.
"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 emissions limitations, and equivalent emissions
					 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, unless expressly
					 designated as state-only enforceable, in a federal operating permit, including
					 any provisions that limit a source's potential to emit.
4. Limitations and conditions that are part
					 of an implementation plan established pursuant to § 110, 111(d) or 129 of
					 the federal Clean Air Act.
5.
					 Limitations and conditions, unless expressly designated as state-only
					 enforceable, that are part of a federal construction permit issued under
					 40 CFR
					 52.21 or any construction permit issued under
					 regulations approved by EPA into the implementation plan.
6. Limitations and conditions, unless
					 expressly designated as state-only enforceable, that are part of a state
					 operating permit where the permit and the permit program pursuant to which it
					 was issued meet all of the following criteria:
a. The operating permit program has been
					 approved by EPA into the implementation plan under § 110 of the federal
					 Clean Air Act.
b. The operating
					 permit program imposes a legal obligation that operating permit holders adhere
					 to the terms and limitations of such permits and provides that permits that do
					 not conform to the operating permit program requirements and the requirements
					 of EPA's underlying regulations may be deemed not federally enforceable by
					 EPA.
c. The operating permit
					 program requires that all emissions limitations, controls, and other
					 requirements imposed by such permits will be at least as stringent as any other
					 applicable limitations and requirements contained in the implementation plan or
					 enforceable under the implementation plan, and that the program may not issue
					 permits that waive or make less stringent any limitations or requirements
					 contained in or issued pursuant to the implementation plan, or that are
					 otherwise federally enforceable.
d.
					 The limitations, controls, and requirements in the permit in question are
					 permanent, quantifiable, and otherwise enforceable as a practical
					 matter.
e. The permit in question
					 was issued only after adequate and timely notice and opportunity for comment by
					 EPA and the public.
7.
					 Limitations and conditions in a regulation of the board or program that has
					 been approved by 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 EPA has
					 legal authority to create.
"Federal operating permit" means a permit issued under
						the federal operating permit program.
"Federal operating permit program" means an operating
						permit system (i) for issuing terms and conditions for major stationary
						sources, (ii) established to implement the requirements of Title V of the
						federal Clean Air Act and associated regulations, and (iii) codified in Article
						1 (9VAC5-80-50 et
						seq.), Article 2 (9VAC5-80-310 et
						seq.), Article 3 (9VAC5-80-360 et
						seq.), and Article 4 (9VAC5-80-710 et seq.) of
						this part.
"Fixed capital cost" means the capital needed to provide
						all the depreciable components.
"Fugitive emissions" means those emissions that could not
						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
						9VAC5-80-1250.
"Hazardous air pollutant" means (i) any air pollutant
						listed in § 112(b) of the federal Clean Air Act, as amended by Subpart C
						of 40 CFR Part 63, and (ii) incorporated by reference into the regulations of
						the board in subdivision 1 of
						9VAC5-60-92.
"Independent system operator" or "ISO" means a person
						that may receive or has received by transfer pursuant to § 56-576 of the
						Code of Virginia any ownership or control of, or any responsibility to operate,
						all or part of the transmission systems in the Commonwealth.
"Locality particularly affected" means any locality that
						bears any identified disproportionate material air quality impact that would
						not be experienced by other localities.
"Major modification" means any project at a major
						stationary source that would result in a significant emissions increase in any
						regulated air pollutant. For projects, the emissions increase may take into
						consideration any state and federally enforceable permit conditions that will
						be placed in a permit resulting from a permit application deemed complete under
						the provisions of
						9VAC5-80-1160
						B.
"Major new source review (NSR) permit" means a permit
						issued under the major new source review program.
"Major new source review (major NSR) program" means a
						preconstruction review and permit program (i) for new major stationary sources
						or major modifications (physical changes or changes in the method of
						operation); (ii) established to implement the requirements of §§ 112,
						165, and 173 of the federal Clean Air Act and associated regulations; and (iii)
						codified in Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1605 et
						seq.) and Article 9 (9VAC5-80-2000 et
						seq.) of this part.
"Major stationary source" means any stationary source
						that emits or has the potential to emit 100 tons or more per year of any
						regulated air pollutant. For new stationary sources, the potential to emit may
						take into consideration any state and federally enforceable permit conditions
						that will be placed in a permit resulting from a permit application deemed
						complete under the provisions of
						9VAC5-80-1160
						B.
"Minor new source review (NSR) permit" means a permit
						issued pursuant to this article.
"Minor new source review (minor NSR) program" means a
						preconstruction review and permit program (i) for regulated air pollutants from
						new stationary sources or projects that are not subject to review under the
						major new source review program, (ii) established to implement the requirements
						of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and
						associated regulations, and (iii) codified in this article. The minor NSR
						program may also be used to implement the terms and conditions described in
						9VAC5-80-1120 F 1;
						however, those terms and conditions shall be state-only enforceable and shall
						not be applicable federal requirements.
"Modification" means any physical change in, or change in
						the method of operation of an emissions unit that increases the uncontrolled
						emission rate of any regulated air pollutant emitted into the atmosphere by the
						unit or that results in the emission of any regulated air pollutant into the
						atmosphere not previously emitted. The following shall not be considered
						physical changes or changes in the method of operation under this
						definition:
1. Maintenance, repair, and
					 replacement of components that the department determines to be routine for a
					 source type and which does not fall within the definition of
					 "replacement";
2. An increase in
					 the throughput or production rate of a unit, unless previously limited by any
					 state enforceable and federally enforceable permit conditions established
					 pursuant to this chapter, if that increase does not exceed the operating design
					 capacity of that unit;
3. An
					 increase in the hours of operation, unless previously limited by any state
					 enforceable and federally enforceable permit conditions established pursuant to
					 this chapter;
4. Use of an
					 alternative fuel or raw material, unless previously limited by any state
					 enforceable and federally enforceable permit conditions established pursuant to
					 this chapter, if, prior to the date any provision of the regulations of the
					 board becomes applicable to the source type, the emissions unit was designed to
					 accommodate that alternative use. A unit shall be considered to be designed to
					 accommodate an alternative fuel or raw material if provisions for that use were
					 included in the final construction specifications;
5. Use of an alternative fuel or raw material
					 that the emissions unit is approved to use under any new source review
					 permit;
6. The addition,
					 replacement, or use of any system or device whose primary function is the
					 reduction of air pollutants, except when a system or device that is necessary
					 to comply with applicable air pollution control laws, permit conditions, or
					 regulations is replaced by a system or device that the department considers to
					 be less efficient in the control of air pollution emissions;
7. The removal of any system or device whose
					 primary function is the reduction of air pollutants if the system or device is
					 not (i) necessary for the source to comply with any applicable air pollution
					 control laws, permit conditions, or regulations or (ii) used to avoid any
					 applicable new source review program requirement; or
8. A change in ownership at a stationary
					 source.
"Necessary preconstruction approvals or permits" means
						those permits or approvals required under the NSR program that is part of the
						implementation plan.
"New source review (NSR) permit" means a permit issued
						under the new source review program.
"New source review (NSR) program" means a preconstruction
						review and permit program (i) for regulated air pollutants from new stationary
						sources or projects (physical changes or changes in the method of operation);
						(ii) established to implement the requirements of §§ 110(a)(2)(C),
						112 (relating to permits for hazardous air pollutants), 165 (relating to
						permits in prevention of significant deterioration areas), and 173 (relating to
						permits in nonattainment areas) of the federal Clean Air Act and associated
						regulations; and (iii) codified in this article, Article 7 (9VAC5-80-1400 et
						seq.), Article 8 (9VAC5-80-1605 et
						seq.) and Article 9 (9VAC5-80-2000 et
						seq.) of this part. The NSR program may also be used to implement the terms and
						conditions described in
						9VAC5-80-1120 F 1;
						however, those terms and conditions shall be state-only enforceable and shall
						not be applicable federal requirements.
"New stationary source" means any stationary source to be
						constructed at or relocated to an undeveloped site.
"Nonroad engine" means any internal combustion
						engine:
1. In or on a piece of
					 equipment that is self-propelled or serves a dual purpose by both propelling
					 itself and performing another function, such as garden tractors, off-highway
					 mobile cranes and bulldozers;
2. In
					 or on a piece of equipment that is intended to be propelled while performing
					 its function, such as lawnmowers and string trimmers; or
3. That, by itself or in or on a piece of
					 equipment, is portable or transportable, meaning designed to be capable of
					 being carried or moved from one location to another. Indications of
					 transportability include but are not limited to, wheels, skids, carrying
					 handles, dollies, trailers, or platforms.
An internal combustion engine is not a nonroad engine if
						(i) the engine is used to propel a motor vehicle or a vehicle used solely for
						competition, or is subject to standards promulgated under § 202 of the
						federal Clean Air Act; or (ii) the engine otherwise included in subdivision 3
						of this definition remains or will remain at a location for more than 12
						consecutive months or a shorter period of time for an engine located at a
						seasonal source.
For purposes of this definition, a location is any single
						site at a building, structure, facility, or installation. Any engine or engines
						that replace an engine at a location and that are intended to perform the same
						or similar function as the engine replaced will be included in calculating the
						consecutive time period. An engine located at a seasonal source is an engine
						that remains at a seasonal source during the full annual operating period of
						the seasonal source. A seasonal source is a stationary source that remains in a
						single location on a permanent basis (i.e., at least two years) and that
						operates at the single location approximately three months or more each year.
						This subdivision does not apply to an engine after the engine is removed from
						the location.
"Plantwide applicability limitation" or "PAL" means an
						emissions limitation expressed in tons per year, for a pollutant at a major
						stationary source, that is enforceable as a practical matter and established
						sourcewide in accordance with
						9VAC5-80-1865
						or
						9VAC5-80-2144.
"PAL permit" means the state operating permit issued by
						the department that establishes a PAL for a major stationary source.
"Portable," in reference to emissions units, means an
						emissions unit that is designed to have the capability of being moved from one
						location to another for the purpose of operating at multiple locations and
						storage when idle. Indications of portability include but are not limited to,
						wheels, skids, carrying handles, dolly, trailer, or platform.
"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 only if the limitation or
						its effect on emissions is state and federally enforceable. Secondary emissions
						do not count in determining the potential to emit of a stationary
						source.
"Precursor pollutant" means the following:
1. Volatile organic compounds and nitrogen
					 oxides are precursors to ozone.
2.
					 Sulfur dioxide is a precursor to PM2.5.
3. Nitrogen oxides are presumed to be
					 precursors to PM2.5 in all PM2.5,
					 unless the department determines that emissions of nitrogen oxides from sources
					 in a specific area are not a significant contributor to that area's ambient
					 PM2.5 concentrations.
4. Volatile organic compounds and ammonia are
					 presumed not to be precursors to PM2.5, unless the
					 department determines that emissions of volatile organic compounds or ammonia
					 from sources in a specific area are a significant contributor to that area's
					 ambient PM2.5 concentrations.
"Process operation" means any method, form, action,
						operation, or treatment of manufacturing or processing, including any storage
						or handling of materials or products before, during, or after manufacturing or
						processing.
"Project" means any change at an existing stationary
						source consisting of the addition, replacement, or modification of one or more
						emissions units.
"Public comment period" means a time during which the
						public shall have the opportunity to comment on the permit application
						information, exclusive of confidential information, for a new stationary source
						or project, the preliminary review and analysis of the effect of the source
						upon the ambient air quality, and the preliminary decision of the department
						regarding the permit application.
"Reactivation" means beginning operation of an emissions
						unit that has been shut down.
"Reconstruction" means, for the sole purposes of
						9VAC5-80-1210
						A, B, and C, the replacement of an emissions unit or its components to such an
						extent that:
1. The fixed capital cost
					 of the new components exceeds 50% of the fixed capital cost that would be
					 required to construct a comparable entirely new unit;
2. The replacement significantly extends the
					 life of the emissions unit; and
3.
					 It is technologically and economically feasible to meet the applicable emission
					 standards prescribed under regulations of the board.
Any determination by the department as to whether a
						proposed replacement constitutes reconstruction shall be based on:
1. The fixed capital cost of the replacements
					 in comparison to the fixed capital cost of the construction of a comparable
					 entirely new unit;
2. The estimated
					 life of the unit after the replacements compared to the life of a comparable
					 entirely new unit;
3. The extent to
					 which the components being replaced cause or contribute to the emissions from
					 the unit; and
4. Any economic or
					 technical limitations on compliance with applicable standards of performance
					 that are inherent in the proposed replacements.
"Regulated air pollutant" means any of the
						following:
1. Nitrogen oxides or any
					 volatile organic compound.
2. Any
					 pollutant, including any associated precursor pollutant, for which an ambient
					 air quality standard has been promulgated.
3. Any pollutant subject to any standard
					 promulgated under 40 CFR Part 60.
4. Any pollutant subject to a standard
					 promulgated under or other requirements established under 40 CFR Part 61 and
					 any pollutant regulated under 40 CFR Part 63.
5. Any pollutant subject to a regulation
					 adopted by the board.
"Relocation" means a change in physical location of a
						stationary source or an emissions unit from one stationary source to another
						stationary source.
"Replacement" means the substitution of an emissions unit
						for an emissions unit located at a stationary source, which will thereafter
						perform the same function as the replaced emissions unit.
"Secondary emissions" means emissions that occur or would
						occur as a result of the construction or operation of a new stationary source
						or an emissions unit, but do not come from the stationary source itself. For
						the purpose of this article, secondary emissions must be specific,
						well-defined, and quantifiable; and must affect the same general areas as the
						stationary source that causes the secondary emissions. Secondary emissions
						include emissions from any off site support facility that would not be
						constructed or increase its emissions except as a result of the construction or
						operation of the stationary source or emissions unit. Secondary emissions do
						not include any emissions that come directly from a mobile source, such as
						emissions from the tailpipe of a motor vehicle, from a train, or from a
						vessel.
"Significant" means:
1. In reference to an emissions increase, an
					 increase in potential to emit that would equal or exceed any of the following
					 rates:
a. In ozone nonattainment areas
					 classified as serious or severe in
					 9VAC5-20-204:
Pollutant
Emissions Rate
Carbon Monoxide
100 tons per year (tpy)
Nitrogen Oxides
25 tpy
Sulfur Dioxide
40 tpy
Particulate Matter (PM)
25 tpy
Particulate Matter
								  (PM10)
15 tpy
Particulate Matter
								  (PM2.5)
10 tpy
Volatile organic compounds
25 tpy
Lead
0.6 tpy
b. In all other areas:
Pollutant
Emissions Rate
Carbon Monoxide
100 tons per year (tpy)
Nitrogen Oxides
40 tpy
Sulfur Dioxide
40 tpy
Particulate Matter (PM)
25 tpy
Particulate Matter
									 (PM10)
15 tpy
Particulate Matter
									 (PM2.5)
10 tpy
Volatile organic compounds
40 tpy
Lead
0.6 tpy
2. In reference to an emissions increase for
					 a regulated air pollutant not listed in subdivision 1 of this definition, there
					 is no emissions rate that shall be considered significant.
3. If the particulate matter
					 (PM10 or PM2.5) emissions for a
					 stationary source or emissions unit can be determined in a manner acceptable to
					 the department and the emissions increase is determined to be significant using
					 the emission rate for particulate matter (PM10 or
					 PM2.5), the stationary source or emissions unit shall be
					 considered to be significant for particulate matter (PM). If the emissions of
					 particulate matter (PM10 or
					 PM2.5) cannot be determined in a manner acceptable to
					 the department, the emission rate for particulate matter (PM) shall be used to
					 determine whether the emissions increase is significant.
"Significant emissions increase" means, for a regulated
						air pollutant, an increase in emissions that is significant for that
						pollutant.
"Site" means one or more contiguous or adjacent
						properties under the control of the same person or of persons under common
						control.
"Source category schedule for standards" means the
						schedule (i) 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 (ii) incorporated by reference into the regulations of the
						board in subdivision 2 of
						9VAC5-60-92.
"Space heater" means any fixed or portable, liquid or
						gaseous fuel-fired, combustion unit used to heat air in a space, or used to
						heat air entering a space, for the purpose of maintaining an air temperature
						suitable for comfort, storage, or equipment operation. Space heaters do not
						include combustion units used primarily for the purpose of conditioning or
						processing raw materials or product, such as driers, kilns, or ovens.
"State enforceable" means all limitations and conditions
						that are enforceable as a practical matter, including any regulation of the
						board, 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" means a permit issued under the
						state operating permit program.
"State operating permit program" means an operating
						permit program (i) for issuing limitations and conditions for stationary
						sources; (ii) promulgated to meet the EPA's minimum criteria for federal
						enforceability, including adequate notice and opportunity for the EPA and
						public comment prior to issuance of the final permit, and practicable
						enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et
						seq.) of this part.
"Stationary source" means any building, structure,
						facility, or installation that emits or may emit any regulated air pollutant. A
						stationary source shall include all of the pollutant-emitting activities that
						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 of
						persons under common control except the activities of any watercraft or any
						nonroad engine. Pollutant-emitting activities shall be considered as part of
						the same industrial grouping if they belong to the same "major group" (i.e.,
						that have the same two-digit code) as described in the "Standard Industrial
						Classification Manual" (see
						9VAC5-20-21)
						.
"Synthetic minor source" means a stationary source that
						otherwise has the potential to emit regulated air pollutants in amounts that
						are at or above those for major stationary sources, as applicable, but is
						subject to restrictions such that its potential to emit is less than such
						amounts for major stationary sources. Such restrictions must be enforceable as
						a practical matter. The term "synthetic minor source" applies independently for
						each regulated air pollutant that the source has the potential to emit.
"Temporary facility" means a facility that (i) is
						operated to achieve a specific objective (such as serving as a pilot test
						facility, a process feasibility project, or a remediation project) and (ii)
						does not contribute toward the commercial production of any product or service
						(including byproduct and intermediate product) during the operational period.
						Portable emissions units covered by the exemption under
						9VAC5-80-1105 A
						1 c and facilities used to augment or enable routine production are not
						considered temporary facilities for the purposes of this definition.
"Toxic pollutant" means any air pollutant (i) listed in
						§ 112(b) of the federal Clean Air Act, as amended by Subpart C of 40 CFR
						Part 63 and (ii) incorporated by reference into the regulations of the board at
						subdivision 1 of
						9VAC5-60-92,
						or any other air pollutant that the department 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®.
"Uncontrolled emission rate" means the emission rate from
						an emissions unit when operating at maximum capacity without air pollution
						control equipment. Air pollution control equipment includes control equipment
						that is not vital to its operation, except that its use enables the owner to
						conform to applicable air pollution control laws and regulations. Annual
						uncontrolled emissions shall be based on the maximum annual rated capacity
						(based on 8,760 hours of operation per year) of the emissions unit, unless the
						emissions unit or stationary source is subject to state and federally
						enforceable permit conditions that limit the annual hours of operation.
						Enforceable permit conditions on the type or amount of material combusted,
						stored, or processed may be used in determining the uncontrolled emission rate
						of an emissions unit or stationary source. The uncontrolled emission rate of a
						stationary source is the sum of the uncontrolled emission rates of the
						individual emissions units. Secondary emissions do not count in determining the
						uncontrolled emission rate of a stationary source.
"Undeveloped site" means any site or facility at which no
						emissions units are located at the time the permit application is deemed
						complete or at the time the owner begins actual construction, whichever occurs
						first. An undeveloped site also includes any site or facility at which all of
						the emissions units have been determined to be shut down pursuant to the
						provisions of
						9VAC5-20-220.
"Vegetative waste" means decomposable materials generated
						by land clearing activities and includes shrub, bush and tree prunings, bark,
						brush, leaves, limbs, roots, and stumps. Vegetative waste does not include
						construction or demolition waste or any combination of them.
"Vegetative waste recycling/mulching operation" means any
						activity related to size reduction or separating, or both, of clean wood or
						vegetative waste, or both, by grinding, shredding, chipping, screening, or any
						combination of them.