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 9VAC5-80-1105 - Permit exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 general requirements for minor NSR permit exemptions are as follows:
1. The provisions of this article do not
					 apply to the following stationary sources or emissions units:
a. The construction of any stationary source
					 or emissions unit that is exempt under the provisions of subsections B through
					 F of this section. In determining whether a source is exempt from the
					 provisions of this article, the provisions of subsections B through D of this
					 section are independent from the provisions of subsections E and F of this
					 section. A source must be determined to be exempt both under the provisions of
					 subsections B through D of this section taken as a group and under the
					 provisions of subsections E and F of this section to be exempt from this
					 article.
b. Vegetative waste
					 recycling/mulching operations that do not exceed 2100 hours of operation in any
					 12-month consecutive period at a single stationary source. To qualify as an
					 exemption under this subdivision, the total rated capacity of all diesel
					 engines at the source, including portable diesel engines temporarily located at
					 the site, may not exceed 1200 brake horsepower (output).
c. The location of a portable emissions unit
					 at a site subject to the following conditions:
(1) Any new emissions from the portable
					 emissions unit are secondary emissions.
(2) The portable emissions unit is either
					 subject to (i) a minor NSR permit authorizing the emissions unit as a portable
					 emissions unit subject to this subdivision or (ii) a general permit.
(3) The emissions of the portable emissions
					 unit at the site would be temporary.
(4) The portable emissions unit would not
					 undergo modification or replacement that would be subject to this
					 article.
(5) The portable emissions
					 unit is suitable to the area in which it is to be located.
(6) Reasonable notice is given to the
					 department prior to locating the emissions unit to the site identifying the
					 proposed site and the probable duration of operation at the site. Such notice
					 shall be provided to the department not less than 15 days prior to the date the
					 emissions unit is to be located at the site unless a different notification
					 schedule is previously approved by the department.
d. The reactivation of a stationary source
					 unless a determination concerning shutdown has been made pursuant to the
					 provisions of
					 9VAC5-20-220.
e. The use by any existing stationary source
					 or emissions unit of an alternative fuel or raw material, if the following
					 conditions are met:
(1) The owner
					 demonstrates to the department that, as a result of trial burns at the owner's
					 facility or other facilities or other sufficient data, the emissions resulting
					 from the use of the alternative fuel or raw material supply are decreased. No
					 demonstration will be required for the use of processed animal fat, processed
					 fish oil, processed vegetable oil, distillate oil, or any mixture thereof in
					 place of the same quantity of residual oil to fire industrial
					 boilers.
(2) The use of an
					 alternative fuel or raw material would not be subject to review under this
					 article as a project.