Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part I - Certain Permit Actions Before the Department › Section 9VAC5-80-5 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				  the purpose of applying this chapter 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. Unless otherwise required by context, all
				  terms not defined herein shall have the meaning given them in 9VAC5-170
				  (Regulation for General Administration), 9VAC5-10 (General Definitions), or
				  commonly ascribed to them by recognized authorities, in that order of
				  priority.
C. Terms defined.
"Applicable federal requirement" means all of, but not
					 limited to, the following as they apply to affected emissions units subject to
					 this chapter (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 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 Part II of this chapter.
13. Any standard or other requirement under
				  § 126(a)(1) and (c) of the federal Clean Air Act.
"Controversial permit" means an air permitting action for
					 which a public hearing has been granted pursuant
					 9VAC5-80-35.
					 "Controversial permit" also means an air permitting action where a public
					 hearing is required for (i) the construction of a new major source or for a
					 major modification to an existing source, (ii) a new fossil fuel-fired
					 generating facility with a capacity of 500 megawatts or more, (iii) a major
					 modification to an existing source that is a fossil fuel-fired generating
					 facility with a capacity of 500 megawatts or more, (iv) a new fossil fuel-fired
					 compressor station facility used to transport natural gas, or (v) a major
					 modification to an existing source that is a fossil fuel-fired compressor
					 station facility used to transport natural gas.
"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 the 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 hazardous air pollutant new source review (NSR)
					 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 in subdivisions 1 through 3 of this
					 definition and promulgated to implement the requirements of § 112
					 (relating to hazardous air pollutants) of the federal Clean Air Act. Any permit
					 issued under this program is a major NSR permit.
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.
"Federal hazardous air pollutant new source review (NSR)
					 permit" means a permit issued under the federal hazardous air pollutant new
					 source review program.
"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
					 Part II of this chapter.
"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 Part II of this chapter.
"Minor new source review (NSR) permit" means a permit
					 issued under the minor new source review program.
"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 Article 6 (9VAC5-80-1100 et
					 seq.) of Part II of this chapter. The minor NSR program may also be used to
					 implement the terms and conditions designated as state-only enforceable;
					 however, those terms and conditions shall not be applicable federal
					 requirements.
"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) Article 7 (9VAC5-80-1400 et
					 seq.), Article 8 (9VAC5-80-1605 et
					 seq.) and Article 9 (9VAC5-80-2000 et
					 seq.) of Part II of this chapter. The NSR program may also be used to implement
					 the terms and conditions designated as state-only enforceable; however, those
					 terms and conditions shall not be applicable federal requirements.
"Nonattainment major new source review (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 § 173 of the
					 federal Clean Air Act and associated regulations, and (iii) codified in Article
					 9 (9VAC5-80-2000 et
					 seq.) of Part II of this chapter. Any permit issued under this program is a
					 major NSR permit.
"Nonattainment major new source review (NSR) permit" means
					 a permit issued under the nonattainment major new source review program.
"Permit action" means the activities associated with, and
					 preliminary to, a decision of the department to approve, approve with
					 conditions, or disapprove permit applications; actions to amend or modify
					 permit terms or conditions; actions to renew, reopen, invalidate, suspend,
					 revoke or enforce permit terms or conditions. The term "permit action" does not
					 include actions to combine permit terms and conditions, provided there are no
					 changes to any permit term or condition.
"Prevention of Significant Deterioration (PSD) 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 § 165 of the
					 federal Clean Air Act and associated regulations, and (iii) codified in Article
					 8 (9VAC5-80-1605 et
					 seq.) of Part II of this chapter. Any permit issued under this program is a
					 major NSR permit.
"Prevention of Significant Deterioration permit" means a
					 permit issued under the Prevention of Significant Deterioration program.
"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.
"Public hearing" means, unless indicated otherwise, an
					 informal proceeding, similar to that provided for in § 2.2-4007 of the
					 Administrative Process Act, held to afford people an opportunity to submit
					 views and data relative to a matter on which a decision of the department is
					 pending.
"Public participation process" means any element of a
					 department decision-making process that provides an opportunity to submit views
					 and data relative to a matter on which a decision of the department is
					 pending.
"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 Part II of this chapter.