reglab/statecodes huggingface dataset:
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 9VAC5-80-1190 - Application review and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
No minor NSR permit shall be granted unless compliance
						with the standards in
						9VAC5-80-1180
						is demonstrated to the satisfaction of the department by a review and analysis
						of the application performed on a source-by-source basis as specified
						below:
1. Applications for new
					 stationary sources and projects shall be subject to the following review and
					 analysis:
a. A control technology review to
					 determine if the emissions units will be designed, built and equipped to comply
					 with all applicable standards of performance prescribed under 9VAC5-50 (New and
					 Modified Stationary Sources).
b. An
					 air quality analysis to determine the impact of pollutant emissions as may be
					 deemed appropriate by the department.
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 9VAC5-80-1200 - Compliance determination and verification by performance testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
					 stationary sources other than those specified in subsection B of this section,
					 compliance with standards of performance shall be determined in accordance with
					 the provisions of
					 9VAC5-50-20 and shall
					 be verified by performance tests in accordance with the provisions of
					 9VAC5-50-30.
B. For stationary sources of toxic
					 pollutants, compliance with emission standards shall be determined in
					 accordance with the provisions of
					 9VAC5-60-20 and shall
					 be verified by emission tests in accordance with the provisions of
					 9VAC5-60-30.
C. Testing required by subsections A and B of
					 this section shall be conducted by the owner within 60 days after achieving the
					 maximum production rate at which the source will be operated, but not later
					 than 180 days after initial startup of the source; and 60 days thereafter the
					 department shall be provided by the owner with one or, upon request, more
					 copies of a written report of the results of the tests.
D. For sources subject to the provisions of
					 40 CFR Part
					 60,
					 61 or
					 63, the compliance determination
					 and performance test requirements of subsections A, B and C of this section
					 shall be met as specified in those parts of Title 40 of the Code of Federal
					 Regulations.
E. For sources other
					 than those specified in subsection D of this section, the requirements of
					 subsections A, B and C of this section shall be met unless the department:
1. Specifies or approves, in specific cases,
					 the use of a reference method with minor changes in methodology;
2. Approves the use of an equivalent
					 method;
3. Approves the use of an
					 alternative method, the results of which the department has determined to be
					 adequate for indicating whether a specific source is in compliance;
4. Waives the requirement for testing
					 because, based upon a technical evaluation of the past performance of similar
					 source types, using similar control methods, the department reasonably expects
					 the source to perform in compliance with applicable standards; or
5. Waives the requirement for testing because
					 the owner of the source has demonstrated by other means to the department's
					 satisfaction that the source is in compliance with the applicable
					 standard.
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 9VAC5-80-1210 - Permit invalidation, suspension, revocation and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
					 addition to the sources subject to this article, the provisions of this section
					 shall apply to sources specified below:
1. Any
					 stationary source (or portion of it), the construction, modification, or
					 relocation of which commenced on or after March 17, 1972.
2. Any stationary source (or portion of it),
					 the reconstruction of which commenced on or after December 10, 1976.
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 9VAC5-80-1220 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a minor NSR permit shall not constitute
						defense to a violation of the Virginia Air Pollution Control Law or the
						regulations of the board and shall not relieve any owner of the responsibility
						to comply with any applicable regulations, laws, ordinances and orders of the
						governmental entities having jurisdiction.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; federal Clean
						  Air Act (§§ 110, 112, 165, 173, 182, and Title V) 40 CFR Parts 51,
						  61, 63, 70, and 72.
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 9VAC5-80-1230 - Compliance with local zoning requirements

Current through Register Vol. 40, No. 24, July 15, 2024
No provision of this part or any permit issued thereunder
						shall relieve any owner from the responsibility to comply in all respects with
						any existing zoning ordinances and regulations in the locality in which the
						source is located or proposes to be located; provided, however, that such
						compliance does not relieve the department of its duty under
						9VAC5-170-170
						and § 10.1-1307 E of the Virginia Air Pollution Control Law to
						independently consider relevant facts and circumstances.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
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 9VAC5-80-1240 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person shall transfer a minor NSR permit from one location to another, or from
					 one piece of equipment to another.
B. In the case of a transfer of ownership of
					 a stationary source, the new owner shall abide by any current minor NSR permit
					 issued to the previous owner. The new owner shall notify the department of the
					 change in ownership within 30 days of the transfer.
C. In the case of a name change of a
					 stationary source, the owner shall abide by any current minor NSR permit issued
					 under the previous source name. The owner shall notify the department of the
					 change in source name within 30 days of the name change.
D. The provisions of this section concerning
					 the transfer of a minor NSR permit from one location to another shall not apply
					 to the relocation of portable emissions units that are exempt from the
					 provisions of this article by
					 9VAC5-80-1105 A
					 1 c.
E. The provisions of this
					 section concerning the transfer of a minor NSR permit from one piece of
					 equipment to another shall not apply to the replacement of an emissions unit
					 that is exempt from the provisions of this article by
					 9VAC5-80-1105 A
					 2 a.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
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 9VAC5-80-1250 - General permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 requirements for issuance of a general permit regulation are as follows:
1. The board may issue a general permit
					 regulation covering a stationary source or emissions unit category containing
					 numerous similar stationary sources or emissions units that meet the following
					 criteria:
a. All stationary sources or
					 emissions units in the category shall be essentially the same in terms of
					 operations and processes and emit either the same pollutants or those with
					 similar characteristics.
b.
					 Stationary sources or emissions units shall not be subject to case-by-case
					 standards or requirements.
c.
					 Stationary sources or emissions units shall be subject to the same or
					 substantially similar requirements governing operation, emissions, monitoring,
					 reporting, or recordkeeping.
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 9VAC5-80-1255 - Actions to combine permit terms and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 General requirements for actions to combine permit terms and conditions are as
					 follows:
1. Except as provided in subdivision
					 3 of this subsection, the department may take actions to combine permit terms
					 and conditions as provided under subsections B through E of this
					 section.
2. Requests to combine
					 permit terms and conditions may be initiated by the permittee or by the
					 department.
3. Under no
					 circumstances may an action to combine permit terms and conditions be used for
					 any of the following:
a. To combine the terms
					 and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii)
					 any permit that is or will be part of the implementation plan.
b. To take an action to issue a permit or
					 change a permit for the fabrication, erection, installation, demolition,
					 relocation, addition, replacement, or modification of an emissions unit that
					 would result in a change in emissions that would otherwise (i) be subject to
					 review under this article or (ii) require a permit or permit amendment under
					 the new source review program.
c.
					 To allow any stationary source or emissions unit to violate any federal
					 requirement.
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 9VAC5-80-1260 - Actions to change permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 general requirements for actions to make changes to minor NSR permits are as
					 follows:
1. Except as provided in subdivision
					 3 of this subsection, changes to a minor NSR permit shall be made as specified
					 under subsections B and C of this section and
					 9VAC5-80-1270
					 through
					 9VAC5-80-1300.
2. Changes to a minor NSR permit may be
					 initiated by the permittee as specified in subsection B of this section or by
					 the department as specified in subsection C of this section.
3. Changes to a minor NSR permit and
					 incorporated into a permit issued under Article 1 (9VAC5-80-50 et
					 seq.) or Article 3 (9VAC5-80-360 et
					 seq.) of this part shall be made as specified in Article 1 (9VAC5-80-50 et
					 seq.) or Article 3 (9VAC5-80-360 et
					 seq.) of this part.
4. This section
					 shall not be applicable to general permits.
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 9VAC5-80-1270 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be used for and limited to the
					 following:
1. Correction of typographical or
					 any other error, defect or irregularity which does not substantially affect the
					 permit.
2. Identification of a
					 change in the name, address, or phone number of any person identified in the
					 permit, or of a similar minor administrative change at the source.
3. Change in ownership or operational control
					 of a source where the department determines that no other change in the permit
					 is necessary, provided that a written agreement containing a specific date for
					 transfer of permit responsibility, coverage, and liability between the current
					 and new permittee has been submitted to the department and the requirements of
					 9VAC5-80-1240
					 have been fulfilled.
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 9VAC5-80-1280 - Minor permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit amendment procedures shall be used only for those permit
					 amendments that meet all of the following criteria:
1. Do not violate any applicable federal
					 requirement.
2. Do not involve
					 significant changes to existing monitoring, reporting, or recordkeeping
					 requirements that would make the permit requirements less stringent, such as a
					 change to the method of monitoring to be used, a change to the method of
					 demonstrating compliance or a relaxation of reporting or recordkeeping
					 requirements.
3. Do not require or
					 change a case-by-case determination of an emissions limitation or other
					 requirement.
4. Except as provided
					 in subdivision C 2 of this section, do not seek to establish or change a permit
					 term or condition (i) for which there is no corresponding underlying applicable
					 regulatory requirement and (ii) that the source has assumed to avoid an
					 applicable regulatory requirement to which the source would otherwise be
					 subject. Such terms and conditions include:
a.
					 An emissions cap assumed to avoid classification as a project subject to the
					 new source review program or as a modification under § 112 of the federal
					 Clean Air Act; and
b. An
					 alternative emissions limit approved pursuant to regulations promulgated under
					 § 112(i)(5) of the federal Clean Air Act.
5. Are not modifications under the new source
					 review program or under § 112 of the federal Clean Air Act that would
					 otherwise require a permit under the new source review program.
6. Are not required to be processed as a
					 significant amendment under
					 9VAC5-80-1290
					 or as an administrative permit amendment under
					 9VAC5-80-1270.
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 9VAC5-80-1290 - Significant amendment procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be
					 used for requesting permit amendments that do not qualify as minor permit
					 amendments under
					 9VAC5-80-1280
					 or as administrative amendments under
					 9VAC5-80-1270.
2. Significant amendment procedures shall be
					 used for those permit amendments that meet any one of the following criteria:
a. Involve significant changes to existing
					 monitoring, reporting, or recordkeeping requirements that would make the permit
					 requirements less stringent, such as a change to the method of monitoring to be
					 used, a change to the method of demonstrating compliance or a relaxation of
					 reporting or recordkeeping requirements.
b. Require or change a case-by-case
					 determination of an emissions limitation or other requirement.
c. Seek to establish or change a minor NSR
					 permit term or condition (i) for which there is no corresponding underlying
					 applicable regulatory requirement and (ii) that the source has assumed to avoid
					 an applicable regulatory requirement to which the source would otherwise be
					 subject. Such terms and conditions include:
(1) An emissions cap assumed to avoid
					 classification as a project subject to the new source review program or as a
					 modification under § 112 of the federal Clean Air Act; and
(2) An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act.
3.
					 Significant amendment procedures may not be used to bypass the public
					 participation requirements in
					 9VAC5-80-1170
					 for an application for a project that would be subject to the minor new source
					 review program.
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 9VAC5-80-1300 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 minor NSR permit may be reopened and revised under any of the following
					 situations:
1. Additional regulatory
					 requirements become applicable to the emissions units covered by the permit
					 after a permit is issued but prior to commencement of construction.
2. The department determines that the permit
					 contains a material mistake or that inaccurate statements were made in
					 establishing the terms or conditions of the permit.
3. The department determines that the permit
					 must be amended to assure compliance with the applicable regulatory
					 requirements or that the terms and conditions of the permit are not sufficient
					 to meet all of the requirements contained in this article.
4. A new emission standard prescribed under
					 40 CFR Part
					 60,
					 61 or
					 63 becomes applicable after a
					 permit is issued but prior to initial startup.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1400 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provisions
					 of this article apply to any owner or other person who constructs or
					 reconstructs a major source of hazardous air pollutants.
B. The provisions of this article apply
					 throughout the Commonwealth of Virginia.
C. Regardless of the exemptions provided in
					 this article, no owner or other person shall circumvent the requirements of
					 this article by causing or allowing a pattern of ownership or development over
					 a geographic area of a source which, except for the pattern of ownership or
					 development, would otherwise require a permit.
D. No provision of this article shall be
					 construed as exempting any stationary source, emissions unit, or affected
					 source from the provisions of this chapter.
E. Unless specified otherwise, the provisions
					 of this article are applicable to various sources as follows:
1. Provisions referring to "sources," or "new
					 or reconstructed sources, or both" or "stationary sources" are applicable to
					 the construction or reconstruction of all major sources of hazardous air
					 pollutants.
2. Any emissions units,
					 stationary sources, or air pollutants not subject to the provisions of this
					 article may be subject to other provisions of the new source review
					 program.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1430 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 single application is required identifying at a minimum each emissions unit
					 subject to the provisions of this article. The application shall be submitted
					 according to procedures approved by the department. However, where several
					 emissions units are included in one project, a single application covering all
					 units in the project may be submitted.
B. A separate application is required for
					 each major source.
C. For projects
					 with phased development, a single application should be submitted covering the
					 entire project.
D. Any application
					 form, report, or compliance certification submitted to the department shall
					 comply with the provisions of
					 9VAC5-20-230.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1450 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Within 45 days after receipt of an application, the department shall notify the
					 applicant of the status of the application. The notification of the initial
					 determination with regard to the status of the application shall be provided by
					 the department in writing and shall include:
(i) a determination as to which provisions of
					 the new source review program are applicable,
(ii) the identification of any deficiencies,
					 and
(iii) a determination as to
					 whether the application contains sufficient information to begin application
					 review. The determination that the application has sufficient information to
					 begin review is not necessarily a determination that it is complete. Within 30
					 days after receipt of any additional information, the department shall notify
					 the applicant of any deficiencies in such information. The date of receipt of a
					 complete application for processing under subsection B of this section shall be
					 the date on which the department received all required information and the
					 provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have
					 been met.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1460 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 later than 15 days after receiving the initial determination notification
					 required under
					 9VAC5-80-1450
					 A, the applicant for a permit for a major source of hazardous air pollutants
					 shall notify the public of the proposed source as required in subsection B of
					 this section. The applicant shall also provide an informational briefing about
					 the proposed source for the public as required in subsection C of this
					 section.
B. The public notice
					 required under this section shall be placed by the applicant in at least one
					 newspaper of general circulation in the affected air quality control region.
					 The notice shall be approved by the department and shall include the following:
1. The source name, location, and
					 type;
2. The applicable pollutants
					 and the total quantity of each that the applicant estimates will be emitted and
					 a brief statement of the air quality impact of such pollutants;
3. The control technology proposed to be used
					 at the time of the publication of the notice;
4. The date, time, and place of the
					 informational briefing; and
5. The
					 name and telephone number of a contact person employed by the applicant who can
					 answer questions about the proposed source.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1470 - Standards and conditions for granting permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 permit shall be granted pursuant to this article unless it is shown to the
					 satisfaction of the department that the source will be designed, built and
					 equipped to operate without causing a violation of the applicable provisions of
					 the regulations of the board and that the following standards have been met:
1. The source shall be designed, built and
					 equipped to comply with applicable emission standards and other requirements
					 prescribed under 9VAC5 Chapter 60 (9VAC5-60-10 et
					 seq.).
2. The source shall be
					 designed, built and equipped to comply with the MACT emission limitation and
					 other requirements prescribed in the permit.
3. The source shall be designed, built and
					 equipped to operate without causing a violation of the applicable provisions of
					 regulations of the board.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1480 - Application review and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 permit shall be granted pursuant to this article unless compliance with the
					 standards in
					 9VAC5-80-1470
					 is demonstrated to the satisfaction of the department by a review and analysis
					 of the application performed on a source-by-source basis.
B. Applications for stationary sources of
					 hazardous air pollutants shall be subject to a control technology review to
					 determine if such source will be designed, built and equipped to comply with
					 all applicable emission standards prescribed under
					 9VAC5-80-1470.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1500 - Permit invalidation, rescission, revocation and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit granted pursuant to this article shall become invalid if a program of
					 continuous construction or reconstruction is not commenced within the latest of
					 the following time frames:
1. Eighteen months
					 from the date the permit is granted;
2. Nine months from the date of the issuance
					 of the last permit or other authorization (other than permits granted pursuant
					 to this article) from any governmental entity; or
3. Nine months from the date of the last
					 resolution of any litigation concerning any such permits or authorizations
					 (including permits granted pursuant to this article).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1510 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a permit under this article shall not
						constitute defense to a violation of the Virginia Air Pollution Control Law or
						the regulations of the board and shall not relieve any owner of the
						responsibility to comply with any applicable regulations, laws, ordinances and
						orders of the governmental entities having jurisdiction.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1520 - Compliance with local zoning requirements

Current through Register Vol. 40, No. 24, July 15, 2024
No provision of this part or any permit issued
						thereunder shall relieve any owner from the responsibility to comply in all
						respects with any existing zoning ordinances and regulations in the locality in
						which the source is located or proposes to be located.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1530 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 persons shall transfer a permit from one location to another or from one piece
					 of equipment to another.
B. In the
					 case of a transfer of ownership of a stationary source, the new owner shall
					 abide by any current permit issued to the previous owner. The new owner shall
					 notify the department of the change in ownership within 30 days of the
					 transfer.
C. In the case of a name
					 change of a stationary source, the owner shall abide by any current permit
					 issued under the previous source name. The owner shall notify the department of
					 the change in source name within 30 days of the name change.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1540 - Changes to permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 general requirements for making changes to permits are as follows:
1. Changes to a permit issued under this
					 article shall be made as specified under subsections B and C of this section
					 and
					 9VAC5-80-1550
					 through
					 9VAC5-80-1580
					 of this article.
2. Changes to a
					 permit issued under this article may be initiated by the permittee as specified
					 in subsection B of this section or by the department as specified in subsection
					 C of this section.
3. Changes to a
					 permit issued under this article and incorporated into a permit issued under
					 Article 1 (9VAC5-80-50 et
					 seq.) of this part shall be made as specified in Article 1 of this
					 part.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1550 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be required for and limited to the
					 following:
1. Correction of typographical or
					 any other error, defect or irregularity which does not substantially affect the
					 permit.
2. Identification of a
					 change in the name, address, or phone number of any person identified in the
					 permit, or of a similar minor administrative change at the source.
3. Change in ownership or operational control
					 of a source where the department determines that no other change in the permit
					 is necessary, provided that a written agreement containing a specific date for
					 transfer of permit responsibility, coverage, and liability between the current
					 and new permittee has been submitted to the department and the requirements of
					 9VAC5-80-1420 have been
					 fulfilled.
4. The combining of
					 permits under the new source review program as provided in
					 9VAC5-80-1420
					 B.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1560 - Minor permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit amendment procedures shall be used only for those permit
					 amendments that:
1. Do not violate any
					 applicable requirement;
2. Do not
					 involve significant changes to existing monitoring, reporting, or recordkeeping
					 requirements that would make the permit requirements less stringent, such as a
					 change to the method of monitoring to be used, a change to the method of
					 demonstrating compliance or a relaxation of reporting or recordkeeping
					 requirements;
3. Do not require or
					 change a case-by-case determination of an emission limitation or other
					 standard;
4. Do not seek to
					 establish or change a permit term or condition (i) for which there is no
					 corresponding underlying applicable regulatory requirement and (ii) that the
					 source has assumed to avoid an applicable regulatory requirement to which the
					 source would otherwise be subject. Such terms and conditions include:
a. An emissions cap assumed to avoid
					 classification as a modification subject to the new source review program or
					 § 112 of the federal Clean Air Act; and
b. An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act;
5. Are not a
					 result of modifications subject to the new source review program; and
6. Are not required to be processed as a
					 significant amendment under
					 9VAC5-80-1570;
					 or as an administrative permit amendment under
					 9VAC5-80-1550.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1570 - Significant amendment procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be
					 used for requesting permit amendments that do not qualify as minor permit
					 amendments under
					 9VAC5-80-1560
					 or as administrative amendments under
					 9VAC5-80-1550.
2. Significant amendment procedures shall be
					 used for those permit amendments that:
a.
					 Involve significant changes to existing monitoring, reporting, or recordkeeping
					 requirements that would make the permit requirements less stringent, such as a
					 change to the method of monitoring to be used, a change to the method of
					 demonstrating compliance or a relaxation of reporting or recordkeeping
					 requirements.
b. Require or change
					 a case-by-case determination of an emission limitation or other
					 standard.
c. Seek to establish or
					 change a permit term or condition (i) for which there is no corresponding
					 underlying applicable regulatory requirement and (ii) that the source has
					 assumed to avoid an applicable regulatory requirement to which the source would
					 otherwise be subject. Such terms and conditions include:
(1) An emissions cap assumed to avoid
					 classification as a modification subject to the new source review program or
					 § 112 of the federal Clean Air Act.
(2) An alternative emissions limit approved
					 pursuant to regulations promulgated under § 112(i)(5) of the federal Clean
					 Air Act.
d. Result from
					 modifications subject to the new source review program.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1580 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit may be reopened and amended under any of the following situations:
1. Additional regulatory requirements become
					 applicable to the emission units covered by the permit after a permit is issued
					 but prior to commencement of construction.
2. The department determines that the permit
					 contains a material mistake or that inaccurate statements were made in
					 establishing the emissions standards or other terms or conditions of the
					 permit.
3. The department
					 determines that the permit must be amended to assure compliance with the
					 applicable regulatory requirements or that the conditions of the permit are not
					 sufficient to meet all of the standards and requirements contained in this
					 article.
4. A new emission standard
					 prescribed under Article 1 (9VAC5-60-60 et seq.) of
					 Part II of 9VAC5 Chapter 60 becomes applicable after a permit is issued but
					 prior to initial startup.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1605 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provisions of this article apply to the construction of any new major
					 stationary source or any project at an existing major stationary
					 source.
B. The provisions of this
					 article apply in prevention of significant deterioration areas designated in
					 9VAC5-20-205.
C. At such time that a particular source or
					 modification becomes a major stationary source or major modification solely by
					 virtue of a relaxation in any enforceable limitation that was established after
					 August 7, 1980, on the capacity of the source or modification otherwise to emit
					 a pollutant, such as a restriction on hours of operation, then the requirements
					 of this article shall apply to the source or modification as though
					 construction had not yet commenced on the source or modification.
D. Unless specified otherwise, the provisions
					 of this article apply as follows:
1.
					 Provisions referring to "sources," "new or modified sources" or "stationary
					 sources" apply to the construction of all major stationary sources and major
					 modifications.
2. Any emissions
					 units or pollutants not subject to the provisions of this article may be
					 subject to the provisions of Article 6 (9VAC5-80-1100 et
					 seq.), Article 7 (9VAC5-80-1400 et
					 seq.), or Article 9 (9VAC5-80-2000 et
					 seq.) of this part.
3. Provisions
					 referring to "state and federally enforceable" and "federally and state
					 enforceable" or similar wording shall mean "state-only enforceable" for terms
					 and conditions of a permit designated state-only enforceable under
					 9VAC5-80-1625
					 G.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1635 - Ambient air increments

Current through Register Vol. 40, No. 24, July 15, 2024
In areas designated as class I, II or III, increases in
						pollutant concentration over the baseline concentration shall be limited to the
						following:
MAXIMUM ALLOWABLE INCREASE (micrograms
								per cubic meter)
Class I Area
PM2.5:
Annual arithmetic mean
1
24 hour maximum
2
PM10:
Annual arithmetic mean
4
24 hour maximum
8
Sulfur dioxide:
Annual arithmetic mean
2
24-hour maximum
5
Three-hour maximum
25
Nitrogen dioxide:
Annual arithmetic mean
2.5
Class II Area
PM2.5:
Annual arithmetic mean
4
24 hour maximum
9
PM10:
Annual arithmetic mean
17
24 hour maximum
30
Sulfur dioxide:
Annual arithmetic mean
20
24-hour maximum
91
Three-hour maximum
512
Nitrogen dioxide:
Annual arithmetic mean
25
Class III Area
PM2.5:
Annual arithmetic mean
8
24 hour maximum
18
PM10:
Annual arithmetic mean
34
24 hour maximum
60
Sulfur dioxide:
Annual arithmetic mean
40
24-hour maximum
182
Three-hour maximum
700
Nitrogen dioxide:
Annual arithmetic mean
50
For any period other than an annual period, the
						applicable maximum allowable increase may be exceeded during one such period
						per year at any one location.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air Act
						  (§§ 110, 112, 165, 173, and 182 and Title V); 40 CFR Parts 51, 61,
						  63, 70 and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1645 - Ambient air ceilings

Current through Register Vol. 40, No. 24, July 15, 2024
No concentration of a pollutant shall exceed:
1. The concentration permitted under the
					 secondary ambient air quality standard, or
2. The concentration permitted under the
					 primary ambient air quality standard, whichever concentration is lowest for the
					 pollutant for a period of exposure.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air Act
						  (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70
						  and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1655 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 single application is required identifying at a minimum each emissions unit
					 subject to the provisions of this article. The application shall be submitted
					 according to procedures acceptable to the department. However, where several
					 emissions units are included in one project, a single application covering all
					 units in the project may be submitted. A separate application is required for
					 each location.
B. For projects with
					 phased development, a single application may be submitted covering the entire
					 project.
C. Any application form,
					 report, or certification submitted to the department shall comply with the
					 provisions of
					 9VAC5-20-230.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1665 - Compliance with local zoning requirements

Current through Register Vol. 40, No. 24, July 15, 2024
No provision of this part or any permit issued thereunder
						shall relieve an owner of the responsibility to comply in all respects with any
						existing zoning ordinances and regulations in the locality in which the source
						is located or proposes to be located; provided, however, that such compliance
						does not relieve the department of its duty under
						9VAC5-170-170
						and § 10.1-1307 E of the Virginia Air Pollution Control Law to
						independently consider relevant facts and circumstances.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1675 - Compliance determination and verification by performance testing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Compliance with standards of performance shall be determined in accordance with
					 the provisions of
					 9VAC5-50-20 and shall
					 be verified by performance tests in accordance with the provisions of
					 9VAC5-50-30.
B. Testing required by this section shall be
					 conducted within 60 days by the owner after achieving the maximum production
					 rate at which the new or modified source will be operated, but not later than
					 180 days after initial startup of the source; and 60 days thereafter the
					 department shall be provided by the owner with two or, upon request, more
					 copies of a written report of the results of the tests.
C. The requirements of this section shall be
					 met unless the department:
1. Specifies or
					 approves, in specific cases, the use of a reference method with minor changes
					 in methodology;
2. Approves the use
					 of an equivalent method;
3.
					 Approves the use of an alternative method, the results of which the department
					 has determined to be adequate for indicating whether a specific source is in
					 compliance;
4. Waives the
					 requirement for testing because, based upon a technical evaluation of the past
					 performance of similar source types, using similar control methods, the
					 department reasonably expects the new or modified source to perform in
					 compliance with applicable standards; or
5. Waives the requirement for testing because
					 the owner of the source has demonstrated by other means to the department's
					 satisfaction that the source is in compliance with the applicable
					 standard.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1685 - Stack heights

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provisions of
					 9VAC5-50-20 H
					 apply.
B. Prior to issuing a permit
					 with a new or revised emission limitation that is based on a good engineering
					 practice stack height that exceeds the height allowed by subdivision 1 or 2 of
					 the GEP definition in
					 9VAC5-10-20, the
					 department will notify the public of the availability of the demonstration
					 study specified in subdivision 3 of the GEP definition and will provide
					 opportunity for public hearing on it using the procedures set forth in
					 9VAC5-80-1775.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.